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Chapter 20 Constitutional Commissions And
CHAPTER 20 CONSTITUTIONAL COMMISSIONS AND INDEPENDENT OFFICES IN KENYA AND AFRICA: EXPERIENCES, CHALLENGES AND OPPORTUNITIES1 This Chapter may be cited as: Ben Sihanya (due 2021) “Constitutional Commissions and Independent Offices in Kenya: Experiences, Challenges and Opportunities,” Chapter 20 in Ben Sihanya (due 2021) Constitutional Democracy, Regulatory, and Administrative Law in Kenya and Africa Vol. 1: Presidency, Premier, Legislature, Judiciary, Commissions, Devolution, Bureaucracy and Administrative Justice in Kenya, Sihanya Mentoring Prof Ben Sihanya Advocates, Nairobi & Siaya 20.1 Problem Statement on Kenyan Constitutional Commissions and Independent Offices Why have the Constitutional Commissions and independent offices CCIOs not delivered on the constitutional promise of popular sovereignty, liberty, service delivery and constitutional democracy? Why does tribal colonialism, tyranny and hegemony persist in elections, appointments, contracts, tenders, service delivery and manipulation and intimidation especially in public service in spite of the constitutional commissions and independent offices? In the ensuing sections of this Chapter, an Afro-Kenyanist conceptualisation and problematisation is used in analysing constitutional commissions and independent offices. I have also discussed some of the debates regarding CCIOs in the context of Building Bridges Initiative (BBI) 2019 and 2020 reports, and the Constitution of Kenya (Amendment) Bill 2020. Sovereignty has at least three components under the Constitution of Kenya 2010 and in constitutional theory and practice. First, sovereignty is the constitutive power including constitution making and constitutional amendment. Second, sovereignty is the power to elect, impeach or recall governors or rulers. Third, sovereignty is the power to monitor and evaluate the government, governors or rulers, governance and to hold them accountable. This chapter assesses the meaning, mandate, operation and significance of constitutional commissions and independent offices. -
July 2020 Focus.Cdr
UNIVERSITY OF NAIROBI September 2020 VarsityFA magazineocus of the University of Nairobi UoN'sUoN's 88thth VVice-ice-ChancellorChancellor UNIVERSITY OF NAIROBI Our Vision A world-class university committed to scholarly excellence Our Mission To provide quality university education and training and to embody the aspirations of the Kenyan people and the global community through creation, preservation, integration, transmission and utilization of knowledge. Our Core Values • Freedom of thought and expression • Excellence • Care • Good governance • Innovativeness and creativity • Partnership and teamwork ISO 9001:2015 CERTIFIED VarsityFocus I N S I D E Prof. Stephen Kiama installed as UoN's UNIVERSITY OF NAIROBI 8th Vice-Chancellor VarsityFocus 5 Published by Office of the Vice-Chancellor Director of Corporate Affairs University of Nairobi P.O. Box 30197 - 00100 Nairobi Tel: 020 4913193 Experts speak on Email: [email protected] COVID-19 pandemic www.uonbi.ac.ke Copyright 15 University of Nairobi, 2020 All rights reserved Editor John A.O. Orindi, mCIPR Alumni Association Assistant Editor targets 1000 students Pamellah Asule for scholarships Consulting Editor 19 Otuma Ongalo Editorial Team Mariam Maina , mCIPR Peter Muturi Johnson Kinyua Brian Ouma UoN in talks for Peter Wekesa Esther Nekesa GIS Laboratory Peter Oluoch Naomi Nyaboga B.D Njuguna 32 Julius Thuranira Immaculate Kadikiny Silas Katam Photography Charles Muriuki Students tipped on Kevin Wamola Peter Oluoch Huawei certifications Creative Design 41 Kevin Wamola www.uonbi.ac.ke 1 VarsityFocus Editorial team John A.O. Orindi, mCIPR Pamellah Asule Otuma Ongalo Editor Assistant Editor Consulting Editor Editorial members Mariam Maina, mCIPR Peter Muturi Johnson Kinyua Brian Ouma Peter Wekesa Corporate Affairs Ag. -
THE KENYA GAZETTE Published by Authority of the Republic of Kenya (Registered As a Newspaper at the G.P.O.)
SPECIAL ISSUE THE KENYA GAZETTE Published by Authority of the Republic of Kenya (Registered as a Newspaper at the G.P.O.) Vol. CXXI—No. 58 NAIROBI, 7th May, 2019 Price Sh. 60 GAZETTE NOTICE NO. 4387 IN EXERCISE of the powers conferred by section 6 (1) (a) of the State Corporations Act, I, Uhuru Kenyatta, President of the Republic THE COMPETITION ACT of Kenya and Commander-in-Chief of the Defence Forces, appoint— (No. 12 of 2010) JUVENAL J. M. SHIUNDU APPOINTMENT to be the Chairperson of the Kenya National Shipping Line, for a IN EXERCISE of the powers conferred by section 10 (1) (a) of the period of three (3) years, with effect from the 6th May, 2019. Competition Act, I, Uhuru Kenyatta, President and Commander-in- Chief of the Kenya Defence Forces appoint— Dated the 6th May, 2019. UHURU KENYATTA, NELSON NDIRANGU (AMB.) President. to be the Chairman of the Competition Authority, for a period of three (3) years, with effect from the 6th May, 2019. Dated the 6th May, 2019. GAZETTE NOTICE NO. 4390 UHURU KENYATTA, THE STATE CORPORATIONS ACT President. (Cap. 446) THE KENYA VETERINARY VACCINES PRODUCTION GAZETTE NOTICE NO. 4388 INSTITUTE ORDER, 1990 THE KENYA MEDICAL SUPPLIES AUTHORITY ACT APPOINTMENT (No. 20 of 2013) IN EXERCISE of the powers conferred by paragraph 3 (a) of the APPOINTMENT Kenya Veterinary Vaccines Production Institute Order, 1990, I, Uhuru Kenyatta, President and Commander-in-Chief of the Defence Forces IN EXERCISE of the powers conferred by section 5 (1) (a) of the of the Republic of Kenya, appoint— Kenya Medical Supplies Authority Act, 2013, I, Uhuru Kenyatta, President and Commander-in-Chief of the Kenya Defence Forces WABACHA JAMES (PROF.) appoint— to be the Chairperson of the Board of the Kenya Veterinary Vaccines JAMES KEMBI GITURA Production Institute, for a period of three (3) years, with effect from the 6th May 2019. -
National Assembly
February 13, 2018 PARLIAMENTARY DEBATES 1 NATIONAL ASSEMBLY OFFICIAL REPORT Tuesday, 13th February 2018 The House met at 2.30 p.m. [The Speaker (Hon. Muturi) in the Chair] PRAYERS Hon. Speaker: Hon. Members making your way, please do so quickly. Kindly take your seats. Those who are making their way in still have enough time to do the ritual of shaking hands later. (Several Members entered the Chamber) Hon. Members, kindly take your seats. I have two Messages. MESSAGES NOMINATION OF PRINCIPAL SECRETARIES AND AMBASSADORS/HIGH COMMISSIONERS Hon. Members, it is my pleasure to welcome you back from a long recess hoping that you are rejuvenated sufficiently and ready for a busy Second Session. As you may be aware, pursuant to Standing Order 42(2), I conveyed to you a Message from His Excellency the President on 30th January 2018, regarding his nominations for appointment to the offices of Cabinet Secretaries, Principal Secretaries and Ambassadors/High Commissioners. The Message was submitted by way of separate letters received in my office during the long recess. You will also recall that on 14th December 2017, the House passed a resolution authorizing the Speaker to directly refer the names of proposed appointees to the Office of Cabinet Secretary to the Committee on Appointments without having to recall the House for that purpose. Indeed, I am certain that the Leader of the Majority Party will be tabling the Report of that Committee in the course of today’s sitting. Hon. Members, in addition and pursuant to provisions of Article 152(2) and 153(3) of the Constitution, His Excellency the President also submitted three further Messages nominating the Disclaimer: The electronic version of the Official Hansard Report is for information purposes only. -
10% Forest Cover Strategy. 43Rd Forestry Graduation. GZDSP Phase II
A QuarteryQuarterly Magazine Magazine Of of KenyaKenya ForestForest ServiceService A Quarterly Magazine of Kenya Forest Service ISSUE 27 10% forest cover strategy. Pg 2 43rd Forestry Graduation. Pg 4 GZDSP Phase II: Promoting Innovation in Forestry Conservation Pg 30 From Ranger to Pilot Pg 31 1 | ISSUE 27, OCTOBER - DECEMBER 2019 A Quarterly Magazine of Kenya Forest Service From The Editor In this issue of the Forester Magazine, we present CONTENTS articles of some of the biggest achievements in the country in as far as forest conservation and protection is concerned. The conservation of the Mau forest complex, the biggest water tower in the country has been a concern of the government and especially the Service. However, efforts to conserve the forest complex had been hampered by resistance from people who had illegally settled there. The reclama- tion of the Maasai Mau forest in Narok county in an initiative spearheaded by the Ministry of Environment and Forestry was therefore a welcome relief in the continuing effort to restore the integrity of critical forest ecosystems in the country. Other articles in the issue include the 43rd. Cabinet Secretary for Environment and Forestry Keriako graduation ceremony of Londiani Collage Tobiko (second left) plants a ceremonial tree with his Cabinet colleagues from left, Raphael Tuju, and the National Dialogue conference Monica Juma (Defense) Rachael Omamo organized by the Forestry Society of Kenya. The (Foreign Affairs) and Amina Mohamed (Sports) Service also signed and launched a number of at Miotoni Block in Ngong Rd Forest Station. Participatory Forest Management Plans (PFMPs) and Forest Management Agreement (FMAs). -
To Download the 2018 Edition: Inspiring Transformation Through
Magazine 2018 INCOMING OUTGOING& PASSING ON THE MANTLE PUBLIC SERVICE EmpoweringChancellors others through public service INSPIRING TRANSFORMATION GRADUAND THROUGH SERVANT PROFILE Juggling career and studies LEADERSHIP SERVANTS OF GOD AND HUMANITY Magazine 2018 INCOMING OUTGOING& Chancellors08 CONTENTS Michael Mungai Dr. Muthoni King’ori 15 SPU alumnus becomes 29 Agnes Ngugi COORDINATOR the first woman to be ordained by – SPU Class of 2018, Bachelor Sheila Achieng’ Reformed Church of East Africa, Kenya of Arts (Communication) Michael Mungai, Dr. Muthoni King’ori, Sheila Achieng’, Rita N. Kituyi, Kevin C. Macharia, Bahati Gatere, Ndinda Malonza, Augustine Ngigi 33 Introducing St. Paul’s 17 Transformational University’s School Servant Leadership – Abled Differently John Gichuru of Health Sciences Victor Mibei, Karugu Mureithi 22 Practicing servant 84 Business leadership in the media St. Paul’s University Enterprise Unit (SPUEU) 28 Transforming lives in Sudan: 88 A Home Coming! SPU (MDS) graduate Reflections of a Visiting shares experience Scholar from New York ST. PAUL’S VOICE MAGAZINE 2018 3 VICE CHANCELLOR’S FORWARD "Well done for trusting God with your dreams; and thank you for trusting us with your academic journey." Prof Joseph Galgalo, Vice Chancellor 4 ST. PAUL’S VOICE MAGAZINE 2018 SERVANTS OF GOD AND HUMANITY VICE CHANCELLOR’S FORWARD From the Vice Chancellor’s desk rust has been widely defined as academic relevance demands that we necessary difference and thereby produce the firm belief in the reliability, equip our students with competencies that extra-ordinary results. The testimonies of truth, or dependability of someone can serve the needs of varied industries these great achievers engrains my trust in or something, or the reliance on in the 21st century. -
Gender Inequality Is Costing Africa Over $95 Billion Annually and Is a Threat to Sustainable Peace; African Women Convene for Inter-Generational Dialogue
Gender inequality is costing Africa over $95 billion annually and is a threat to sustainable peace; African women convene for inter-generational dialogue. Nairobi, Kenya, 18, August 2019; To give new impetus to the commitments made at the global and regional levels to advance the realization of gender equality, women and youth empowerment in Africa, African women have concluded the first African Women Leaders Network (AWLN) inter-generational leadership retreat in Nairobi, Kenya. The retreat focused on pathways to advance women’s leadership through intergenerational dialogue and empowerment of young women leaders, as part of the delivery of commitments in Africa’s Agenda 2063 and the global Agenda 2030. The three-day meeting developed concrete and specific responses to Africa's development gaps and untapped opportunities, particularly on how the continent can create models that harness the demographic dividend of African women, across generations, to enhance the leadership capacity. Speaking at the official opening of the retreat, Uhuru Kenyatta, President of the Republic of Kenya and the Global Champion for Youth Empowerment, lauded the meeting as a platform for African women to develop recommendations that can feed into the Africa’s common position during the review of the Beijing Declaration and the implementation of other key decisions aimed at women and youth empowerment. The President acknowledged that women still face many barriers in contributing to, and benefiting from development, emphasizing the need for the continent to enhance inclusion of women in more leadership positions. He observed that globally, societies that respect women rights, promote gender equality and include women in developmental aspects, have vibrant economies and stable communities. -
National Assembly Office of the Clerk Schedule of Committees Sittings Week Commencing 5Th to 9Th February, 2018
NATIONAL ASSEMBLY Clerk’s Chambers, Telegraphic Address National Assembly, “Bunge”, Nairobi Parliament Buildings, Telephone:254-20-2221291 or 2848000 P.O. Box 41842-00100-GPO Fax: 254-20-2243694 NAIROBI, Kenya. E-mail: [email protected] Website: www.parliament.go.ke OFFICE OF THE CLERK SCHEDULE OF COMMITTEES SITTINGS WEEK COMMENCING 5TH TO 9TH FEBRUARY, 2018 VETTING OF NOMINEES FOR APPOINTMENT AS CABINET SECRETARIES BY THE COMMITTEE ON APPOINTMENTS AT THE MINI CHAMBER, COUNTY HALL, PARLIAMENT BUILDINGS NOMINEE MINISTRY VETTING DAY VETTING PRESS & TIME PUBLIC ATTEND- ANCE Prof. Margaret Kobia Public Service, Youth and Thursday 8th February, 2018 9.00 am Open Gender Affairs Hon. John Munyes Petroleum and Mining Thursday 8th February, 2018 10.30 am Amb. (Dr.) Monica Juma Foreign Affairs and Thursday 8th February, 2018 12.00 pm International Trade Ms. Farida Karoney Lands, Housing & Urban Thursday 8th February, 2018 2.00 pm Development Hon. Peter Munya East African Community and Thursday 8th February, 2018 3.30 pm Northern Corridor Development Mr. Keriako Tobiko Environment and Forestry Friday 9th February, 2018 9.00 am Mr. Simon Chelugui Water and Sanitization Friday 9th February, 2018 10.30 am Hon. Ukur Yatani Labour and Social Protection Friday 9th February, 2018 12.00 pm Mr. Rashid Achesa Muhamed Sports and Heritage Friday 9th February, 2018 2.00 pm OTHER COMMITTEES SITTINGS’ NAME OF COMMITTEE DATE, VENUE & TIME AGENDA PRESS & PUBLIC ATTEND -ANCE Environment and Natural Thursday 8th February, 2018 Meeting with the Principal Secretary, -
Dr. Fred Matiang'i
JULY - AUGUST, 2021 KENYA 1,000/= TANZANIA 20,000/= UGANDA 25,000/= GOVERNANCE: SOCIAL NORMS AND POOR SERVICES DRIVE PETTY CORRUPTION IN EAST AFRICA’S HEALTH SECTOR EPIDEMIC: WILL CORONAVIRUS REALLY EVOLVE TO BECOME LESS DEADLY? MEDIA: WE MUST MAKE MORAL CHOICES ABOUT HOW WE RELATE TO SOCIAL MEDIA APPS HEALTH: COVID VACCINES: WHY WAIVING PATENTS WON’T FIX GLOBAL SHORTAGE TOP 25 MOST TRANSFORMATIVE LEADERS IMPACTING BUSINESS 2021 SURVEY #1 Dr. Fred Matiang’i CABINET SECRETARY INTERIOR AND COORDINATION OF NATIONAL GOVERNMENT THE NEW LAND ROVER DEFENDER THETECHNOLOGY NEW LAND ROVER IS DEFENDER TECHNOLOGYEVERYWHERE IS EVERYWHERETHESE DAYS THESE DAYS THE NEW LAND ROVER DEFENDER THESTARTING NEW LAND FROM ROVER $136 000* DEFENDER STARTINGThe new Land Rover Defender FROM doesn’t $136 just have the 000* strength, it has the intelligence. Inside that muscular body is an incredible brain. With technology Thebuilt new around Land a Roversmartphone-like Defender doesn’tinterface, just it’s have completely the strength, intuitive. it has Always the on, intelligence.ready for work Inside immediately. that muscular And thebody all-new is an incredible infotainment brain. system, With Pivitechnology Pro, Tap into fast, easy and safe built around a smartphone-like interface, it’s completely intuitive. Always on, provides a seamless, streamlined experience. This is 21st century technology readyfor 21st for century work immediately. adventurers. And Defender. the all-new An icon infotainment in a category system, of one. Pivi Pro, provides a seamless, streamlined experience. This is 21st century technology contactless payments forBook 21st your century test drive adventurers. today Defender. An icon in a category of one. -
Gazette Notices Gazette Notices Contd' Page
NATIONAL COUNCIL FOR LAW REPORTING LIBRARY THE KENYA GAZETTE Published by Authority of the Republic of Kenya (Registered as a Newspaper at the G.P.O.) Vol. CXXII—No. 169 NAIROBI, 18th September, 2020 Price Sh. 60 CONTENTS GAZETTE NOTICES GAZETTE NOTICES CONTD' PAGE The Civil Aviation (Amendment) Act—Appointment 3620 The Competition Act—Authorization 3661 The Civil Procedure Act—Establishments 3620-3621 The Insolvency Act—Members' Voluntary Winding up, etc 3662 The Pest Control Products Act—Appointment 3621 The Transfer of Business Act—Business Transfer 3662 The Media Council Act—Applicants and Shortlisted Candidates for thye Position of Chairperson and member The Political Parties Act—Political Parties Fund, etc 3662-3663 of the Complaints Commission, etc 3621-3625 The Water Act—Public Consultation 3663 The Energy Act—Extension of Time, etc 3625,3648-3659 The Physical and Land Use Planning Act—Completion of The Public Finance Management Act—Appointments 3625 Part Development Plans 3663-3664 The Human Resource Management Professionals Act— The Environmental Management and Co-ordination Act— Appointment 3625-3626 Environmental Impact Assessment Study Reports 3664-3670 The Wildlife Conservation and Management Act— The Records (Disposal) Rules—Intended Destruction of Court Records Appointment 3626 3670-3671 Disposal of Uncollected Goods The Industrial Training Act—Appointment 3626 3671 Change of Names The Standards Act—Re-appointment 3626 3671-3673 The East African Community Customs Management The Companies Act—Appointment 3626 Act—Appointment and Limits of Transit Sheds, The Central Bank of Kenya Act—Grant of Licence 3626 Custom Areas, etc 3675 The Land Registration Act—Issue of Provisional Certificates, etc 3626-3641,3673-3674 SUPPLEMENT Nos. -
Ali Manzu Insists He Is No Celeb
JUNE 2019 Issue No. 3 Humble Ali Manzu insists he is no celeb ANNE NJOGU: ON RECORD: Kisumu I am a simple Demystifying bureau person blessed the Standard isn’t your with a voice for Group library. ordinary change. P40 P26 office. P38 There is an undisputed news leader in the TV industry. Dedicated to breaking news, current affairs, sports, business, ground breaking documentaries and investigative features. Watch us on DStv 274, GOtv 94, Zuku 14, BAMBA TV and all free to air set top boxes. Content IN THIS ISSUE | MAY 2019 TEAM BUILDING Standard Group staff attend a There is an Contents team building exercise at Let us move the Standard Group to a new Kenya School of undisputed news leader frontier of growth, Orlando Lyomu, CEO Adventure and the Standard Group Page 5 Leadership; an exercise aimed in the TV industry. at bringing Choma Na Ngoma Event various staff together to further encourage team work. Page 14 100 YEARS OF STANDARD GROUP We have been in this The historic concert did not disappoint attracting over 5,000 music lovers. Page 20 business for a century, and we aren’t giving up MARGARET KOBIA anytime soon. Page 6, Cabinet Secretary, Ministry of Public 42 Service, Youths & Gender Affairs, says that in a changed media landscape, there must FEATURE be advocacy for gender equality. Page 12 What it takes to maintain RELEVANT PARTNERSHIPS a healthy lifestyle. Page 28 Dedicated to breaking news, current affairs, JKUAT and Standard Group sign deal to sports, business, ground breaking documentaries promote innovation. Page 16 and investigative features. -
National Assembly
February 14, 2018 PARLIAMENTARY DEBATES 1 NATIONAL ASSEMBLY OFFICIAL REPORT Wednesday, 14th February 2018 The House met at 2.30 p.m. [The Speaker (Hon. Muturi) in the Chair] PRAYERS Hon. Speaker: We may start, we have quorum. PETITION MISAPPROPRIATION OF ASSETS BELONGING TO NEW KIENI COFFEE FARMERS SOCIETY Hon. Speaker: Hon. Members, pursuant to the provisions of Standing Order 225(2) (b), I hereby convey to the House that my office is in receipt of a petition signed by four petitioners, namely; Mr. Richard Kanyua, Mr. George Nyaga, Mr. Weru Kiruntha and Mr. Erastus Nthiga, on behalf of New Kieni Farmers’ Cooperative Society. The petitioners alleged that there is misappropriation of assets and loss of coffee proceeds belonging to New Kieni Coffee Farmers Society. Hon. Members, the petitioners contend that New Kieni Farmers’ Cooperative Society Limited was established in 1985 with the main objective of promoting and marketing coffee produce, on behalf of Kieni Coffee Farmers in Embu County. The petitioners allege that the society’s management has in the recent past misappropriated and mismanaged the society’s assets, leading to loss of coffee proceeds. Hon. Members, the petitioners pray that the National Assembly establishes a select committee to enquire into misappropriation and mismanagement of New Kieni Farmers’ Cooperative Society assets and the alleged loss of coffee proceeds belonging to the society. Hon. Members, you may wish to note that the matter falls under the purview of the Departmental Committee on Trade, Industry and Cooperatives, whose mandate, amongst others, “is to investigate and inquire into all matters relating to the assigned ministries and departments as they may deem necessary, and as they may be referred to them by the House,” where the subject matter is cooperatives.