SPECIAL REPORT PROPOSED — Pages CONSTITUTION 14 & 19 SUPPLEMENT EU PEACE PROJECT MAY 2010 Issue No. 067 Kshs 40/= — Pages 15-18 Let the people decide By DANIEL OTUNGE 20 long years of struggle for a new he search for a new constitution in Kenya is a process that has been as lengthy as it has been acrimonious. Constitution and we are still bickering THowever, it would be the height of po- litical naivety for anyone to expect that constitutional making process would be a garden party affair. The stakes are just too high and the vested interests are just too many. The lords of impunity and those who Inside have been enjoying the numerous loop- holes and flaws in the current Kenyan constitution to lord it over Kenyans would not give in easily. As someone said, power corrupts and absolute power corrupts abso- lutely. Open letter to Hence, the countdown to the plebiscite or the referendum over the newest draft Catholic Bishops constitution, Kenyans must be prepared to leave with the fact that there will be pro- — Pg 8 tagonists and antagonists. This will happen irrespective of whether the draft is opened for further negotiation or not. In fact, there will be more acrimony if Kenyan the draft is reopened for political, ethnic President Kibaki PM Raila and religious contests disguised as consen- philanthropist sus building. This is why the public was put as the final arbiter. The honest church feted leader, politician and all other powers that be should therefore just do the right thing — Pg 13 and let Kenyans of voting age decide the fate of the constitution through a referen- dum. But what is a referendum or plebiscite? This is a direct vote in which an entire elec- torate is asked to either accept or reject a ACK wants 74 particular proposal. For our case, the pro- counties posal is the new constitution set to roll out of the government press on May 6, 2010. A referendum is a very expensive affair. It — Pg 21

Turn to Page 2, Col. 2 Ms Karua Mr. Kitonga Fraudsters invade New law protects right to life Murang’a land By TOM KAGWE lation ‘kill’ (less specific and more inclu- a universal injunction against all killing, office sive) instead of ‘murder’, as seen in the as retzach is never used in reference to In the last few weeks, a lot of time has been Torah or the initial Ten Commandments. the slaughtering of animals, nor the taking — Pg 30 taken debating on the right to life. Many There is controversy as to which translation away life in a war situation. With regard have stated that termination of pregnancy is more faithful (‘killing’ or ‘murder’), and to war, according to the Catechism of the (read abortion) must not be allowed. And if both forms are quoted in support of many Catholic Church, if rigorous conditions of allowed, the Catholics and other Christian opposing ethical standpoints. moral legitimacy are met, the use of arms faithful will organize to vote NO at the up- Further, while killing a human being is a must not produce evils and disorders graver Massive looting coming referendum. No doubt, it is errone- capital sin, the same does not apply during than the evil to be eliminated, and hence is ous to terminate life. And the Word of God war. Indeed, the Hebrew word for murder not a violation because governments can- of devolved fund is clear in the Sixth of the Ten Command- is retzach which is found in the Ten Com- not be denied the right of lawful self-de- ments that reads: thou shall not kill. Indeed, mandments. The Old Testament (in Exodus — Back Page the Roman Catholic Church uses the trans- 20:13) prohibits unjust killing, rather than Turn to Page 2, Col. 1 The Link, May 2010 2 GOVERNANCE

From page 1 have developed a well balanced and thought out curriculum for is only called to allow the citizen- that purpose. At the same time the Let the peole decide ‘Yes’ team, led by PM Raila Od- ry to make a decision on a very weighty matter, such as adop- inga and President Mwai Kibaki, tion of a new constitution. It is a ‘No’ team are fuming and croak- must not use their power to force democratic process that allows ing. But from the look of things, their way. the majority to have their way and Kenyans are so determined to pass Even so, it is imperative that the minority to have their say so the new constitution nothing will members of the executive should to speak. stop them. speak with one voice. If the gov- However, given the central- It is quickly emerging that the ernment has decided to support ity of the constitution in people’s ‘No’ team are very economical the draft as it has, then all min- lives, especially in a democracy with the truth about the actual pro- isters should do the same. This like Kenya, the people ought to visions of the draft. For instance, is the practice everywhere else in know contents of the proposed CoE and many experts who have the world. If a minister disagrees new law. This will enable them to read and reread the draft, are cat- with government position then he make informed decisions on the egorical that it does not support or she should resign or be fired so draft instead of relying on propa- abortion, yet the church insists it that he/she can be free to oppose ganda peddled by some leaders. does. As for Kadhis Courts, they the government vehemently. The Constitution is important be- were even before Kenya was born. What we do not want to see cause it is a source of a people’s And they have always existed even are hate speeches, violence, eth- identity. It acknowledges the in the current constitution. They nic tensions and religious schisms diversity of the people and sets do not interfere with, among other witnessed in 2005 referendum. reasons as to why they found it faiths found in Kenya, Christians, The voters, it is your turn to shut necessary to live together. It set Mrs Karua Mr Shikuku Hindus, Buddhists and Judaists in up the protagonists by registering out governance structures, bill of any way. as voters in large numbers and vot- rights and responsibilities of the For instance, whereas the Lan- Powers of the three arms of gov- Many observers wonder why ing according to your conscience people and those of the govern- caster constitution created de- ernment, namely the legislature, the ‘No’ team are calling for reo- and convictions for the draft. ment. volved government, the mongrel judiciary and the executive have pening of the draft for negotiation This is a golden opportunity So when the people feel, like we have today created a unitary been clearly separated. The presi- when they know very well that it since Kibaki and Raila have this we do in Kenya, that the current government with an executive dent will no longer be the Alfa and will be an exercise in futility. After time round joined hands to sup- law is flawed and therefore the president who is like an earthly Omega of Kenyan political, social all it is the same parliament that port the constitution. The draft root cause of all our afflictions, god, a true Leviathan who is above and economic life. The ministers failed to make any amendments has overwhelming support. From then they reserve the right to the law. The president owns every- will come from outside parliament when it had the chances both on trade unions, professional organi- change it. thing and everyone in the country but will have to be approved by the floor of parliament and at the zations, women leagues, youth For instance, the current Ken- and can do anything to you with the legislators. Kenya Institute of Administration. groups, civil society organiza- yan constitution was negotiated absolute impunity. And above all the new draft The responsible and right thing tions, imams, students, media fra- by a few Kenyan politicians and Even so, the window of oppor- recognizes Kenyans and their uni- to do now is to let the people be ternity to the general public have the British colonial masters in tunity has opened, albeit slowly, ty in diversity. In short, in many free to decide the fate of the con- said time is up for more talk about London in a house called Lan- for Kenyans to enact a new law. ways, the CoE document has cap- stitution. This is the only chance the constitution. caster. It came into force in 1963 The new law has drastically weak- tured and reflected the mood, aspi- that Kenyans have of passing into As the Bible says, there is time without being subjected to a pleb- ened the presidency as they want- rations, fears and expectations of law the new constitution. In a de- for everything. There was time to iscite. ed. It has devolved the govern- majority of Kenyans. mocracy, the minority must have talk and now there is time for the But since then, it has been uni- ment to 47 regions as they wished. Nevertheless, there are those their say and the majority, their public to read the draft between laterally mutilated by parliamen- The proposed law, developed by who still carp about some minor way. Let the majority win. the lines and decide whether to tarians without reference to the the Committee of Experts (CoE), issues like land, abortion, Kadhis Both sides must engage in civi- throw it away and live with the people. It has become a mongrel headed by lawyer Zamba Gitonga, Courts and pure devolution or Ma- lized and truthful civic education. strident realities of the current after 43 different amendments that also created regional assemblies jimbo system of government. It is CoE should be allowed to lead constitution or return a ‘Yes’ vote even the veteran politician Martin and an independent senate. their democratic right to do so. the way in provison of objective, and reap the benefits of the new Shikuku, who was there at Lan- What is more, it has expanded Led by the church leaders and factual and balanced civic educa- constitution. caster, is unable to recognize it. and protected the bill of rights to the then agriculture minister and tion since they are the mandated Let the people decide, for that Hence the need for a people driv- the extent that no one individual now higher education minister, experts as the Gichugu MP Mar- is what a plebiscite is all about! en and derived constitution! or parliament can mess up with it. William Ruto, and his cohorts, the tha Karua would say. And they New law protects right to life

From page 1 58 countries actively practice it sections about abortion, are found while 95 countries have abolished in laws such as: the Penal Code fense, once all peace efforts have it. The others have not used it for itself, as quoted below; Crimi- failed. 10 years or allow it only in ex- nal Procedure Code; and Public With regard to abortion, many ceptional circumstances such as Health Act among others. Simply Christians (Catholics, along with wartime. put; the Constitution cannot con- many Lutherans) and Muslims When we fast forward all tain all laws, but is only a basis consider abortion as sinful and a these principles to current debate of guiding “other written laws”. violation of the Sixth Command- about the Proposed Constitution Such Acts of Parliament consti- ment. Second, the right of States of Kenya (PCK), we see lack of tute “other written laws”. to execute criminals has not been a whole-some debate on the right But when the above Article fully resolved since to some it is to life. Indeed, most of the debate 26(4) is compared to Section 240 not absolutely forbidden by the has concentrated on Article 26(4), of the current Penal Code, then Sixth Commandment while to which reads: “Abortion is not per- one sees no actual problem with Mr. Ruto Canon Karanja others capital punishment (read mitted unless, in the opinion of a drafting or meaning. Section 240 ‘death penalty’) should be fully trained health professional, there reads: “A person is not crimi- state at the time” as seen in the some debate on the right to life outlawed. Nevertheless, the right is need for emergency treatment, nally responsible for performing Penal Code is far much weaker and compare what are the net to life is protected internationally. or the life or health of the mother in good faith and with reasonable than the phrase; “need for emer- gains of the PCK are, as com- Article 6(1) of the International is in danger or if permitted by any care and skill a surgical operation gency treatment”. Further, Ken- pared to the current Constitution. Covenant on Political and Civil other written law”. And through upon any person for his benefit, yans should realize that Section We need to see how the latter Rights (ICCPR) states: “every hu- partisan quotation of this Article, or upon an unborn child for the 240 is weak when it makes ref- protects the right to life, and then man being has the inherent right to many have opined that the State preservation of the mother’s life, erence to a “person” rather than contradistinguish the same provi- life. This right shall be protected has opened a window to what if the performance of the opera- “a trained health professional” as sions with the PCK. This is use- by law. No one shall be arbitrarily these NO ‘crusaders’ call “abor- tion is reasonable, having regard seen in the PCK. Debate has also ful so that we make meaningful deprived of his life.” Article 6(2) tion on demand”. Some have to the patient’s state at the time been on what “opinion” consti- analysis of what the right is, and does not abolish the death penalty, asked about what “other written and to all the circumstances of the tutes, but the Penal Code refers which provisions protect this right but urges countries that have not law”, should be and who or what case.”. So perhaps the text miss- to “reasonable care”, which is the in a better way. outlawed it, only to impose it for informs these other laws. Today’s ing is “there is need for emergen- same thing. “serious crimes”. Currently, only laws, which contain restrictive cy treatment”. But the “patient’s There is need for a whole- Turn to Page 12, Col. 1 The Link, May 2010 EDUCATION 3

early marriages, pregnancies and the community’s negative attitude towards Lamu residents Parents urged to help their girls as far as education is concerned. She consequently, appeals to the want school community to change the negative atti- tude towards girl child education and at upgraded daughters stay in school the same time asks mothers to caution daughters against early marriage and By BEKDAZO TONDO By AGGREY BUCHUNJU of their children with a view to ensur- He accuses some parents of hav- immorality. ing that they grow up responsibly. ing negative attitude towards girl child The educationists were speaking re- Residents and parents of Bungoma South District education of- He however, cautions parents education and engaging in conspicuous cently of St. Martin’s Mwibale Second- Lamu West Constituency ficial are sounding alarm bells over the against using words or behaving in consumption of liquor during circumci- ary School during the institution’s PTA have called on area CDF high rate at which girls are dropping out manner that may amount to a curse sion period at the expense of education. annual General meeting (AGM). Committee to give funds to of school in the area. while guiding and counseling their “Why slaughter bulls and exhaust During the meeting that was at- Uziwa secondary school for Mwibale Zone Education Officer, children. your cereals during an activity that lasts tended by over 300 parents Mr. Paul development. Mr. Francis Nalimae, says that more “It should not appear like you are for one minute or less,” he poses. Mukhongo was re-elected PTA chair- They noted that the school girls were dropping out school in the cursing your children during guiding Similar sentiments are expressed by man. Mr. Mukhongo told parents that started by the community 20 area due to factors largely blamed on and counseling sessions with them,” the Principal of St. Martin’s Mwibale this year the school will construct two Mr. Nalimae cautions. years ago still ranks lowly lack of parental guidance and mis- mixed Secondary School Mrs. Emily more classrooms to cope with the in- in terms of infrastructural placed priorities when it come to edu- Mr. Nalimae notes with regrets that Muhoja Wanyonyi who laments that creasing number of students. the transition rate is very low in the The PTA chairman further said that development and lacked the cation matters in the family. during the last three months 38 girls necessary facilities despite Mr. Nalimae argues that guiding area and blames parents for contribut- dropped out of her school due to pre- the school was considering to put up and counseling starts at a family level ing immensely to this unfortunate state ventable causes. special toilets for use by people with numerous petitions to the lo- and as a result urges parents to take care of affairs. The principal names the causes as disability. cal CDF to consider allocat- ing funds to the school. According to the parents, the CDF committee has de- Parents want liberately failed to allocate funds to develop the school head of Tetu due to political reasons. A spot check by The Link established that the school Girls Primary did not have enough classes, lacks a laboratory, library, School out administrative block, dinning hall and kitchen. By JOSEPH MUKUBWA An elder of the commu- nity Mzee George Rugoi who OVER 400 parents stormed Tetu Girls spoke to The Link says it is Primary School in Nyeri Municipality to demand the immediate removal of the disheartening to see a school school headmistress who they accused started by the community de- of incompetence and high handedness. generate into such levels. The parents who were also joined by “Members of community the teachers blamed the Principal Pris- living around the school met cilla Muchiri of decline in performance 20 years ago and decided that at the school which previously posted they start a community hara- impressive results in national examina- mbee secondary school in the tions. area to enable their children While shouting anti-school slogans, access education as major- the parents lamented that despite paying for remedial fees of Kshs 1,500 per term ity of them were missing out per pupil as remedial fees, the pupils are on opportunities to join dis- not taught by teachers as required. trict, provincial and national The parents demanded an audit of schools,” says Mzee Rugoi. the sanitation block which was built last Rugoi recalls that the CDF year at a cost of over Kshs 1 million. The committee recently pledged toilets are no win bad shape and not con- to allocate Kshs5 million to ducive to their children. Some of the bright stuidents who graduated at one of the institutions universities. help build the school but the

The issue was to be discussed in a funds are not forthcoming. recent parents meeting which the princi- The residents now want pal snubbed despite the fact that parents had travelled from far to attend the meet- the area MP Fahim Twaha ing. The school with a population of 622 to come to the rescue of the pupils was therefore closed prematurely Mwingi elites to set up school and press for the re- before the end of the term over protests lease of the CDF funds to by parents. help develop the school for “We also gave Kshs 200 each which the benefit of children in the we were told was to serve as a token for fund for bright students area. both performing teachers and pupils but Meanwhile parents at has received a single penny from the By KAVYU KURA major obstacles towards the realization Kalonzo Musyoka as area ( Mwingi Mkunumbi secondary school management. That’s why we want an of better grades in national examina- north) MP flopped, said that politics have expressed their dismay audit of this school,” Claimed a fe- Elites and professionals from Kyuso tions. and illiterate BOG members were to male teacher who did not want to be District within Vice President Kalonzo The Kyuso District examination blame for the sorry state of affairs. at the substandard work done named. The teachers have also not been Musyoka’s Mwingi North constitu- officer Mr. Mung’eru Mwangangi re- Mr. Munuve whose sentiments in the building of the school paid their salaries since February and ency are to set up an education kitty to vealed that local secondary schools in were overwhelmingly supported said According to the chairman their arrears have accumulated to Kshs support bright students in the area. the district only managed to produce a that unless politicians kept politics of Mpeketoni leaders forum 127,000. The kitty is to support the edu- mere four candidates with the A- (Mi- out of schools and illiterate BOGs re- Mr Gathuka Mica Nganga, They accused the headmistress of cation of two top KCPE candidates nus) grade in the last Kenya Certificate placed, performance of local schools in the buildings of the school hiring private teachers for evening class- from the district, starting next year in of Secondary Examination (KCSE). National examinations was unlikely to have developed huge cracks es and pay them while the others within a move aimed at raising the education Mr. Mwangangi added that due to improve anytime soon. two years after the construc- the normal working hours are not paid. standards in the area which has not pro- poor performance in last year’s Ken- “The situation here is piteous as I tion work was completed. The school performance at the na- duced any top notch professionals like ya Certificate of Primary Education have had to sit in a BOG meeting with Nganga said CDF office tional level has dropped drastically as Doctors, Engineers and Lawyers in the (KCPE) examination only seven pu- illiterate persons who know nothing the best candidate had less than 400 past decade. pils from the area secured places in the about education and their main agenda in Lamu West donated Kshs2 marks last year while in the past the best The group met under the Chair- coveted National schools. there was to earn sitting allowances. million to do repairs to the candidates would have more than 430 manship of the area District Commis- A numbers of speakers who in- Such people cannot in anyway contrib- school classrooms, adminis- marks according to teachers. sioner, Mr. Peter Maina, and agreed to cluded Mwingi North Constituency ute towards improving standards”, said tration block and put up two The education officials who ad- push for the removal of illiterate and Development Fund (CDF) committee Mr. Munuve. more classes but the work dressed the parents later told them they Semi illiterate BOGs who they said chairman Eng. Job Mwangangi initial- Mr. Sammy Ikima said that the first was done below the required will chat the way forward very soon as were to blame for the falling academic ly blamed the worrying performance step the education authorities and the standard they will first hold a meeting with the standards in the area. by local schools to indiscipline among DC should take towards improving The parents are calling area District Education Officer Mr Wil- “Education authorities should act students and pupils and laxity among the ailing education sector in the dis- for an audit of the project to fred Gaichu. with speed and sack all illiterate BOG teachers as well as high poverty levels. trict was by forthwith replacing all the expose any cases of malprac- The DEO when contacted later ac- members as they added no value to the However, Mr. John Mati Munuve illiterate people in BOGs with profes- cused the teachers of inciting parents. development of education but were whose bid to unseat the Vice president sionals. tices The Link, May 2010 4 EDUCATION

ongratulations to the Secondary schools students who success- fully held the National School LeadersC Conference in Nairobi last Involve students in month. Indeed the conference was well organized and well attended with rep- resentation of students from second- ary schools all over the country. The students had the opportunity to freely Constitutional debate express themselves, share experiences and discuss a range of issues that affect All the Chapters and content of the children are provided with the necessary on their behalf”. If the children of Kenya them both in schools and in the society proposed constitution affect all the chil- information for their participation in the are to say yes to the proposed constitu- at large. dren in Kenya. It is amazing how the COMMENT constitutional debate. This will further tion, they can do so loudly but it’s the This was a good lesson for those adults’ population are not demonstrat- enable them to have the confidence in adults’ votes that will count. We must leaders who hardly allow school chil- ing readiness and willingness to create expressing views in the debate. ensure that the Kenyan child reads and dren to participate in decision making opportunities and space for children By DON BONYO The right to receive and impart in- understands the proposed constitution processes and I hope such leaders truly to engage in discussing the proposed formation is an important pre-requisite and influence the decisions the adults learnt a great lesson. The Support of the constitution. Could the Kenya Second- to realise participation of children. The would be making during the referen- Kenya Secondary Schools Heads As- ary Schools Heads Association (KS- child will gain an understanding of why Committee of Experts (CoE) should dum. sociation (KSSHA) to the students in SHA), Kenya Primary Schools Heads particular options are followed, or why therefore consider developing child We must also remember that the facilitating the process that enabled the Association (KPSHA), Kenya Union certain decisions are taken. friendly information in relation to all the school teachers are the most critical ac- students to meet in the national forum of Post Primary Teachers (KUPPET), Several provisions in the Conven- Chapters of the proposed constitution. A tors in providing guidance to children must also be appreciated; without the The Kenya National Union of Teachers tion on the Rights of the Child reflect lot of Civic Education materials in the as far as the discussion of the proposed enormous support from KSSHA, the (KNUT) and other stakeholders directly children’s right to participation. Partici- public domain seemingly are targeting constitution is concerned; but what is students’ conference would have not involved in children’s education lead by pation is one of the guiding principles the adult population; we have to delib- the capacity of the school teachers to un- been as successful as it was. example and provide evidence that they of the Convention, as well as one of its erately choose to develop child friendly derstand and interpret the provisions of This must have been a challenge are providing opportunity and space for basic challenges. Article 12 of the Con- civic education materials. every chapter of the proposed constitu- too to the Kenya Primary School Head children’s participation in constitutional vention on the Rights of the Child states Having taken into consideration tion? School communities and the adult teachers and we hope a national confer- debate? that children have the right to participate the views of the children while draft- population in many rural parts of the ence would be organized for primary Already some children in the coun- in decision-making processes that may ing the proposed constitution, we must country are equally relying on school school leaders too as and when appro- try are expressing their views on the pro- be relevant in their lives and to influ- continue to involve the children in the teachers as change agents who should priate. We must continue to open the posed constitution in their small groups; ence decisions taken in their regard. The entire process to its conclusion. The be in positions to help them understand democratic space to enhance participa- some are engaging their parents and principle affirms that children are full- Kenyan children are very much aware the provisions in the proposed constitu- tion of school children in all those proc- guardians back at home on their take on fledged persons who have the right to that Civic Education exercises have al- tion. esses that affect their lives. the content and implication of the pro- express their views in all matters affect- ready began in the country and they are We must interrogate our civic educa- We have to fully recognise children posed constitution in their lives. These ing them and requires that those views equally in need of the same information tion strategies at this point in time and as rights-holders who are not only enti- views must be respected. Respecting be heard and given due weight in accord- for their participation. The children are ensure proper targeting in terms of ma- tled to receive protection but also have children’s views means that such views ance with the child’s age and maturity. It aware that a referendum will be held and terials distribution and civic education the right to participate in all matters af- should not be ignored; it does not mean recognizes the potential of children to that their parents will be voting during forums. The teaching fraternity should fecting them, a right which can be con- that children’s opinions should be auto- enrich decision-making processes, to that period. They are further aware that be an isolated target group that could be sidered as the symbol for their recogni- matically endorsed. Expressing an opin- share perspectives and to participate as should the voting day be on a week day, used as an entry point to reaching out tion as rights holders. ion is not the same as taking a decision, citizens and actors of change. The prac- then all schools will be closed; teachers to the children and local communities. As the country currently engages in but it implies the ability to influence de- tical meaning of children’s right to par- and their parents and all other registered The media too have an essential role in the constitutional debate, it is important cisions. ticipation must therefore be considered voters will be making a very important promoting the views of the children on that we hear the voices of the school A process of dialogue and exchange in each and every matter concerning decision for this nation. The children the proposed constitution; Radio and children too. It is obvious that children needs to be encouraged in which chil- children while discussing the content of are eager to make decisions on the pro- TV stations should dedicate resources are persons below the age of 18; do not dren become active, tolerant and demo- the proposed constitution. posed constitution through their parents, to include children in the live debates have National Identity cards; do not cratic in the current debate on the pro- Children’s right to participation is guardians, relatives and even teachers, on the proposed constitution. We should have voters’ cards and hence will not posed constitution and the adults must closely linked to freedom of expression. but they can only do so if they read all support children’s participation in the vote during the referendum. But this provide direction and guidance to chil- It is also related to fulfilling the right through child friendly civic education constitutional debate. The time to incul- does not mean they should be ignored dren while considering their views in a to information, a key prerequisite for materials and engage in child focused cate a culture of constitutionalism in our while discussing the proposed constitu- manner consistent with the child’s age children’s participation to be relevant civic education debates and share their children is now. tion. and maturity. Through this process, the and meaningful. It is thus essential that views with adults who would then “vote [email protected] Commission to reign in errant colleges CHE is determined to ensure that the The universities seized the op- By JOSEPH MUKUBWA quality of education was not com- portunities to showcase their pro- The Commission for Higher Educa- promised. “The commission wants grammes and services to the students, tion (CHE) has established regional to ensure that universities uphold sponsors, parents and industry repre- and international networks to deal high academic standards and of- sentatives who visited the stands. with satellite colleges which have fer courses that meet the emerging The objectives of the exhibition not been accredited to offer univer- trends in the global market.” were to demonstrate the fundamental sity education. He urges institutions of higher contribution of universities towards Commission chairman Kihumbu learning to offer relevant courses that socio-economic development and Thairu said middle level colleges are tailored towards the job market. to provide a focal point of liaison exploit the fact that there were fewer Prof. Thairu also lauded the between the universities and higher institutions of higher education to Government for the commendable education agencies with the target provide substandard training. strides it has taken towards fostering publics. “Some of these colleges are ad- the growth of research in universi- The expo also provided an open mitting students who do not qualify ties saying that it is now incumbent forum for the interrogation of salient for admission in any institution of upon researchers to explore more ef- issues pertinent to higher education higher learning.” He says the situ- fective means of disseminating their and to demonstrate how universities ation requires urgent attention to research findings to end- users. address the challenges and opportu- avoid frustration among young peo- “In the past, heaps of research nities confronting them among oth- ple who return home with unaccept- findings have been known to gather ers. able qualifications. dust while the end users continue to Out of the 44 universities invited, “We need to pay special atten- wallow in ignorance and poverty. 34 participated making this year’s tion to issues relating to transna- The commission has channeled exhibition one of the most -well at- tional provision and especially those research funds from Government tended. More than 1,500 participants that provide education and training to researchers and engaged the user took part in the three day event. through e-learning. Some of these communities through seminars In addition to the universities, providers are exploiting the current where research findings have been there were higher education agen- situation of limited access to disseminated. cies, Higher Education Loans Board higher education by providing sub- The exhibition was initiated by (HELB), Joint Admissions Board standard higher education,” he la- the commission in an attempt to Mr William Ruto: Minster for Higher Education. (JAB) and the Tanzania Commission ments. provide a forum where Kenyans of Universities – (TCU) which was The chairman who spoke at the can have a preview on programme together public universities and con- universities to re-engineer them- taking part for the first time here in 8th exhibition by universities held in offered by different universities, ad- stituent colleges and private Char- selves and for them to offer pro- Kenya. Nyeri town urged universities to up- mission requirements and services tered, private universities. grammes that are relevant and in The exhibition also provided an hold high training standards. on offer in the universities and re- The theme of this year was ‘Fo- tandem with the new and emerging open forum for strategic engagement Prof. Everret Standa, who is the lated higher education agencies. cusing on quality and relevance’ trends of globalisation as they im- with stakeholders to deliberate on is- Secretary of the Commission, says The three day exhibition brought which underscores the need for the pact on the higher education sector. sues pertinent to higher education. The Link, May 2010 EDUCATION 5 Coast MPs should do more to help needy students

By BEKADZO TONDO with learning institutions to establish whether the students who had applied for bursary Needy students in Coast Prov- are in school and what can be ince have limited access to done to assist them urgently.” bursary funds. “We decided to do that so According to principals that we can be sure we are pay- of various public secondary ing money for students who schools interviewed by The are still in schools and col- Link, the number of students leges because sending money dropping out of school due to blindly could result in wastage lack of fees was very high. of public funds,” the MP said. They say that though there In the neighbouring Ganze were enormous resources chan- constituency, the District Ed- neled as bursaries through the ucation Officer, Mr Charles Ministry of Education, constit- Nyakundi, says lack of fees uencies and councils, the allo- for most bright students had cation of funds did not reflect become a big problem in the the needs on the ground. district. For example, Mr Raphael Nyakundi says that some Diwani, who is the principal of parents have been forced to Lutsangani Mixed Secondary take their children to youth School in Bahari constituency, training institutions as they says his school has about 30 have no money to support their bright students whose families secondary education. are living in extreme poverty And in Lamu West constitu- and therefore cannot be ex- ency, civic leaders complained pected to raise any meaningful of discrimination in the dis- amounts of money to sustain bursement of bursary funds to their children in school. the needy students. “I have personally visited The leaders led by coun- the homes of the poor students cilor Susan Gaitho, who is also to asses their situation and the chairlady of Maendeleo came to a conclusion that they Ya Wanawake Organization need assistance,” he told The (MYWO) Mpeketoni division Link. in Lamu district, observed that Mr Diwani says though Students do study very hard to achieve a better life but they do fail due to lack of school although parents apply for the some few students have been fees. bursary funds for their school getting assistance from the children most of them hardly bursary funds disbursed by home for lack of fees. bursaries, but we normally re- sary funds. get the money. either CDF or LATF, records He explained that bursary fer them to their area MPs and Speaking to The Link in Kil- However, the Lamu West show that needy students are funds disbursed through their councilors as funds are chan- ifi, Fondo said that some needy CDF treasurer, Mr Galgalo neglected. offices are not sufficient to ca- neled through their offices,” students have yet to get help, Bute, denied the allegations Bahari District Education ter for the needs of the bright says Keis. adding that their plight will saying funds were shared out Officer (DEO), Mr Dickson students from poor families. The area MP Benedict Fond, soon be resolved by awarding equally among the deserving Ole Keis, also confirmed that “Some parents have been however, blames the situation them bursaries. students. most needy students are at coming to my office asking for on delays in the release of bur- “ CDF committee is liaising Kiharu MP calls for Needy students from Busia get help increase of bursary fund By GILBERT OCHIENG tertiary institutions have been able to complete their education dreams. At least 793 needy students from since the Ministry of Education By MORRIS GITHENYA “She is now a Kenya Cer- has put in place effective meas- As the constituency took over Busia district have received a tificate of Secondary Education ures in order to ensure that all the administration of the bursary total of Kshs5.3million as bur- At least Kshs9 million has been candidate and has never gotten needy students have not dropped fund, district education offices sary from the Ministry of Edu- spent to support education of any funding. I will be left strug- cation during the 2007/2008 and out of school due to lack of school were left with little roles to play. needy students from Kiharu gling in clearing the fees,” said 2008/2009 financial years. fees. For example Murang’a East constituency in Murang’a. Ngunjiri. According to the data availed Majority of the needy students A total of 2,340 students have education office lacks any infor- He however called on the to The Link by the Busia district within Busia municipality who benefitted during the 2007/2008- mation of how the fund was be- government to carry out an audit education office recently, a total talked to The Link expressed their 2008/2009 financial years out of ing distributed leaving the man- on the beneficiaries of the fund- of 521 needy students received gratitude to the Ministry of Edu- 12,200 applicants. tle to politicians. ing in efforts to know who the Kshs3,055,000 in the year 2008. cation for allocating funds to sup- In the current financial year, Local education officer Kau- beneficiaries are. Of the amount,2 students re- port their education. Kiharu MP Muturi Mwangi says gi Micheni when sought for Many of the secondary ceived Kshs12,000 each, 329 However, the District Educa- some Kshs 8 million has been comments directed The Link to school heads interviewed said got Kshs8,000 each, 3 received tion Officer decried the high rate committed by constituency de- constituency offices for infor- there was need for additional Kshs6,000 each, 1 got Kshs5,000, of school drop out in the area es- velopment committee for bur- mation. funding as most beneficiaries 2 got Kshs4,000 each whereas pecially in Butula constituency sary and paying for examination “District education officers have no another other source of 184 students received Kshs2,000 where he said the school drop out fee for the needy. no longer sit in the bursary com- funding. each. rate and child abuse has reached “More than 10,000 students mittees and unlike in the past Wilson Kamunya of Ki- The data further showed that in alarming levels. in secondary, middle level col- where we would sign cheques, aguthu boys high school says the 2009, the Ministry of Education “The government will take leges and universities have ap- the mandate has been taken bursary fund came as a relief for disbursed a total of Kshs2,246,000 stern action on teachers caught plied for assistance in their edu- away,” said Kaugi. many students who could have as education bursary to a total of abusing their students especially cation” said the MP. Peter Ngunjiri says since dropped out of school for lack 272 needy students. the girl child,” the District Edu- Muturi however asked the 2006 when her daughter joined of fees. The Busia District Education cation Officer said,” adding that government to increase the secondary school, she has never “As teachers we call upon the Officer Mr John Owino said that majority of teachers have in the bursary allocation owing to the received any funding despite government to consider increas- the needy students from the dis- past been implicated in pregnancy high number of needy students making efforts to apply for as- ing allocation in order to benefit trict who are pursuing their edu- cases in their respective learning turning for help to pursue their sistance. more students,’ said Kamunya. cation in various secondary and institutions. The Link, May 2010 6 GOVERNANCE A tale of the two Mwingis Delays in disbursing Kanduyi and CDF By KAVYU KURA bursary funds queried Both the Mwingi North and South constituencies CDF kitties have not By AGGERY BUCHUNJU had any accruals and cash balances since the new directors were appoint- ed in 2008. The chairman of the Bungoma “We allocate all the monies to ap- South District University Stu- proved projects and we do not remain dents Association, Mr. Wafula with any cash in the CDF account at Wakoli, has accused the Kanduyi the end of our calendar year,” says the Constituency CDF committee of Mwingi south CDF manager Mr. Si- inconveniencing students by de- mon Maina. laying the release of bursaries. Mr. Maina says that even in cases Besides, the allocations were where some technical issues delay too méagre to meet the education the implementation of some funded expenses of the needy students, projects, the money for such projects remain in the projects accounts and Mr. Wakoli noted. He alleged cannot be returned to the treasury. that the lowest beneficiary was He says the CDF committee that is awarded Ksh.2,000 while the headed by the area Member of Parlia- highest beneficiary got Ksh.6, ment Mr. David Musila is so thorough 000. The situation has led to so that even the five percent of the total many school and college drop- allocation meant for emergencies is outs in the area, he claimed. equally allocated to needy projects And a provincial administra- leaving nothing unspent. tor, who declined to be named “The language of unspent money since he is not authorized to does not exist. I am sure at the end of the year, we will have spend the Kshs. comment on such issues, told 2.4 million which is the 5 percent ear- the Link that in his area of ju- marked in the emergency reserve,” risdiction only 19 students were says Mr. Maina during an interview awarded bursary. in his Mwingi town office. According to the Bungoma financial year. of schools, tertiary institutions, mary schools which have been In Mwingi North constituency, the South District Development “I have already prepared pay- Roads and bridges and the sports allocated Ksh.6.9 million. CDF treasurer Ms. Angeline Mbula Officer (DDO) Mr. Soransora ment vouchers and cheques will activities will be disbursed to the Another Kshs4.2 million will disclosed that there has not been David, the constituency has al- be dispatched to schools and col- beneficiaries immediately the is- go towards Secondary schools change of projects funding midway ready received its first tranche of leges any time from now” the sue of bursary is finalized. development while Tertiary in- until during the current 2009/2010 Kshs. 33.5 million and that dis- DDO told The Link in his office. Information at his office re- stitutions will receive Kshs.600, year when the Kshs0.5 funding to the Tseikuru airstrip was re-routed after bursement of bursary allocations He could not however, immedi- veals that a huge chunk of the 000. Roads and Bridges have the project was taken over by the cen- to needy students will be given ately tell the number of students allocation will go towards assist- been allocated Kshs.629, 000 tral government. priority by the CDFC. The con- who have been allocated bursary. ing needy students who will ben- while Sports activities will be She says the committee has stituency was allocated a total Mr. Soransora says that mon- efit from Kshs.9.9 million. Other funded to the tune of Ksh.677, been spending its five percent emer- of Kshs.66.7 million during this ey earmarked for development areas to be financed include Pri- 000. gency reserve on “genuinely emer- gency projects”. She says that of the 2008/2009 Ksh. 2 million emergency reserves, Ksh. 0.8 million was allocat- ed to Katuva primary school whose roof had been blown off by strong Kilifi Council suspends officer over graft winds. “Towards the end of that fiscal year and after it became clear that By BEKDAZO TONDO developer was clearing three plots three plots measuring 50 by 100 explains Jilani no other emergency required our at- belonging to the council for de- ft each. The clerk says he has written tention, we allocated the rest of the The Ministry of Local Govern- velopment. According the clerk one of the an official letter to the private de- money towards the constructions ment has suspended an employee “This prompted me and other plots has been set aside for the veloper at the center of the contro- of district headquarters of the then of Kilifi Town Council implicated officers to visit the site near Dia- construction of a nursery school versy and ordered him to stop any newly created Mumoni and Tseikuru in the sale of three plots belonging mond club along the Kilifi -Ma- while the other had been ear- development at the said plot as the districts,” adds Ms. Mbula. to the local authority. lindi highway and stop construc- marked for construction of a so- matter is being investigated. She further disclosed that of the The Town Clerk, Mr William tion work after which I sanctioned cial hall. Mr Jilani also says the council Kshs2.4 million 2009/2010 emergen- Jilani, told The Link that two oth- investigations to expose the cul- “Records at our disposal indi- has written to the Deputy Prime cy reserve, her committee had allo- er officers suspected to have col- prits behind the scam,” he adds. cate that the junior officer forged Minister and Minister for Local cated Kshs238,000 to Ngungani day luded with the officer to sell the The Clerk told The Link that some land documents in liaison Government Mr. Musalia Muda- seconday school whose roof had been plots are under investigation. all evidence pointed to officer, with unscrupulous individuals at vadi, to notify him of the action blown up by strong winds. Mr. Jilani says the suspension who, he says, allegedly used lands offices in Nairobi to transfer taken against the officer in ques- She pointed out that the balance followed revelations that a private forged documents to transfer the the plots to the private developer” tion and his accomplishes. would only by shared between abso- lutely needy and deserving projects after due consideration. By BEKADZO TONDO Ganze and Bahari constituency in Coast province are part of 17 constit- Coast CDF misused-report uencies in the country found to have allegedly misappropriated millions of In Ganze, the sitting MP Francis former MP dismisses the report and why officials of NTA did not conduct shillings from their CDF kitties. Baya absolved his team from claims accuses the area MP of sabotaging audits at the time they were in office. According to an audit report com- of misuse and maintained that the the completion of CDF projects initi- In Bahari constituency, a senior piled by the National Taxpayers As- funds in question were embezzled ated during his term. CDF official dismissed the NTA re- sociation, Ganze constituency was during the term of former MP Mr Kingi argues that Baya and his port as baseless and misleading to the unable to account for about Kshs50 Joseph Kingi. CDF committee have deliberately members of the public. million earmarked for development Baya who has for a long time failed to allocate funds to complete The administrator says although projects. complained that the former MP and the projects he initiated in fear that the that some agents of NTA went to the The audit report covering his CDF committee misappropriated move will score him political points. office and collected information, the 2007/2008 financial year also in- millions of CDF monies which were Kingi who is currently the chair- final report did not have accurate in- dicted Bahari constituency which it supposed to do various projects for man of Kenya Ferry Services says the formation. claims failed to account for Kshs10 the community, is now demanding audit report by National Taxpayers Leaders in Bahari however claim million. that those responsible for the loses Association was being used to under- that the funds in question were mis- However the report did not speci- should be taken to court and forced to mine the integrity of former politi- used during the parliamentary term fy whether the funds in question were repay the funds to support the com- cians and had no moral basis. of Mr Joe Khamis and challenged the misused by either former MPs or the munity development protects. He says the CDF kitty was initi- legislator come out and explain where incumbent officials. However Mr Kingi who is the ated many years ago and wondered the funds went to. Mr David Musila The Link, May 2010 GOVERNANCE 7 Kabando wants all needy children back to school

By Joseph Mukubwa school fees while others who excel has been posted in the area. in Form IV are unable to continue Meanwhile on the Economic Leaders in Mukurwe-ini district to join either university or any Stimulus Programme, Mukurwe- have embarked on a mission to other tertiary institution. We have ini district was promised about ensure that children who droped therefore established sub-location- Kshs 70 million. out of school for lack of fees are al committee which identifies the Out of this, Kshs 20 million returned to school. needy children and helps disburse was allocated for upgrading of Lead by area MP Kabando the funds,” said the manager. Thangathi dispensary to a modern wa Kabando, the residents re- On the other CDF bursary kitty Health Centre. The tendering exer- cently rescued three girls who had for needy children, about Kshs 3 cise has been done in order for the dropped out of school to become million was used last year and this work to start. housemaids due to lack of school year they are targeting to use Kshs Another Kshs 10 million was fees. 4 million out of the total Kshs 49 allocated to build Thara modern The young girls were sent off million for this year. market.The committee in charge is for employment by their parents “After disbursing the bursa- now waiting for the money to be because they could not afford to ry funds, the list is sent to local disbursed. educate them. One girl was traced chiefs and to churches and some Other funds have been used in to Mombasa City while the other pinned at the CDF office notice the upgrading of chosen schools two were found in Nairobi. board to ensure transparency in into centers of excellence. The three students were unable the disbursements. All the names They include Mukurwe-ini to continue with their secondary are also posted at the constituency Boys Secondary School, which education because they came from website,” Mr Kimunyi explained. received Kshs 20 million; South poor backgrounds and some had He says that cases of needy Tetu Girls that got Kshs 5 million no parents. children are many due to high and Kihuti The constituency Office Man- poverty level in the area though Day Secondary School, which ager, Mr Mimano Kimunyi, told parents are unable to bring them also received Kshs 5 million. The Link that they are currently out. Many school head teachers Others projects which benefit- helping 78 needy children from have also admitted that the cases ed include the Kshs 3.5 million for the kitty started by the MP and an- of needy children in secondary the Jua Kali project and Kshs 3.5 other kitty of CDF who are fully school are very many. million for fish ponds. About 85 being funded until they finish their Funds set aside for emergency fish ponds have so far been built schools. were used in agriculture to boost and only 15 are remaining. They Last year, the students used food production in the area, which are now waiting for the second Kshs 1.06 million as school fees. is semi arid. Others were used to tranche so that they can start the “Many of the children are un- build offices of the new DC who second phase of 100 fish ponds. Mr Kabando wa Kabando able to join Form I due to lack of

Kieni MP Mwingi leaders in row over choice of schools to upgrade suspends CDF By KAVYU KURA leaders that Kyuso gets Kshs15 million and Kimangau gets the treasurer A plan to elevate Kyuso Boys’ other Kshs15 million to ensure Secondary school in Mwingi gender parity. So we are going to By JOSEPH MUKUBWA North constituency into a Cen- have two centres of academic ex- tre of academic excellence in the cellence in Mwingi North,” adds constituency has been overturned the CDF treasurer. KIENI MP Nemesyus Warugongo by local leaders. However none of the selected has suspended with immediate ef- Leaders from the constituency schools have received the funds fect the treasurer of the local Con- that is represented by the Vice due to the logistics caused by the stituency Development Funds com- President Kalonzo Musyoka ar- sharing of the initial allocation mittee. gue that the allocation of Kshs 30 Kshs.30 million. Ms. Anastasia Wanjiru was million to Kyuso Boys’ Second- But even as it is widely be- asked to step aside after the MP, who ary Schools through the govern- lieved that the issue of gender is the Patron of the Kieni CDF com- ment initiated Economic Stimulus disparity had delayed the release mittee, over alleged misuse of Kshs Programmes (ESP) was unfair as of ESP centres of academic excel- 0.5 million. it did not take into account gender lence we also established that no The legislator wrote a letter to parity. money had also been released to the CDF National Management According to Ms. Angeline other earmarked economic stimu- Committee seeking permission to Mbula Muthui, who is the treas- lus projects in the area. suspend the treasurer after he dis- urer of the local CDF committee, The affected projects include; covered that some funds meant for the move has delayed the release the Kshs. 16.2 million Ngomeni certain projects have been allegely- of the Kshs.30 million from the Health Centre which has received diverted to other projects. treasury as local leaders insist that half funding, while the Ksh. 4.5 This is after the audit committee a girls’ school should also be con- million Kyuso Jua-Kali sheds and found unearthed the anomalies and sidered. the Tseikuru fresh produce mod- recommended that she steps aside to “When we met as leaders to ern market stalls to be put up at pave way for proper investigations. deliberate on the issue we felt that a cost of Kshs. 3 million had not “I also found that some vital files it was unfair and unacceptable received a single penny at the end were missing and so instead of these that Kyuso Boys’ was considered of march 2010. queries piling up, I suspended her for elevation to a centre of aca- The 20 primary schools in pending investigations. We are try- demic excellence while the local the constituency that were each VP Kalonzo who recently celebrated his 25 years in Parliament. ing to avoid more queries in future,” Kimangau Girls’ had not been expected to receive Ksh. 60,000 he says. considered,” says Ms. Muthui. for environmental (tree-planting) academic excellence. implementing committees that are The treasurer has since been re- She says that leaders are now projects through the economic However, in early April, the unhappy with their “ Top up ap- placed by Mrs Jane Warukira demanding that Kimangau sec- stimulus programme are yet to re- model Ukasi health centre that proach of the programmes as op- The legislator while speaking on ondary school be considered for ceive any money. was expected to be funded to the posed to the more palatable bot- phone maintained that he will deal elevation since it has been per- In Mr. David Musila’s Mwingi tune of Kshs16.2 million had re- tom up approach.” firmly with those who attempt to forming better than Kyuso boys’ South constituency the 20 local ceived Kshs8.2 million while the “The implementers in the misuse public funds. in Kenya Certificate of Secondary primary schools in the environ- Migwani modern Jua-kali sheds grassroots are being confronted However, when contacted on Educations (KCSE), and want the mental tree planting programme had received a total funding of with budgets and designs of phone, Wanjiru insisted that she amount allocated through the ESP are also yet to receive funding as Kshs2.5million. projects, which they are not al- is still the treasurer and has been package shared equally among is the Kshs30 million Migwani Although the government initi- lowed to change and it is like spending most of the time in the of- “the two giant schools.” boys’ secondary school that was ated ESP is welcome, it has elic- cramming the projects down their fice. “It was agreed among local picked for funding as the centre of ited grumbling among the local throats,” said Ms. Mbula Muthui The Link, May 2010 8 EDITORIAL The

LinkEnhancing governance for all Gains in the proposed Constitution of Kenya s the focus shifts to the Proposed Constitution of Kenya, The Link is pleased to bring to your Aattention 15 key gains we will make as a people if we pass the new constitution. To make them become a reality, you need to register now as voter, read the con- stitution and vote during the referendum to reform the country. 1. Express provision asserting the sovereignty of the peo- ple of Kenya and supremacy of the constitution(Article1) COMMENTARY 2. Provision of National Values and principles of gov- ernance (Article 10) 3. Clear provisions regarding citizenship as well as pro- vision on dual citizenship (Chapter 3) 4. Guaranteeing of political rights-particularly Free- An open letter to the Catholic Priests dom of Expression, Freedom of the Media and access to My Lord Bishops, national affairs. Are you willing to push the information (Articles 34-35) I am a Catholic but I do not agree with the country into the abyss of chaos and death 5. Clear provisions for socio-economic rights par- “NO” position you take concerning the new CONSTITUTION because of abortion and Kadhi courts is- ticularly the rights to health, housing, social security, Constitution along with your counterparts sues? Or is it that you do not care what hap- among others (Article 43) at the NCCK on account of the two issues pens to this country? 6. Clear separation of powers between the executive of abortion and the Kadhi courts. I have two By MWAMBI MWASARU The real point why your stand is phari- main reasons why I disagree with you. saic is this: You have failed to interpret the and the legislature(Chapters 8,9) Gospel of Jesus Christ within the context 7. Clear provisions regarding leadership and integrity Your position is anti-people and reality in which we live. I am sure, you, of our history and social reality and in- to ensure quality and accountable leadership (Chapter The substance of abortion clause is in the like all Kenyans, know that our country stead you have protected orthodoxy and current penal code, Section 26 (4) of the the status quo. Your position puts you in 6) Laws of Kenya. Similarly, the Kadhi courts was at the brink of total collapse and break 8. The right to recall non-performing MPs (Article 104) down of law and order as a result of post the same situation as the Pharisees who are in the current Constitution. Therefore, election violence. That threat is still hang- brought a woman suspected of adultery and 9. The right of Kenyans to petition parliament to enact, your “NO” position to the new Constitu- ing on our heads like the Sword of Damo- demanded her stoning to death in line with amend or repeal any legislation including constitutional tion Document is a actually a rejection of cles. Our hope to escape catastrophe lies in the Jewish law. When Jesus confronted amendments (Article 119) change that Kenyans have been fighting for closing the chapter of historical injustices them with the truth (whatever he wrote on in the last twenty years with sweat, blood the ground!) and challenged them: “Let him 10. Enhancement of representation of women and per- and death. Yours is not a stand to oppose and miss-governance and opening a new sons with disabilities (Articles 97,98) era of struggle to deal with the legacy of our who is without sin among you be the first to abortion or Kadhi courts because, if the Bill past as we strive to build a new society in throw a stone at her” (John 8:7). They left 11. Requirement that Cabinet ministers shall not be on the new Constitution was to be defeated a new framework of accountable govern- one by one. That is why I say your “NO” members of parliament (Article 152) (God forbid!) in a referendum, you will re- ance, equitable distribution of national re- position to the new Constitution is phari- 12. Reduction of the size of cabinet to between 14-22 tain the status quo with the same position sources and equal opportunities for all Ken- saic. It purports to protect morality as per regarding abortion and Kadhi courts. That the law while losing sight of the essence (Article 152) is why I say your stand is anti-people. It is yans. The bridge to this new era is the new 13. Requirement that the senate shall have legislative constitutional dispensation. A “NO” vote in and reason of the law! Interests of religious a stand that seeks to nullify the efforts of the referendum to maintain the status quo organizations and outfits have blinded you powers and powers to check the executive which shall Kenyan people struggling for a new con- is a recipe for civil war. You have, like all to see the “kairos” , the ‘moment of truth’ allow it to effectively undertake its functions (Articles stitutional order and an opportunity to build of us, heard of people highly connected in and opportunity to take strategic decisions 96-2 and 145 etc) a new society from the ashes of colonial government structures stealing guns from and provide prophetic leadership. Are you legacy and post independence dictatorship. ready to sacrifice the liberating Gospel of 14. Provisions for a commission on revenue allocation However, there is another reason why I government armories and directing them to ensure that resources are shared equitably in Kenya to destinations un-known to the public. Is Jesus Christ at the altar of socio-economic think your stand is anti-people. Your ‘NO” it not an open secret that, if 2012 elections and political interest of religious organiza- (Article 216) stand brings you into an alliance (un-holy were to be held within the current status tions and political elite benefiting from the 15. Provisions for the formation of National Land Com- alliance!) with the Kenyan political elite quo, the post election violence we saw in current status quo? How different are you mission to manage land affairs (Article 67) and big land owners also taking a “NO” from the Pharisees? stand to the new Constitution. The political 2007 and early 2008 would be child play? It is our considered opinion that for the common elite in question are taking a “NO” stand in The violence we witnessed was not only Messages good, Kenyans should get a new constitution. The so – because of flowed elections but more cor- order to protect their ill-gotten wealth from rectly because of historical injustices em- To you, my lordships, I say this: read the called contentious issues like land, devolution, abortion the looting of public resources system- bedded in our socio-economic structures signs of the time, discern the truth, and the and Kadhis Courts are minor issues. They cannot be atically conducted by post independence and perpetrated by miss-management of truth will set you free (John 8:32). isolated and voted on directly because that would open regimes especially those of Kenyatta and To you, members of the clergy who dis- Moi. Similarly, the big land owners through public resources and miss-governance of sent from the position taken by your lead- up the proverbial Pandora’s Box and make us squander their powerful lobby, the Kenya Land Own- ers: stand up and be counted! Provide the the chance to promulgate a new constitution the major- ers Association, are settlers’ descendants prophetic leadership that the leaders have ity of Kenyans want. protecting their heritage from the former failed to do. White Highlands. While these categories of To you, my compatriots who happen to people have good reasons to want to keep be Christians like me, refuse to be drawn the status quo, what are your interests in into religious animosity with other Ken- striving to keep the status quo? Is it because yans who are non Christians – especially some of you and your religious outfits are our Muslim sisters and brothers, register in The Link is published beneficiaries of the rape of our country by big numbers to vote YES to the new Consti- monthly by the Institute especially the post independence regimes? tution during the referendum. After all, the alliance between religious To you, my fellow Kenyans who do not for Civic Affairs and aristocracy and corrupt political elite is a profess Christianity, expose the real rea- common pattern in the history of many sons and interests of those taking a “NO” Development (ICAD) countries. Our country is not an exception! position and using propaganda based on Are you not aware of church beneficiaries smokescreens like tribalism, regionalism or of the Mau Forest destruction and other cas- religious piety. Vote YES to the new Con- es of massive looting of public resources? stitution in big numbers in order to save our P.O. Box 7438, 00200 Nairobi. country from the looming disaster. Tel: 020 601776 / 020 601274 Your position is pharisaic Your narrow moralistic stand especially in --Mwasaru is a former CEO of the Kenya Email: [email protected] respect to the issue of abortion is taken in a Human Rights Commission. vacuum, outside the context of our history Cardinal John Njue The Link, May 2010 GOVERNANCE 9

after their completion. It would be The welcome if Mr. Musyoka rules that only experts would be awarded jobs Link in his constituency. Enhancing governance for all Food for thought Mr. Musyoka is celebrating with his loyal and fanatical followers who EDITOR have over the years known nothing DANIEL OTUNGE but perennial famine and food scarcity due to errant rainfall. Would the VP SUB-EDITOR spring up a viable strategy to end the FAITH MUIRURI for VP Kalonzo vicious circle of poverty among his On Saturday, April 10, 2010, all roads And since it is obvious that Mr. constituents by tapping the River Tana ASSOCIATE EDITOR led to the Mwingi Town play-grounds Musyoka has had a hand in the ap- waters for irrigation? OLOO JANAK where international and local digni- COMMENT pointments or had been consulted, it is It is common knowledge that Mr. taries as well as the area populace time he ensured that illiterate School Musyoka besides being the country’s trooped in big numbers to join Vice Board of Governors (BOG) members Vice president has a number of reli- WRITERS President Kalonzo Musyoka as he cel- By KAVYU KURA were not appointed to manage schools able international friends. Would it be ANDERSON MURENJE Coast ebrated silver Jubilee as the Mwingi in a move to turn round the falling too bad to ask a friend to assist your 0727 582135 North Member of Parliament. education standards in the area. electorate arrest and harness rain wa- The celebration was well deserved have electricity. He therefore had rea- In the same vein it would also be ter and use it to grow crops and be BOB OMBATI Nyanza considering that Mr. Musyoka is one son not only to celebrate the provision prudent for Mr. Musyoka to reject food sufficient? 0728 435255 of the longest serving MPs joining the of power supply to Mwingi town but the appointment of illiterates or semi- Hunger and overreliance on relief league of the likes of President Mwai other remote rural town centres. illiterates to District Education Boards food (Mwolyo) has bred widespread NYAKWAR ODAWO Western Kibaki in serving long uninterrupted Under the VPs stewardship, a (DEBs)in his area of jurisdiction to poverty among Mr. Musyoka’s con- 0726264153 terms as MPs. President Kibaki was number of health facilities in his con- help improve standards. The Kyuso stituent’s leading to underdevelop- himself the Chief guest at his deputy’s stituency have been upgraded while DEB has two or three individuals who ments. Should anything be done about MORRIS GITHENYA Central 25 years celebrations. new ones have been set up to ensure could pass as semi-illiterates! the food scarcity issue then, the other 0735855586 Mr. Musyoka was for the first time that medical services and attention is Even as Mr. Musyoka deals with problems will sort out themselves in elected as the then Kitui North Con- accessible to all and sundry. the illiterates and Semi illiterates in due course. JONES MAGARE Nyanza stituency MP in the 1985 by-elections Some of the notable upgraded the BOGs and DEBs it is also impor- The VP should also know that as 0721127511 following the brutal murder of the medical facilities include the Kyuso tant to bring to the his attention that he celebrate 25 years as the Mwingi area MP, Mr. Philip Mutisya Manan- and Tseikuru sub district hospitals there has also been disquiet over the North the area does not have even a BILL ESSAU Western du, by an administration police officer and the Ngomeni Health Centre. As appointment of people of similar ca- single government tertiary or mid- 0721761408 at a pub at the Tseikuru trading Centre. he celebrates the achievements he has liber to his Mwingi North Constitu- dle level college to equip those of his Ever since Mr. Musyoka has been realized in health care provision, Mr. ency Development Fund (CDF)com- constituents who fail to qualify for BEKADZO TONDO Coast re-elected as the area MP in subse- Musyoka should take a check on their mittee. university admission with appropriate 0728341240 quent elections even after his area of staffing as most are manned by very It is even causing rubbles within professional skill and training in vari- representation was split to give birth few staff and in some worse situation the CDF committee itself that he sin- ous fields. NEVINS BIKO Rift Valley to his current Mwingi North and unqualified staff. gle-handled hired a far less qualified It is one of the strongest feeling 0723932857 Mwingi South constituencies. The Yes, as the VP lavished in the big person to monitor and evaluate CDF among the people of Mwingi North south is currently represented by, Mr. party to jubilee his achievement over projects at that expense of qualified that having been in politics and in JOSEPH MUKUBWA Central David Musila, the Assistant Minister the uninterrupted two and half decades professionals from his constituents. good books of successive govern- 0724 039787 for Defense. he has been MP, there was increased He pre-empted a possible public ad- ments for over 25 years Mr. Musyoka As Mr. Musyoka went back to his feeling among many constituents that vertisement of the Job. should have not only initiated the es- LUKE KAPCHANGA Western rural roots to celebrate there was no there were areas he needed to address Still on the CDF, Mr. Musyoka tablishment of middle level colleges 0723622136 doubt that, he knew very well that his in order to improve his rating. should know that his constituents are but also a number of Public Univer- years as the area member of parlia- It is important to recognize the ef- still waiting for the time he will crack sities constituents colleges like else- AGGREY BUCHUNJU Western ment have not been in vain. forts the Mr. Musyoka has put in place the whip on wayward CDF commit- where. 0733 537002 For those who are in the know to ensure improved school enrolment tee members whom time and again If Mr. Musyoka was to wash him- when Mr. Musyoka became an MP for local children in both the primary he has publicly accused of being less self of the ominous tag he has been OJWANG OGOCH Nyanza for the first time in 1985, he inherited and Secondary school sectors, but the transparent in the management of the branded by his local political nemesis 0734 971205 a constituency that was occasionally National examination results for local CDF kitty. of being “anti the educated”, he should raided by then so called Shifta cattle schools paints a very grim picture. Most of his CDF members are as a matter of urgency use his political SAMUEL OTIENO Nyanza rustlers, especially in the peripheral During last Easter holiday lunch- briefcase contractors and have and are muscle to ensure the establishments of 0723 757112 areas of Tseikuru, Masyingwa, Ukasi eon attended by professionals from his doing jobs awarded to them by CDF such institutions to academically em- and Ngomeni. Mwingi North constituency at Kyuso, projects running committees. Talk of power his people. PETER MUTUKU Eastern After his taking over a number of concerns were raised that over the vested interest. What does the law say In conclusions, Mr. Musyoka has 0721 455048 General Services Units and admin- last decade the area has not produced about this Mr. Vice President? on a number occasions publicly and in istration police outposts were set up top notch professionals like Law- It is also worthwhile mention here a demeaning manner described him- in the affected areas. Since then, in- yers, Doctors and Engineers as local that contractor who have been win- self as the only Vice president in in- cidents of banditry have not been as schools generally produced failures in ning jobs in the building and con- dependent Kenya who rides home on LAYOUT AND DESIGN: frequent and if any attacks take place, national examinations. struction sector do not have the Skills an impassable dusty all weather road. they are often in isolated cases of ordi- The revelation was made follow- and knowhow to do jobs to stipulated It is the naked truth that that is the WALTON GRAPHICS nary crime like robbery, theft of live- ing disclosure by the Kyuso district standards. state of the road that leads to the Vice 0725 903 938 stock and assault. examination officer Mr. Mung’eru Many are of course brief case con- President’s Tseikuru village home Mr. Musyoka had every reason to Mwangangi that out of the 357 last tractors who do not have personnel nearly 90 kilomiteres from Mwingi celebrate his bringing to an end the year’s Kenya certificate of Secondary and sub-contract jobs to skilled gov- town off the tarmacked Nairobi- shifta rustlers and bandits menace. Education candidates from Kyuso, ernment officers leading to compro- Mwingi-Garissa highway. But since Again it is during his 25 years of only around 130 scored the C+ and mise in quality of work. Little wonder Mr. Musyoka became MP, no tangible service as the area MP that the multi- above grade to qualify for university then that some projects collapse soon efforts have been made to tarmac this million Kyambere-Mwingi water sup- admission. road. ply pipeline was laid. Now hundreds As he gave the results’ Being the country’s VP, the gov- of his constituents living along the breakdown, Mr. Mwangangi ernment might have found it appro- pipeline enjoy clean water for drink- pointed out that the same priate to lessen the pain of travelling This Newspaper appreciates ing and domestic use. epitomized the performance through the dilapidated piece of road the facilitation accorded by As he celebrated the provision of of most of the schools in the to his home and provided him with the Konrad Adenauer Stiftung clean water even to the cosmopolitan Mwingi North constituency the services of a chopper. He always (KAS) in Kenya Mwingi town, it should not be forgot- as even in the Kenya Cer- rides home to visit his constituents in ten that he was instrumental in the tificate of Primary education a hired chopper. creation of the Mwingi district in 1993 only 7 candidates from Kyu- But the fact that Mr. Musyoka that has since been split to other new so qualified for coveted ad- flies home avoiding the horrors of the All correspondence and districts of Kyuso, Tseikuru ,mumoni, mission to national schools. Mwingi-Kyuso-Tseikuru road that has enquiries to the editor, Mwingi central, Mwingi East and Following the brain- been christened “car killer” by other Mwingi west. storming session that fol- vehicle owners does not expunge the P.O. Box 7438, 00200, In his words, Mr. Musyoka has lowed under the chairman- problem. The ordinary residents who Nairobi, Kenya Tel: 020 time and again insisted that Mwingi ship of the Kyuso DC Mr. hoped that the road would be tarma- town was a village markets until it Peter Maina it was unani- cked with their son becoming the VP 601274 attained the status of a district head- mously agreed that politics are eagerly awaiting that to happen. Telefax: 020 601776 quarters making it a hub of economic and the appointment of il- It was thus overt that even as Mr. activities with a maize-flour milling literate and semi illiterate Musyoka celebrated his silver Jubi- E-mail: plant and other micro industries. school Board of manage- lee years as MP, he has a lot of un- Prior to his election as the MP, ment members had a strong finished business that his constituents [email protected] the constituency was a semblance of bearing to the poor academic expect him to honourably accomplish. a rural village market which did not showing. Mr Kalonzo Musyoka, VP Merry Silver Jubilee Mr. Musyoka! The Link, May 2010 10 GOVERNANCE

KIE launches Millions out of school due to economic crisis new media The global economic down In the same span, in India, growth, poverty reduction and turn characterized by financial the number of children not in progress in health and other crisis pose a real threat to the COMMENT school fell by almost 15 mil- areas. channels growth of education in the 21st lion in just two years from The report subsequently century. By PETER MUTUKU 2001 to 2003. identifies Sub Saharan Africa By PETER MUTUKU According to the 2010 Edu- Consequently the report as an area for priority action. cation For All (EFA) Global also acknowledges that the “With fiscal deficits - ris Kenyan Primary, Secondary and Ter- monitoring report released over the past decade, a striking ever lopsided gender gap has ing across the region, educa- tiary institutions students will now early this year by United Na- contrast with the lost decade of narrowed. tion spending plans could face be able to access educational pro- tions Educational, Scientific 1990s. Further the report says that painful adjustments. Educa- grammes right from the comfort of tion system across the regions their homes. and Cultural Organization The report says that since within a space of one primary This follows the launch of a (UNESCO), millions of chil- 1999, the number of children school Senegal has moved could be deprived of around twenty four hour television and radio dren in the world’s poorest not attending school has fall- from 85 girls for every 100 US$4.6 billion per year in channels to supplement classroom countries are likely to be de- en by 33 million as more and boys to an equal number of public spending and 2010 as a teaching in Kenya. prived of education. more children are completing girls and boys. direct result of the crisis,” says The programmes will be relayed The report points out that a fill cycle of primary -educa It says that number such as the report. from the Schools Technology Inno- already 72 million children tion. these dispel the myth that poor The report further urges vative Center (TIC) which will be rich countries to scale up con- based at the Kenya Institute of Edu- are out of school and therefore For instance, in Sub- Sa- countries are unable to achieve cation (KIE). with the slump in economic haran Africa there has been a rapid progress in education but cessional aid required to avoid The move is a collaborative ef- growth coupled with rising significant increase in enrol- warns that many countries are damaging budget adjustments fort between the government and poverty levels and budget in the poorest countries. development partners, key among pressure could erode the gains The Global Monitoring them, the computer software manu- made in the past decade. “While rich countries nurture their report warns that most coun- facturer Microsoft East Africa which “While rich countries nur- ties may be locked out since has been designed to integrate Infor- economic recovery, many poor the date set for a attaining the mation Communication Technolo- ture their economic recovery, gies (ICTs) in schools learning pro- many poor countries face the countries face the imminent prospect Millennium Development grammes to enhance productivity. imminent prospect of edu- Goals (MDGs) is barely five The educational programmes to cation reversals. We cannot of education reversals. We cannot years now. be relayed also have impact on ex- afford to create a lost gen- The report is concerned pansion of learning opportunities to eration of children who have afford to create a lost generation of that among the global indi- assist the government address the been deprived of their chance cators highlighted on current high rates of enrolments in both Pri- children who have been deprived of trends, 56 million Primary mary and Secondary schools follow- for an education that might ing the introduction of free primary lift them out of poverty,” said school age children will still education as well as free tuition in UNESCO Director General their chance for an education that be out of school by 2015. secondary schools. Irina Bokova. Similarly the Unesco re- During the launch KIE was The Global monitoring might lift them out of poverty.” port is concerned that an- equipped with a digital educational report developed annually other 71 million adolescents channel as well as a radio channel. by an independent team and ment at fives times the rate likely to fall far short of the tar- are currently not in school President Mwai Kibaki who and gender disparities re- spoke during the launch revealed published by UNESCO, as- achieved in the 1990’s, with gets adopted by governments that about 240 learning institutions in sesses global progress towards countries such as Benin and in 2000 due to their failure to main deeply engrained with various parts had already been iden- achieving the six Education Mozambique registering rapid address inequalities and of do- 28 countries across the devel- tified for computer based learning. for All goals to which over 160 advances. nors to deliver on pledges. oping worlds having nine or The President says more time countries committed them- Moreover, in South and Similarly the report says fewer girls in Primary schools will be allocated to programmes that selves in 2000. West Asia, the number of chil- that setbacks in education will for every ten boys. “Girls still lay emphasis on science subjects, The 2010 report titled dren out of school has since have wider consequences and account for 54 percent of the mathematics, chemistry and biology children out of school and girls which have been registering poor Reaching the Marginalized been more than halved, partly still points out that lost op- performances in national examina- however outlines some spec- through policies aimed at get- portunities for education will in primary schools are far less tions. tacular advances in education ting more girls into school. act as a brake on economic than boys,” notes the report

By BEKADZO TONDO The decision by leaders in Ganze constituency to build a Boundary dispute threatens peace school in a disputed land with Bahari constituency is creating tension in the area. in Bahari, Ganze constituencies And observers say that if the dispute is not resolved amica- of Ganze and he was willing to land. the disputed secondary school ble, it is likely to reignite clash- mobilize his constituents to en- They questioned the motive to go on. The area PC Ernest es witnessed in the area two sure that the land reverts back behind the construction of a Munyi blames leaders from decades ago, when one person to them. school in Bahari when Ganze both constituencies for failing was shot dead and scores in- However, leaders in Bahari was faced with an acute short- to consult each other before the jured. led by their area MP Benedict age of secondary schools. start of the project. Already tension is building Fondo have vowed to stand The Chonyi’s say, the move The administrator says since up as leaders in both constitu- firm and oppose any bid to in- bordered on incitement and the school was meant to benefit encies claim ownership of a terfere with existing boundary warned of possible conflict if children from both communi- piece of land in Ngamani area. alignments. the decision was not reversed. ties, there was no harm in al- Leaders in Ganze have gone “Both political and adminis- But Kauma ward councilor, lowing the project to continue ahead and allocated funds to trative boundaries between the Mr. Josphat Bahati, has vowed but cautioned leaders to de- oversee the construction of a two constituencies are clear and to mobilize his people to resist velop a culture of consulting secondary school in the dis- therefore we will not sit back attempts to block the construc- each other before they ven- puted piece of land. They argue and watch as people driven by tion of the secondary school. tured into a long term devel- that the land in question legally ulterior motives advance their Records show that one per- opment project. The adminis- belonged to the constituency agenda in my constituency,” son was shot dead when the two trator spoke as Bahari District adds the MP. groups clashed over the same Education Officer, Mr Dickson and therefore they have every Mr Ligale: Boundary chairman right to develop the area. Recently members of Cho- boundary dispute in 1985. Ole Keis, revealed that the land According to the area MP nyi community in Bahari con- is being built and stopped the The provincial administra- on which the CDF School was Francis Baya, the land in con- stituency moved to the site construction arguing that the tion has since intervened and built fell under Chonyi zone in tention was illegally curved out where the secondary school school was being built on their ordered that construction of Bahari constituency. The Link, May 2010 CITIZENS’ WATCH 11 @

Now Truth Counterfeit Commission People should be educated goods hurting should be economy on dangers of illegal brews THE government and local manu- disbanded facturers are losing billions of shil- CONSUMPTION of illicit alcohol is lings in ternms of tax due to the affecting our society negatively, eco- manufacture and sale of counterfeit THE argument that Kenyans need goods. to think outside the disgraced nomic productivity and the matrimo- nial fabric being the worst hit. This is real bad news to our Truth Commission box comes at economy, which is already grappling a time when we have to reflect on Some members of society have suggested that chang’aa be legalised. with mega corruption scandals. what we are looking for through In this country, there is a law genuine, impartial, independent Legalising it may not be the ultimate which makes it illegal to manufac- and credible Truth, Justice and solution since this will mena im- ture and sell copyrighted products, Reconciliation Commission. proved quality and, therefore, higher but I think this law is just on paper Access to justice is key to the prices. because it is not seen to be imple- progression of human rights. The This means poor Kenyans will mented. key question asked by victims still have to seek their high else- Why do we enact laws which are and survivors of injustice is: Can where. We cannot rule out brewing, flawed and never observed? justice be accessed through those packaging and drinking of counter- Counterfeiting has become a assumed or perceived to have feit, chang’aa. Certain beer brands threat that can no longer be ignored been involved, implicated, linked were brewed targeting the low in- or allowed due to the adverse effects and associated with human rights come earners and were supposed to on the local economy. violations,and at whose expense? help eliminate the partaking of the Having a large variety of goods The formation of what is be- illicit brews, but have not been en- on the market is not a problem, but ing called people’s tribunals or tirely successful. the producers should be members of people’s truth commissions by Society needs to be educated the Kenya Association of Manufac- intensively about the dangers of turers. civil society organisations moves The anti-counterfeit agency, the debate to when shall the Gov- alcohol-taking in general and illicit Chang’aa den: Illegal alcohol is affecting societies negatively. brews in particular. We need cam- which falls under the Ministry of ernment answer hard questions of Industrialisation, was formed to her- accountability, restore people’s paigns like those of the early 1980s that pushed for family planning. you have removed all imposibilities, vestigate these deaths. ald a new chapter in the fight against confidence and hold duty bearers whatever remains, however improb- The chemistry of brewing of substandard products by arresting accountable for their sins of com- It is amazing how the Kenyan po- those involved in the manufacture lice act late. In many criminal cases, able, must be the truth. Why is it that chang’aa is not simple. This is why mission or ommissions? a day after our lawmakers debated a it is quite questionable if a glass of and sale of pirated goods. Civil society has documented the police never take action until a However, this agency has not life is lost. The chang’aa incident in Bill legalising traditional brew, peo- the stuff can retail for Shs10 and still and put forth strong cases of hu- ple died from them? allow the brewer to make any profit. lived up to our expectations. Coun- man rights violations from the Shauri Moyo had many lives lost. It terfeits have flooded the commod- is shocking the police turned up two Is this by coincidence or by de- This implies that the revellers colonial era to date. Notable ex- sign? Is there someone or an entity may be imbibing concoctions of ity market at an alarming rate. This amples have been the filing of the days later to ambush chang’aa drink- causes one to wonder what kind of ers after keeping silent for so long that might lose out when the Bill is chemicals well treated to smell like investigations the agency carries Mau Mau case in London, going passed? Could someone have laced their favourite drink. The govern- to court over land matters and yet they knew. out. Any policeman will tell you that these drinks to use poole people ment must not only legalise chang’aa Counterfeits on sale range from questioning the appointments of drinking their troubles away in a but alsosubsidise it. some persons to critical commis- there is nothing like coincidence. As electronics, clothes and alcoholic Conan Doyle wrote as his famous deadly chess game? Concerned Kenyans drinks to foodstuffs. This hurts li- sions such as TJRC. The police should thoroughly in- via e-mail. But the State’s response has character Sherlock Holmes, when censed manufaturers as their genu- been rather wanting, thus breed- ine products lose their market share. ing a culture of impunity and cor- A five-year jail term and cash penalty have not deterred the coun- ruption. In all our endeavours, terfeiters. justice must be seen to be done In fact, this problem has even by those in authority. This is why been worsened through the impor- Governments are voted in and tation of substandard products of others out, depending on what Asian origin, especially medicines, people are pursuing as political, putting the health and lives of Ken- social, economic and cultural jus- yans at stake. tice. Concerned Kenyan, TJRC as formed and composed via e-mail does not reflect any seriousness in the search for justice from the Government’s side. People know what the truth is and do not want to be taken for a ride by persons perceived to be out to cleanse the names of their masters. What TJRC is doing is turn- ing the justice people are crying * for into a mirage. The formation The editor welcomes of a tribunal to probe Ambassador letters and comments on Bethuel Kiplagat’s suitability fol- a variety of issues. lowing allegations into matters re- The letters should be brief, lated to the death of Robert Ouko, land acquisition in Lavington and topical and issue based. Kileleshwa and the Wagalla Mas- The editor reserves the sacre is meant to tire the public. right to edit for brevity We out to have learnt from or clarity. history that rarely are people’s efforts, including truth telling, legally binding to the State. They Write to: remain hearsay if they are not The Editor, recorded in Government records The Link, and rarely are they taken seriously to warrant police investigation. P.O. Box 7438 – 00200, Stephen Musau, Nairobi. via e-mail E-mail: [email protected] 12 The Link, May 2010 GOVERNANCE Residents’ IDPs in Western Province demand resettlement forum launches By LUKE KAPCHANGA strategic plan

Thousands of Internally Dis- By BEKADZO TONDO placed Persons (IDPs), in the Upper Western province are in a The newly inaugurated Kilifi Resi- dilemma after they missed out on dents Forum has launched a five-year government’s resettlement pack- strategic work plan 2010-2014. age of Kshs.25,000. According to forum administrative This follows revelations by officer Mr Kashero Chinyaka, the plan Western Kenya Human Rights aims at giving the residents a clear Watch which claims that about guideline on how to initiate develop- Kshs.150million meant for vic- ment projects in the area. tims of post election violence Chinyaka says the forum will seek disappeared during the one to educate members of the public on month exercise after their names their rights in different fields and unite were deleted from the register. them with different devolved units According to the lobby group such as the Kilifi town council to help executive director, Job Bwonya, make sure that projects initiated work between February 20 and Match in tandem to realize the set develop- 18, 2010 they carried out an in- ment goals. vestigation which established “The strategic plan spells out that 6,000 poll victims who ben- medium term measures to be imple- efitted from the first allocation, mented to complement government’s missed out on the second pay- efforts geared towards the realization ments. of Vision 2030,” adds Chinyaka “Most of the victims we in- Chinyaka says most successful terviewed accused the provincial development work plans are premised administrators for deleting their on existing frameworks to help realize names from the list and pocket- meaningful results. ing the money,” Bwonya adds. An IDP camp in western Kenya. He spoke during a sensitization He points out that his or- workshop to facilitate the formula- ganization managed to contact tion of the Strategic Plan. The forum politicians from the region may prits since poll victims are suf- missioner Kassim Farah, on his 302 affected victims, who had will focus on four major issues namely have collaborated with Dis- fering more. part refuted the claims about received their initial package of eradication of illiteracy, environmental trict Commissioners to divert The human rights group theft of the resettlement package Kshs.10,000 but were missing conservation, poverty and hunger alle- the funds into their accounts,” says that for every 200 victims, for IDPs. on the second payments. viation within the targeted communi- Bwonya adds. 40names were deleted and re- “The names that were missing The human rights lobby ties. The official faulted the min- placed with fake ones to cover from the list of those to be com- group says they have compiled a Chinyaka said ignorance was a big istry of Special programs for up the stealing. pensated had been removed at list of poll victims in Mt.Elgon, hindrance to development and there- channeling the money directly The lobby group concludes the Special Programmes minis- Bungoma west, Bungoma North fore members of the KRF will spear- to the DCs accounts without in- that District commissioners in try head office for lack of crucial ,Busia and Bungoma South dis- head civic education programs to sen- volving the treasury. the affected areas are also culpa- information’, Farah clarified. tricts. sitize the public on their rights. Mr. Bwonya went on, “in this ble and should stop misleading In the district, he says a total Lists according to divi- He said the forum will also con- syndicate you cannot rule out a the IDPs, by apportioning blame of 632 had been removed from sions indicate that Cheptais duct social audits on development pro- conspiracy between the ministry to the ministry headquarters in the list out of 6,346 listed as ben- has (1,040), Kopsiro( 1,320), grams currently being implemented staff and the administrators to Nairobi. eficiaries. Kapsokwony (396), Kapta- using devolved funds like LATF, CDF. swindle unsuspecting victims of Bwonya asked the concerned He adds that those affected ei- ma (170), in Mt.Elgon, Si- Constituency Bursary Fund, Road lev- millions of shillings’. DCs to explain to the victims ther did not have original identi- risia (210), Chwele (440), in ies funds usage among many others. The lobby group now wants who deliberately deleted the fication cards, entered one name, Bungoma West, Kimilili (1470) The forum board has been mandat- the minister for Special Pro- names from the original list registered twice or were suspect- in Bungoma North, Busia (516), ed to come up with a short term strat- grams Naomi Shaban to institute which was computerized. ed to be ghost applicants. and Bungoma South ( 446). egy which will form the basis of initi- investigations and expose cul- The Mt .Elgon District Com- “There are claims that some ating long term development projects.

protected and promoted better From page 2 in the PCK than in the current According to the current Constitution. New law protects right to life As seen above, all the 8 cir- Constitution, there are 8 ways in which the right to life can cumstances that have brought a be violated. The first way is But when life must be taken been deprived of his life in contra- confinements and/or in our streets lot of suffering for all Kenyans contained in Section 71(1) that away, and somewhat similar to vention of this section if he dies openly while we are told of most will never operate again and are allows the Kenyan High Court Article 6 of the ICCPR quoted as the result of the use of force to wanted criminal. Indeed, Section not in the future constitution – to issue an ruling of ‘hang till above, Article 26 (3) provides: such an extent as is reasonably 28 of the Police Act exposes these the PCK. Indeed, Article 244 death’, for criminals accused “A person shall not be deprived justifiable in the circumstances of powers where “a police officer (c) and (d) of the PCK is very and found guilty of capital of- of life intentionally, except to the the case”: 1) for the defence of any may use arms” to take away the robust. It requires the National fences that include treason, extent authorized by this Consti- person from violence; 2) for the right to life, and has only to show Police Service to: “comply with murder, robbery with violence tution or other written law”. Two defence of property; 3) in order “reasonable grounds” constitutional standards of hu- and attempted robbery with things need to be pointed out. First to effect a lawful arrest; 4) to pre- These 8 circumstances point to man rights and fundamental violence. Indeed, the Section the constitution does not envisage vent the escape of a person law- a country that respects the right to freedoms; and train staff to the states: “no person shall be any person loosing their life save fully detained; 5) for the purpose life, only when it comes to mat- highest possible standards of deprived of his life intention- for circumstances that are con- of suppressing a riot, insurrection ters of the womb. The debate competence and integrity and ally save in execution of the tained in Article 26(4). And sec- or mutiny; 6) in order to prevent on this right as led by Christian to respect human rights and sentence of a court in respect ond therefore, all “other written the commission by that person of leaders seems to take this tan- fundamental freedoms and dig- of a criminal offence under the law” must of necessity respect the a criminal offence; or finally, 7) gent. The leaders seem to care nity,” respectively. All those Law of Kenya of which he has right to life unless for executing if he dies as the result of a lawful about protecting foetuses, and who violate the right to life will been convicted”. If we were to what has been provided for in that act of war. Such broad and sweep- not anything or anyone else. In- be prosecuted and the courts of debate the right to life fully, Article 26(4). No one shall be ar- ing powers have always given to deed, they seem not to care that tomorrow will use the Article then such retrogressive sections bitrarily deprived of life. the Kenya Police Force, and other current laws provide for abortion 26 to rule whether someone has should and must be eliminated The other seven ways where armed forces, powers to kill peo- in the same circumstances. Sec- violated the right. from our law books. The PCK the right to life can be arbitrarily ple with impunity. Due to such ond, they refuse to appreciate the —The writer is Ag. on the other hand provides: Ar- violated and are included in Sec- retrogressive ways, many have need for a whole-some debate on Programmes Coordinator ticle 26(1): “every person has tion 71(2), which states: “a person died in massacres, in mysterious this right. And finally they ignore / Dep. Ex. Director, Kenya the right to life”. shall not be regarded as having circumstances, in legal and illegal that the right to life is guaranteed, Human Rights Commission The Link, May 2010 GOVERNANCE 13 Gucha Kenyan philanthropist teachers tell off church over honored by American varsity constitution By KAVYU- KURA strived to improve the lives By BOB OMBATI A senior employee in the of the lowly members of the Ministry of Public Works society. “Despite the fact the he is The tug-of-war between the catho- Eng. Gideon Mutemi Mu- lic church and pro-Draft constitu- lyungi has received special a great architect, he has al- tion agents has intensified, with recognition from a university ways shown commitment to Gucha branch Kenya national un- in United States of America improve the lives of the poor ion of teachers ( Knut) accusing (USA) for his philanthropic people of his rural Mwingi the church of misleading Kenyans abode and he has always had on the draft constitution. and humanitarian service to Gucha Knut chairman told the poor. plans to help improve the status of Mwingi town,” says Nyangusu Catholic parish priest, During a ceremony held Dennis Rogena, that the church at the Global Vision Church, USA academician. would not direct Christians to vote Mwingi town, Eng. Muly- He noted that by receiving against the Draft, since majority of ungi who is an architectural the Doctorate Degree Eng. Kenyans have resolved to vote for engineer by training was con- Mutemi joins the league of the constitution during the refer- other globally acclaimed top endum scheduled for July. ferred with an honorary doc- The priest had told mourners torate Degree by Prof. Clyde guns who had also received the honour among others be- to reject the Draft if the clauses Rivers the chief chancellor of on the contentious issues such as the Education Worldwide at ing the Vice President Mr. abortion and Khadis courts were United Graduate College and Kalonzo Musyoka and Phi- not amended, prompting the Trade Seminary, USA. lanthropist Manu Chandaria. unionist to react immediately. Prof. Rivers described Prof. Rivers said that his They clashed as Kisii diocese institute’s top honour was bishop, Joseph Mairura, whose Mutemi as one of the top qui- jurisdiction covers eastern Nyan- et men in the world who have guided by individual’s ac- complishment in improving za region urged the faithful to be the lives of others, especially calm as the church sorts out the matter. the poor and the disadvan- The bishop had lashed out at More Millennium taged members of the society. MPs for passing the Draft and Also present to witness termed them as shameless traitors Districts to be the occasion were United who had betrayed trust bestowed Graduate College and Semi- upon them by the voters. rolled out nary dons, Prof. Michal Plit- The bishop said the document zl, Prof Donella Plitzl and belonged to all Kenyans and it By PETER MUTUKU was imperative that the views and Racheal Schweign. Others Eng. Gedion Mulyungi interests of various groupings be Plans are underway to roll out the sec- were Mr. Mutemi’s mother included in the final Draft before ond phase of Millennium Districts. The Joyce Syukau and the col- exercise which targets 30 Districts calls Leadership on him had great- tigious award would also they subject it to the referendum. for the establishment of a business so- lege’s African representative ly humbled him as he least serve as an impetus to devote He reiterated that the church, lution centre in the targeted areas. Dr. Bishop Robert Mutemi. expected such a thing despite more energy and time to serv- had through the press stated its The Districts which have been ear- Speaking to the Media, his untainted professional ing the needy in society and position that the courts be created marked to benefit in the second phase Mr. Mutemi said confer- through an Act of parliament as will set up the business centers which leadership and support to contributing charitable causes opposed to being included in the will act as incubation for potential in- ring the honorary Doctorate charitable causes. within and without his home constitution. dustrialists who will be expected to ex- of Christian Organizational He declared that the pres- area. Same sex marriages, debate pand their entrepreneurship and allow on when life begins characterized others to join the centre. According to Nobert Ruchugu who the bishop’s sermon and speeches, is a KIE Manager in Kitui, the business which maintained that the church centers will have an administrative would not take lightly the affront block, training facilities and cyber fa- Gusii residents call for on their recommendations, noting cility to enable the industrialists catch that gay marriages were unchris- up with the latest trends in the sector tian and imported ideologies de- based on vision 2030. signed to spoil the Kenyan youths The KIE official says the Eco- transparency in use of CDF and an entire generation. nomic Stimulus Programme had also provided funds for construction of Christians, noted the prelate formed 75 percent of the Kenyan Constituency Industry Center (CIC) By BOB OMBATI plicate matters for them. the committee down to account for the that will work in synergy with the busi- Constituents from various con- money. population adding that they will ness center. CONSTITUENCY Development stituencies interviewed said that they Kennedy Onyambu, a human not support the document blindly To boost the initiative further, Ru- Fund managers in some Gusii con- are uninformed on the way the bursary rights activist says that the CDF Act to please few politicians who had chugu, disclosed that KIE will con- stituencies are reluctant to release in- fund is allocated, saying some CDF should be amended such that the MPs been mandated democratically by struct Jua Kali sheds in all Districts committees were still giving bursaries have less control over the CDF mon- Kenyans to fight for and protect where entrepreneurs will be admitted, formation on their activities fearing that the same could be used to against to their children and relatives, neglect- ey and the officials be elected from their interests. allocated stalls and taken through the ing orphaned children from poor fam- across the constituency to hold them process of establishing industries. them. He said people valued life and The managers now say they can- ilies, who, according the Act should more responsible and accountable. stressed that women who had pro- “The Programme will involve pro- be given first priority. Each constituency says Onyambu vision of loans for equipment, training not release any information to report- cured abortions for one and supervision and will be comple- ers on CDF or bursary fund, saying Political patronage, they said still should have a monthly newsletter reason or another suffered mented by the CIC and business cent- the same was used by the National dictated the allocation and disburse- which reveals beneficiaries of the bur- mentally, a prove that life was sa- ers,” says the KIE manager Tax Association ( NTA ) to expose ment of the funds and constituents sary fund, their learning institutions cred. He says that KIE had the political ghost projects in some constituencies were shut off whenever they com- and the time they are due to complete Muslims, the bishop said were plained and told to carry their own their studies so that the bursary is not goodwill and was currently reinvigor- and unaccounted millions of tax pay- free to practice their religion but ating its mandate to ensure the Vision ers money. crosses. paid to ghost learners in the institu- 2030 aspiration were attained. The voters were unaware of the tions, wasting public funds. expressed fear that if the courts An investigation by The Link es- are entrenched in the constitu- The pilot phase of the Millenium tablished that the officers are under five percent reserve for the emer- He lauds the NTA for its research Districts was carried out in Bungoma, gency under the CDF kitty, alleging that has elicited mixed reaction from tion, they will be a burden to the strict instructions from their respec- Kenyan taxpayer who will indi- Siaya, Murang’a, Suba, Bondo, Kilifi, tive MPs, who feel that should the that once the year was over, the Mp the MPs and their CDF teams, saying, Garissa, Murang’a South and Turkana, and the committee shared the money it should be empowered to cover all rectly be forced to pay tax to run said Ruchungu. information be released without being sifted and edited, it was likely to com- since few electorate have guts to pin the constituencies to expose the rot. the courts.

The Link, May 2010 SUPPLEMENT 15

PARTNERSHIP FOR PEACE A monthly supplement funded by European Union and Konrad Adenauer Stiftung Mwalimu Nyerere was a true nationalist

had the op- MANAGER’S COLUMN Professor Eriksen education was focusing on literacy portunity to refers to is eas- but in the literacy classes people travel to Tan- ily illustrated with got also political training which I zania during Tanzania as an ex- goal was to first of all create an Easter. In Tanzania By ample. If you ask appreciation of the national cul- you will find more HANNA a Tanzanian to- ture and second, awake a national than 120 ethnic CARLSSON day what his/hers consciousness among the citizens. groups which are identity is the reply Dr. Nyerere was very successful in more than the fig- will be Tanzanian. his politics. ure given for Ken- If you do the same Prof. Eriksen argues that eth- ya. No matter if you in Kenya you know nicity and national identity are de- talk with a Tanzanian or a Kenyan that the first answer will not be signed and I tend to agree. Kenya they will maintain that their ethnic Kenyan. maintains strong ethnic identity belonging depends on traditional Even for Kenyans, Tanzania is because the different tribes per- customs and a long common his- perceived as a very united nation ceived each other as culturally dif- torical past. Though, according with a true nationalistic spirit. This ferent and through stereotyping, to the Norwegian Professor To- is a result from the politics the which is done both by the public mas Hylland Eriksen ethnicity is first elected President, Julius Ny- and politicians. an aspect of relations and both erere, implemented. Dr. Nyerere In this issue of the Partnership ethnicity and tribe is a product of was a pronounce nationalist and for Peace Supplement you will a modernization process and not socialist and used to say: “All of find more articles discussing both a relic from the past. He means us have different origins but let us identity and stereotyping but also Former President of Tanzania that for an ethnicity or tribe to be see beyond that, we are all Tanza- stories from the ground how cul- Mwalimu Julius Nyerere formed it is simply enough that nians.” His main objective was to tural customs fuel tensions. In the a group of people has minimum give all ethnic groupings a united April issue we promised to publish Don’t forget that we are always of contact with each other and nation with one official language. stories from our readers dealing interested to take part of positive share a common concept about He used a lot of the national ex- with reconciliation. These stories stories from the ground d other groups of people which are penditures on education both on will be shared in a later issue of The writer is the International culturally different from them. primary and secondary school but the supplement this year that also Project Manager The modernization process also on adult education. The adult will deal more with the topic. [email protected]

Youth urged to embrace peace INSIDE:

By BOB OMBATI troop a head with good ones. build on those that promote the in- Categorizing and Chacha cites Female Genital Mu- terests and value of Kenyans as a tilation is his Kuria community as a people with multicultural identities. Stereotyping CIVIL Society official has retrogressive practice that has creat- A recent peace and Resolution — 16 urged youths to discard ed friction between their Luo neigh- workshop at an Isebania hotels, retrogressive cultures and bours who do not practice, hamper- says Chacha enriched him as various A embrace positive values ing intertribal marriages. tribes exhibited their cultural values Understanding to avoid perennial conflicts and The official note that cut girls through songs, poems, short stories enhance peaceful co-existence. feel superior before uncut ones, and and drama, saying the same to be your identity In an interview, George brag wrongly that they satisfy their taken to the grassroots level to help Chacha, the head of People for husbands, which leads to intimida- change perceptions of conservative — 17 Rural Change Trust ( PRCT), a tion, humiliation, providing a fertile of bad cultures and their victims. Kuria- based Non Governmental ground for the blossoming of tribal Gender roles and FGM observes Malaba peace Organization, says that young tensions. Chacha have been abused since time people could play a big role He says tribal groups should as- seminar semble in various forums and share through interpersonal change to Turn to Page 16 drop the valueless traditions and their positive cultural values and — 18

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. 16 The Link, May 2010 SUPPLEMENT

Categorizing and Stereotyping Youth

By HANNA CARLSSON reliable while they are unreliable”. Further are poor/ignorant/vulgar, hence employers urged to categorizing project and externalise for in- do not hire members of the group which he last issue of the Partnership for stance “we are unemployed project/exter- lead to increased exclusion. Peace supplement encouraged the nalise they take our jobs, I dislike Parasayip Negative stereotypes against other embrace readers to identify their various iden- (Masai) project we dislike Masais, we have groups increase our own self-esteem: They Ttities. It was concluded that the list bad roads externalise they eat our part of are poor and primitive, hence, we are rich peace of identities identified formed the reader’s the cake”. and sophisticated. personal identity. Our personal identity is Categorizing can be both positive and It has shown that people unconsciously From Page 15 strongly connected to our cultural member- negative. The positive aspect is that it con- believe in stereotypes about themselves, ship. In the Kenyan context, the cultural firms expectations, reduces stress, and may which undermines self-confidence, gen- immemorial with boys socialized to membership is strongly connected to the help to link our own culture to others. The erates stress and ultimately confirms the believe that girls are inferior and tribe and community. Our cultural member- negative side is that individual traits and stereotype. should do all domestic chores as boys ship becomes our measure when judging people are disregarded, it minimizes in- There is at least two sense of stereotyp- watch TVs with their fathers, a prac- members from other communities. This ar- group differences and maximizes out-group ing. The first one consists in the attribution tice that has eroded the confidence ticle will discuss the process of categorizing differences which can cause conflict. of psychological traits to individuals because of the girl-child who rights are being and a form of it, stereotyping. of the belief that as members of a given Stereotyping group they have to have these traits. For trampled under the guise of culture. Chacha told The Link that urgent Categorizing A form of categorizing is stereotyping which example: If the supposed fact is that Luyhas joint session for both boys and girls The process of categorising usually takes is directed towards members of cultural/ are hard-working and serious, and Wasilwa should be conducted to enable them place automatically in interaction with other ethnic groups different from our own. Stere- is a Luhya, consequently Richard is hard- to see themselves as Kenyans first people, meaning we do it without thinking otyping refers to membership in sociological working and serious. and not tribal individuals with con- about it. In intercultural relations it is use- categories: sex; ethnic group; age; profes- The second sense of stereotyping con- flicting and irredeemable cultures, ful to categorize because it reduces uncer- sion; sexual orientation; social class; nation- sists in the attribution of negative psycho- traditions and beliefs. tainty, increases the accuracy of predictions, ality; and links this membership to psycho- logical traits to a whole group of people with The civil society, jointly with the and systematizes behaviours. For instance, logical and moral traits. For instance, men the intention of damaging the interests of provincial administration should con- when I have an appointment with a Kenyan are aggressive/women are irrational, Indi- the members of the group. This was widely cert their effort to ensure that young I know the person will be late because my ans are racists/blacks are ignorant, youth used in the genocide in Rwanda. One ethnic and innocent girls are not subjected consciousness has categorized “a Kenyan” are irresponsible while old people knowl- group was said to be cockroaches meaning to FGM and early marriages, which, is equal to “African time”. Therefore, if the edgeable. that they were not human beings and there- he adds, cuts short their education person does not show up on time I do not Stereotyping is based on the principle fore it was not morally wrong to kill them. to the advantage of the boy-child. need to worry. On the other hand, if I am of illusory correlation: If A is linked to B, all Stereotyping in the first case is perhaps The two players should strive to meeting a Mzungu I expect the person to be those that are similar to A are also linked not a very intelligent attitude and it lacks demystify the stereotypes associated on time otherwise something seriously must to B. E.g. John (an Englishman) is stupid, any kind of scientific support but can be with various tribal cultural practices have happened. hence: all Englishmen are linked to stupidity rather inoffensive. Though, stereotyping in and stigma in a bid to end the nega- In categorization, we tend to maximize (are more or less stupid). Furthermore, ster- the second sense has disastrous effects for tive perceptions and help tribes cel- the positive attributes of our own group. eotyping is somehow self-fulfilling prophe- the members of the stereotyped groups and ebrate and enjoy their cultures and For example, “we Kenyans are hard-work- cies: If a group is socially/economically ex- can, as shown, lead to ethnic cleansing and identities. ing while Tanzanians are lazy” and “we are cluded the stereotype says that its members genocide as in the Rwandan example. Parents told to teach children positive values By BOB OMBATI Fingering Female Genital Mutilation, a deep rooted cultural practice in Gusii region, she noted that girls were being discouraged isii Branch Maendeleo Ya Wanawake from getting married to uncircumcised peo- program officer, Ann Keng’ara, ple and were shunned if they did so. wants young parents to inculcate She says that her organization is fight- Kpositive values among their children ing the practice and is embracing alterna- to end baseless stereotypes and stigma at- tive rites of passage for the girls while boys tached to various tribal cultures, traditions are taught that the practice does not add and beliefs. value to sex, which is essentially meant for Kenga’ra notes as children grow, their procreation. parents teach them negative cultures about Majority Kenyans, she says should be other tribes, a practice they grow up with trained to appreciate to appreciate both and exhibit it in learning institutions and genders equally and discard the traditional working environment. She said that the belief that boys are better than girls and cultural stereotypes implanted in children they are automatic inheritors of family prop- affects their perceptions as adults and quite erties while girls are seen as people to be often lead to resentment, humiliation and married off voluntary or involuntary to en- Some of the children that needs positive teaching. leads to conflicts. rich the families through huge dowries. In an interview during a peace and con- Dialogue among groups on positive val- should be maintained but should not ham- to fund peace and conflicts workshops to flict workshop at an Isebania hotel, she ues, notes the officer is key to ending cultur- per inter-tribal marriages, business asso- encompass Kenyans from all tribes to share confessed that old Kisii parents scorned and al and gender related conflicts which have ciations and freedom of expression since their experiences on cultures and identities uncircumcised people and used it as a refer- dogged the African continent for ages. there is no primitive or superior culture. to force a common front for peace-co-ex- ence to admonish, cow or abuse children. Tribalism, culture and tribal identities She urges the government and donors istence.

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, May 2010 SUPPLEMENT 17

Understanding your identity dentity according to members of many religious Wikipedia, is an um- communities proselytize to brella term used to de- win converts to their faith. Iscribe an individual’s This is also true for political comprehension of him or ideologies, attachment to herself as a discrete, sepa- particular pieces of land, or rate entity. practicing a particular way The first step in under- By JANE of life. standing how identities MURUTU Identities vary in many form is to think about your other ways. They are self- own life: Who are you? Are designations and also attri- you a parent? A teacher? Alumni to butions made about other persons. a specific school? A Kenyan? A Mus- They can endure for generations lim? The list is endless. With each or change with shifting situations. group that you use to identify your- They can exclude or include. And self, you are creating in your mind since everyone has multiple identi- an image of groups you belong to ties, their relative importance and (see also the article Defining my compatibility, differs in various times Identity in the April issue). and circumstances. Identities are constructed based Take a local example of hobbies on various traits and experiences where fans identify themselves with such as creations, choices, values, either Manchester United or Arse- beliefs, appearance, ethnicity, prac- nal. It is not uncommon to find fans tices, habits, hobbies, possessions discussing ``how we were beaten The first step in understanding how identities form is to think about your and interests. However, some traits by them``. Identity is good but if own life. are fixed at birth, such as parental, taken negatively it is a killer. For in- ethnicity and religion, place of birth, stance, the long standing religious Etyang. There is no identity that is chieftains to shun using identity as a and skin color. Other traits may be and political tensions in Nigeria superior to the other. It all begins weapon of divisive hidden agenda. acquired or modified later, such as have left a trail of bloodshed. Not- in the mind. We should be proud of Kenyans need to embrace the language spoken, religion practiced, withstanding games, where people, our identities, but be careful enough culture of dialogue along religious, clothing worn, or food eaten. have literally taken their own lives not to trample or dictate to others ethnic and minority groups. Fur- Many identities, then, are not because their favorite football team what they should not be. thermore, it is indeed possible for based on ascribed traits but on has lost a game. Fighting identity monster is pos- people to be patriotic, celebrating shared values, beliefs, or concerns, Some people take identity dis- sible when we take bold measures their own people or country, without which are varyingly open to acquisi- creetly, which should not be the of countering hate speech and ex- denigrating or dominating others. tion by choice. This includes shared case. Why should you call yourself clusionary policies. Let’s engage re- Identity “sickness” is prevent- religious adherence -- indeed, Wafula, when in reality you are ligious, politicians, elites and tribal able! An African woman: Poem by a young Namibian

By VICTORIA HASHEELA He said it’s his right I wonder if this will go on and on He said I’ve no say I’m an African woman I wonder how many more generations He said it’s his house Will experience this trauma A victim of culture He said it’s Africa I have no rights I do whatever he says They say it is culture This is the fifth year It is not his fault There are now five of us I am the first wife He found it there I wonder if he’ll get more But I really wonder I though I’d be the only one I still have no say But after one year If it’s not about time There were two of us To stop this trauma He is a proud king And let culture go I gave him two sons I was taken by surprise But I am feeling ill From the book Women and Custom in Namibia I didn’t see it coming There’s a disease in me I was only told – Cultural Practice versus Gender Equility? Edited by Oliver C. Ruppel The day that she arrive I wonder if culture will ever change

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, May 2010 SUPPLEMENT PARTNERSHIP FOR PEACE Peace seminar held in Malaba By GILBERT OCHIENG communication and reconciliation and last- ly to increase awareness of variety of the HE European Union (EU) and Kon- available peace building roles and develop rad Adenaur Stiftung (KAS) have skills in problem solving,” Mr Ayindo said, embarked on a rigorous campaign He urged partner organizations to be Tto promote peace in areas hardest good role models and refrain from sowing hit by post election violence in Nyanza, seeds of discord among the various ethnic Western and Rift Valley provinces. communities from their respective areas The programme is being implemented that might lead to clashes; but should in- by KAS in collaboration with various civil stead engage themselves in active peace- society organizations namely Mount Elgon building initiatives. Residents Association (MERA), Catholic, At the same time, Teso North District Justice and Peace Commission (CJPC),and Officer, Mr. Louis Rono, who presided over Community Initiative Action Group (CIAG) the official closing of the peacebuilding among others. workshop underscored the importance Addressing the stakeholders during a of maintaining peace, without which no four day peace building workshop held at meaningful development can be achieved. Emael Tourist Hotel in Malaba town recent- “Am earnestly appealing to you to fully ly, Mr Babu Ayindo, who is a researcher utilize the peacebuilding skills you have and trainer in peace building and Mr. David gained from the workshop and sensitize Steele, a Consultant in conflict transforma- the various ethnic communities within your tion, underscored the importance of peace. respective areas so that they can realize They called upon all the partner civil soci- the importance of peace and co-exist har- ety organizations from the affected prov- moniously,” the DO said. inces to actively participate in the peace Mr. Rono said that Kenyans were at building initiative aimed at promoting har- liberty to live in any part of the republic monious co-existence among the various Participants from capacity training in Malaba. Photo/Gilbert Ochieng irrespective of one’s ethnic background, ethnic communities. adding that the civil society organizations The workshop dubbed “Partnership for vent any possible conflict through dialogue aimed at reducing tensions and preventing as well as the faith based organizations Peace” was aimed at strengthening the and informal mediation,” the facilitators violent conflicts among different ethnic and (FBOs) should use every means at their capacities of the civil society organizations said. social groups. disposal to spread the peace message to with the necessary peacebuilding tech- The peacebuilding initiative is expected “The specific purpose of the peace- avoid a repeat of the post-election vio- niques to facilitate effective sensitization of to help form regional networks in crisis building workshop is to enable civil society lence witnessed in 2007/8 that saw various the communities within their areas. prevention and conflict management. The organizations to be informed about the ethnic communities displaced from their “The specific purpose of the peace- project also aims at increasing inter-ethnic objective of the project, resolve emerging homes. building project is to strengthen the ca- interactions, promoting regular information problems within their respective areas, un- “The peacebuilding workshop has come pacities of the Non-State Actors in Rift exchange regarding emerging conflicts and derstand the nature and dynamics of con- at the right time since we are approaching Valley, Nyanza and Western provinces as a crises. It will also improve communication flict and conflict transformations, learn how 2012 elections.” He said that the govern- means of lessening the negative impact of channels between the civil society organi- to build constructive relationships through ment will accord the civil society organiza- community conflicts by improving on their zations, political forces and regional and examination of identity, values, transfor- tions full backing in their peacebuilding ini- knowledge and ability to detect and pre- national authorities regarding approaches mation of grievances and bias, effective tiative so as to make it a success.

CONTACT ADDRESSES: EU-KAS Project Office in Kisumu, Varsity Apartments 3rd Floor, P.O. Box 668, 40100 Kisumu, Telephone. +254 732 846 215 +254 711 358 013. e-mail: [email protected] PARTNERS Mt. Elgon Residents Association (MERA) Community Initiative Action-Group (CIAG-K) Catholic Justice and Peace Commission (CJPC) Chem Ngeywo, Project Coordinator Mr. Chrispin Owalla, Project Coordinator Mr. James Kimisoi, Project Coordinator Western Province Nyanza Province Rift Valley Province P.O Box 21-50201, Cheptais-Mt. Elgon Varsity Apartments 3rd Floor, The Catholic Diocese of Eldoret Mobile : 0720-744827; 0734-517489. P.O. Box 668, 40100 Kisumu. P.O. Box 842 -30100, Eldoret. Email: [email protected] Tel: 0737-470558/0716-384135 Tel 2031272; 0722 448110 [email protected] or E-mail: [email protected] [email protected]

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, May 2010 20 GOVERNANCE

Ligale Commission By JOHN NYAMBUNE calls for The issuance of the East African EAC suspends issuance passports has been suspended in- views on new definitely. The East African Community constituencies (EAC) Secretary General Juma of passports Mwapachu says the move will By JOHN NYAMBUNE remain in force until such a time Interim Independent Boundary Review when the passports are upgraded Commission (IIBRC) will embark on data to become IT powered. analysis during the second week of May The suspension follows com- after collecting views from the public plaints by EAC officials that throughout the country in readiness for the the passports were not properly creation of 80 new constituencies. used. In the past, the Immigra- Commission chairman Andrew Ligale says IIBRC will receive memoranda on tion Department which serves proposed administrative and electoral the partner states was blamed for boundaries only up to May 8 and asked the confusion surrounding the individuals with proposals to comply with use of the travel document. the deadline. He says efforts are underway The chairman spoke in Bungoma to upgrade the light blue col- when the commission received views from the public and political leaders on oured passports to make them what they desire for the larger Bungoma “machine readable” like the or- region which has five constituencies and dinary passports used in the re- seven administrative districts. gion and beyond. The commission will, after its analysis EA passports were introduced make recommendations to parliament on as a travel document nearly a administrative boundaries, including the decade ago by Tanzania, Uganda fixing, review and variation of District boundaries and electoral areas based on and Kenya, the original founders population density and trends, means of of the community to ease border communication, geographical features and crossing. But the document has community interest issues. not been popular among some The commission has only one year people who cherished traditional left to come up with recommendations for passports issued by the Immigra- parliament to act on. It was created by the Constitution of Kenya Amendment Act no tion departments in their respec- 10 of 2008 under section 41 as part of the tive countries. EAC leaders in a group photograph. Left-right: Museveni of Uganda, President Kibaki of government’s commitment to restore pub- They ended being mainly Kenya, Paul Kagame of Rwanda and President Kikwete of Tanzania. lic confidence in the electoral process and used by ordinary people such as enhance democratic governance after the traders and students across the He admitted that until now ards through which they can be because Immigration officials post election violence. region with the government of- the EA passports, issued by Im- screened electronically. keep on stamping them for every Commissioner Irene Masit says views presented by Kenyans will be looked into ficials and business executives migration departments in the The EA passports which are border crossing. and recommendations made to unite Ken- apparently shunning them. Mr three states can only be accepted valid for five years, were intend- “For Majority of us working yans and enhance national cohesion. Mwapachu told journalists that “internally though not used in- ed to be stamped only once in six in the secretariat these passports The Sirisia MP Moses Wetangula sug- the long term plan was to make ternationally”. months when the holder crosses are not renewed every now and gested that Sirisia constituency be split the passports an internationally This, he added, has necessi- from one state to another. then because of being stamped at into two namely Sirisia and Kabuchai with acceptable travel document in tated their IT upgrading in tan- However, that was the case as every exit and entry points,” one administrative boundaries intact, Kimilili Africa, apart from the region. dem with the international stand- they last for only a few months EAC official lamented recently. and Webuye each divided into two while Bumula and Kanduyi be combined to cre- ate three constituencies. Group wants KNUT wants teachers paid on time ers Service Commission (TSC). DC out over The unionists explain that de- lays by the employer to remit funds graft claims meant for cooperative movement By FIDELIS KABUNYI was adversely effecting teachers in- vestments. “Teachers require loans for them A lobby group in Githunguri is calling for the to develop. The Government should sacking of the area DC who they accuse of abetting corruption in the area. stop denying societies their dues,” The Community Bridge Network led by adds Majali who was speaking at a the chairman Paul Kamau Mwangi wants Git- Kakamega hotel. hunguri DC Henry Wafula to step down over Also present was the union Bu- corruption allegations. “Githunguri District sia branch executive secretary God- was created just the other day and we need frey Odongo, his Kakamega Cen- leaders of integrity to be able to spearhead de- tral counterpart Amos Ombayo and velopment projects in the area,” adds Kamau. the Kakamega Teachers Benevolent The lobby group claim that the DC has Fund Secretary Francis Ometty. been disposing off trees that fell during the Majali and Wesonga urged heavy rains and pocketing the money in contravention of the law which requires that teachers to adjust their expenditure money accruing from such sale be deposited to comply with the one-third rule on to communal projects. their pay slips. Further the group has demanded that the The officials explained that the DC shed more light into the circumstances union has no powers to overturn the which led into the reinstatement of a chief Government decision saying that who was alleged to have stolen relief food in the matter was an Act of Parliament. Githunguri District together with two women. Majali explains that the reten- According to Mwangi, the Githiga loca- tion of one third of their salaries tion chief was reinstated even after he alleg- edly diverted six bags of maize and a bag of KNUT officials in solidarity demanding for teachers’ salary to be paid in time. was meant to protect them from beans which was meant for hunger stricken many deductions. residents and Internally Displaced Persons By JOEL JUMA ernment was subjecting teachers “Teachers will be required to The leaders also said the union (IDPs). to economic suffering by failing to camp at the DEOs office to avoid was still advocating for the scrap- The scam was unraveled by members Kenya National Union of Teachers release their salaries on time. being regarded as absent if salaries ping of the teacher promotion of the public who complained that the distri- (Knut) now want teachers to boy- Majali and Wesonga says that are not paid to them on time,” said courses. bution exercise was not transparent. Police cott work to protest salary delays. in future the union will advise its the Majali. They explained that promo- raided his home and recovered the missing members to report to their respec- Majali and Wesonga also ex- tional courses were not considered bags. Prior to the scam, chiefs in the area had The union’s Secretary Gen- eral Lawrance Majali and national tive District Education Offices if pressed dismay with the delays in as most of the documents acquired been equipped with pick up trucks to facilitate their salaries are not paid by the remittance of deductions meant for by the teachers were being ignored in the distribution exercise which was to be chairman George Wesonga says overseen by an independent committee Knut was unhappy that the Gov- third day of every month. cooperative societies by the Teach- whenever chances arise. The Link, May 2010 GOVERNANCE 21 Mudavadi Minister calls for mobile voter registration moves to Western PC Samuel By JOEL JUMA Kilele however expressed save Kiambu fears that hundreds of po- An assistant minister wants tential voters in the region asset the Independent Interim may be locked out in the Electoral Commission forthcoming referendum as By AGREY BUCHUNJU (IIEC) to embark on mobile they are yet to collect their registration of voters to help national identification cards. Kiambu residents are happy with capture people living in re- Kilele says that over 14, the decision by the Minister for mote areas. 000 IDs are still lying uncol- Local Government Musalia Mu- Manyala Keya who is an lected in government offices davadi to revoke the sale of a and instructed chiefs and council asset. Assistant Minister for Gen- The Minister nullified the sale der and Children Affairs their assistants to mobilize of Red Nova hotel even after the says the ongoing voter reg- residents to collect the cards council put it on sale for Kshs istration exercise should not and registers as voters. 100 million. be restricted to polling cen- His announcement came In a letter addressed to Kiam- tres saying that some disa- after the province was bu Town clerk Michael Kimwele bled persons risk being left ranked lowest in the ongo- and copied to the area Member out of the exercise. ing voter registration exer- of Parliament Stanley Githungu- “Some people are too old cise in the country. ri, the Minister asked the council to move out of heir homes “It is sad that Kakamega to halt further transactions in re- and need to be served from Central district alone has spect to the hotel which he noted over 2, 000 uncollected ID was able to generate enough rev- their homes or churches as enue to run the council. the government has already cards yet many youth are The Minister was responding earmarked Kshs 200 million idling around instead of pre- to a letter send him by the town to oversee mobile registra- paring themselves to take clerk seeking his approval in the tion,” says Keya. part in the referendum,” said sale of the hotel. Keya urged residents to Kilele. The council had embarked on register in large numbers as Kilele spoke at the a process to dispose off its assets the new figures will also act Kakamega’s Muliro Gar- in order to generate revenue to as a guideline for the bound- den during the launch of offset its debts which currently ary commission, led by An- the provinces third phase of stand at Kshs34 million. drew Ligale to split Lurambi the rapid Results Initiative Disability: Minister wants government to provide mobile “We are selling the assert to (RRI). voter registration centres enable us generate revenue for constituency into three. the council which is currently operating on deficit in line with a directive by the government that councils are now free to dis- pose off their some of their as- sets in order to offset outstanding ACK wants 74 counties debts,” said the clerk before he received the new directive by the By JOEL JUMA ACK Diocese. if their proposals were ignored. The two say that the creation of the Minister. Beneah Salala who is the Bishop of Bishop Titus Khamala of Cornerstone ministry will deal with all religious matters The clerk had said that all lo- Anglican Church of Kenya (ACK) is call- Mumias ACK Diocese urged Deputy ministries has also threatened to lead his and scrutinize registrations to help lock out cal authorities in the country in- ing for the establishment of 74 counties to Prime Minister (DPM) Musalia Mudavadi members in rejecting the draft if the issue illegal ministries. enhance regional representation. to ensure Butere/Mumias retains its status of abortion in the draft is not addressed. “Churches need to be vetted and reg- cluding Kiambu municipal coun- The church says that the 47 counties as a County in the same way he was advo- Khamala urged the MPs to serve the istered before they are allowed to set up cil have up to June next year to proposed in the draft constitution under- cating for Vihiga. interest of the electorate by ensuring that projects and worshipping centres. These clear all debts or miss out on the mines the principal of devolution and will “Vihiga and Butere/Mumias county issues rejected at the grassroots are not in- will guard against formation of illegal LATF allocations in the next fi- lead to under representation of some re- councils have four constituencies each and cluded in the draft. sects,” adds Salala nancial year. gions in the Government decision making they need to form separate counties in the The clergymen also want the govern- The two church leaders took issue with In March, the Minister for organs. new constitution,” suggests Salala. ment to create a Religion Affairs ministry the rate at which churches were mush- Local government had revealed Two ACK Bishops say the church He says it is unfair for Mudavadi to to handle and vet registration of churches rooming in the country. wants equal sharing of resources among advocate for Vihiga alone whereas he rep- in the country. “The ministry will be in charge of fol- that local authorities in the coun- counties adding there should be fair crea- resents all parts of the country in Govern- Mr. Salala and Mr. Oketch says the lowing up on the registered churches to try were reeling in debts amount- tion of the counties in the new constitution. ment. Government should consider setting up establish if they follow proper doctrines ing to Kshs12 billion. “We are against having few counties,” He maintains religious leaders will the ministry to curb incidents where bogus and those found defrauding Kenyans, de- The Minister revealed that says Simon Oketch of Maseno North mobilize the flock into rejecting the draft churches are formed to defraud members. registered,” they proposed. the City Council of Nairobi had the highest debt which current- ly stands at Kshs8 billion. The By JOEL JUMA Minister said that the govern- ment had released Kshs10.4 bil- lion during the 2009/2010 finan- The Kenya Union of Post Kuppet backs proposed cial year, 10 percent of which is Primary Education of Teach- supposed to service outstanding ers (Kuppet) has endorsed debts. the draft and vowed to mo- bilize its members in unani- constitution of Kenya mously supporting the draft which they say promotes the argue that the inclusion of Kisienya explains that the draft are free to vote against welfare of teachers. TSC in the constitution was Ministry of Education has the draft,” said Kisienya. The union cites the re- enough to have the members been a great impediment in The officials cautioned tention of Teachers Service endorse the draft. negotiating for promotions their members against being Commission (TSC) as one f Kisienya, Misori and and salary increments and used by selfish politicians to the fundamental gains in the Mwethi urged teachers hoped that the constitution promote their personal agen- document which will cater countrywide to safeguard will resolve such matters. da at the expense of the gains for teacher’s interests in the the gains in the proposed Kisienya and Misori how- guaranteed in the draft. constitution. draft as an independent ever said that members dis- “We as teachers should Union’s acting national TSC will benefit from direct satisfied with the stand by espouse our professional in- chairman Zadock Kisienya, budgetary allocations with- the union are free to vote for dependence and not allow acting secretary General out relying on the Ministry NO at the referendum. power hungry politicians to Akello Misori and national of Education,” adds Kisien- “This is a democratic ex- peddle lies for their own po- treasurer Njenga Mwethi ya. ercise and those against the litical gain,” adds Mwethi Mr. Mudavadi The Link, May 2010 22 GOVERNANCE Save Chemelil from Clerics’ stand on new collapse, law baffling to the flock says Olweny By CATHERINE NDEDA Proposed Constitution is the tional Council of Churches of id Gitari announced that he views of the people since the Kenya and Catholic bishops supports the draft was proof By JOHN NYAMBUNE A section of the Church has Committee of Experts went go round the country seeking of the mood of the majority been shouting itself hoarse round the country collecting the views of their flock on the of Christians. Fact is majority By Leaders in Nyando have against the Proposed Consti- them. contents of the draft constitu- Christians do not have a prob- asked the government to move tution. Christian clerics are If the Kadhis’ courts are in- tion as the CoE did? lem with the article on the Ka- with speed to rescue Chemilil threatening to vote ‘No’ in cluded in the draft then it is a It is on record that the Sev- dhis’ courts and abortion. The Sugar Company from imminent the upcoming referendum if logical conclusion that it was enth Day Adventist church, a clergy should tell Kenyans ex- collapse. politicians fail to delete the the wishes of majority of Ken- member of the NCCK, is not actly whom they represent by The leaders led by the Kadhis’ courts and amend the yans. If majority of Kenyans opposed to the inclusion of opposing the draft since the Muhoroni Member of Parlia- abortion clauses in the new are Christians, then it is logi- the Kadhis’ court in the draft. Christians they lead support ment Prof. Ayiecho Olweny, law. cal also that Christians gave There are two million Advent- the draft. say that the company had con- The outcome of the im- the views that Kadhis’ courts ists in Kenya and they sup- Church leaders should tinued to register loses over the pending struggle, pitting the should be included in our con- port the proposed law. Some put more effort in preaching years and cited a pre-tax loss of religious elite against the po- stitution. Catholic bishops, especially morality and improving the Kshs959.4million in the last fi- litical class will determine The same Christians also in Nyanza, have differed with nancial year which translated to church’s relations with Mus- whether Kenyans remain loyal said abortion should not be the leadership and support the lims instead of engaging in a loss of 37.3 percent, compared to the religious class and look permitted except when the draft. This is testimony that to the previous year’s loss of divisionary activities. I chal- to the pulpit for political di- health or life of the mother is not all Church leaders are lenge the clergy to have a mini Kshs202 million. rection or stick with the poli- The MP notes that the loss in need for emergency treat- united in opposing the draft. referendum for Christians be- ticians and depend on the po- ment as may be permitted by In my opinion, the clerics op- fore the national one to know made by the company in the pre- dium for future direction. vious financial year was the high- law. posed to the draft are actually the true position of their flock About 80 per cent of the The million-dollar question representing their own inter- on the proposed law. est in its history and warned of a Kenyan population is Chris- possible collapse if the trend was is, if the same Christians said ests and not the interest of the allowed to continue. tian, whose views on matters they want the draft law as it is, whole Christian community. —The writer is a post-grad- Olweny, who is also the Edu- constitution, the clergy claims then whose interests the clergy The joyous reaction at All uate student at University of cation Assistant Minister, pointed to represent. It is the belief representing? Saints Cathedral on Sunday Nairobi. out that cane deliveries at the that what is contained in the At what time did the Na- when retired Archbishop Dav- company reduced by 24 percent in the year 2008/2009 compared to that of the previous year. He explained that this conse- quently reduced income to farm- ers as well as caused cane to rot MPs asked to help select schools in the farms. Sugar produced reduced by By JOEL JUMA 37percent in the year under re- view compared to that of the pre- The Ministry of Education vious year. has urged Members of Par- In the last one and half years liament to liaise with their the company has been grappling District Education Boards with debts and owes cane farmers (DEBs) to resolve controver- a whopping Kshs150 million. Ar- sies surrounding selection of rears for farmers run six months academic centres of excel- back, while cane payments have lence. been subsidized by the company Education Secretary at Kshs2, 500 per tone instead of George Godia says that con- Kshs4000. stituencies should resolve Olweny said incidentally the their disputes to enable the firm intends to borrow another Government release funds to Kshs500 million from the Kenya beneficiaries. Sugar Board to facilitate its op- Prof Godia says that the erations. Government was ready to The prevailing circumstances give schools earmarked for have led farmers to abandon cane up grading Kshs30 million delivery to Chemilil and are now under the Economic Stimulus headed to Kibos and Allied and programme. Sugar Industries and Muhoroni, Godia says the ministry which Olweny notes do not have will soon launch the pro- adequate capacity to crash cane. gramme saying that constit- The legislator now says uencies faced with contro- Chemilil Sugar Company may go the Muhoroni way if urgent con- versies should resolve them tingency measures are not put in to avoid causing delays in place in the foreseeable future. the implementation of the He says that as the area MP, projects. Education minister Prof Sam Ongeri workers at the firm have of late “Controversies in the se- been approaching him so that the lection of both primary and disbursement of funds to ben- Wesonga claimed that the constituencies,” said Weson- company does not go under like secondary schools should eficiaries. selection criteria was biased ga. Muhoroni and Miwani. be resolved as the Govern- Godia spoke as the Ken- and that some MPs had col- Godia however said ten- Chemilil Company has been ment needs to kick off the yans National Union of luded with DEOs to favour a ders for the schools identi- operating way below the set ca- programme at all levels,” Teachers (KNUT) urged the number of institutions. fied for up grading have been pacity, in addition to frequent adds Godia. He explains that government not to release “Schools which had been awarded. Godia also reveals factory breakdowns. ministry has received several funds to schools which are earmarked for upgrading by that a total of Kshs500 mil- Olweny says that 13 senior complaints in regard to the currently faced with disputes. communities were left out lion has been disbursed by workers have been sacked by the selection of the centres and The Kenya National Un- and therefore proper evalu- the Government as bursary management hence promoting in- therefore the cases need to be ion of Teachers Western ation is required before the for needy students in the dustrial unrest time and again. resolved to pave way for the Provincial secretary John disbursement of funds to the country. The Link, May 2010 AGRICULTURE 23

By FIDELIS KABUNYI A row is brewing at the Git- Trouble at Fresha Dairy firm hunguri dairy farmers’ co- operative society popularly However the area Member known as Fresha over plans of Parliament dismisses the to purchase a UHT machine. accusations and says that he The area MP Njoroge will continue monitoring the Baiya, who served as the society to save it from col- chairman of the society be- lapse. fore joining politics in 2007, He claims that the plant is opposed to the plan and which has a capacity of warns that the company may 185,000 litres has been run collapse if the management down by senior managers forges ahead with the plan to who are also trading with the buy the machine. society due to poor leader- Baiya instead wants the ship. company to buy a powder Baiya says the vice, had milk processing machine negatively impacted on the which he argues is able to day to day running of the store more milk without wast- facility noting that conflict age. of interests in any business At the centre of contro- endeavor was tantamount to versy, however, is the cost of vouching for its grinding into the UHT machine, which is a halt. expected to cost the society It is alleged that the com- a whooping Kshs1.2 billion pany chairman Charles Mu- while the purchase of a pow- kora owned two transport der machine is estimated to vehicles at the milk plant and cost a minimal Kshs500 mil- that most of the committee lion. members were competing to The board led by Chair- trade with the facility thereby man Charles Mukora is ac- compromising its productiv- cusing the MP of interfering ity. with the running of society Baiya says that conflict petitors were keenly watch- Dairy cows in one of the farms in Githunguri. Inset: Mr despite having initiated very of interest was likely to lead ing so that they can grab its Njoroge Baiya, area MP little reforms at his helm as to the collapse of the society vast market in case of such an the chairman. and cautioned that their com- eventuality. ADVERTISING RATES Coffee millers put on notice Your support as our reader or advertiser ensures that the stories that matter By MORRIS GITHENYA - the stories that help people make decisions about their education, health, governance, their livelihood, and their communities - reach them in a Cooperative Development Minis- simplified but factual way. ter Joseph Nyaga has put on notice millers who hoard farmers’ coffee. The Minister termed the prac- How to Advertise tice as unfair saying that farmers Send us the details of what you want advertised and we’ll do the rest.These were incurring huge loses. He said can be sent in electronic form as e-mail attachments or in diskettes/CDs as the millers release the coffee for well as hard copies. auctioning. During a meeting with coffee farmers in Thika, Nyaga heard how Thika Coffee Mills was yet to re- Our advertising rates are as follows: lease milled coffee to the govern- Full page colour Kshs. 72,000 ment sponsored Kenya Coopera- tive Coffee Exporters (KCCE). Full page black and white (inside) Kshs. 40,000 Members of Kamacharia Half page (Black and White) Kshs. 20,000 farmers cooperative society in Quarter page inside Kshs. 10,000 Murang’a have been complaining The Link Classified Kshs. 4,000 of lack of payment despite the fact Front Page Earpiece (colour) Kshs. 8,000 that their coffee had been milled. They told the minister that their Front page strap Kshs. 6,000 coffee was still being held in the Back page strap Kshs. 4,000 warehouses, as the miller insist to Back Page Earpiece Kshs. 7,000 be paid first. Front Page Solus (colour) Kshs. 20,000 TCM operations director Col Joshua Nzioka dismissed as un- Back Page Solus (colour) Kshs. 15,000 founded claims that the company has refused to release coffee to the Coffee plantation Special Rates newly registered Kenya Co-opera- We offer very special rates for advertisement of charitable activities tive Coffee Exporters (KCCE). the milling charges and once that marketing outfit. programmesor services. To get special rates, contact the Editor or the Editorial He instead accused the marketer is done the coffee is given out But Col Nzioka appealed to the of failing to pay milling charges promptly,” he said in a statement. market regulator, Coffee Board of Assistant. amounting to Kshs3 million since This followed claims by some Kenya to protect farmers from ex- January to secure the coffee. farmers that coffee delivered to ploitation. The details should be mailed to the Editor, P.O. Box 7438, 00200, Nairobi, The debt is owed to five co-op- TCM in January was still being He claimed that some of the Kenya. Telephone 020-601776, 020-3572365.You can also e­mail us at erative societies which market their held in the company warehouses marketers were selling coffee by coffee through KCCE, he said. without explanation. private treaty which is against the [email protected] or [email protected]. “Before coffee is released by Nyagah also accused cartels law and urged the CBK to probe NOTE: All payments should be made through cheques, payable to: millers, the marketer must pay for of undermining the newly formed the matter. Institute for Civic Affairs and Development (ICAD). The Link, May 2010 24 HEALTH State orders closure of dangerous mines be shut without further no- By MORRIS GITHENYA tice. The district environmental The government has ordered committee asked the police the immediate closure of to ensure the closed quarry sixteen quarry mines in the mines were not operational. country to avert possible ca- The DC also asked local lamities. authorities to ensure roads This follows recommen- leading to quarries are made dations by a task force ap- accessible in a bid to ensure pointed in February to look rescuers can respond in case into the quarry mines to en- of a disaster. The task force sure their safety before any assessed quarry mines in excavation activity can be al- Central, Eastern, Nairobi and lowed to take place. Rift Valley provinces. The task force headed by Environment Minister Benjamin Lagwen ordered John Michuki formed the the closure of quarry mines committee last February, af- in Murang’a, Nyeri and Na- ter visiting Kiama quarry ivasha while others will re- mines in his Murang’a back main under supervision of yard where five people were geologists and environmen- buried alive talists. Last month, a man died The affected mines are after a boulder fell on him af- located near market centers, ter he sneaked into a quarry homesteads, next to rivers, mine despite the government roads and railway lines. ban. One of the affected quar- ries belongs to Kay Construc- tion Company which came to the limelight when five people who had been hired Unicef funds to excavate stones died after A quarry mine which is dangerous for human life. PHOTO/FILE the mine caved on them. The Kajiado water, Company is currently over- seeing the construction of St quarry mines before they contravened the Forest Act. Eleven of the closed mines sanitation Mary-Irima-Gitugu road in can become operational. Quarry mines in Meru dis- are in Murang’a East District. Kangema. The report obtained by trict were spared during the The report said they were project Also affected are four The Link also revealed that exercise after owners were beyond rehabilitation and mines neighbouring the killer some quarry mines had been instructed to make them safe posed a higher risk to miners By JETER MUTUKU mine in Mukangu area which turned into havens of crimi- to operators. and the general public. The United Nations Children’s Fund the 12 man task force rec- nal activities where brothels In Naivasha, the report in- Consequently Murang’a (UNICEF) has funded water and sani- ommended that they be shut and illicit brews dens exist. dicates that part of a quarry in East DC George Natembeya tation project for a rural community in down permanently. In Nyeri District one of Wamahehe area was ordered ordered all the quarries locat- Kajiado Central District to the tune of The report also called for the closed quarry mine in closed owing to its location ed 30 meters from the main Kshs 7.2 Million. the rehabilitation of 51 other Kiganjo was found to have near the highway. road and railway lines must The Enkorika water, sanitation and hygiene (WASH) project includes the putting up of fully equipped boreholes, water distribution infrastructure to sup- ply water to a primary and secondary school, a health facility and a drawing AIDs orphans need more attention point for the rest of the community. Unicef country representative Olivia By AGRREY BUCHUNJU The director says that his or- Julius Odera and other two of- who fail to score mean grade of C plus and above are dropped Yambi commissioned the project which ganization with the assistance ficials Mr. Patrick Osakho and is being funded through a local NGO A community based organiza- from Aids Population Health Mr. Chrisantus Mashaiti during from our assistance,” he says. namely Nosim Women Organization. tion (CBO) wants the govern- Integrated Assistance (APHIA) an interview with The Link. The organization Mr. Yambi urged residents to adhere to ment and other donors to al- Western has supports 3,161 or- The director discloses fur- Lukhale, continues to disclose public health guidelines in order to keep locate more resources towards phans in Kanduyi division. ther that his organization has that also pays fees for student off preventable diseases that are often the support of orphans to en- Mr. Lukhale disclosed that been paying full secondary in vocational training colleges caused by poor sanitation. Bungoma Home based care school fees for 21 needy and He says that last year the She says that adherence to simple able them attain higher educa- guidelines such as frequent and proper tion and other basic needs. received Kshs3.3 million from bright orphans. CBO paid fees 23 orphans who APHIA as a grant which came He however, quickly points have since completed their washing of face and hands will help The Bungoma Home Based keep off diseases that often deny women Care director, Mr.Martin in three tranches. out that consistent support is courses. “This year we are pay- and children their right to quality life. Lukhale, says that his organiza- “We are now finalizing our pegged to the individual stu- Nosim executive director Phoebe tion was more concerned with second quarter activities and dent’s academic performance ing fees for 32 orphans in the Mollel says that Enkorika WASH the large number of orphans left soon we will start the third every term or year. vocational training colleges project will guarantee clean water for behind as a result of the scourge quarter programme,” adds the “At the end of every term and most of them are doing the public institutions and community the spread of HIV/AIDs rather director who was flanked by the beneficiaries must show mechanics,” the director con- and would reduce distances previously than the disease itself. the organization chairman Mr. us their report cards and those cludes. covered by residents in search of clean water. Apart from drilling and equipping He says that there are over During the first quarter, the organization received Ksh. 1.3 million and spent as follows:- the borehole, Nosim has constructed a 3,000 orphans in Kanduyi divi- pump house and laid pipes to three wa- sion alone who are in dire need Home clothes for over 750 orphans — Ksh.300,000 ter tanks whose capacities range from of assistance. Training for care givers and guardians — Ksh.209,000 5,000 to 25,000 liters. “Over 3,000 orphans just Renovation of 15 houses for orphans — Ksh.150,000 The organization has also construct- in one division are alarming ed ventilation improved pit latrines and which is why we are appealing Sensitization of community Health workers — Ksh.420,000 hand washing facilities at Enkorika Pri- mary school and health centre and three to the government and other The organization received Ksh. 1.1 million during the second quarter and used the money as follows: donors to divert a lot of their community water points. Other areas that have benefitted resources and energies towards Bought 219 laterns for orphans — Ksh. helping the orphans,” he says. from Unicef water programme include Bought pants for 1,000 orphans both boys and girls — Ksh. Eldoret, Kitale, Webuye and Bungoma. Equally, Mr.Lukhale ap- The governments of Germany, Italy peals to the community mem- Bought uniforms for 450 orphans — Ksh. 225,000 Bouhgt 100 water cans – pieces — Ksh. 300,000 and Japan have raised the cash for the bers to join hands and assist the projects under the Lake Victoria North orphans in their midst. Sensitized CHWs — Kshs 420,000 Water services Board. The Link, May 2010 ENVIRONMENT 25

By JOSEPH MUKUBWA Group moves Over two million tree seedlings Army, Green Belt Movement have been planted in Tetu, Oth- to protect aya and Nyeri town constituen- cies by the Green Belt Move- Lake Victoria ment in partnership with the plant trees in Tetu Kenya Armed Force. Already 20 trucks from the ecology Kenya Armed Forces have been dispatched to the targeted areas By JOHN NYAMBUNE to help in ferrying the indigenous By Marine researchers across the three tree seedlings. East African countries which share The Green Belt regional co- Lake Victoria have launched an initia- ordinator Mrs Judy Kimamo tive aimed at protecting and restoring says the lorries will collect about dwindling resources through classifica- 576,000 tree seedlings from the tion and mapping of Ecological Sensi- tree nurseries which have been tive Areas (ESAs). prepared by the women groups Kenya Marine and Fisheries Re- in various parts of Nyeri district. search Institute’s lead expert, Dr Wil- “The primary objective of the liam Oweke Ojwang, who is also Kenyan team leader, says that the re- project is to restore the degraded searchers had already identified and areas in and around water catch- characterized all sensitive ecological ments, conserve local biodiver- areas in the lake and are currently scru- sity and improve livelihoods of tinizing available data to pave way for participating community mem- the mapping of the Ecological Sensitive bers.” She said. Areas in the lake. Over one million trees have Ojwang says ecologically sensitive been planted in the last one and areas provide ecosystem services that half years with more than half a are vulnerable to human activities and million being planted in Gakan- require special protection. The exercise targets wetlands, river ga and Zaina forest. mouths, sheltered bays rocky outcrops “This project positively im- and islands. pacts on the management of re- Ojwang says Lake Victoria Basin sources by engaging community Commission (LVBC) funded regional members, private companies, study covering the entire Lake Victoria local institutions, government aims at restoring and protecting biodi- departments and Kenya Forestry versity of the resources. Service (KFS) in the He says there has been widespread loss of aquatic biodiversity, declining participatory management, Plantation of trees. Inset: Prof Wangari Maathai Green Belt Movement founder. protection and restoration of for- fish stocks and environmental degrada- tion in the lake. ests,” says Kimamo. Speaking in Kisumu, Ojwang says The movement lauds the good Gakanga area which had been in tree planting are aftercare of to restore indigenous forest, en- they would come up with a regional work being done by the Kenya destroyed by squatters who had planted trees, control of graz- hance and protect local biodiver- report to provide basis for decisions on Armed Forces, Kenya Forestry been settled there before they ing and high costs of transport- sity, influence policy for sustain- preparation and enactment of legisla- Service and the Provincial ad- were relocated to Solio Settle- ing seedlings adding, “while able forest management among tion that will guide sustainable manage- ministration which she says ment Scheme. tree planting has made remark- others. ment of such areas. have become very important Kimamo added that the rest able progress, the work on farms These project initiatives have Some of the critical emerging is- stakeholders in planting of trees of the seedlings will be planted and biodiversity restoration has increased awareness on the link- sues that came up during the survey which target the restoration of at the Aberdare forest adding that lagged behind because of short ages between destruction of and needs to be addressed urgently are natural forest, protecting the lo- the exercise will boost environ- implementation period. forests, climate change, agri- issues of ownership of islands, use of mental conservation and help to The project has brought to- cultural productivity and socio wrong fishing methods and critical cal biodiversity and improving habitats such as river mouths and rocky the livelihoods of the people. protect the watersheds found in gether the local community and -economic problems resulting in outcrops. Others include demarcation She says that some of the the mountain ranges. other forest stakeholders while more people participating in the of water abstraction points and rampant seedlings will be planted at She says the main challenges the activities have been initiated implementation. sand harvesting among others. NEMA cracks the whip in Busia Uprooted Eucalyptus By JOEL JUMA ministry of Public Works super- vises the contractors. The National Environment Man- Aura says that one of the growing again agement Authority (NEMA) project, which is set to be a pet- rol station lacked drainage system By MORRIS GITHENYA says owing to the new threat they have to has stopped the construction of come up with a new strategy of oiling upper a number of buildings in Busia apart from being on a road re- The Eucalyptus trees that were uprooted parts of the trunk after trees are felled. town until an Environmental Im- serve. He said Nema has blocked from water catchment areas in Murang’a “There are many young trees that have pact Assessment (EIA) is carried the owner from putting up the are sprouting again. sprung up in the water catchment areas a out. facility and urged the Municipal Many of the uprooted trees are back to year after they were cut down,” says the NEMA also closed down three Council of Busia to advise the in- life owing to the heavy rains pounding the environmental officer. entertainment spots at the Kenya- vestor to relocate the project. country. The Ministry of Environment and Ernest Waweru the manager at Kany- National Resources is now at a loss on how enya-ini tea factory on the other hand says Uganda border town for failing to He said that they were liaising to deal with the situation. felling of the eucalyptus was a blessing to put in place noise control meas- with the ministry of Public Health Kangema district was picked as a pilot the timber industry owing to availability of ures. to carry out inspection of market area by environmental experts who wanted wood fuel. “We had enough firewood but Proprietors will now have to centres with a view of cracking to conduct a study to establish whether the demand is still high as compared to the install noise control devises be- down on food kiosks that are op- water levels in the targeted areas would in- current delivery,” said Waweru. fore they can re-open them. erating under filthy conditions. crease. Investigations by a team of experts The tea processing factories in Western Provincial Disease have now revealed that the budding trees Murang’a have embarked on a joint ven- An inspection team led by An- are likely to pose a new threat that cannot ture to construct a power station that will thony Aura and Palapala Muteshi Mr Michuki: Minister for Surveillance Coordinator Richard be ignored. produce enough power to run four tea fac- says that no building will be al- Environment Nyamai admitted that there would Two years ago, Environment Minister tories. The project under Metumi Company lowed to proceed unless the au- be a joint inspection between John Michuki ordered uprooting of the wa- will spend Kshs 600 million with surplus thority approves their EIA reports. “Owners must indicate how the ministry of Public health and ter gulping trees from the river banks and electric power to be supplied to national Aura explains that some of the waste will be disposed as they are Nema. catchment areas. The directive was wel- grid. storey buildings,” said Aura. Nyamai explained that the in- comed by residents who cut down the trees Chairman of tea factories in Murang’a, buildings have been earmarked and sold them to Kanyenya-ini tea factory Chege Kirundi says the project will help for hotels and pose health risks to Aura explains that inspection vestors putting up housing units for processing green leaves. save millions of shillings per year that residents, as they have not com- also revealed that materials being without seeking advice from the However, an environmental officer would later be paid to farmers. Kanyenya- plied with the environmental re- used for construction were sub public health will not be protect- with the National Environmental Manage- ini factory alone spends Kshs36 million per quirements. standard and demanded that the ed. ment Authority (NEMA) Mr. Isiah Gichure year to pay electricity bills. The Link, May 2010 26 EDUCATION

the few universities we have. This has overstretched the serv- ices of these institutions, com- promising the quality of gradu- The State of higher ates in favor of quantity. It has also increased the costs of run- ning these institutions. As a cost cutting measure, university ad- education in Kenya ministration often employs out- moded teaching methods. Rote By MARTIN TAIRO learning is common, with in- structors doing no more than dic- The recent world universities’ tating their notes to overcrowded rankings were not surprising to classes. This negatively impacts Kenyans. Despite the fact that students, who are frequently un- we are local leaders in the pro- able to afford a text book. They duction of human resources for are forced to transcribe the notes both regional and international into note books, and those who markets, our universities were regurgitate a credible portion content with the humbling tailing of their notes from memory, positions that we were able to at- achieve exam success. These tain. Maybe it was because our passive approaches to teaching universities’ websites are rarely have little value in a world where updated; and the authorities at the practicability, creativity and flex- universities hardly ever respond ibility are at a premium. to any email inquiries; or even The mode of teaching aside, the universities’ library databas- the testing system is highly es are not yet uploaded on to the questionable. The system is not internet; facts that opponents of water tight against cheating and such rankings would brush aside other irregularities. It also does as being inconsequential. But I not cover the practical aspect would say the rankings were just of learning well, as students an overestimation of the state of can still pass these exams even higher education in Kenya. We though they may have not had deserved even worse. any practical attachments. This The roles of higher education has heightened “paper qualifi- institutions are clear. First, they cation syndrome”- the feeling should provide education and of qualification for a given job training within a structure that by virtue of holding certificates combines research and teach- showing that one has passed ing. Second, they should offer some examinations while, in es- professional training in fields sence, lacking the corresponding such as Medicine, Engineering, skills and attitude required to Architecture, Law and Teaching. perform effectively in one’s du- Third, these institutions should ties. operate as research centers, re- The university education sys- sponsible for carrying out re- A section of University of Nairobi. tem is also isolated from the soci- search in a broad range of disci- required for development. In only dedicate minimal time to vate universities and non-gov- ety. A meaningful modern educa- plines. Fourth, they should play a an editorial article in the Daily their responsibilities as teachers ernmental organizations. These tion system should stimulate all part in regional development, as Nation (July 12 1997, P. 17), it at the universities. In his study staff members were engaged aspects of human intellectual po- well as developing international was observed that “Education in “Revitalizing Financing of High- in various duties that included tential. It should not simply em- contacts, and last but not least, Kenya has largely operated in er Education in Kenya: Resource teaching, research, evaluation of phasize access to knowledge, but they should play a social func- isolation from the economic sec- Utilization in Public Universi- programs and running their own also uphold the richness of local tion in fostering the intellectual tor it is supposed to serve. The ties”, Abagi Okwach indicated businesses without approval cultures and values, supported and social development of the result has been that its products that about 50% of the teaching from the university administra- by the valuable disciplines of the society. have at times been found want- staff at the two universities he tion, as is normally required. humanities and social sciences, But scholars and critics alike ing in vital skills that have ham- studied, the University of Nai- This has resulted in a situation including philosophy, literature have never stopped blaming the pered their absorption into the robi and Kenyatta University, where teaching staff devote little and the arts. system, which most of them economic mainstream.” were not working full time at the attention to research or improv- All of this considered, includ- went through, and their critiques The quality of the teaching universities. Some of them were ing their teaching, and play little ing the poor response to techno- are somewhat justified. Studies staff is wanting. The poor state under employed. or no role in the life of the insti- logical advances, poor admin- have confirmed that the nature of the economy has affected The survey also indicated that tution employing them. istration, poor student welfare of training provided by Ken- the rewards of lecturers and has about 40% of senior academic There has been rapid expan- services and frequent student yan public universities does not caused the best of these brains staff at public universities were sion in the higher education sec- unrest, I still believe that we de- adequately prepare the higher to go searching for better terms performing part time duties in tor of Kenya. More people are served even worse in the rank- cadre human resources that are abroad, while those left behind other institutions, including pri- seeking higher education from ings. Ministry wants MPs to help select schools

By JOEL JUMA Government release funds to projects. Godia spoke as the Ken- earmarked for upgrading by beneficiaries. “Controversies in the yans National Union of communities were left out and Prof Godia says that the selection of both primary and Teachers (KNUT) urged the therefore proper evaluation is The Ministry of Education Government was ready to secondary schools should government not to release required before the disburse- has urged Members of Par- give schools earmarked for be resolved as the Govern- funds to schools which are ment of funds to the constitu- liament to liaise with their up grading Kshs30 million ment needs to kick off the currently faced with disputes. encies,” said Wesonga. District Education Boards under the Economic Stimulus programme at all levels,” The Kenya National Union Godia however said ten- (DEBs) to resolve controver- programme. adds Godia. He explains that of Teachers Western Provin- ders for the schools identi- sies surrounding selection of Godia says the minis- ministry has received several cial secretary John Wesonga fied for up grading have been academic centres of excel- try will soon launch the complaints in regard to the claimed that the selection awarded. lence. programme saying that selection of the centres and criteria was biased and that Godia also reveals that a Education Secretary constituencies faced with therefore the cases need to some MPs had colluded with total of Kshs500 million has George Godia says that controversies should resolve be resolved to pave way for DEOs to favour a number of been disbursed by the Gov- constituencies should resolve them to avoid causing delays the disbursement of funds to institutions. ernment as bursary for needy their disputes to enable the in the implementation of the beneficiaries. “Schools which had been students in the country. The Link, May 2010 FEATURE 27 Nambale youth reaps from own sweat

By NYAKWAR ODAWO

What had started as a com- munity based organization has helped transform hundreds of youth in Nambale constituency. The youth started off by putting their meager earnings together to aid in the formation of Rural Integrated Community Organization (RICO) whose aim is to enable them acquire skills and knowledge necessary for their sustainable develop- ment. According to the organi- zation’s coordinator Erick Nyongesa, RICO seeks to model a community that is self sustainable and independent through improved information dissemination and technology transfer. “The organization’s main objective is to help uplift the living standards of the rural communities by strengthen- ing their technical capacities in food production, healthcare, en- trepreneurship, water conserva- tion, sanitation, education, hu- man rights and environmental conservation,” he said. Nyongesa argues that the major obstacle to development is lack of information to those who need it most adding that Youths addresses the press in one of the past functions. Photo/File the organization aims to serve the marginalized community at communities to undertake other and sugarcane farmers, frac- man foundation, to be actively such as football tournaments. the grassroots level irrespective activities like kitchen garden- tious politics and land based involved in conflict resolution RICO advocates for non-state of one’s ethnic background. ing, local poultry production, conflicts and related resource and peacebuilding initiatives in actors to have better ties with “In order to effectively ex- HIV/AIDS and Reproductive based disagreement. To mitigate the region. state authorities in order to pro- ecute its mandate, the organiza- Health programme, Entrepre- some of the conflicts, RICO is Some of the peacebuilding mote conflict resolution and se- tion emphasizes on planning in neurship Small and Micro- En- partnering with Konrad Ade- initiatives include sports event, curity initiatives. a holistic way through develop- terprise Training, Mitigating naur Stiffung (KAS), a Ger- ing indicators, building skills, the effects of Environmental providing practical technical degradation, Child Protection # support alongside disseminating and Human Rights and Gender modern technologies, creating discrimination. opportunities and monitoring The group coordinator says The SUBSCRIPTION FORM and evaluation,” the coordina- a total of 250 youths have so tor says. far been trained on leadership The organization is commit- skills, entrepreneurship, sourc- Link ted to providing information es of business finance, proposal Enhancing governance for all and modern technologies within writing ,financial management, reach of the target group, facili- marketing and business ac- Please accept my/our subscription to The Link for the period of ...... months tating adoption of new technol- counting among others. ogies, training the groups at the “The major challenges we dating from ...... to...... grassroots level on participa- are facing as an organization tory development processes and includes inadequate finances, structures and assisting them in managing community expecta- I/We …………………….………………...………………… of P.O. Box...... ….…...... …… developing indicators and mon- tions and lack of adequate office itoring and evaluation. facilities,” he said. Code ……...…… Town …...... ….…..….…Tel No.…….……...... …. Street ...... This is an integrated pro- Apart from empowering gramme that comprises six ma- the communities at the grass- Building ...... Floor ...... Room No ...... Mobile ...... …… jor sectors namely Information roots level to engage in income Dissemination and Technology generating activities aimed at Transfer, Environment, Health, improving on their lifestyles, Email: ……...... have paid Kshs...... Water and Sanitation, Food Se- RICO is also engaging in peace curity, Education (Early Child- and conflict resolution process (Attached, please find money order No ...... hood Development), legal and so as to enhance harmonious civic awareness, Human Rights co-existence among the various Please send me ……...... ………....………..copies per issue every month. and other support projects in re- communities in the region. lation to the objectives. “Conflicts are not new in Signature and /or stamp of client/:...... …...… Date ...... It aims at making sure that Western Kenya. In the past 25 small scale farmers improve years the conflicts have gradu- their food securities through use ally increased in scope, magni- Back issues No/Months: ...... of fertilizers and other inputs. tude and frequencies culminat- So far a total of 119 community ing to the post election violence Fill in this form and attach a postal money order of Kshs. 660 and post back to:- members have been trained on of early 2008,”, he says. compost making using locally Western province is haunted Institute for Civic Affairs and Development available residues, weeds and by identity based conflicts, -in P.O. Box 7438 - 00200 Nairobi farm wastes. dustrial conflicts for instance RICO has empowered local between sugarcane factories The Link, May 2010 28 NEWS Ministry moves to implement Tobacco Control Act By AGGREY BUCHUNJU shows that 5 million deaths occur Cultivation of tobacco was in- annually due to the effects of to- troduced in Kenya in 1907 and its The ministry of Public Health and bacco use. trade and consumption has since Sanitation and the Institute for Despite the several risks associ- grown immensely. Legislative Affairs (ILA) have em- ated with tobacco use, the current In Kenya it is grown by a bout barked on a campaign to sensitize epidemiological survey results 20000 small scale farmers on a local authorities on the Tobacco conducted by ILA shows that 26 bout 15000 hectares of land in Control Act 2007. percent of the general Kenyan some parts of Nyanza, Western, The campaign, which includes population smokes tobacco. Central and Eastern Provinces. the training of personnel from the This percentage translates into Tobacco contains over 4000 provincial administration, public about 8.4 million Kenyans who are substances, 400 of which are health, municipal councils, the currently addicted to the nicotine known to be injurious to human police and Civil Society Organiza- in tobacco. health while about 40 are known tions, aims at building the national According to Mr. Vincent Ki- carcinogens. capacity for the monitoring and mosop of ILA, the survey also in- Some of the contents of tobacco implementation of the Act. dicates that the rate at which girls products are: Nicotine, Ammonia, The Kenya Tobacco Control are now taking up the habit is al- Acetone, Methanol, Naphthalene, Act 2007 was enacted into law on most the same as that of boys. Cadmium, Carbon monoxide, Tol- October 8, 2007. It however, came Mr. Kimosop attributes the uene, Butane and Hydrogen Cya- into force on July 8, 2008 after a 9 alarming rate of the youth indul- nide among others. month compliance period. gence in smoking to illicit trade in Nicotine is a highly addictive The Act provides a legal frame- tobacco products which he notes substance that leaves consumers work for the control of production, with regrets that is rampant in the dependent on tobacco and alters manufacture, sale, labeling, adver- country. brain functioning with studies in- tising, promotion, sponsorship and “Illicit trade does not only result dicating that smokers continue to of tobacco products including ex- in loss of revenue but also leads to smoke in order to avoid the pain of posure to tobacco smokes. affordability and accessibility by withdrawal symptoms. It is also aimed at protecting Meth Mugo: Public Health and Sanitation minister minors hence, undermines tobacco Besides, nicotine is a drug, the health of the consumer bearing control effort,” he says. weed killer and insecticide despite in mind that tobacco is one of the dressed by the policy makers serves will protect the public from Ms Elizabeth Ayoo, a lawyer being usually underestimated by leading causes of preventable dis- Mr. Longolomoi urges the the hazardous effects of exposure attached to the Tobacco Alcohol the consumer and the general pub- eases and death globally. provincial administration, public to and use of tobacco. Free Initiative (TAFI) appeals to lic who are at risk of exposure to The Act further protects the health officers, enforcement offic- He spoke amidst astonish- the arresting officers to quote rel- second-hand tobacco smoke. consumers of tobacco products ers in local authorities, the police ing revelations that the number evant sections in the Act in order Tobacco, like HIV/AIDS, caus- from misleading and deceptive and civil Society organizations to of deaths associated with tobacco to solidify cases against offenders. es debilitating effects and often fa- inducements and instead informs enforce and monitor the imple- consumption are likely to double Tobacco and HIV/AIDS are tal diseases and conditions hence, them of the risks of using tobacco mentation of Tobacco Control Act by 2030 if the global trend on to- the two fastest growing causes of its use is a major risk factor for ma- products as well as exposing other 2007. bacco use continues. death in the world presently. jority of chronic diseases. to these risks. He appeals to the officers to A report released by the World Tobacco is an agricultural prod- Some of the diseases tobacco However, the enforcement rate conduct swoops on a regular basis Health Survey in conjunction with uct processed from the fresh leaves use causes includes heart disease, has been wanting. The National in their areas of jurisdiction to help Kenya’s Ministry’s of Health, of plants in the genus nicotine. hypertension, cancers of lung Tobacco Control Enforcement Co- apprehend individuals who contra- division of Non-communicable The crop has been known to larynx, mouth, urinary bladder, ordinator Mr. Ibrahim Longolomoi vene the Act and arraign them in Diseases (NCDs), Kenya Global man since 3500 B.C and was intro- stomach and esophagus, abortion, says that tobacco control issues court. Youth Tobacco Survey and Insti- duced in East Africa in 1560 by the reduction in libido and impotence have not been sufficiently ad- The move Mr. Longomoi, ob- tute for Legislative Affairs (ILA) Portuguese and Spanish traders. among other diseases.

By AGGREY BUCHUNJU ence learned from KEFINCO where the projects equipments were stolen The long quest by residents of Bun- or vandalized with impunity due to yala West location to have access to lack of effective community involve- Bunyala residents to ment we, have decided to involve the clean drinking water may soon be realized. community for security and sustain- This follows a disbursement of ability purposes,” he says. Kshs. 6,694,473 to the location by The water service provider board the Lake Victoria North Water Serv- chairman cautions the project man- ices Board (LVNWSB) chairman access clean water agement committees against cheating Mr. Joseph Mununga. during procurement process. The money donated by Water He also urges the committees to Services Trust Fund (WSTF) is to be display signboards on all the projects utilized in two phases and will focus in order to bar other people or organi- on water and sanitation projects in zation from associating themselves the area with the projects by claiming credit During the first phase, a total of where not due. Kshs. 3,891,625 is to be used for dig- Mr. Murunga was speaking re- ging of boreholes, construction of cently at Nan’ganda chief’s centre water springs and toilets in the three where he handed over the cheque to sub-locations. Bunyala West Water and sanitation Already sites for putting up the project chairman Mr. Hassan Erima. facilities have been identified and Speaking at the same function work on the projects has begun in Kakamega Central District Water earnest. Officer Mr. Simon Kinyongi urged Area residents will only have to the beneficiaries to take care of the wait for a little while before they can projects through close supervision access adequate and safe water for during and after implementation. domestic use. Sidikho Sub-Location is stony Mr. Murunga says that the im- and hilly, perhaps which is why it plementation process favours the took the lion’s share of all the water Community Project Cycle (CPC) and sanitation projects being under- approach as a sure way to guarantee taken in Bunyala west location. sustainability and success. A retired nurse from the sub-lo- Mr. Murunga, points out that the cation says that due to the hilly land- project has a self financing mecha- scape area residents have been drink- nism, effective management struc- ing dirty water during the rain season. ture, effective participation of ben- Mr. Hellen Oyalo, the immediate eficiaries, a constitution with clearly Water Minister Charity Ngilu commissions the community water projescts the part of the former nursing officer in change of defined roles and above all, effective country. Photo/File Kharanda dispensary claims that peo- monitoring and evaluation system ple in the area have been getting sick to ensure the project remains in the projects in Western Province espe- programme (KEFINCO) collapsed proach, a factor, he adds, ignores the every now and then because water right course. cially those financed by the Ken- because the implementation proc- issue of sustainability. sources get flooded with dirty water He claims that previous water ya- Finland Western Water supply ess was based on supply driven ap- “Because of the previous experi- when it rains. The Link, May 2010 NEWS 29 Murang’a Kazi Bura terror gang put on notice kwa Vijana By KAVYU KURA names to the Security team east and the Oramas of the new innocent residents and added gets funds that included the DCs Mar- Bura district came in the wake that he was sure that the local In a rare gesture to cultivate tin Mwaro ( Mwingi east), of murder of a 56 year old population had the capacity to By BONIFACE GIKANDI peace and good neighborli- Reuben Loyotaman(Bura) Kamba farmer by suspected help the government deal with ness, Bura district residents and Peter Maina (Kyuso), Mr members of the terror gang. the menace once and for all. The government has allocated Kshs7 have handed over the names Abdi said that it was a clear Since the killing of Kiniu DCs Maina and Loyotaman million to Murang’a Municipal coun- of a suspected terror gang in indication that area residents Muriaku at his Musovo vil- called on residents who ille- cil to oversee the Kazi kwa Vijana their midst. wanted crime eliminated from lage in Ukasi location, tension gally owned guns to take ad- programme. About 200 youth will The gang is blamed for a be hired for various jobs in the pro- the area. had mounted with some mem- vantage of the government am- gramme to be supervised by the coun- spate of robberies and deaths He pointed out that the par- bers of the Kamba Community nesty and voluntarily surrender cil, area District Commissioner and in neighboring Mwingi East ents of two of the suspected planning to avenge the killing. them to the government or else the District Youth Officer. district. killers were even present at The Mwingi east DC urged they would be forcefully dis- Speaking at the town hall dur- Councillor Ali Salah Abdi the same public meeting and local leaders to shun incite- armed and prosecuted. ing launch of Kazi kwa Vijana pro- of Tana River county council demanded that the law enforc- ment to violence between the The two administrators cau- gramme, Murang’a Mayor Joseph led the community in handing ers should use their discretion two neighbouring communi- tioned that it was impossible to Njoroge says more funds will be al- over names of four most want- located by Ministry of local govern- to force them to disclose the ties even as he urged the peo- achieve peace when some resi- ment. Njoroge however called on ed members of the outlaws to whereabouts of their criminals. ple of Bura to help security ap- dents illegally owned firearms the youth who have been selected to the District Security Commit- The meeting at Mwanzele paratus arrest the gang. adding that a massive gun mop benefit from the programme to use the tees from the two districts and -Serengeza area whose own- Mr. Mwaro said that the au- up exercise would be launched funds wisely. the neighboring Kyuso district ership is also in contention thorities will have no mercy on if the locals defy the directive “I do not want a situation where As he handed over the among the Kambas of Mwingi criminals bent on terrorizing to surrender the arms. I will be called to the police stations to secure release of some of the youth after they are arrested by police for being drunk and disorderly,” says the mayor. Clerk to the council Mr. Samuel Road constructors put on notice Njogu lauded the government for hav- ing chosen Murang’a among other By MORRIS GITHENYA municipalities in Kenya to benefit from the millions of shillings to sup- The government has launched a moni- port Kazi Kwa Vijana programme. toring mechanism in order to backlist Njogu says the youth will be used companies behind shoddy construction in un blocking drainage systems, and works in the country. rehabilitation of roads and beautify- Roads Minister Franklin Bett says it ing the town. “More funds are being was a pity that initial report reveals that awaited from the government for the some of the construction companies success of the youth programme,” have been doing shoddy work while says the Clerk others were running behind schedule Murang’a East DC George despite being paid from government Natembeya says the programme is coffers. among many that have been tailored The Minister cites the pathetic state by the government to help secure their of Kenol-Murang’a road which was earnings. rehabilitated last year at a total cost of Kshs200 million only for potholes to emerge a few months later. The Minister spoke in Murang’a when he inspected road network in Ki- Nyaga urges haru constituency where he announced that the government has set aside cooperatives to Kshs1.5 billion to oversee the construc- tion of 35 km Mukuyu- Kahuro- Gith- obey the law ambo road. The contractors, he says should ad- By JOEL JUMA here to the contractual agreement be- tween them and the government. A section roads currently being built in the country. Inset: Minister for Roads Franklin Bett. Cooperatives minister Joe Nyagah has “Contractors must abide to the bind- told cooperative societies to comply with ing agreement to ensure that they com- among other utensils at the expense of the vehicles were allowed to use the re- a threat to security and did not auger the Act governing their operations or face plete work within time, provide quality innocent lives lost through accidents,” carpeted section,’ says Bett. well for potential investors. deregistration. work instead of engaging the govern- says Bett who is also the Bureti Mp. During the visit Kiharu Mp Muturi “Once the road is done a lot in The Minster said the Government ment in a cat and mouse game when in He says newly constructed roads Mwangi demanded that the government terms of development will be achieved will soon gazette new regulations aimed need of explanations,” says the Minister. have turned to death chambers owing to commit funds to construct Mukuyu- as many motorists fear using the route at regulating the operations of savings Bett however warns the public drivers who travel at high speed. Kahuro- Githambo road which was in owing to high cost of maintaining their and credit cooperative societies. against stealing sign posts along the ma- He cites the Lanet-Njoro, and oth- pathetic state. fleets,” adds the DC. He says the new regulations will en- jor highways as they help guide motor- er sections in the country which had “This time my Kiharu people want Others who accompanied the min- sure societies are supervised and moni- ists plying the routes. turned to death traps claiming hundreds an assurance from the government that ister were Roads Permanent Secretary tored by the regulatory board. “It’s a shame that many of the signs of lives. the road will be done,” says the MP. Eng Michael Kamau, Kenya Rural “We have already put in place a Sac- posts are vandalized by people who use “In the Njoro turn off more than 50 Murang’a East DC George Natem- Roads Authority Director General Eng. co Societies Regulatory Authority Board them to make frying pans and sufurias lives have been lost only months after beya says the poor state of the road was Mwangi Maingi. and soon it will kick off its operations,” says Nyagah, who is the minister for Co- operatives. Nyagah says societies running Front Office Service Activity (Fosa) illegally Prelates urged to join state in peacebuilding would be the first causalities in the new regulations. By AGGREY BUHCUNJU God knows no tribe or race those will- minister who is biased and advances deavors to promote harmony. The minister spoke during the launch ing to join his ministry should discard ethnic and hatred does not serve the “The sheep must identify the voice of the Wevarsity Savings and Credit Arch Bishop Habakkuk Onyango tribalism and racism at all costs. purpose of Gods ministry. of their shepherd for peaceful co-ex- Cooperative society in Masinde Muliro Abogno of church Christ in Africa He avers that God’s ministry is the Arch Bishop Abogno adds that a istence to prevail,” the Arch Bishop University of Science and Technology in (CCA) has urged church ministers to best place for one to work but quickly biased and tribal church leader has no adds. Kakamega. rise above their denominational divide cautions those who want to join it to business being in the God’s ministry Arch Bishop Abogno was speak- Nyagah explains that the board will and tribal cocoons and assist the gov- repent, to be truthful and to embrace because he is most likely to divide the ing recently at St.Jonhson’s Nam- handle registration and auditing of books ernment in peacebuilding and conflict love. flock along ethnic lines. bacha C.C.A church in Kakamega of accounts of societies to ensure socie- transformation. “God is love and whoever opposes “A Good shepherd should regard Central District when he ordained ties operate within required standards. Abogno observes that peacebuild- love opposes God which is why it is all his sheep as equally important and Arch Deacon Shadrack Juma Makari He notes that the cooperative move- ing and enhancement of the national important for the church ministers love them all”, he says. as Bishop . ment currently has savings that amount cohesion are some of the responsibili- to love all people regardless of one’s The clregymanat the same time The colorful ceremony was at- to Kshs180 billion with an asset base of ties of prelates. tribe and social status,” he says. urges the faithful to respect and sup- tended by C.CA faithful from all Dio- Kshs200 billion, which require monitor- The Arch Bishop argues that since The prelate says that a church port their spiritual leaders in their en- ceses in Kenya, Uganda and Tanzania. ing for sustainability of the sector. The Link, May 2010 30 NEWS

By MORRIS GITHENYA Mwingi Murang’a lands registry has been turned Fraudsters throng into a criminal den where unsuspecting Christians people are unwittingly walking into in- tricately woven cartels. Hundreds are be- and Muslims ing conned on a daily basis in the name Murang’a lands office of being sold non existent pieces of land. The most intriguing part is that the granted authority by a Thika court after support new cartel has been able to forge documents succession matter. of deceased persons and sold their land It was however discovered that court without raising a single eyebrow. proceedings were forged. The executive constitution In a recent case, the family of Kiai officer at the Thika court refuted claims Kagure was puzzled after it emerged that that succession case number 347/08 in- By KAVYU KURA their father who died 27 years ago (1983) volved such parties. The saga of fake sold his land in Makuyu on November documents finding their way into the THE recent approval without 17, 2005. The same piece of land was lat- land registry emerged after the rancher amendments of the Committee of er sold to another person on April 2008. went to search status of his land only a Experts (CoE) draft constitution by The family only detected early this year few days after Brenda obtained a title parliament has earned accolades in that the parcel of land Makuyu/ Kimor- deed. equal measure from both Chris- ori/block 3763 had twice changed hands Brenda had faked to be a beneficiary tians and Muslims in Mwingi. without their knowledge. of five acres of land that was left behind Reverent Bishop Robert Mutua In April 2006, their dead father pre- by Gachambi John alias Margaret Gach- sented himself in Nairobi KRA office Mutemi and Islamic imam Thabit ambi. Hassan welcomed the MPs deci- where he obtained a pin certificate no Last year, the former Murang’a A003779415D before embarking on the sion to pass the draft without any South DC Chris Musumbu instructed amendment as the best gift to Ken- said transactions. His son Caxton Kamau Murang’a lands office to put on hold told The Link that the family had never yans in their long drawn search for a transaction on Maranjau settlement a new constitution. sold the land and only discovered the scheme after the exercise was marred by anomaly after they felt that they needed complaints of double allocations by both Bishop Mutua who is the head to evaluate the status of the land. Another the lands registry and Maragua County of the Global Vision Church in interesting case involves Gatiku tea buy- council. Kenya said the move was com- ing centre in Kiamuturi and a family in In a circular to the then Murang’a mendable and a worthwhile step the neighbouring area. Lands Registrar Penwell Nyamweya, towards achieving a new consti- The Family of Michael Marioko the DC ordered a halt to all the transac- tutional order which Kenyans had Kagunda believes their late father never tions touching on land meant for squat- sought for many years. sold any parcel of land to the buying cen- ters after it became clear that there were Bishop Mutemi said that al- tre committee. massive cases of double allocation. though there were still the unre- Available documents indicate that A report by the task force appointed solved issues of the Kadhi’s court Kagunda died on May 28, 1982 at by the DC revealed cases of mass col- and abortion, they did not make a Murang’a District hospital only for him lusion between employees of Maragua strong base for the Christians to to transfer the said land on December 22, Kiai Kagure who died in 1983 only to appear in 2005 to County Council and those at land regis- reject the draft at the referendum. 2008 and a title deed issued on the same allegedly disposed off his land to Gichohi Kabaire before it try to deny the poor their rightful land. “Despite its glaring shortcom- day. was again sold to Ndegwa Gachathi. Peter Mburu of Kenol market, de- Owing to the protracted land dispute, ings, the draft has a lot of good tails how his father discovered land he things in terms of democracy, some of the family members have been card had been plucked off to please the istered as in the case of land belonging had been allocated by the council hand denied access to the buying centre and equality, freedoms, equitable re- buyer but was later slipped back after ex- to Josphat Kamande Kiarie Makuyu/Ki- changed hands and a title deed issued to source distribution and also putting were as a result incurring huge loses. ecution of the mission. morori/Block1/1542. the new occupants. Brokers who have pitched tents at Upon investigations, it was estab- Ruth Wambui Kimani is a worried a check on dictatorship and excess- Cases of disappearance of green es of the president,’ says Bishop the registry have mastered the art with lished that the buyer had been conned by person after she discovered that her land cards are recorded on daily basis when ease and are able to penetrate the land of- the impersonator from Nanyuki. in Kamahuha location has two land own- rightful owners turn up to search their Mutemi when he talked to The fice where they access green cards and Another land belonging to John ership documents under different names. land. Link in his Mwingi town office. change them at will after which they sell Muthua Mwangi registered as Loc 2/Ma- Another case is Beatrice Nduta Ka- The District Lands Officer Douglas He suggested that in order to fictitious pieces of land to unsuspecting komboki/838 was transferred to Michael munde wife to the late Chief Inspector Mukua accused his juniors of instigat- ensure that the clauses on abor- buyers. Thuku who was issued with a title deed Timothy Kamunde who was in charge of ing the disappearance of green cards and tion and the Kadhi courts were Last year, a person from Nanyuki despite the fact that Kigumo district land Makuyu Based Flying Squad whose land other crimes committed at the registry. expunged from the constitution in town purported to own a piece of land board had revoked the transfer the first at Kenol market has been sold despite the “We are trying a lot to ensure records future; the Christian community in Nginda location of Maragua division party raised an issue. fact that she has valid documents. are not tampered with and have always in the country must seek to vote to and went ahead to place notices indicat- The land control board chaired by Nduta says land registered alerted the police in case we suspect foul parliament committed Christians ing that he wanted to dispose his land at DC Omar Salat later learnt that trans- 114317/A/C/Makutano Gitura regis- play,” says Mukua. Murang’a CID Boss who would spearhead the neces- Kshs3.5 million. fer was facilitated by some unscrupu- tered in her husband name has already Lenny Kisaka says they were handling sary changes from the floor of the With the assistance of brokers, the lous individual at the corruption riddled changed hands. many cases from the lands office follow- august house. potential buyer was taken to the land Murang’a Land Registrar office and ap- “All this is happening when I have ing complaints. “We should prepare to take true office to prove that the land on sale be- plication forms dispatched to the Com- the original title deed,” says tearful Ndu- Last year, he says that a couple was passionate Christians who after the longed to the party in question before missioner of Lands in Nairobi for ratifi- ta as she struggles to feed her children in arrested at the registry after they were they sealed the transaction. Months later, 2012 election will bring to parlia- cation. her Makuyu home. found in possession of a fake High Court ment a bill that will ensure these the new buyer got a shock of his life The DC has since ordered police to Other parcels of lands which are order to facilitate the processing of a ti- when another person claiming to be the contentious issues are sorted out. carry out investigations to establish how subject to protracted disputes resulting tle deed. “We have several cases before The draft is okay, save for that it owner of the plot showed up. the title deed had been issued before he from illegal transfers are that of a Nany- the court and investigations always point After a heated argument they both can release the transfer forms from his uki rancher John Jessel which was early suffers from tooth ache. The an- to a high level of forgery to acquire title noying teeth can be extracted as agreed to jointly visit the lands office, desk. Unknowingly, many parcels of this year secretly transferred to Brenda deeds through collusion of employees at where it emerged that the original green land in Makuyu division are double reg- Wanjiru Kabue after she was allegedly the registry and outsiders,” says Kisaka we forge ahead,” said the Bishop. Speaking during the lunch time prayers at the Mwingi Town mosque, maalim imam Hassan told Muslim followers to supplement the MPs move by voting over- Rights groups root for minority rights whelmingly for the draft constitu- tion during the referendum. and People’s Rights. cially now that the country is in the alized communities and contribute to Pointing out that the MPs de- By PETER MUTUKU Recently, the commission ordered process of enacting a new constitu- the wider goal of achieving national cision had effectively pre-empted the restitution of Enderois ancestral tion. cohesion,” said he. Kamuren said the the sinister motives to expunge the A COMMUNITY land tenure system land situated around Lake Bogoria in Omar warns that failure to tackle trust land system as currently spelt out kadhi courts from the draft consti- should be entrenched in the constitu- addition to adequate compensation to the land problem could lead to degen- in the constitution has failed to protect tution through amendments, imam tion to safeguard the rights of indig- the community. eration of violence in the next general the rights of indigenous communities enous and minority communities. Hassan said it was now imperative In the ruling, the state was directed elections. such as the Enderois, Masai, Sengwer, for the Islamic community to vote Kenya National Commission on to allow the community unrestricted He says weaknesses within the Burji and El Chamus among others. Human Rights (KNHCR) and civil access to the Lake and surrounding judiciary had led to poor enforcement He said this was to blame for the in favour of the draft constitution society organizations say the current sites for religious and cultural rites as of land rights leading to oppression of dispossession of the Enderois from at the referendum. legislation does not recognize land well as grazing their cattle. marginalized groups by the state. their land in contravention of national “I am calling upon all Muslims rights for such groups. The ruling was followed by a de- Enderois community chairman and international law. to prepare themselves by acquiring This they say, was to blame for the mand by KNHCR to the state to act says the ruling should serve as a wake The groups say adoption of a com- new voters cards in order to effec- dispossession of the Enderois commu- fast and implement recommendations up call to the government to reevalu- munity land tenure system would tively silence those who wanted to nity of their ancestral land by the state by the African Commission. ate the rights and protection it accords compel the state to offer compensa- remove the kadhi courts once and leading to protracted court battles that KNHCR Vice chairman Hassan to indigenous and minority groups. tion and restitution whenever any for all by endorsing the draft con- culminated in the landmark ruling by Omar feels that the land issue should “It should set a precedent for ad- community or group is displaced from stitution at the referendum,” said the African Commission on Human be addressed comprehensively espe- dressing the concerns of the margin- its land. imam Hassan. The Link, May 2010 NEWS 31

By MARTHA KARUA It is important that we weigh our Mt. Elgon views on the draft constitution in per- Constitutional reforms spective of where we are as a country women urged and where we need to go. Kenya is at a juncture where we ur- gently need an array of reforms in the will move Kenya forward to fight child electoral, judiciary and police systems and we have a choice to strengthen abuse our progress towards attaining these By LUKE KAPCHANGA reforms. It is also imperative that we realize that the constitution alone is not enough to ensure the effective im- About 30 women from Mt. Elgon plementation of these reforms. district were last month trained on Good governance that is demon- paralegal activities. strated by respect of the rule of law The women drawn mostly from and accountability and does not con- Kapsokwony division were urged done corruption and impunity is an to promote reconciliation among essential component of successfully the communities, create awareness executing reforms. among government institution and I urge you therefore not to consider be actively involved in development the constitution draft as a single issue, issues . but as an essential piece of a larger They were challenged to push for puzzle that needs to be put together in cases which require attention of the order to move our country forward. police which traditionally are han- It is in this light that I would like to dled by chiefs and the clan. address two issues that have particu- As mothers, they were told to larly given rise to great debate. The monitor rampant cases of child abuse first issue is that of abortion. and campaign vigorously against At the insistence of the church wife inheritance and female genital groups and after receiving letters from mutilation, which was prevalent in the Episcopal conference and the Na- the area. tional Council of Churches of Kenya The training was organized by the , the Parliamentary Select Committee Western Kenya Human rights Watch (PSC) at Naivasha added the clause (WKHRW). However, the executive “life begins at conception” to the draft director of WKHRW, Job Bwonya constitution a position which strength- The chair of the PSC and Mr Kitonga (left). Photo/File asked the women to guard against in- ens the protection of the unborn child formation leakages as the community throughout the gestation period. emergency as determined by a health or health of the mother are in danger therefore understand in a comprehen- is suspicious of people who work to Furthermore the clause on abor- professional. are not liable for persecution. Other- sive way what exactly is in the Draft bring changes for development. tion says that “abortion is not permit- In the current constitution abortion wise by law, doctors would even be Constitution and what it means before “You need to be discreet and cor- ted” which clearly indicates that abor- is not mentioned. It is, however, an of- unable to save women who by nature we outright reject a document that is rupt free in order to assist the under tion is not legal. The misconception fence under our penal code to procure suffer miscarriage which medically is actually good and paves the way for privileged in the community,” said has been that the draft constitution an abortion and both woman and doc- also known as an abortion. us as a country to move forward. Bwonya. legalizes abortion and this is simply tor are liable to prosecution. The Med- Overall, the law as it is today in —The author is the member of par- They were also told to develop a not true. The only thing that is permit- ical Practitioners Act ensures medical our books has actually been elevated liament for Gichungu and former mechanism to resolve cases locally ted is a medical procedure to save the procedures that result in the loss of a to the constitution and given stronger minister for Justice and Constitu- and swiftly, as victims shy away due life of a mother or in the event of an pregnancy undertaken when the life provisions. It is important that we tional Affairs. to a tedious legal process. Understanding Kenya’s Raila routes out Ruto from plumb post By WILFRED MULLIRO lising their constituents to vote ‘No’ conference that he had talked to the against an alleged government stand President. education system In a mini- cabinet reshuffle on re- to vote ‘YES’. Trade Minister Amos Kimunya cently, President Mwai Kibaki has Mr. Kiprono Magerer, another will act as Minister for Transport in By SHAHEEN DARR National Examining Council (KNEC) ODM MP from Rift Valley closely al- a portfolio of former Minister Chirau and the Kenya Certificate of Primary moved William Ruto from the pow- erful Agriculture Ministry to Higher lied to Raila, has been posted to the Ali Mwakwere who lost his parlia- Kenya’s educational system has its Examination (KCPE) is awarded at Ministry of Energy as an Assistant mentary seat when the High Court the end of the 8 years if successful. Education, Science and Technology roots in the British colonial system as a minister. Minister to replace Keter. nullified his election as Matuga MP. and initially separate schools were set Since 2003 Primary Education has Mr. Ruto’s stand on the Constitu- Samuel Kazungu Kambi is the been made free and also compulsory Viewed by many as a demotion, up for the Europeans, Asian, African Mr. Ruto has simply swapped places tion is not the only event that has pit- new Assistant Minister for Medical and Arab populations. This system by President Mwai Kibaki. ted him against his party leader Raila, Services, while North Mugirango The secondary education lasts for with Dr Sally Kosgei, a fellow ODM had to change after independence in Member of Parliament from Rift Val- who is already on a countrywide tour MP Wilfred Moriasi Ombui has been 1963 where the need was now to edu- a period of 4 years and additional sub- campaigning for the constitution. appointed Assistant Minister in the jects like agriculture, business, music, ley. A statement from State House cate the increasing number of African Nairobi said the President made the Earlier the PM had attempted to Ministry of State for National Herit- people working in the industrial and computer studies, art and design are suspend Mr. Ruto from the Agricul- age and Culture, Office of the Vice also offered in addition to those of- decision in consultations with the PM commercial sectors of the economy Raila Odinga. ture docket over a multi-million shil- President. including governmental organisa- fered at primary level. Kiswahili is a lings maize scandal but the President The changes have been seen by subject that is compulsory as it is the Belgut MP Charles Keter, a strong tions. ally of Mr Ruto, also from the Rift overturned it. analysts’ as an ODM war of suprem- In modern Kenya the schools are language spoken by most Kenyans The PM’s credibility suffered acy pitying Party leader Raila Odinga though the English language is the Valley, was however sacked. either owned by the government, by Ruto and his allies mainly from when it emerged that he had actu- against his deputy William Ruto in private individuals or are run on the language used in most schools. At the ally not consulted the Head of State a protracted presidential succession end of the 4 years the Kenya Certifi- Rift Valley have stated they will reject Harambee principle which was first the Constitution and have been mobi- despite claiming during his press battle as 2012 elections draws nearer. introduced by the first President of cate of Secondary Education (KCSE) Kenya Jomo Kenyatta after Independ- examination has to be passed. ence. He encouraged wealthy people Students can then go on to study By THE LINK WRITER to join hands with the government and at colleges or Polytechnics for diplo- Thuo loses Juja seat help the rural communities of Kenya mas and certificates in Higher Educa- The judiciary has been blame by by organising charity events and giv- tion. These can be in engineering, the many Kenyans for frustrating the MP William Kabogo. similar fate in the Tenth Parliament ing donations. medical field or computer sciences to drive to deepen democracy and rule Thuo, now joins the record of include former Cabinet minister and The Ministry of Education is re- name a few. of law. casualties of a successful election pe- Matuga MP, Ali Chirau Mwakwere, sponsible for setting up the curriculum Other students go on to study at the However, with spate of rulings titions in the Tenth Parliament. and former assistant ministers, Joel to be taught in the educational institu- University of Nairobi or the Kenyatta that have seen both powerful and not- Mr Thuo goes on record as the Onyancha (Bomachoge) and Omingo tions through the Kenya Institute of University to further their educational too-powerful politicians lose their first Government Chief Whip to be Magara (South Mugirango). Education (KIE). qualifications. parliamentary seats in election peti- ‘whipped’ off his powers following a A host of petitions, whose rul- There is a 3 tier system of edu- There are also some international tions, it seems things are beginning to successful election petition. ing could go either way, are still on cation called the 8:4:4 educational owned private schools that offer an look up. Mr Thuo becomes the fourth Par- the card. These include the petition system which was started in 1985. educational curriculum that is based The latest victim is the powerful liamentarian to lose his seat in an against Housing Assistant Minister Primary education comprises a total on the London educational system and Chief Whip, Mr. George Thuo, who election petition since the last General and Starehe MP, Margaret Wanjiru. of 8 years and subjects taught include the USIU (United States International lost his Juja parliamentary seat. Election in 2007 in what appears to be A recount tally ordered by the court mathematics, English, sciences, his- University) is largest private universi- Commercial Court judge Luka a clear sign from the courts that they on Friday established she trails the tory, geography, arts and crafts. Ex- ty in East Africa which offers a variety Kimaru nullified Thuo’s election fol- ready to reclaim their independence. challenger and former MP, Maina aminations are held by the Kenya of courses for its undergraduates. lowing a successful petition by former Other MPs who have suffered Kamanda. Read The Link monthly for news affecting communities across Kenya The Link, May 2010

By MUSA RADOLI

enyans are losing billions of shillings annually due Report finds massive Kto mismanagement, cor- ruption and looting of devolved funds. There are no systems in place to check the use of devolved funds looting of devolved funds which take a huge chunk of the annual budgetary allocations to fi- RMLF, Constituency HIV/Aids, nance public projects. WSTF, and the MDGs Core pover- The situation has been aggra- ty eradication programmes among vated by government’s reluctance others. to relinquish its grip in the man- The report indicting the gov- agement and control of the funds. ernment says: “The funds were es- According to a report compiled tablished in an ad hoc manner and by civil society organizations, suc- often due to politically motivated cessive decentralisation policies in decentralisation policies. The con- the country over the years, have stitution of Kenya does not capture persistently been disjointed with the fundamental principles of the vast political motivations. state or the model of development. The research report entitled: As a consequence, the government Harmonization of Decentralised policies have been ambivalent to Development in Kenya 2010 was this.” conducted between June last year Therefore, states the report: and January this year by a con- “The consequences have only seen sortium of Non-governmental the funds being abandoned after organizations called Social and massive wastages and looting of Public Accountability Network the public resources. How many (SPAN) in collaboration with the achievements are we seeing today Kenya Human Rights Commis- in the country’s thirteen different sion (KHRC) and other develop- devolved funds?” ment partners. The final report says that failure The research was conducted in by the consecutive governments to eight constituencies randomly se- safeguard the devolved funds from lected from all the country’s eight political manipulation had resulted provinces. The eight constituen- in rampant duplication, overlap cies were Nyeri town (Central), and cheating in the processes of Mwatate (Coast), Baringo Central executing the various develop- (Rift Valley), Isiolo North (East- ment programmes and projects to ern), Mandera West (North East- which huge sums of monies had One of the CDF projects which failed to materialise. Photo/File ern), Makadara (Nairobi), Mumias been allocated in various constitu- (Western) and Kisumu town East encies across the country. at that level the capacity to receive as opposed to haphazard methods in the implementation process, (Nyanza). The other resulting negative and utilise powers and functions currently widely used. to achievement of clearly prede- The funds targeted in the re- impacts documented include dis- transferred to them in the devolu- “We need to integrate the dif- termined results in line with the search study included the CDF, empowerment of the people at the tion process. ferent development structures at results based management strate- LATF, Bursary Fund, SSEB, grassroots and denying the people “We witnessed that this has ad- the constituency levels as apper- gies. versely eroded commitment from tains to the central government, Through this the planning and development partners both from local authorities and non state national development, the min- the local and international sources actors. Strengthen the constituen- istry hopes to establish three sets as well stakeholders as was recent- cies’ involvement in the national of projects at the decentralised ly witnessed with the free primary budgetary processes by providing level that will include local, con- education cash embezzlement their participation in MTEF’S,” he stituency and regional or national saga. points out. projects to phase out overlapping, The Planning and National Mr. Kenneth argues that the duplication, conflicts and double Development Assistant Minister, proposed structures will set out financing of the same project from Peter Kenneth says plans are un- clear functions and mandates of several different devolved fund derway to set up a framework to various committees managing the kitties. oversee the management of the de- devolved funds, persons to chair Some of the major challenges volved funds and create structures them, as well as introduction of include empowering the commu- to finance them. new devolved committees. nities to entrench the culture of He argues that the rationale “There will be enlarged com- their participation in project iden- behind the proposed new man- mittees with wider mandates em- tification, prioritization, imple- agement framework is to enhance powered to oversee the planning mentation, monitoring and evalua- coordination of the multi-sector of all resources, community in- tion and above all ownership. stakeholders’ development efforts, volvement at all levels as well as He says that other challenges improve on the bad governance is- other interest groups through their identified include the development sues, increase the information flow forums, but above all there will be of clear guidelines for integrated between the constituencies, the clear distinction between imple- planning and prioritisation of ministry headquarters and other mentation, monitoring and evalu- projects at the constituency levels, stakeholders that remains wanting. ation and stakeholder structures,” budgeting, financial management, The assistant minister says he adds. procurement processes, convening that the other critical rationale is The assistant minister says that and conducting meetings, compo- to enhance coordinated planning, the proposed framework will be sition, functions, linkages, com- prioritisation and resource utiliza- seeking to establish a shift of fo- mittees’ chairpersons and mem- Mr Peter Kenneth: Assistant Minister for Planning and National tion to achieve the targeted results cus from service delivery bent out bership choices. Development

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The Link, May 2010 14 SPECIAL REPORT Proposed constitution addresses Kenyans’ concern Why a constitution? of its clear cut weaknesses in- onstitutions are The debate about constitution clude: l general agree- review in Kenya is drawing to Does not indicate a ments and under- background and identity as to standing common- a close amid uncertainties. In who Kenyans are, where they Cly arrived at by members of this issue, OCHANDA GIDEON are from and what brings them groups or citizens of a coun- together. It does not address the try. They lay out reasons for (pictured) gives factual highlights historical unfairness prevailing their coming together and set as education on the proposed at the time of independence or details of how to accomplish a commitment to redressing it. l them for the overall good constitution picks in earnest. Does not provide for princi- and the good of each indi- ples, goals and values that Ken- vidual member or citizen. yans are to pursue as a people. ferred to as the national cake. l Wholesome recognition Does the Current Kenyan l Does not adequately ad- l The cake gets distributed of individual rights and fun- constitution add up? Why are Constitutions Im- dress the relationship between for common services that damental freedoms The current Kenyan consti- the people, government and the portant? promote individuals wellbe- l Responsibilities and obli- tution is a product of what Constitutions are a source state ing, i.e., security, social serv- gations of citizens is commonly referred to us l of identity. It is what ac- Does not provide for socio- ices and infrastructure, etc. l Government structures the Lancaster negotiations. economic and development knowledges the differences Should constitutions be that safeguard and guarantee It came into force in 1963 between people, groups and rights different? citizen’s rights and benefits but has since been subjected l Allows for discrimination territories. Constitutions The basis of having con- l Resources and equal re- to a series of amendments give unique definitions to based on matters of burial, stitutions is similar but the source distribution mecha- by parliament. The first 10 adoption, marriage, divorce and each group. They set reasons intensions and processes of nisms amendments that were con- as to why individuals deem property inheritance formation makes constitu- l Clear separation of pow- cluded by 1969 fundamen- l Deprives direct citizenship to it necessary to come to- tions different. The contents ers and roles of state organs. tally changed the constitu- gether. These could be com- those born of Kenyan mothers of constitutions are there- l Clear checks and balances tion to what it is today. While but of foreign fathers. mon histories of struggle i.e. fore based on intensions and on power both horizontally it might have been prudent against poverty, domination, processes. However, modern and vertically for the changes to conform The constitution further fails by discrimination etc. national constitutions are ex- l Citizen participation in to the historical needs of the Through a constitution, providing for: pected to address certain ba- the overall governance and time, experiences and prac- l Only one central government people declare their commit- sic principles. These include: immediate levels tice over the same period has ment to set aside a negative that is far from the people. Does l Placing a preamble as an l Affirmative provisions for demonstrated that the consti- not provide for any type of de- past and indicate a drive to opening introduction to spell the minority and the margin- tution has been a source of a better future. Constitutions volved authority. out identity, background, alized imbalances and general inse- l An all powerful president clearly indicate the position purposes and commitments curity in the country. Some or benefits to the individual member /citizen in what are generally referred to as rights. It is upon the safe- guard and achievement of rights that: l Members/citizen respon- sibilities are determined i.e. participation in elections, payment of taxes and gov- ernment l Governments (structures, positions, offices) are -cre ated l Structures and offices giv- en authority and powers as trustees. l Authority and power cre- ated is checked in order not to harm the individuals. Checks can only be guar- anteed when functions and roles of each authority are separated from one another. Separation promotes ease of accountability, transparency and responsiveness. l Individual efforts are har- nessed to constitute a na- tion’s wealth sometimes re- Members of the public receive copies of the proposed constitution ahead of the referendum. The Link, May 2010 SPECIAL REPORT 19 Proposed constitution addresses Kenyans’ concern serving in all the key arms of address Kenyans’ concern? the government. The president The proposed constitution is a sole appointing authority of l recognizes Kenyans and the cabinet and all other institu- places sovereignty in the tions of government people l A disproportionate represen- l sets national values, prin- tation in the house of represent- ciples and goals and appreci- atives (parliament) ates the diversity of Kenyans l No separation of functions. l elaborately provides for The Cabinet seat in both parlia- wholesome individual rights ment and the executive. Cabi- and fundamental freedoms net number determined by the l extends citizenship right president by providing for dual citizen- l No formal judicial independ- ship and allows for recogni- ence tion of those born by Kenyan l Does not provide means for mothers without condition equitable distribution of re- as to who their fathers are sources l provides for affirmative l Does not provide for the ben- commitments in all aspects efits derived from natural re- of daily life. sources In terms of governing l Does not address the basis structures, the proposed of production particularly land. constitution establishes a Only Trust land is recognized National Government and by the constitution. a County Government (de- volved government). What constitution do Ken- The National government yans want? is charged with national pol- From the views that collected icies and standards, national earlier by the CKRC and the legislation and other specific subsequent efforts including functions that are clearly the current Committee of Ex- listed. The national func- perts. Kenyans need a constitu- tions are to be performed by tion that: national institutions which l recognizes them, their values include; and aspirations i. Parliament (the National l safeguards rule of law (equal- Assembly and the Senate) ity before the law, respect of the ii. The Executive ( The Pres- law) ident, Vice President, the l promotes people’s involve- Cabinet, Principal Secretar- ment and clear participation in ies) government iii. The Judiciary (Supreme l expands the bill of rights to Court, Court of Appeal, include socio-economic, mi- High Court, Magistratery nority and marginalized group and Tribunals) annual revenue collections. of parliament can be re- rights iv. Independent State offices The overall governing (Approximately Kshs. 80 called l reduces the powers of the (Attorney General, Director framework is to ensure: billion if it were to start in l Recognition of all president of Prosecutions, Controller l Leadership integrity and the current financial year di- categories of land. Indi- l relocates the extracted pow- of Budget, Auditor General selfless service to the people vided among 47 counties) vidual right to property ers of the president to other or- and National Commissions). l Proper independence, l Rule of law. The judiciary is safeguarded gans of government (new and The County Governments separation of roles and func- is enhanced. Prosecution is l Transitional arrange- old) are established as the main tions of state institutions removed from the AG to an ment that allows for l separates powers to promote public service providers. l Checks and balances. The independent office of. continuation of most of transparency and accountabil- Their structures are a replica president can not act alone l Adequate participation of the current elective po- ity of the national structures. without approval of parlia- the citizens. sitions until 2012. Other l creates proper check mecha- i. Parliament called a County ment including all appoint- l Political parties are pub- governing structures like nism in governance Assembly. ments. lic funded but are monitored provincial administra- l promotes equitable distribu- ii. The Executive called an l Adequate distribution of and audited just as state in- tion are to be slowly re- tion of resources and opportu- Executive Committee national resources and af- stitutions. arranged within 5 years nities iii. Judiciary same but effect- firmative arrangement to to be in line with the new l ensures affirmative provi- ing both National and Coun- uplift the historically mar- Other unique provisions in structures. sions and exclusion of all dis- ty laws ginalized areas. Transfer of the proposed constitution in- • Amendments on criminations. iv. Independent offices same national funds to the county clude: provisions in the con- l devolves government to but works on agreed terms governments is guaranteed l Independent candidates to stitution can be initi- grassroots with the County Govern- and placed at a minimum contest in elections ated even by the citizens Does the proposed constitution ment of 15% of total government l Non performing Members themselves.