SPECIAL REPORT The TRANSITION TO COUNTY GOVERNMENTS — Pages 14 & 19 SUPPLEMENT Enhancing governance for all THE PARTNERSHIP FOR PEACE Link PROJECT FUNDED BY THE EU APRIL 2012 Issue No. 090 Kshs 40/= — Pages 15 - 18 Land bills full of flaws, experts say By FAITH MUIRURI for the allocation and disposal of public land, including entrenching public participation pro- HE much hyped land reforms in cedures perpetuating the same legal order that the country are likely to stall if the has caused abuse to public land by those in au- proposed laws are enacted in their thority in Kenya. T “The Land Registration Bill is equally in- present form. consistent with the Constitution for instance The three major bills earmarked to jumpstart with regard to devolution, gender equity and the process are full of inconsistencies which systems for land registration that would pro- negate the spirit and letter of the National Land mote the constitutionally required resolution Policy and the land chapter of the Constitution of historical injustices for marginalized groups, in developing key steps and legislation. minorities, women and historically disadvan- The Land Bill for instance, runs contrary to taged groups,” she explains. the principles of devolution; does not bring out Nyokabi says that the Community Land Bill the tenure systems or attempt to offer any form on its part is completely unconstitutional and it of restitution to the long-standing tenure prob- appears to have been modeled from an existing lems associated with the landless poor, persons Act of a foreign country with no bearing what- in informal settlement in urban areas, or those soever on the demands of Kenya’s new consti- who have weak tenure claims such as the so- tution and the National Land Policy. called “squatters”. “The Bill is not even linked at all with the Priscilla Nyokabi, the executive director of mandate of the National Land Commission,” Kituo cha Sheria, says that the Land Bill also she avers. takes away the constitutional mandate of the Na- Similar glaring inconsistencies can be seen tional Land Commission and lumps them on the to exist in respect of all bills developed by the Cabinet Secretary (the executive) which makes the Bill no different from the existing system. The Land Bill does not offer the mechanisms 8 Turn to Page 2, Col. 1 Lands Minister James Orengo making comments on the Lands Bill at LDGI forum in Nairobi recently. Photo/Henry Owino ON OTHER PAGES

Radical change Insecurity to blame EU to fund health for poor learning in services in the to education Turkana —Pg. 6 country —Pg. 22 IEBC’s election date Mombasa port system proposed raises legal issues registers impressive By HENRY OWINO Primary school education before moving to six —Pg. 8 growth —Pg. 23 years of Primary (3 years lower and 3 years A TASK force formed to carry out research upper), six years Secondary (3 years junior and on how best education system could be ap- 3 years senior), two years of middle level insti- Kibaki refusal to sign Milk shortage plied, taught, assessed and managed has come tutions, and a m inimum three years of Univer- up with a raft of proposals, which if adopted sity education. law praised blamed on prolonged will give every child opportunity to pursue a Among concerns raised by different stake- drought —Pg. 27 career of their choice according to their talents holder groups included failure by the current —Pg. 10 and abilities. system to adequately measure learners’ abili- The highly controversial 2.6.6.3 system ties; teachers are not adequately trained in test of education is however expected to serve the development and evaluation procedures. Lobby groups find Ngilu moves decisively current market and technological needs in line Due to the importance attached to exami- fault with land bills with Vision 2030. against climate The new system requires two years of Pre- 8 Turn to Page 2 Col. 1 —Pg. 20 change —Pg. 30 The Link, April 2012 2 GOVERNANCE Land bills full of flaws, experts say From page 1 on land laws must especially analyse and critique each of the Land bills Ministry of Lands under Article 68. from a poor, minorities, marginalized The Bills are complex and volumi- and historically disadvantaged groups nous thus need for a careful review perspectives. broadly and specifically on a clause The position by Kituo cha She- by clause basis. Such analysis would ria came as the Director Land De- also identify content gaps in the exist- velopment and Governance Insti- ing bills and propose concretely how tute (LDGI) Mwenda Makathimo those gaps can be filled. claimed that the bills have been origi- The pro-poor, marginalized, mi- nated by a private consultant hired by norities and historically disadvantaged the MoL to whom he is exclusively analytical perspective is required be- answerable as opposed to a cross- cause it responds to the most of the sectoral multi-stakeholder team. challenges affecting the majority of This, he said had created diver- Kenyans and in the spirit of the new gence and caused unnecessary de- Constitution and the radical National lays. Currently, the bills are running Land Policy of 2009. Such perspec- behind schedule having surpassed tive must fully inform the land Bills the February 26 deadline set out in and should not be subservient to the the Constitution. The LDGI director pro-investment, pro-property perspec- says that although the long term land tive that seem to run across the exist- reforms have been entrenched in the ing land laws and the proposed Bills. National Accord, the two principals Moreover, land is at the core of have not been proactive on the land Kenya’s political, economic, social reform implementation debate. and cultural problems. The land re- He says that the lawmakers are lated ethnic clashes over the years that gradually switching to campaign culminated in the post-election vio- mode in readiness for the General lence in 2007/2008 support the view Priscilla Nyokabi, Kituo Cha Sheria Executive Director Elections and therefore they may not that unless there is radical land reform be able to give adequate attention to with a view to promoting land rights the Community Land Bill, the Matri- programme proposed in the National sion is recognized in each bill and that the important and fundamental land of the poor, marginalized, minori- monial Property Bill and the Law of Land Policy and the Constitution; the role of the commission is synchro- reforms. He says that although the ties and historically disadvantaged Succession Bill. l Entrench affirmative action in insti- nized with other Government agen- land reform implementation process groups, Kenya’s future stability is at So far the Ministry has only re- tutions that make decisions on alloca- cies that may have specific mandate has already taken off, it must move in stake. This view was underlined con- leased the first three Bills unconstitu- tion of land rights; on matters of certain public land such the right direction and at a desirable spicuously in the Kofi Annan media- tionally side-lining the gender friendly l Give full effect to the broad princi- as the Kenya Wildlife and Kenya For- speed so that the benefits can be real- tion agreements particularly Agenda Land bills. The proposed land laws ples that govern the issue of land un- estry Service. ized sooner rather than later. He also IV on long standing issues. must generally: l Translate the broad der Chapter Five of the Constitution, More public consultations and underscores the need to realign the Kituo urges for a review of the Bills constitutional principles in chapter 5 as well as the national values stated in participation and in particular engage- reform implementation process with and making of concrete proposals in (Land and Environment) and the Na- Art 10; ment of experienced and qualified per- the guiding principles as stated in the order to input into the process before tional Land Policy into tangible legal l Align the new laws with relevant sons in Land Law to review the vari- NLP & ensure policy enforcement. it is too late. In their present form the provisions promoting the land rights applicable international standards ous land Bills to analyze and critique “We urge the government play- bills stand the risk of being declared of the urban and rural poor, marginal- contained in treaties ratified by Kenya each of the Bills should be done. Such ers to put aside selfish political in- unconstitutional. The Bills that are ized, minorities and historical disad- and general principles of international consultations will be able to identify terests to work together at this time supposed to be enacted under Article vantaged groups; law pursuant to Art 2 (5) and Art 2 (6) gaps and propose amendments for of reform in the interests of poor and 68 and which should be reviewed are l Provide for mechanisms for the en- of the Constitution; consideration by the various entities marginalized Kenyans who have the Land Bill, the Land Registration visaged land re-distribution of irregu- l Ensure that the constitutional man- in the Constitutional implementation been ravaged by years of poor gov- Bill, National Land Commission Bill, larly acquired land and resettlement date of the National Land Commis- legislation-making chain. The experts ernance,” he concludes. Radical change to education system proposed From page 1 cy makers to design and improve on ers services and community outreach will be developed. In the middle level institutions, assess- the current and future education pro- programmes. There shall be a national upper pri- ment will be by KEAC and various nations, cases of malpractices have grammes. Furthermore, assessment The Cabinet Secretary will give a mary assessment test at the end of Pri- professional bodies. been reported in the management of on individual learners helps to map report on these during a national edu- mary 6 leading to the Kenya Primary Performance based on Course As- examinations because the candidates, the way forward either across levels cation day. The process should start Education Certificate (KPEC) aimed sessment Tests (CATs) should be inte- parents and teachers want to compete or within the levels of education. from institutions at the county to the at identifying individual learner‘s tal- grated into the terminal assessments, unfairly. Assessment is therefore part and national level. KNEC be renamed the ents and abilities. Besides, there shall which should be competency based. The current curriculum is per- parcel of curriculum delivery and Kenya Education Assessment Council be a continuous school-based assess- It is recommended that a modular ap- ceived to be examination oriented should be carried out competently and (KEAC) to reflect the specific focus of ment to measure learner‘s progress. proach to teaching be used at these with little regard to moulding students with a high degree of reliability. its work, which is set to shift towards This exam will not deter a learner levels, to provide for flexible student to become self-reliant. Assessment is The task force further underscores assessment. from progressing to the next level of exit and re-entry to avoid wastage. no longer seen as part of teaching and the need to establish a culture of as- It is further recommended that as- Junior Secondary school. This should allow students to learning process but as a sieve to de- sessment to support the teaching and sessment in the new education struc- There shall be a National Assess- transfer credits from one institution to termine those who can move to higher learning process. ture be carried out at two levels: Na- ment at the end of Junior Secondary another with minimal costs. Student levels of education. Further, the Task Force proposed tional and School levels. KEAC will education leading to the Kenya Jun- assessment will consist of Course As- The current system of summative that the Ministry of Education in- conduct the National Assessment at ior Secondary Education Certificate sessment Test (CAT) and institutional assessment at the end of primary and troduce a Learners Identification Primary 6 as well as end of Junior and (KJSEC). This assessment will help in assessment in liaison with profes- secondary levels dictates the teach- Number (LIN) at entry point, to help Senior Secondary levels, while indi- identifying learners abilities for place- sional examination bodies. Tertiary ing/learning process towards exami- track the learner throughout the edu- vidual institutions will be responsible ment in the four specialisation streams institutions will provide training for nations as opposed to learning. The cation system. for school-based assessment. in the Senior Secondary schools. certificates and diplomas, whereas ranking of schools based on examina- The task force recommends that KEAC will also conduct the sum- Learners will either specialize in Universities will offer degree and tion performance has brought about a the ranking of schools and students be mative examinations at the end of Ba- science, humanities, social sciences post-graduate programmes. lot of negative effects. abolished when releasing examination sic Education cycle and for all Tertiary or technical and vocational subjects. The Course Assessment Tests For example, head teachers of results. Achievement at Kenya Pri- institutions other than university. This assessment in essence will help (CATs) will be developed to collect schools that are ranked low often get mary Education Certificate (KPEC) There shall be a standardized learners to identify their career paths. accumulated CAT scores for each demoralized and others even resort to and Kenya Junior Secondary Educa- county-based assessment process for There shall be a National Assess- learner. It is proposed that the ac- suicide. Likewise pupils who score tion Certificate (KJSEC) will be con- Lower Primary aimed at diagnosing ment at the end of Senior Secondary cumulated CATs will account for a low grades regard themselves as fail- sidered in Senior Secondary School individual learners’ talents and abili- education leading to the Kenya Sen- percentage of the eventual score at ures in life and some commit suicide. admission and streaming. ties. However, this will only be used ior Secondary Education Certificate National Assessment. The task force notes that assess- Schools will be ranked based on to help the teachers and parents to at- (KSSEC). The National Assessment The other percentage will be con- ment of curriculum implementation is a holistic assessment of performance tend to learners individual differences. at this level will be used for placement tributed by summative assessment for a critical component in the provision indicators built around the following There shall also be school-based at Universities, middle level colleges the award of the final grade. There is of education as it provides informa- areas: academic, co-curricular ac- assessment. This assessment will not and progress into the world of work. need to monitor learners performance tion on whether the system is respond- tivities, quality of management, op- deter a learner from progressing to the The Higher Education cycle shall and achievements regularly at all lev- ing to the set objectives. erations and maintenance of physical next level. KEAC will provide a da- consist of TIVET, other middle level els in the CATs which will form part Such information is used by poli- facilities, environmental care, learn- tabase from which these assessments training institutions and Universities. of the final exams. The Link, April 2012 EDUCATION 3 Kilifi leaders Mukurwe-ini poor boy urged to uplift education By BEKADZO TONDO scores high in exams EDUCATION stakeholders in Kilifi County have been - chal By JOSEPH MUKUBWA mother opted for casual jobs since sponsor him for the four years. more than 100 other students who lenged to work together to help his mother could not afford the re- The overjoyed Njaga was all are orphans and bright poor people uplift the standards of education A STUDENT who almost failed to quired amount of fees at Kagumo smiles recently when he received from the constituency. in the area. join Form One for lack of school High School where he had been the results scoring a plain A with “My dream of becoming a doc- fees has scored a plain A. admitted after scoring 393 marks. 81 points. tor is almost now being achieved. Naomi Sidi, who is a politi- Four years ago, Erastus Njaga Moved by his plight, the lo- The constituency manager I’m very happy that I attained such cal aspirant in the area, says that was working as casual labourer cal community decided to seek Mike Thiari said the local CDF good grades despite my poor back- unless local leaders provide a at Karundu area in order to raise help on his behalf from the office used about Kshs 120,000 as school ground,” the overjoyed Njaga said. remedy to the appalling educa- enough school fees to enable him of the area MP who is also the fees for the four years he has been He will now join the local tion standards in the county, stu- join Form One. Youth assistant Minister Kabando in school and now has a bright fu- Model Achiever’s club which is dents will continue positing poor The twenty-year-old Njaga wa Kabando who immediately ture to join university. aimed to boost his education for a results in national examinations. who is the first born of a single ordered that the local CDF fully The CDF kitty is sponsoring bright future. Ms Sidi laments that educa- tion standards in the area had deteriorated to alarming levels as teachers have been to single- handedly manage the sector. She spoke at Ganze primary school during a meeting with the heads of primary schools in the district. She said politicians must ac- cord priority to education which remains a major drive to attain- ing desired development. “No meaningful development can be realized if a majority of the population lack the requisite skills and knowledge to steer growth in key sectors and hence the need for politicians, religious leaders and our local administra- tors to find a lasting solution to the myriad of problems afflicting the sector, “said Ms Sidi. Similar sentiments were shared by KNUT officials who challenged local leaders to come together and jointly support edu- cation programs. The Kilifi District Executive Secretary Mr. Patrick Rasi, said that although the District was faced by acute shortage of teach- ers, lack of support by local lead- ers had contributed to the poor performance. Erastus Njaga is carried shoulder by his friends at Mukurwe-ini town recently after he emerged one of the best student of Kagumo High “Most schools in Kilifi Coun- School in the last year’s KCSE exams. Photo/Joseph Mukubwa ty both at the primary and sec- ondary school level are faced with an acute shortage of teach- ers and as we appeal to the gov- MP decries arbitrary fee hikes by school missions ernment to deploy more teachers in the area, we urge our leaders By MORRIS GITHENYA future,” said the MP. “The Genesis of low quality most impressive despite cases of to engage meaningfully with The MP said pursuing educa- education can be traced to greed unrests that rocked the institution other stakeholders in the sector EDUCATION ministry has been tion in Kenyan has been rated as for money as those charged with last year. to help revamp the sector,” said accused of failing to regulate fee the second most expensive ven- responsibility of ensure quality In Murang’a region, the results Rasi. guidelines and allowing school ture after medical. fail to do their part,” adds the law shocked many with some of the Mr. Rasi said that the area was managers to hike fees arbitrarily He disclosed that owing to maker. institutions faced with cases of in dire need of school inspectors in complete disregard of the pre- high cost of education, many of Meanwhile, the Kenya Cer- indiscipline emerging as the best to monitor teachers and ensure vailing harsh economic environ- the poor are forced to forfeit their tificate of Secondary Education performers. Kirogo, Gaichanjiru that students benefit from quality ment. slots in well performing schools (KCSE) saw a number of District and Kiaguthu posted better results education. Kigumo MP Jamleck Kamau due to lack of fees. schools in Central Kenya overtak- despite having been shut down “The District Education office says majority of students from He disclosed that poor students ing academic giants among them owing to student unrests. is understaffed with only a few poor families in secondary from the best performing public Mugoiri Girls High School that has In Gaichanjiru High School, personnel deployed as quality schools may be forced to drop out schools are leaving their slots to over the years had been ranked high. a student died while undergoing assurance education officers and of school as they can no longer children from rich families who Little known Nyagatugu boys, treatment in a Thika hospital after thus most of the schools have afford to raise the exorbitant have no problem with the charges. Kiaguthu, Gaichanjiru, Kirogo and the students went on the rampage. been operating without inspec- amounts charged as fee. “The highest bidder takes the Weithaga were ranked among Ten students from Kiaguthu tion to ensure quality standards Speaking at Ngurwe-ini village slots left behind by the poor stu- the highest scorers in the last are at the moment facing criminal are met,” said Mr. Rasi. in his Kigumo Constituency dur- dents in Secondary and Tertiary year’s examination after they post- charges before a Murang’a court School heads who spoke ing a funds drive, the MP said that institutions,” said the Kigumo ed impressive results. after they burnt a library worth at the meeting said that most education in the country had be- MP. Mugoiri Girls was floored by Kshs 8.1 million. schools lacked basic infrastruc- come a preserve for the rich with On tertiary education, Kamau its rival Kahuhia Girls which post- Three other students from ture such as enough classrooms the poor being denied their rights castigated the government over ed a mean score of 8.9 against its. Kirogo Secondary School are in and desks for the children. as enshrined in the constitution. failure to regulate commercial Mean score of 7.3 court after they were caught with They appealed to local lead- “The Ministry must guard the colleges who were defrauding The Principal of Kahuhia Girls 4 litres of petrol and a match box ers to come to their aid to help poor from arbitrary fee incre- parents by offering substandard Secondary School Ms Florence as they attempted to burn a dormi- develop a conducive learning en- ments which spell doom to the education. Ngarari termed the results as the tory. vironment. The Link, April 2012 4 GOVERNANCE Elections: Education locks out most Kisii women AS the clock ticks towards the next children. ward in Kitutu Chache constituency aspirant direct nomination. general elections, majority of women COMMENT The councilor, who is a former in Kisii County has been merged “As women aspiring for various aspirants from Kisii County may not Deputy Mayor says that most civic with others to create Kitutu central political and appointive posts, you must have strategies that may propel be able to contest for top seats as they By BOB OMBATI leaders may remain as representatives Ward says she will be faced with an lack the required educational qualifi- at the ward level due to lack of educa- uphill task to recapture the seat given you to power, ”says Oruru, urging cations. tion. the competition which pits male and women not to wait for leadership Although Councilor Jane Justine representative seat. Oruru notes that the new political female aspirants during nominations, posts on a silver platter. Oruru declared her interest in the “I know many female aspirants dispensation requires visionary, edu- campaigns and elections. Mrs Oruru advises women aspir- Kisii County women representative’s will automatically be disqualified. cated, focused and sharp grassroots Additional wards were created ants to be cautious and guard against seat, she does not meet the stipulated That will be our disadvantage,” says leaders who will rightly interpret by the Independent Electoral and being short changed during nomina- requirements to contest for the seat. Oruru. government policies subjects and mo- Boundaries Commission ( IEBC) af- tions or asked to step down in favour Mrs Oruru, who is the only elected The councilor who won the seat bilize them for community develop- ter Kitutu Chache was split into Ki- of their male competitors. female councilor in Kisii Municipal through Mazingira political party ment. tutu Chache North and Kitutu Chache She further challenges women to Council ( KMC), has resigned to fate ticket, asserts that she is the second She says that the merging of South. further their education so that they and intend to defend her seat and con- civic leader to be elected after Clare several civic wards to form County Mrs Oruru says that women may qualify for appointive posts in tinue serving as a ward representative. Omanga since the inception of the Wards requires massive resources should strive to occupy their rightful the county and national governments The vocal civic leader, who beat council 30 years ago in a field that and tactics to convince voters to sup- positions in respective party struc- which will require professionalism in ten candidates to capture the Nyabu- was dominated by male civic leaders. port respective candidates, admitting tures to give them a voice. specific fields, adding that time when ruru ward seat in the 2007 General Oruru says that she has been un- some councilors might quit politics The civic leader says she was appointments to cabinet posts and Election, says the law requires can- able to advance in her education be- due to poverty and their questionable forced to defect to Mazingira party in other sectors were based on patron- didates with at least post-secondary cause she is the sole bread winner in development records. last minute after the Orange Demo- age, political party affiliation, tribal- education to contest for the women her family and supports other needy The councilor, whose Nyabururu cratic Movement ( ODM) gave an ism and nepotism is long gone.

By HENRY OWINO THE Olympic Primary School is a government-run primary school in Kenya. Located at the heart of Kibera Olympic set to regain slums, the school has in the recent past lost the excelling tag previously asso- ciated with it. Today the school is a pale shadow of its lost glory. Poor performance its lost academic glory coupled with the high enrolment fig- ures, continue to define the former academic giant. Enrolment figures teachers already in the school. that currently stand at 3,000 have The head teacher also asked the overstretched the limited facilities at parents to be vigilante and escort their the school. children to school in the morning The school head teacher, Mrs. since one girl was recently abducted Ruth Namulundu however says the and raped next to Railways Club only situation is soon likely to change. to be found later on stranded at Uhuru Speaking during the school’s Annual Park by City Council Askaris. General Meeting (AGM), the head Namulundu asked parents to ac- teacher promises parents that teach- company their children especially ers will go out of their way to reclaim in lower primary who may be easily the lost position during this year’s na- lured by strangers. The School Chair- tional exams. “I want to ensure that man, Mr. George Otieno urged the Olympic reclaims its position before I parents to be fully involved in the clinch my retirement age,” She poses. school activities especially academics Mrs. Namulundu at the same time and to monitor the children perform- says that the school did very well in ance. the 2011 KCPE with about four stu- Mr. Otieno said teachers play very dents scoring 400 marks and above. important role of educating the pupils “The school performed very well in in school and thus parents must mould last year’s KCPE compared to the pre- them into responsible citizens. vious years. Olympic Primary was the “Education is the best gift a par- only school in Langata District with ent can offer to a child in life because students scoring over four hundred when you educate a child she/he will marks placing us in second position be independent, responsible and make out of fifteen schools in Langata Dis- wise decisions,” Otieno stated. trict. So, this year we must lead in Nai- Mr. Kenneth Odhiambo Okoth robi County,” Mrs. Namulundu adds. who is an alumni of the school said She says that this year the school Olympic is a leader to reckon with has registered 318 candidates for in education sector. Mr. Okoth who KCPE with every stream taking at Main entrance of Olympic Primary School. Photo/Henry Owino is aspiring for the Kibera Constitu- least 70 candidates which is twice the ency Parliamentary seat gave Kshs capacity recommended by the Minis- the school is understaffed with only teachers who are not payable either by are far beyond the teachers’ capacity. 4,000 each to students who scored try of Education. 27 teachers employed by Teachers school or parents. She says the school She urged TSC to deploy more 400 marks and above and Kshs8000 The head teacher further says that Service Commission and 12 volunteer has over three thousand pupils which teachers or employ the 12 volunteer to staff members as a motivation. Girl who fled home makes it big in exam By BEKADZO TONDO (KCPE) examination last year at the her,”’ said Mr. Thoya Mackinlay Mutsembi said though the said Mr. Mutsembi. school managed to score 369 marks. Mr Thoya was joined by another organization had the capacity to sup- The program manager stated that AT the age of 14 years, Nema Nimwa- However, she could not raise teacher Mr. Wycliffe Mwangome in port only 20 students in Bahari divi- the organization supports needy chil- ka fled home to complete her primary enough school fees to enable her join his mission to assist the girl who had sion and some parts of Ganze district, dren who score 350 marks and above education after her mother attempted Limuru girls where she had been ad- shown determination to achieve her the girl was in dire need of help and in KCPE and for those already in sec- to force her to drop out of school to mitted. But luck was still on her side ambition in education. unless supported cannot proceed with ondary school, they are required to at- supplement the family income. when a teacher at the neighbouring Mwangome decided to approach her secondary education. The girl has tain grade B- and above for considera- Nimwaka managed to convince Bahati primary school in Kilifi Mr. KESHO which is a Non Govern- now joined Limuru Girls secondary tion. Applicants are however required her aunt Scholastica Mwagandi, an Masha Thoya offered to look for a mental Organization (NGO) in Kilifi school. to indicate the background of their early Childhood development teacher, sponsor to support the needy girl. known for supporting bright students “As an organization we have con- families and whether they are orphans to accommodate her to enable her “I got wind that a girl who had from poor families to complete their sidered the case of the girl and we before funding can be approved. complete her primary education at performed well in her KCPE last year education. Mr. Mwangome managed have offered to pay her school fees for The organization also makes a Bogamachuko Primary School. could not proceed with her education to trace the organization which offered the four years she will be in secondary follow up of the children who benefit The girl who sat for her Kenya due to lack of school fees and there- to support the girl. school and for this year we have paid from the sponsorship to ensure that Certificate of Primary Education fore decided to find means to help The manager of KESHO Mr. her fees to the tune of Kshs 80, 000,” they perform well in their classes. The Link, April 2012 EDUCATION 5 Teachers issue strike threat over salaries By PETER MUTUKU Government will be expected to remit “We want cities declared hard- ary increment for all teachers in the Kshs194 billion in addition to the cur- ship areas because working there is wake of the high cost of living and TEACHERS are planning for a coun- rent Kshs 64 billion in the next Budget not easy. Teachers must therefore be completion of full implementation of Mkwajuni trywide strike from July, if the gov- to cater for the projected salary rise. paid as such,” said Okuta. teacher’s allowances as indicated in ernment fails to budget for their salary “We have already given the Gov- The union official says that move Legal Notice No 534,” said Sossion. parents want increments and allowances during the ernment our proposals so that they can has been endorsed by the respec- He called for the mainstreaming next financial year. prepare the national Budget. But if tive national branch secretaries and of early childhood development edu- class project The Kenya National Union Teach- they fail to comply, we intend to push thus did not expect the Government cation by July this year. ers (KNUT) says that they have fur- for industrial action,” warned KNUT to back down like it had done with If approved, school heads would stopped nished the Treasury with a budget that Secretary General Okuta Osiany add- nurses. be awarded responsibility allowance captures their allowances and new ing that KNUT also wanted the Gov- KNUT National Chairman says equal to half of their salaries while By BEKADZO TONDO salaries negotiated and agreed on by ernment to recruit 40,000 teachers to that they have written to the Treasury deputy principals will get a 40 per- the Government. address the current deficit. to remit the cash to Teachers Serv- cent salary rise as their responsibility PARENTS at Mkwajuni Pri- These include a salary increment If the proposal is implemented, ice Commission in the next financial allowance. mary School in Kilifi want of about 300 per cent and house com- teachers currently stationed in Nairo- year and added that teachers would Senior teachers and heads of de- a classroom project fund- muter, hardship, special and responsi- bi, Kisumu and Mombasa will get a take nothing short of their full awards partment will be awarded 30 percent ed through Local Author- bility allowances. 70 percent rise of their basic salaries as per the agreement. of their salaries as responsibility al- ity Transfer Fund (LATF) If the proposal is approved, the as hardship allowances. The union is demanding for a sal- lowances. suspended forthwith due to al- leged citing corruption. The parents say the project which has been funded to the By JOHN NYAMBUNE tune of Kshs 2 million is shod- dily done and the contractor THE Independent Electoral and It is now official, elections has been using sub standard Boundaries Commission (IEBC) has materials such as coral blocks finally announced March 4, 2013 as despite receiving substantive the official date for the next General funding during the 2010/2011 Elections. will be in March 2013 financial year. The elections which represent a The parents led by the paradigm shift from the traditional The workshop brought together The meeting whose participants and UNDP. 250 delegates from electoral man- were drawn from regional EMSs and Meeting looked into voter regis- school PTA members Mr Ka- three-piece to six ballots have been lume Karisa and Anthony Ka- billed as one of the biggest not only in agement bodies (Ems) and regional international organizations specializ- tration technologies, sustainability of the history of independent Kenya and and international experts in elections ing in elections such as IFES, EISA, voter registration systems, use of ICT risa took to task the project in Africa, but also around the world. who shared their experiences and best SADC, IDEA, EAC, ECOWAS and in the management of elections and contractor representative IEBC chairman Ahmed Isaack practices in the use of technology in Civil Society Organisations was sup- implication of e-voting among other Mr.Timothy Barasa and the Hassan says that the commission has the management of elections. ported by the European Commission issues. council works officer Mr. Fe- already put in place stringent mecha- lix Kenga demanding that the nisms enhance credibility of the elector- project be halted as it was be- al process ahead of the next elections. ing done below the required He says that the IEBC is making standards. use of technology especially during “As beneficiaries of this voter registration, transmission of vote project, we have the right to results and has been communicating question when contractors ne- both internally and externally using an gate the laid down procedures array of new media tools such as bulk and unless the situation is rec- SMS and the Internet. tified, the project should not be This has seen remarkable progress allowed to proceed,” said Mr. in the increase of administrative ef- Kalume. ficiency, reduction of long-term costs However, the council and enhancing political transparency,” works officer defended the explains Hassan. According to IEBC, contractor who he was doing the 2007 General Election that saw commendable job. the country degenerate into violence was flawed with the voter registration ‘The project is being done displaying glaring errors together with to the recommended stand- the transmission of results. ards and we cannot understand “It is estimated that there were why parents are protesting, up to 1,200 ‘dead voters’ in the 2007 citing shoddy work,” said Mr. voters’ roll. There were also serious Kenga. delays in releasing of the results. We Mr. Karisa further said both have tried to address these shortcom- the contractor and the council ings by ensuring only those who regis- had refused to furnish them ter are the only ones allowed to vote,” with the project plan and the added Hassan. bill of quantities to unravel the The IEBC chairman spoke in truth about the project. Mombasa during a five-day workshop The contractor also de- on the use of technology in manage- fended himself from the ac- ment of elections in Mombasa. Mr. Isaack Hassan, IEBC chairman cusations insisting that he was using correct materials to con- struct the classroom block. “The project has been done to the required standards so TSC warns against recruitment of quack teachers that children who are currently using makeshift structures due By AGGREY BUNCHUNJU censed teachers only in their in- and instead enhance professional tion and not demand driven. stitutions. ethics. He regretted that graduands to lack of enough classrooms MANAGERS of both public The move, Oyoo said is aimed “Teaching profession requires from teachers colleges will have can benefit from the project,” and private schools have been at protecting the integrity of the high moral and ethical standards to wait a little bit longer before said Mr. Barasa. warned against employing teaching profession to enable and that is why teachers must be they get employed by the TSC Area councillor Mr. Geof- quacks as teachers. graduands from teachers training conversant with the TSC code of on the basis of first come first frey Muhambi supported the Issuing the stern warning, colleges to keep their profession- conduct,” he said. served. parents move and accused the Teachers Service Commis- al skills alive. The TSC chair disclosed that Oyoo was speaking recently council workers of colluding sion (TSC) Chair Mr. Mark He asked teachers in the coun- both primary and secondary pub- at Kaimosi Teachers College with the contractor to do sub Oyoo said the country has try to be conversant with the TSC lic schools in the country are un- in Hamisi District, in Vihiga standard job. so many unemployed trained Act TSC Code of conduct and der staffed by over 70,000 teach- County during the 81st gradua- Councillor Muhambi took teachers to meet the local de- chapter six (6) of the constitution ers. tion ceremony where he was the issue with the blocks being mand and for export. on leadership and integrity. Oyoo, however, quickly chief guest. used to construct the class- Oyoo as a result directed This, he observed would pointed out that the current em- During the ceremony 462 room block saying they were school management commit- minimize cases of indiscipline ployment of teachers in the coun- teachers qualified for the award substandard materials and not tees to hire qualified and li- among the teaching fraternity try is driven by budgetary alloca- of p1 Certificate. grade one blocks recommend- ed for such projects. The Link, April 2012 6 EDUCATION Who is eating Bunyala schools activity funds? By NYAKWAR ODAWO take place as scheduled due to lack pupils never participated in the dra- tion of anonymity, adding that the planations from the department of of funds. ma festival despite their parents hav- cash was misappropriated by edu- education as to why our schools are PLANS by primary schools from “The pupils have been preparing ing paid Kshs230 per child, a situ- cation officials who have chosen to not going to participate in the drama Bunyala district to participate in this for the drama festival for a whole ation he said had ended up causing remain silent on the matter despite festival yet pupils paid Kshs230 year’s drama festivals have been week only to be informed that they a lot of mistrust between education persistent demands by parents that each,” said one of the school heads, dashed for the second year in a row are not going to participate,” said the officials and parents who vowed they account for the same. adding that they want the said funds due to lack of funds. drama teacher, adding that the unex- never to pay the same again. The primary schools that were refunded to the pupils if they are not According to a teacher who pected action has completely demor- “Last year, each pupil was asked expected to participate in this year’s going to participate. sought anonymity, the pupils were alized the pupils who have vowed to pay Kshs230 to fund the festival, drama festival at Butula Boys Pri- However efforts to get com- disheartened by the new develop- never to participate in any such ac- but surprisingly they did not par- mary School after the pupils paid ments from Bunyala District Educa- ment as they had taken a whole tivity unless they are told where and ticipate and up to now the educa- Kshs230 each included Bulemia, tion Officer Maurice Jayoro over the week to prepare only to be issued how the said cash had been spent tion officials are yet to explain to Budubusi, St Cecilia Namenya and allegations did not materialize as he with a directive by the area educa- and on what. the parents the whereabouts of the Mundere could not be reached by the time of tion office that the festival will not He added that even last year the money,” said the teacher on condi- “We are demanding proper ex- going to press.

By MALACHI MOTANO

PERSISTENT conflicts between the Turkana and Pokot communities Insecurity to blame for have continued to impede access to education even as the government struggles to meet the Education For All (EFA) goals by 2015. Ignitious Omukaga, the Head poor learning in Turkana teacher of Nawoyaregae Primary school in Kaputir Location in Tur- Development organisations in kana says pupils in the area hardly the area say the communities face a attend classes on a daily basis and dilemma: insecurity keeps children sometimes only a handful makes it to away from school, but education is class for months. the key to solving such conflicts with “Again, school lasts just four traditional roots. hours so that children make it home According to Nick Wasunna, sen- early because of insecurity,” the ior advisor to the World Vision Ken- headmaster continues. ya,” We need to achieve some level Nawoyaregae, 700 kilometres of education and use it to build peace northwest of Nairobi, is a school in communities. Providing opportu- barely getting by, with its mud-walled nity for education to the young gen- makeshift classrooms already crum- eration and helping them understand bling. Nursery lessons are conducted the role of peace in development is under a tree, with the young learners, very critical to address the situation. 30 in number, crowded into the avail- Joyce Emanukor, is the Educa- able shade, peering at instructions tion officer - Oxfam in Turkana. “At drawn on the battered blackboard. Oxfam, we are concerned at how the The Head teachers say, the school prevailing insecurity has uprooted earlier had more than 350 pupils, but children from schools, particularly this has fallen to 125. The figure fluc- those on the Pokot border, forcing tuates, but the trend is steadily down- them to relocate to facilities in other wards. areas, resulting in massive over- “The children are afraid. There crowding. These facilities are over- are armed bandits hiding with stolen stretched. There are no additional animals in the thickets behind the books, classrooms and other learn- School. In response, we are employ- ing material to care for the extra pu- ing the services of a police reservist, pils; the quality of education is quite who accompanies children to and TOP: Reservist Salim Iro accompanies herders in Turkana low.” from school. owing to heightened insecurity in the County. BOTTOM: pared to a national ratio 76 percent. Insecurity is not the only factor According to the Head teacher, “Insecurity is a great factor compromising education in Kenya’s Free Primary Education pro- compromising education in Turkana. Primary school net enrolment is just Turkana. It forces everybody to poses a gun- in school, at gramme has its work cut out here. A gross shortage of teachers is an- 26 percent in the Turkana South Dis- the grazing fileds even at home…” DC Mutuku Mwenga. The Police Reservists armed with other concern. For example, Nawo- trict where Kaputir is found, com- Photo/Malachi Motano rifles follow the children to play on yaregae Primary School, with an en- the school’s field and to River Turk- rolment of 350 or more school-aged well to draw water children, has only three teachers. “I escort them every day. I cannot “This is a great challenge, espe- take chances, because when the ban- cially when we have more pupils dits come, they attack all our people coming back to school after fighting including the children. This place is has subsided. The teachers get over- volatile. But children must learn; and loaded, and this is not good for the we must do all we can to ensure their pupils,” Omukaga, the school’s head safety when learning,” says Reservist said. He said he would need about Salim Iro while standing alert, gaz- nine to be comfortable. ing at the pupils from a distance as The situation is replicated in he caresses the weapon. According to neighbouring East Pokot District, Oxfam foundation, as many as five where majority of schools have just pupils are killed in attacks by raiders two or three teachers serving over every year. 200 students, according to Mutuku Charles Lopuya is the area’s Mwenga, the District Commissioner. chief. “Even though a 2007 presiden- He notes that teachers had been shy- tial directive led to the recruitment of ing away from being deployed in are- Kenya Police Reservists in bandit-hit as such as Turkana and Pokot, largely areas, this has not addressed the secu- due to the insecurity. rity situation because of inadequate Even though the government is numbers. Only one police reservist is trying to deploy more teachers in deployed to each of the three schools these regions, enticing them with ad- in the region, which are about 10 ditional allowances, analysts contend kilometres apart. This is insufficient. that uneven progress on education To provide adequate protection we will leave remote rural communi- want about six reservists for Nawo- ties - who need it as much if not more yaregae.” than anyone - behind. The Link, April 2012 GOVERNANCE 7 Kieni DEO under fire Water body crippled by head by delayed payments teachers By LINK CORRESPONDENT By JOSEPH MUKUBWA FAILURE by water bodies and com- A CROSS section of secondary school panies to pay the cost of water provi- head teachers from Kieni West district sion has curtailed operations of the have called for the transfer of senior Water Resource Management Author- education officials in the area citing ity (WRMA). laxity and highhandedness. According to the authority’s chair- The head teachers stormed area man Francis Nyenze, the institution is DC’s office in Mweiga and demanded owed more than Ksh2 billion by dif- the immediate transfer of the District ferent water bodies in the country, a Education Officer Elkana Nyaga who fact that hampers its operations. they blamed for the declining stand- “We want water bills to be paid ards of education in the area. promptly and we are putting all de- The angry head teachers also faulters on notice. We will not con- claimed that the DEO has been harass- tinue to allow them to source for our ing them. One head teacher who did water without paying for it,” stressed not want to be named claimed that the Nyenze. education officer has been intimidat- He noted that the authority will ing, harassing and insulting them and continue with disconnection of wa- instigating their transfers for no appar- ter to companies that do not pay for ent reason. the commodity promptly and advised Led by the area MP Nemesyus them to seek ways of settling those Warugongo, the teachers said it is un- bills. fortunate that the District was ranked Nyenze said water charges were the poorest in performance in the still affordable and thus there should Mr. Nyenze, WRMA chairman Mr. Mibey, Moi University constituency. The MP said that he has be no delay in payment to the author- written to Education Minister Prof ity. Meanwhile WRMA has signed a Irrigation Board (NIB) for delays in its services in other parts of the coun- Sam Ongeri over the matter and was “We use the money that we collect memorandum of understanding with clearing the debt since it is the body try including the flood prone areas waiting for reply. from various companies for conser- Eldoret Water and Sewerage Compa- that is responsible for management of to end the perennial displacement of “I will also boycott the forthcom- vation of water catchment areas and, ny to guide in the payment of Ksh6.5 water in the area. people and unwarranted deaths. ing District Education Day because therefore, no one should delay us or million debt. “I am taking up the issue with NIB “We are going to construct a dam he is the one organizing it. I will not else Kenyans will not get this essen- The company will be paying the since they are the permit holders,” re- that will act as a water reservoir to donate even a trophy or any resource,” tial commodity,” he reiterated. authority Ksh816,000 per month in iterated Olum. minimise flooding and cases of peo- said the MP who accused the DEO of Nyenze put on notice those who addition to quarterly payments of He urged the Government to come ple being displaced,” explained Olum. serving the interests of his political are destroying the catchment areas Ksh1.3 million. with modalities on how the debt will Through community based or- detractors. Warugongo said he will saying that they will be arrested and At the same time, water shortage be repaid failure to which WRMA ganisations, WRMA has set aside not relent in his quest to see the DEO charged in court. in Eldoret town in North rift is set to will move to court. Ksh25 million for conservation of the leave the constituency. Speaking at the same function, be a thing of the past after Eldoret Olum noted that over the last eight environment in various parts of the The DC who is the chairman of Prof Richard Mibey, Vice-chancellor Water and Sanitation Company com- years, the company had lost huge country. District Education Board said he of Moi University noted that the insti- pleted its rehabilitation project. amounts of money through bad debts The money will be used in the has received the grievances and will tution will partner with organisations Meanwhile, Mwea rice farmers and thus plan to move to court to have reduction of soil erosion and degra- address them amicably. The DEO in the area to enhance protection of owe WRMA over Ksh 1billion. Ac- organizations pay their debts. dation as well as encourage activi- has been in the district for only five water catchment areas. cording to Philip Olum, chief execu- He said that once the debt is recov- ties that help in the management of months after he was posted from Wajir “Moi University will continue to tive officer WRMA, farmers in Mwea ered, the money will be channelled forests. area. Efforts to contact the DEO were partner with WRMA in protection of have not paid for the water for a long towards the construction of dams for In September last year, WRMA fruitless as he could not be reached on wetlands and other water sources,” time. irrigation in Nyanza, Taita and Isiolo. cut water supplies in Mwea Division his mobile phone. noted Mibey. WRMA is blaming the National The Authority also plans to extend over Ksh1 billion debt.

By AGGREY BUCHUNJU committed to promoting the advance- ment has acknowledged this by putting is in the process of enacting family ment of women’s issues. in place various policies, legislations protection bill that seeks to address MPs THE International Women’s Day ob- Keya urged the women to seize the and programmes to support year ef- domestic violence and its adverse ef- served in March every year represents opportunity availed to them especially forts,” he said. fects in the family units. opportunities to advance the rights of this year to elect their fellow women in The assistant minister however, Keya urged fellow parliamentar- urged women in the socio-economic and po- various political positions so as strength- urged women leaders of this country to ians to pass the pending family bills litical development. en the voice of the women in advocating be good role models to the young gen- to protect the rights and welfare of Gender, Children and Social Devel- for gender and women issues. eration by portraying good leadership women. to pass opment Assistant Minister Atanas Man- He reminded the women that the qualities. The legislator mentioned the bills yala Keya says that on this day, women Government created an enabling and This, Keya added, “would stir our as family protection, marriage and take stock of milestones accredited to sustainable environment to facilitate nation to higher levels of development matrimonial property bills of 2009. family their hard work and determination. their progress and asked them to take up and sustained growth”. In conclusion Keya urged men Speaking in Bungoma town dur- the challenge. In an endeavour to reduce incidenc- and women to unite so as to create a ing the celebrations, Keya who was the “You have made tremendous con- es of gender based violence, the assistant peaceful society free from discrimi- bills chief guest, said that his ministry was tributions in this nation and the govern- minister claimed that the government nation. Now civic leaders demand send off package By BEKADZO TONDO term in office. powers to approve such payments had gone into supporting community Councillor Mwambire said that “After successful completion of unless they receive consent from the projects and paying school fees to Kilifi County has enough capital to CIVIC leaders in the country are de- our five- year political term in office, Minister of Local Government. needy children. pay their civic leaders the send off manding a send off package as they I think it is fair for the government to “You may be entitled for such a “Councillors interact more with package as its revenue collection is complete their five year term later in appreciate the work done by the civic token, but we as administrators do not people at the grassroot level and there- not bad. However he said the coun- the year. The civic leaders want the leaders in planning and initiating de- have such powers to approve for ad- fore they spend most of their allow- cil needs to identify other sources of Association of Local Government velopment projects in their respective ditional payments without the consent ances in addressing myriad of issues revenue to boost the current revenue and Authorities in Kenya (ALGAK) wards by awarding us a token,” said of the minister,” said Mr. Morintat. afflicting the public and thus cannot collection to enable them get the send to push for their retirement package Mr. Mwambire. Mr. Morintat advised the civic save anything to help them in their off packages and offer better services ahead of the General Elections. Mr. Mwambire who chaired the leaders to lobby for the package campaigns,” said Mr. Mwambire. to the members of the public. Speaking during a full council meeting on behalf of the council through ALGAK and when approved Earlier, the Minister for Local “The council collects enough meeting at Kilifi county council, the chairman Mr. Anthony Kingi , said the council will look at their issues. Government Musalia Mudavadi had revenue to pay us the send off pack- deputy chairman Mr. Teddy Mwambi- ALGAK must intervene on our behalf The over 40 civic leaders at the indicated that councillors could only age but we still urge the administra- re said that councillors, like the Mem- and push for a send off package. council said the send- off package receive retirement benefits if their tion to explore more revenue sources bers of Parliament be given as send The county clerk Mr. Leboo Ole could come as a relief during the cam- respective local authorities have a to increase the collection,” said Mr. off upon completion of their five year Morintat said chief officers have no paigns as most of their allowances strong financial base. Mwambire. The Link, April 2012 8 EDITORIAL & COMMENTARY The

LinkEnhancing governance for all Stand up against lords of impunity T is increasingly becoming apparent to Kenyans that the lords of impunity are having their way Iin government. Recent changes in cabinet, espe- cially on the PNU side, were clearly meant to show Kenyans who calls the shorts in government. But as Phyllis Schlafly famously said: Bite us once, shame on the dog; bite us repeatedly, shame on us for allowing it. Are Kenya’s allowing the lords of im- punity to steal or stall their revolution. In my view, it COMMENTARY was never meant to be this way. After the enactment of the new constitution, Kenya glimmered with hope. We envisioned accountability and integrity at all the levels of the government. But, reality is dawning fast, IEBC’s election date the script might have changed but the cast remains all the same. The deputy chief justice saga and the reactions from the government on the confirmation of charges raises legal issues on the ICC suspects are a clear indication that the more things change, the more they stay the same. I HE public debate generated hoves all Kenyans, including all believe it’s time for Kenyans to evoke the spirit of by Independent Electoral COMMENT other constitutional organs and of- the constitution. We need to keep the government ac- Tand Boundaries Commission fices, to respect IEBC and its man- countable or otherwise someone will continue play- (IEBC) announcement of the elec- By LINK CORRESPONDENT date. ing Russian roulette on us. tion date raises pertinent legal is- IEBC is established under Arti- The government through the advice of Githu sues. cle 88 of the Constitution of Kenya, At the fore, is whether IEBC is Having found that the first elec- 2010, and is an independent Con- Muigai,the AG, has decided that “The suspects are the constitutional organ mandated tions under the Constitution shall be stitutional Commission within the appearing in their individual capacity. The govern- to set the date of the General Elec- held within sixty days from the end meaning of Chapter 15 of the Con- ment cannot speak on their behalf on what to do and tion; and if so, has IEBC set the date of the expiry of the National Assem- stitution. In terms of both Article what not to do.” If that’s the case, why is the govern- within the parameters of the Consti- bly as provided or upon dissolution 88(4) of the Constitution and Sec- ment forming commissions to advise it on the ICC tution and the Law. of the National Coalition, IEBC has tion 4 of the Independent Electoral cases? Both these questions can be the mandate to fix any date within and Boundaries Commission Act, interrogated comprehensively in the sixty days thereafter. 2011, IEBC is inter alia “responsi- Why did William Ruto and Henry Kosgey resign The Constitution of Kenya, and when they were charged in court or is the ICC a less- the judgment handed down by the ble for conducting or supervising Constitutional Division of the High specifically Article 165, gives the referenda and elections to any elec- er court? Why are people holding public office being Court (Lenaola, Ngugi and Majanja High Court jurisdiction to hear tive body or office established by allowed to treat those offices as private entities? Why JJ) in Constitutional petition no.65 and determine any questions with the Constitution”. is Uhuru still holding on to the DPM’s post despite of 2011. respect to the interpretation of the In terms of Sections 14, 16, 17, public outrage? In its judgment on the question, Constitution, unless a decision of and 19 of the Elections Act, IEBC It’s not easy to get answers to these questions. We the constitutional Court ruled that the High Court is reversed or varied shall publish a notice of the holding are in a maze created by the leaders of this nation. the first General Elections under the either by the Court of Appeal or the of the election, in the Gazette and Supreme Court. They will act the way they do as long as it’s conven- Constitution can only be lawfully in the electronic and print media of held as follows:- Therefore, the recognition of national circulation, in the case of a ient for their power struggles. They have taught us IEBC in the judgment by the Con- to tolerate bad leadership, bad roads. Sadly, we have In 2012, the elections are to be General Election, at least sixty days held within sixty days from the date stitutional Court as the organ con- before the holding of the elections. learnt to reconcile easily with bad governance. We on which the National Coalition is stitutionally mandated to set the As regards the first General Elec- keep re-electing corrupt politicians because of their dissolved by written agreement be- election date, is thus authoritative tion under the Constitution of Ken- looted wealth – and spend all the time whining about tween the President and the Prime and constitutionally and legal bind- ya, 2010, IEBC has made public its how bad they are. Minister in accordance with Section ing. decision to hold the said Election on We are in an election year. We can choose to whine 6(b) of The National Accord and It is thus clear that, in the dis- 4th March 2013. for the next five years, or we can decide today to Reconciliation Act, 2008 or within charge of the mandate, IEBC acted Article 2 of the Constitution sixty days from the expiry of the entirely within the parameters of the of Kenya, 2010, states that, “This make a difference. If we don’t, we will forever blame Constitution, as stated by the Con- ourselves for allowing the same dogs of impunity to terms of the National Assembly, on Constitution is the supreme law of 15th January, 2013. stitutional Court. the Republic and binds all persons bite us repeatedly. On the question, “which body The date set by IEBC is there- and all state organs at both levels of under the Constitution is entitled fore the constitutionally valid date Government”. Further, by virtue of to fix the election date, the Court for the first General Elections under Article 3 of the Constitution, “Every concluded that in the light of the the Constitution. It is to be recog- person has an obligation to respect, The Link is published authority and powers conferred by nized that this date may change if:- uphold and defend the Constitu- Article 88 to the IEBC to conduct The Court of Appeal or the Su- tion”. monthly by the Institute and supervise elections, it is the preme Court reverses or varies the All Kenyans must therefore up- for Civic Affairs and IEBC that will fix the election date judgment of the High Court; or in hold the Constitution of Kenya, for the first elections under the Con- accordance with the Court’s rul- 2010, in particular by according Development (ICAD) stitution. ing, the President and the Prime respect to both the Judiciary in its THE IEBC is an independent Minister, by a written agreement, constitutional role of interpreting body and in line with its mandate, it dissolve the Grand National Coali- the Constitution, and to IEBC, in P.O. Box 7438-00200, Nairobi, Kenya. shall fix a date once it is satisfied the tion; or the Constitution is amended the discharge of its mandate, as the conditions and arrangements that to expressly set a different election Election Management Body, includ- Tel: 020 6001776 / 020 6001274 ensure a free and fair election have date. ing, the mandate to set the date for Email: [email protected] been met but within sixty days of In the absence of any of the the first General Election under the either of the two events referred to. above events taking place, it be- Constitution of Kenya, 2010. The Link, April 2012 GOVERNANCE 9 LinkThe Enhancing governance for all Njoka now wants EDITOR DANIEL OTUNGE SUB-EDITOR women group banned FAITH MUIRURI By JOSEPH MUKUBWA ASSOCIATE EDITOR OLOO JANAK MAENDELEO Ya Wanaume Organi- zation has called upon the government to ban the Maendeleo Ya Wanawake Organization saying it is a hate group. WRITERS The organization chairman Mr Nderitu Njoka said the recent remarks MORRIS GITHENYA Central by the organization’s chairperson 0735 855586 Rukia Subow of inciting women to continue battering their men in the country clearly shows that it is a hate JOSEPH MUKUBWA Central group. 0724 039787 Speaking in Nyeri town recently during the launching of a book, ‘Man in the Desert, Woman in Paradise,’ BEKADZO TONDO Coast the chairman who was accompanied 0728 341240 by the organization Secretary General Mr Fredrick Mwangi said the wom- en’s organization is meant to subdue PETER MUTUKU Eastern and suppress men and so should be 0721 455048 banned. He spoke on a day when women were celebrating the International KAVYU-KURA Eastern Women Day. 0721 000000 Njoka also called upon the Gov- ernment to address the issue of dress codes among women. BOB OMBATI Nyanza “The issue of dressing code was Maendeleo Ya Wanaume chairman Nderitu Njoka after launching the 0728 435255 raised by men and women country- book, ‘Man in the Desert, Woman in Paradise,’ yesterday in Nyeri town. wide. They were unhappy the way Photo/Joseph Mukubwa Vandals disrupt OJWANG OGOCH Nyanza some men, women and the youth dress up indecently in public. market especially in education sector, boycott the forthcoming general elec- water supply 0725 690223 The Government should intro- civil servants and telecommunication tions if the sections favouring women duce a dressing code in public. Action center among others and urged the are not scrapped in the Constitution. should be taken against men, women Government to practice equality. He told the men to instead hold to Ukambani NYAKWAR ODAWO Western “Women are occupying white demonstrations across the country and youths who dress indecently be- By PETER MUTUKU 0726 264153 cause they are fuelling sexual abuse,” color jobs while their male counter- during the elections day. parts are left with few chances in the He promised to give the book to the chairman added. THE water problem facing parts of He noted there are many dispari- muscular jobs,” he complained. President Kibaki and PM Raila Od- LUKE KAPCHANGA Western The chairman also urged men to inga among other VIPs and ministries. Ukambani has been blamed on ille- 0723 622136 ties between men and women in job gal diversions on the main supply at Mt Kilimanjaro by vandals to irrigate farms in Kajiado. AGGREY BUCHUNJU Western Tanathi board director Charles 0733 537002 Kiharu CDF fraudsters arrested Kimeu says the vandals have de- stroyed the pipeline in several places By MORRIS GITHENYA at Kshs 500, 000 from a Kangema plices are being pursued by the po- bank. lice. and dug deep trenches to aid in the di- version of water into their farms. LAYOUT AND DESIGN: A MAN who walked into Kiharu’s Murang’a East DC Mr George “After disappearance of the This, he says, has led to the fre- Constituency Development Fund of- Natembeya says the detectives cheque, committee members re- quent water shortages experienced in WALKER DESIGNS fice and stole cheques endorsed for a have been pursuing the three after a corded statements with investiga- Emali, Sultan Hamud, Salama and cheque drawn in favour of Njoguini tions narrowing on three people who 0725 903 938 particular project has been arrested. Machakos towns. Besides digging The suspect was picked from his water project valued at Kshs500, withdrew the cash from the bank,” channels to their farms, the vandals [email protected] Kahuhia home by CID officers who 000 disappeared from the office. said the DC. have also created small dams to store have been investigating circum- Speaking in Njogu-ini village The administrator asked the CDF the treated water which is supposed to stances under which the cheque was when he inspected a water project committee to allocate the project get to Machakos from Mt Kilimanjaro lost and the identity of three peo- funded to the tune of Kshs 3.3 mil- additional funding to aid in the pur- through Nul Turesh Pipeline. ple who cashed the cheque valued lion, the DC said two of his accom- chase of water pipes for distribution. The residents of Machakos town say that police are yet to arrest the vandals inspite of a recent directive by Water Minister Charity Minister. The Tanathi board director says Kajwang tipped on issuance of IDs the vice has continued unabated with By BEKADZO TONDO tity,” said Mr. Chonga. enable majority of people exercise the full knowledge of both the provin- cial administration and the police. This Newspaper appreciates Speaking at Chasimba, Mr. Chon- their democratic rights during the IMMIGRATION Minister, Otieno ga urged youth who had obtained their elections. However, the residents of Emali the facilitation accorded by Kajwang has been challenged by Kil- identity cards to register as voters and Mr. Chonga further said people in and Sultan Hamud accused local poli- the Konrad Adenauer Stiftung ifi leaders to hasten issuance of identi- elect leaders of their choice. Bahari constituency need to be edu- ticians of colluding with the vandals (KAS) in Kenya fication cards to the youth in the area. “Most people in Coast Province cated and apply for new voters’ cards and providing them with protection. The politicians expressed fears that have not realized the importance of following the split of the constituency “We are informed that one of the delays in issuance of IDs was likely to registering as voters and thus the need into two. directors of a water company comes lock out many youth from participat- to change their attitudes,” said Chon- “Independent Electoral and from the area and thus the diversion All correspondence and ing in the forthcoming general elec- ga. Boundaries Commission IEBC) has thrives unabated,” a local trader Mun- tions due to lack of voters cards. Another politician Mr. Peter Shehe approved the splitting of Bahari con- yalo Katua said. enquiries to the editor, Led by Ken Chonga, the politi- scoffed at assertions by the minister stituency into two to create Kilifi Initially the residents had pointed cians at the same asked the registra- for Immigration and Registration of south and Kilifi North and therefore fingers at the flower farms in Kitenge- P.O. Box 7438, 00200, tion of person’s department in the area persons Mr. Otieno Kajwang that his the commission has an obligation to la and Athi River for the water short- to stop imposing unrealistic demands ministry had enough funds to carry sensitize the voters to acquire new ages in town only to realise that the Nairobi, Kenya. on the applicants as majority were out mobile registration in the villages voters cards to ensure that they elect pipeline had been heavily vandalised opting out of the process before they to ensure those who have attained their respective leaders,” said Mr. in Kajiado County. Kimeu urged the Tel: 020 6001274 can acquire IDs. 18 years and above get the IDS, say- Chonga. provincial administration and police “Most youth are being forced to ing the scenario was different on the Bahari MP Mr. Benedict Gunda to arrest the vandals to stop the vice. Telefax: 020 6001776 abandon the process because the of- ground. expressed similar sentiments, saying “Those diverting the water are self- ficers demand unnecessary informa- He said that the Minister must en- that through civic education, voters in ish because they are denying thou- e-mail: [email protected] tion including the production of their sure that registration of persons goes Bahari will know where to cast their sands of residents their right to water,” parents’ title deeds to verify their iden- on smoothly at the grassroot level to ballots. Kimeu said. 10 The Link, April 2012 GOVERNANCE

KTTC tutor Kombo calls for privatisation of Webuye sets eyes By AGGREY BUCHUNJU get back on track, politics must be de- per mills in order to save the factory during the plebiscite the government linked from its management and the from collapse. pumped into the factory Kshs. 500 NOMINATED MP Musikari Kombo Mill handed over to a private inves- The legislator’s remark comes million in order to woo the region’s on Nyamira is now appealing to the Government tor. against a backdrop of concerns by residents to vote yes. to privatize the troubled Webuye Pan The MP cites the Eldoret based leaders over the Government’s com- He, however, dismisses the Senate seat Paper Mills in Bungoma County. cloth making factory Rivertex as one mitment to revive the factory. amount as a drop in the ocean add- Kombo is of the opinion that re- of the factories that had grounded to a For instance Bumula MP Wakoli ing that it was nowhere near the debts By BOB OMBATI vival and sustainability of the giant halt but got back on track after man- Bifwoli reads mischief in the Gov- that had led to the factory’s abrupt paper industry in East and Central agement was taken over by a private ernment’s assertion that the factory closure. A TUTOR at Tambach Teachers Africa can only be achieved through entity: Moi University. would be revived. Wakoli feels that if the Govern- Training College (TTC) Rachael privatisation of the factory. “Rivertex was revived by Moi Wakoli accuses the government ment was serious to revive the factory Bosibori Gechiko has joined the Kombo attributes the woes facing University and it is now doing so well of not being serious to revive the fac- and had the welfare of the local com- race for Nyamira county sena- the factory to active involvement of because its management is devoid of tory saying leaders want the current munity at heart it would immediately tor’s seat. the government in its management political interference,” he says. financial woes facing the industry release more funds for the factory’s Bosibori who is the first wom- claiming that efficiency is being de- Consequently, Kombo urges to persist so that they can use it as a sustainability. The factory is indebted an to declare her candidature for liberately compromised because of Masinde Muliro University of Sci- campaign tool. to the tune of Kshs. 8 billion hence its the seat which is currently domi- vested political interests. ence and Technology (MMUST) to The MP who is also lands assist- revival and subsequent sustainability nated by male aspirants plans to He suggests that for the factory to take over the management of pan pa- ant minister for instance says that is increasingly becoming elusive. resign from her tutorial job by May to launch her campaigns to capture the coveted seat. She urged the legislators to pass the Kenya Constitution Kibaki refusal to sign law praised Amendment Bill 2011 once it is tabled in parliament to help de- termine the election dates and By LINK WRITER enable civil servants aspiring for THE President’s refusal to assent the elective posts resign from their County Governments Bill, 2011 is jobs. The Tutor, who spoke at a Kisii hotel after a Federation of a blessing in disguise. It provides us Women Group leaders meeting with a definitive moment to not only recently said she wants to join redesign structures of the Provincial politics to help improve educa- Administration but also to review the tion standards in the county be- policies and functions of public agen- sides making it the best managed cies. county nationally. The Constitution creates two lev- The Trainer noted the county els of government, both at the county has enormous resources which and national level and distributes remain untapped, adding that she functions between them. Article 6(3) will encourage local and foreign is emphatic that the national govern- investors to develop the county to ment must ensure reasonable access to help alleviate poverty among the its services in all parts of the republic. residents. The question that must be quickly Bosibori, flanked by the yet carefully answered is how then County’s Women Representa- should National government decen- tive aspirant, Nyarinda Moikobu tralise its services to the County, Con- asked women to seek other elec- stituency and Ward level? tive posts instead of crowding the The colonial and post independ- race for the women representative ence governments in Kenya opted seat to increase their numbers in leadership positions both at the for provincial administration as their county and national governments. preferred way of decentralising serv- “We want many women to ices. But this only served to perpetu- capture top seats in the counties ate tyranny and exclude majority of and the national assembly for Kenyans. While, the Provincial Ad- fair representation as outlined in ministration purported to maintain the constitution. We do not want law order and order, crime spiralled to favours from men but we must alarming levels with more areas regis- President Kibaki capture our seats on merit,” said tering a near disintegration of essen- Bosibori tial services. Conflict situations took of Administration Police officers to cated. themselves and a few supporters of The aspirant, who is a gradu- another dimension as the provincial oversee ‘security’ in vast locations. In On environmental protection, politicians who masquerade as squat- ate from Andrews University in administration quasi-judicial role in remote areas, the chief has to contend Kenya has lost substantial forest cover ters, while the politicians they front the USA said she will use her conflict resolution, peace building or with support from untrained, unmoni- through illegal logging and recom- for hive off thousands of hectares of international network to market cohesion was replaced by a clogged tored and often ethnically and politi- mendations, often by the provincial forest land. the county and ensure improved up system that was not responsive to cally biased Kenya Police Reservists administration, to de-gazette forests in On the quasi-judicial function of social, economic, cultural and in- the needs of the ordinary Kenyan. (KPR). the name of settling squatters. Media peace building, cohesion and conflict frastructural development. A more clearer perspective on the Youth countrywide are grappling reports have revealed that such recom- resolution, the Kofi Anan-led recon- She challenged men to shun performance of the provincial admin- with the effects of unregulated alco- mendations to degazette forests and ciliation team in 2008 heard that mis- retrogressive cultures which rel- istration renders it unfit to continue hol, drug abuse and trafficking. The water catchment areas are often done allocation of land is essentially what egate women to their traditional existing in a democratic order. proliferation of small arms and live- under guise of grabbing prime land fuels inter-ethnic conflict. Yet, it is the roles and support women capture political seats, adding that the On security or crime prevention, stock theft threatens the social fabric for the benefit of unscrupulous politi- as criminals become more sophisti- cians, the Provincial Administration Turn to page 20 country would develop faster and the chief still operates with a handful attain vision 2030 if more women are involved in leadership. Bosibori affirmed that women are not corrupt, adding that they Co-ops boss calls for more savings can be entrusted with the coun- try’s economic resources and By MORRIS GITHENYA out as dividends to members at a later vive if members continue supporting among other forms of investments. ensure that each Kenyan benefits stage. them,” he pointed out. On Saccos that operated Front Of- just like children at a close knit KENYANS have been advised to save The Commissioner described Sac- Odhiambo said lending rates at the fice Operations Service (FOSA), the family. their money through Saccos in order cos as the only available remedy to the saccos are much lower as compared to commissioner pointed out that 219 co- “As a woman and mother, to tame financial institutions that have recent global financial recession that those offered by financial institutions operatives have been issued with op- I will see the county as a home been hiking their lending rates. has seen major banks closing down. that have caused untold suffering to erating licenses to give their members where every family member gets The Commissioner for Coopera- Speaking in Kirinyaga County millions of Kenyans. services similar to commercial banks. his or her share of resources for tives Fredrick Odhiambo said invest- during the opening of Mwea Branch “Proceeds from the banks are Kirinyaga County based Muhigia self and collective development,” ing in credit and cooperative socie- Muhigia Sacco, the commissioner shared among the investors as com- Sacco formerly a teachers coopera- stated Bosibori. ties had posted remarkable growth disclosed that while the collapsing pared to dividends from the sacco tive Sacco pioneered FOSA services Bosibori’s candidature fol- through investments in various sectors banks were bailed out by their respec- which benefit members after pay- in 1995 at a time when others were lows an announcement by the Or- of development. tive governments, none of the Saccos ments to their employees,” said the opposed to the service but have now ange Democratic party national “The government was encourag- worldwide faced threats of closure. Commissioner. He cited a recent applied for licenses. official, Janet Ong’era who has ing Kenyans to join Saccos as this “After the global financial crises study which revealed that most Sacco “Today there are 219 saccos oper- declared her interest for the Kisii enables them to pull their resources that affected financial institutions, members have managed to educate ating FOSA with many more seeking county’s Women representative together and apply for loans at cheap- Saccos remained intact, to prove that their children, improve their living authority from Sacco Regulatory Au- seat. er rates with proceeds being shared they can stand on their own and sur- standards and construct rental houses thority,” said the commissioner. The Link, April 2012 CITIZENS’ WATCH 11 @

Profiteers made Miserably, it’s no longer a crime to Educate people cost of living on cancer more worse insult the modesty of a woman in Kenya screening tests UP to about five years ago, it was a A RECENT World Bank report crime to insult th modesty of any CANCER is a life-threatening con- restated what is already common woman under the Penal Code intro- dition that has robbed the lives of knowledge — global food insecu- duced in 1930, and even under the our loved ones. It is a scary and slow rity and escalating poverty. With Indian Penal Code which it replaced. killer disease, which brings stress widespread degradation of the en- The crime, punishable by a year in and torture to both the victim and vironment and the negative impact jail, was supplanted by the Sexual Of- family. It claimed the life of my dear of climate change, recent announce- fences Act in 2006, leaving a regret- one last year and it was so painful ment of world population hitting the able void. for him and to my entire family to seventh billion mark is bound to add The Act repealed section 144(3) see him suffer. to uncertainty over food security and of the Penal Code which made it a general poverty. misdemeanour “to insult the modesty We tried the treatment that was Amid the apprehension, the gulf of any woman or girl”. It was bsed on available in vain because the prob- between the rich and the poor is wid- the morality of Victorian England but lem was realised late when it had ening. The message by anti-capitalist it served Kenyan women well. spread. protestors occupying St. Paul’s Ca- Section 144(3) criminalised sexu- Many people are dying of can- thedral in London, New York’s Wall ally insulting, harassing or tormenting cer in Kenya now at an alarming Street and Oakley in the US in recent a woman. For example, you could not rate. Cancer of esophagus, breast, call a woman a prostitute or loose or weeks is that something is not right Law Court: The Sexual Offences Act sometimes hinders courts from prostate, liver and ovary has now make obscene gestures and catcalls, punishing sex pests despite their obnoxious behaviour. become a fear factor in every com- and the state of affairs needs to be or pester her for sex, without legal re-evaluated. What the world is wit- consequences. It would have been a to any person against his or her will.” quashed the award and conviction on munity. nessing cannot be explained away as misdemeanour, a crime that is legally It is punishable by imprisonment May 7, 2010. It has by far superseded HIV and mere expressions of neo-socialism less serious than a felony such as mur- for a term nt exceeding five years or Many people are now unhappy Aids, which used to be feared the fervour. Truth is, the power of capital der and arson. a fine not exceeding Kshs.50,000, or that anybody can sexually pester, har- most. The outcry at the moment is: has been degrading the safeguards All the same, for the women vic- both, if committed with an adult. ass, bait, torment, tease, taunt and bug where is our hope with this enemy? put in place by the International La- tims, psychologically and emotion- Though section 144(3) did not de- women, without legal consequences. What is really the cause? Is it the bour Organisation (ILO), the trade ally, the sexual insults were, and still fine what it means to “insult the mod- One of them is chief magistrate Kiarie change in our lifestyle? Processed union movement and consumer are, no “less serious” than a felony as esty of any woman”, courts punished Waweru Kiarie. In an article, “The foods that have flooded our super- rights lobbies. they touch on their very dignity and such acts as obscene catcalls, calling a Sexual Offences Act: Omissions and market counters or is there some- The rising cost of food and con- violate their rights. woman a harlot, exposing one’s geni- Ambiguities”, in he current issue of thing new not yet discovered? The Sexual Offences Act falls tals to a woman, writing letters mak- the Kenya Law Review Journal, he sumer goods is not restricted to Ken- These warrants thorough re- ya. A number of European countries short of the provisions of section ing indecent overtures and displaying says section 144(3) played “a very search by our public health team and are edging towards the economic 144(3). It leaves women helpless in pornographic material to a woman. central role” in checking conduct turmoil that has engulfed America a patriarchal culture which holds that Today, courts can only take on that is not covered in the definition of I hope these professionals get con- for well over a year now. Nobody the body of a woman belongs to man. such acts if they amount to a breach “indecent act” in the sexual Offences sidered in funding so that they can can claim that there are any quick fix The Act, modern as it is, only of public peace, or if they are said to Act. do a good job because they can save solutions so we should not expect the criminalises sexual harrassment by defame the woman, as in the case of He says he recently tried a case the lives by pointing at the cause and government to perform any miracles. a person “in a position of authority Anisia Kagwiria Mungania vs Lucy where a man harassed a 12-year-old suggesting the intervention. or holding public office”, and then Gakanyi Kirema. by pestering her to have sex with him The good news, with cancer is However, the government must be only if that person makes the sexual on the lookout for profiteers and car- Ms. Mungania claimed Ms. Kire- until she ran way from home. Since that it is preventable and treatable if advances or requests “persistently”, ma called her, in Kimeru, a prostitute the Sexual Offences Act does not ca- diagnosed early, and the bad news is tels who exacerbate Kenyans’ pain. and if he knows, or has reasonable and uncircumcised. The words, she ter for such acts, he says he had no We do not believe on command grounds to know, the advances or re- said, were uttered in the presence of option but to acquit the man “in spite that there is little hope once it has economy where prices are arbitrarily quests are unwelcome. other people, including children, and of his obnoxious conduct,” Mr. Kiarie metastasized to other organs. Cancer fixed and market dynamics interfered The Act also criminalises “inde- her reputation was injured and, as a concludes, rightly, that the Sexually can be diagnosed early if people are with. However, there must be sensi- cent act”, defined as “an unlawful result, children disrespected her. Ti- Offences Act should be amended to enlightened on some of the preven- tivity on the part of oil merchants, intentional act which causes any con- gania district magistrate D.J. Nyaga incorporate the provisions of the re- tive measures like having annual landlords, PSV operators, manufac- tact between any part of the body of a awarded Ms. Mungania Kshs.10,000 voked Section 144(3) of the Penal check-up. turers down to the retail chain. person with the genital organs, breasts in general damages. However, Ms. Code. There is a high need for everyone This is not to say that firms or buttocks of another, or exposure or Kirema appealed to the High Court Peter Mwaura, to participate in annual check-up, should sell fuel at a loss, that PSV display of any pornographic material in Meru and Justice Mary Kasango via e-mail have your blood checked to include crew and operators should be denied cholesterol and such like. Make ap- profit but to appeal to them to accept pointment to see your doctor like the guidelines rolled out by the regu- you would take your car for serv- latory mechanism and even market icing. By doing so, we stand high realities so that they pass on the ben- efits to consumers. chance of detecting cancers in early They must remember that in- stages. crease in fuel cost drives up the cost Everlyn Tarus, of everything else disproportionate- Via e-mail ly. For example, why not give Ken- yans a break when crude process fall at the international market? In any case market forces work best where competition is fair with reasonable latitude in supply options. This country cannot afford to be complacent and assume that social upheavals only occur in other plac- * The editor welcomes letters and es. In part due to historical reasons comments on a variety of issues. founded on colonial practices, ineq- The letters should be brief, uity is rife in our country. topical and issue based. This together with migratory The editor reserves the right to patterns from rural to urban to seek edit for brevity or clarity. relief, poverty is getting dredged. To their credit, these people have de- Write to: vised ingenious ways of surviving The Editor, but let’s not push our luck too far. The Link, Okello K’Ajoji, P.O. Box 7438 – 00200, Nairobi. via e-mail E-mail: [email protected] 12 The Link, April 2012 GOVERNANCE Busia councillors lock horns with Balala roots for quality Clerk over funds By NYAKWAR ODAWO A SERIOUS row has erupted at the county leadership Busia County Council between civic leaders and a chief officer over alleged By LINK WRITER will gain most in the new dispen- building and preparation at the lo- the success of devolution. sation may be the biggest losers in cal level,” adds the report. “In many countries, poor sys- loss of Kshs12million that had been earmarked for paying contractors. THE question of how county gov- practice. The document also states that tems of accountability have under- The report says that regions counties which the national gov- mined devolution leading to more Led by the Busia County Council ernments are going to be funded chairman Charles Onyango Olemu is sending jitters across the board which have been historically left ernment has interest in may reap corruption and weaker public serv- recent, the civic leaders barred the lo- with some quarters calling for a out are precisely the ones whose much in devolution as the Gov- ices,” states the report. cal authority clerk George Maruti from review of the proposed mode of capacity constraints are likely ernment will invest more in them. During the promulgation of gaining access into his office over resource allocation to guarantee to be more binding and cites the Marginalised areas too will benefit the Constitution, President Mwai claims that he was mismanaging the equity. weak financial management, major much from this. Kibaki said: “New institutions will council’s project funds. Critics feel that some counties disruption in service delivery and The report further states that es- be established both at the national Activities at the local authority are already well equipped and, unmet expectations. tablishing strong systems and insti- and county governments and thus grounded to a halt after the irate civic therefore, it is unfair to fund them “The success of devolution tutions to enhance accountability must be supported by all Kenyans. leaders completely shut down the equally with areas that have suf- will depend critically on capacity at the county level will determine More importantly, let us use the clerk’s office and stopped him from fered marginalisation since inde- opportunities being offered by the gaining access into the office. pendence. county governments to develop all Among the accusations leveled Devolution presents an oppor- corners of the country for the at- against the clerk included non-pay- tunity for a more equitable model tainment of Vision 2030.” ment of workers’ wages for the last According to the President, three months. According to the council of development. But implementa- chairman, the civic leaders had unani- tion process comes against a back- unless all Kenyans join hands to make sure everything is done in mously resolved during a recent spe- drop of pronounced inequalities cial full council meeting to block the that have been premised on politi- the right way we may end up not enjoying the fruits of the new con- county clerk from office. cal inclinations. The meeting had been convened These, therefore underscores stitution. Speaking during the launch of to discuss the conduct of the clerk the need to craft strategies that will who they accused of misappropriating address the glaring disparities and the Kenya Economic Update by funds earmarked for payment of con- ensure that neither the Counties the World Bank at a panel discus- tractors awarded tenders to construct nor the national governments be- sion, Immediate former tourism various development projects within come financially crippled. Minister Najib Balala said that for the council’s eighteen civic wards. The Constitution mandates that the County Government to trans- “We unanimously resolved to bar a minimum of 15 percent of na- form Kenya’s economy, the quality the county clerk from office until he tional revenue be transferred un- of leaders elected to head the new accounts for the money in question conditionally to counties but this governance structures will play a because most development projects will not be enough to finance the major role. within the council’s eighteen civic full set of devolved systems. He noted that academic quali- wards had stalled due to mismanage- The annual World Bank eco- fications and experience were not ment of funds,” said, the local author- nomic update report provides an enough for leaders to spur devel- ity chairman who was flanked by eight insight on how these functions can opment. “We need to elect people civic leaders. of integrity, we need to have lead- However, contacted for comment, be devolved effectively. the county clerk defended himself According to the report, coun- ership and institution capacity,” said Balala. from the accusations insisting that he ties that currently appear like they Mr. Balala had not mismanaged the Kshs12mil- lion in question as the funds had been diverted to other projects approved by the local authority for implementation The county clerk said that initially State will not resettle Bungoma IDPs — Official the cash had been earmarked for pay- ing the contractors who have been By AGGREY BUCHUNJU will not get support from the Govern- Government cused the Government of applying working on council projects at the ment. The Special Programmes officer al- double standards. They wondered ward level, but when the local authori- IT is now official, Internally Displaced During the closed door meeting legedly told IDPs in Bungoma County why the Government was resettling Persons (IDPs) from all the 2,690 ty received second quarter of the Local Munene is said to have declared that to forget about any Government support IDPs in the country selectively by fo- Authority Transfer Fund (LATF) no families in Bungoma County will not IDPs in Bungoma County are not genu- since they failed to register and time for cusing only on those from Central and benefit from the Kshs.4.2 billion set single project had actually been com- ine. registration expired long time ago. Rift valley provinces. pleted. “This forced me to seek au- aside for resettlement of IDPs in the He allegedly argued that the region But in a rejoinder, the IDPs’ rep- Wanyonyi further asked Munene country in the current fiscal year. thority from the finance committee to was not a hot spot to warrant existence resentatives in a meeting that alleg- to explain why the Government in the divert the said funds to other activities Mr. Dan Munene from special of IDPs adding that the Ministry of Spe- edly ended in a stalemate challenged first place paid IDPs in the region the programme advisory board on reset- which included payment of salaries,” cial Programmes was specifically deal- Munene to explain why the Government initial Kshs. 10,000 if they were not said the clerk. tlement of IDPs in the country is cat- ing with IDPs with critical problems used a lot of taxpayer’s money to deploy genuine. egorical that the 2,690 families with a Maruti termed actions by the only. Munene is reported to have further the military in Mt. Elgon if the area was The meeting was convened fol- councillors as uncalled for since no population of 16,000 people are not said that special programme was only not a hot spot. lowing an attempt by the IDPs to earmarked as beneficiaries of the IDPs contractor had been awarded with cer- dealing with IDPs in registered groups They reminded Munene that Mt. camp at the Regional Commission- tificate of completion because the said resettlement fund. countrywide. Elgon had the highest number of deaths er’s office two weeks ago. Speaking to the IDPs representa- projects are yet to be completed. He is said to have reprimanded during post electing violence. The IDPs who were demanding to He at the same time said that once tives at Bungoma South District Com- IDPs in Bungoma County and Western The IDPs representatives; Mr. Hud- be addressed by the Regional Com- missioner’s (DC’s) office, Munene in- the said projects are completed, the Province at large for failing to register son Wanyonyi and Mr. Vincent Weswa missioner (RC), upper western, Mr. contractors would be paid their dues timated that IDPs in Bungoma County themselves in groups to pave the way and human rights activists, Mr. Job Rashid Mohammed were however, and by extension Western province as soon as the council receives its third for vetting and get support from the Bwonya and Mr. Taiga Wanyanja ac- beaten and chased away by the police. quarter of local authority transfer fund.

By BOB OMBATI administration of justice” by the gangs reformed department under the new was illegal, stressing that his depart- political dispensation will liaise with DIRECTOR of Public Prosecutions ( ment will report such cases to courts for relevant agencies to respond quickly DPP),Keriako Tobiko has blamed the immediate action. The Officer directed to their needs in relation to the deliv- Tobiko emergence of illegal gangs in the coun- the Witness Protection Agency and law ery of justice. Tobiko said that filing try to the backlog of cases awaiting to enforcers to move with speed and ad- system was being digitized as part of be dispensed at the law courts. dress the issue of illegal gangs which, the reforms in the judiciary to enhance speaks on Tobiko, who paid a courtesy call he noted was rampant in the region. delivery of justice, stressing that cases to the Eastern Nyanza Regional Com- He revealed that 66 prosecutors where files get lost will now belong missioner, Lydia Muriuki said delays will be recruited by the department to the past upon the completion of the emergence in the administration of justice had during the current financial year add- process. caused the public to lose confidence in ing that the department continues to The DPP who had earlier held a the judicial system and resort to illegal face a shortage of prosecutors owing closed door meeting with stakeholders of terror gangs that had established kangaroo to budgetary constraints. Tobiko noted in the Judiciary and provincial admin- courts where terror unleashed on inno- the Department had been allocated istration urged members of the public cent citizens reigns supreme. Kshs. 955m out of the required Kshs. to help in the implementation of the gangs Tobiko warned that intimidation 3.3 billion during this financial year. reforms through cooperation with ju- of witnesses and the so called “instant He assured the residents, that the dicial, provincial and security officers. Mr. Tobiko The Link, April 2012 GOVERNANCE 13 Massive voter education launched in Kisii By BOB OMBATI ing a civic education forum, noted it adding that hundreds of people were was endowed with productive agri- tional Assembly positions and pick those would be difficult for the electorate unable to access healthcare due to the cultural soils, tourism sites and rare with clear policies to serve them. He AN association in Kisii County has to elect their leaders if they were not shortage. He said the road network minerals and lime soapstone that must challenged the electorate not to sell their launched massive civic education for properly educated. He said that major- was in a pathetic condition and less be exploited through value addition to votes stressing that leadership belongs voters to help them understand the ity of the locals languished in poverty than 300 kilometres of tarmac road, improve the livelihoods of the local to them and they should vote for leaders devolved system of government and due to lack of knowledge and concen- adding that it also lacked public terti- people. He urged the government and based on their policies and not financial participate in the country’s democratic trated their energies in ventures that ary learning Institutions and a fully- Non Governmental Organizations to status or inducements, which, he noted in process. Kisii County Welfare Asso- were not economically viable, hence fledged university. inform people of the enormous oppor- most cases influenced their wrong deci- ciation ( KCWA) chairman, Elkana perpetuating the vice. He spoke as James Ongwae, a tunities around them to enable them sions during electioneering period. Onyando, says the organisation is sen- He urged community members former Permanent Secretary (PS) exploit their resources and elect vi- The former PS lamented that the sitizing voters on the constitution to to diversify their economic activities urged Kisii county residents to elect sionary leaders who can manage their region remains poor despite being en- enable them understand its implication and venture into income generating competent, qualified and credible resources for posterity. “You should dowed with enormous resources such in their lives. projects such as poultry and horticul- leaders to run the devolved govern- elect leaders who have your interest at as tea, coffee and banana farming, Onyando says majority of voters tural farming to fully utilize the dimin- ment and help the county take off eco- heart regardless of their clan or politi- adding that the dependence ratio stood are ignorant of the Bill of Rights, Polit- ishing land sizes in the region for max- nomically. Ongwae, asserted that the cal affiliation. If you elect bad leaders, at an alarming 70 percent. ical Parties and Elections Acts and do imum production to alleviate poverty problems facing the county stemmed you will regret,” said Ongwae. Ongwae asked the government to not know the operations of the county and improve their livelihoods. from poor leadership and had a bear- Ongwae who tackled governance establish an industrial zone in the area and its leadership structure. Onyando observed that the area ing in the way the voters elected their and leadership under the constitutional to enhance its potential to compete The chairman, who addressed lacked enough medical doctors with leaders. dispensation urged voters to examine fairly with other counties in job crea- members of the public at Marani area one doctor serving 100,000 patients, The former PS said the County politicians aspiring for county and na- tion through investments. in Kitutu Chache constituency dur-

Commission Kajwang opposes renaming told to speed of Mbita Constituency up release of By JOHN NYAMBUNE the current identity contravened their tion if the IEBC fails to consider their before the IEBC in Homa-Bay Coun- salary scales social, cultural and economic identity. proposal. ty Hall, Mbita constituents differed af- LEADERS in Mbita constituency are The elders says that they will not “We are not at war with anybody ter a section of the group proposed the By MORRIS GITHENYA sharply divided over plans to rename allow the neighbouring Luo commu- but our desire is to have an identity name to be changed to Suba North. the constituency to Suba North. nity to impose an identity that only that safeguards our cultural values in And constituents of Gwasi Constitu- THE Salary and Remuneration Residents allied to Immigration favours their political interests. The this region,” Asango said. ency unanimously agreed the name be Commission has been chal- Minister Otieno Kajwang, who is also elders vowed to seek court’s interven- During the recent public hearing changed to Suba South. lenged to unveil the proposed the area MP, insist that the name of his salary structure for all elective constituency should not be changed. positions under the new politi- “Already Mbita is a Suba word cal dispensation. and there should not be worries over The Parliamentary Budget- this. It still gives the identity to the ary Committee says the Com- community,” he said. mission was sleeping on the Leaders of Suba community on job even as the election date the other hand want the name changed draws near. to Suba North Constituency. Committee Chairman Elias Led by Microsoft Regional Edu- Mbau says formulating the cation Manager, Mark Matunga, the structure will help those aspir- leaders argue that the Constitution al- ing for elective positions make lows electorates to choose the name the right decisions by either they want for their constituency and opting to remain in their cur- thus the need for the Independent rent postings or forging ahead Electoral and Boundaries Commis- with their political ambitions. sion (IEBC) to consider their proposal. Speaking at the Murang’a They note that before the prolifera- Teachers Training College, tion of the many districts in the coun- the MP said those aspiring for try Mbita used to be in the greater elective slots must know how Suba District,” he said. much they are likely to earn Matunga says if the rights of Suba before they resign from their people are to be upheld as outlined in current positions. the Constitution, then the name of the “The structure will help Conbstituency must be changed from prepare those aspiring for re- Mbita to Suba North to reflect the spective positions with proper identity of the Suba community. information on how much they Acting Suba Council of Elders are likely to earn once they chairman, Thomas Asango, says that Mr. Kajwang’ clinch the seats,” adds Mbau who is also the Maragua MP. The MP expressed the sen- timents days after the Prime Justice Wanjala tips court committees Minister Raila Odinga asked civil servants eying for elec- cluded magistrates, judges, provincial “Refugees from other countries By NYAKWAR ODAWO ers committee was an integral institu- tives positions in the next gen- administration, opinion leaders, police prefer seeking asylum in Kenya due to tion which seeks to ensure effective eral election to resign to avoid officers and prison officials drawn the hospitality by its people,’ said the THE Supreme Court has directed the administration of justice. compromising their services. from Busia and Bungoma counties, deputy director, adding that the United newly established court users com- “The court users committee has a “It is high time the com- the Supreme court judge said that such Nations High Commission for refu- mittees in the country to work closely very important role to play as far as mission woke up from slumber crimes rarely find their way to court. gees will work closely with Kenya to with stakeholders in their respective the transformation of the judicial sys- and come up with the structure “Corruption in the judiciary has foster good relations. areas to ensure quick dispensation of tem is concerned,” he said, adding that that will ensure only those continued to hamper the administra- The workshop was also addressed justice under the new Constitution. they should as well work closely with with passion resign from their tion of justice and thus you must put by lady Justice Florence Muchemi of Supreme Court judge Smokin the community policing committees respective positions in govern- in place measures to ensure effective Busia court, Deputy Director of Pub- Wanjala says that the committees have from their respective areas. ment. execution of law and order,” said lic Prosecution P. Gumo who repre- been established at an opportune mo- Justice Wanjala who spoke in Bu- He says this will also ensure Wanjala. sented the Director of Public Prosecu- ment when the country is preparing to sia during the official opening of a two that only individuals driven by The deputy director of the United tion, Busia Chief Magistrate Kiarie transit to a new system of governance day workshop, says that the commit- the desire to lead the people Nations High Commission for refu- Waweru, Justice A.O Muchelule, Bu- as outlined in the constitution. tee must help curb the rampant cases contest in the elections while gees Mr Mbilinyi who also addressed sia District Commissioner Mwiandi He says that as the country transits of burglary, smuggling of goods, hu- those who are only interested the occasion, lauded government ef- Gitonga and the Busia District Proba- to other levels of governance, the rule man trafficking, child abuse and mon- in huge perks stay away from forts in hosting refugees from other tion Officer Harun Kiptuisang among of law must be upheld in line the new ey laundering in the area. the ballot. constitution, adding that the court us- Addressing participants who in- countries. others.

The Link, April 2012 SUPPLEMENT 15

PARTNERSHIP FOR PEACE A monthly supplement funded by the European Union and Konrad Adenauer Stiftung Ethnic alliances a threat to lasting peace N 2009, when the Partner- ethnic group. and Prime MinisterRailaOdinga in Feb- litical leader on the national level inter- ship for Peace project took MANAGER’S COLUMN Sometimes, ruary 2008, the open violence subsided acting and having rallies with a former Istarted, one of the first ac- it does not and the country experienced a nega- opponent, I suddenly believe that there tivities we undertook was to even come tive peace. Negative peace is a state in is peace and the need to deal with my conduct research to identify down to that which there is no – or not yet – open perceived historical injustices is sud- the causal factors and trends By but the alli- conflict between actors. All the ten- denly forgotten. I attend peace-meet- of conflict in the project areas. HANNA ances take sions that break out in an open conflict ings acclaiming peace and that there is The findings were published form be- may still exist in such a state. Kenya is no need to deal with structural issues in “The Invisible Violence in CARLSSON cause of a still today experiencing negative peace and historical injustices. But as soon Kenya – A case study of Rift common en- because the historical injustices have as the leaders fall out, and not much Valley and Western Regions”. emy despite not been dealt with, relationships on is needed for that to happen, the false The book outlines the sources the fact that the ground have not yet been restored, peace on the ground melts instantly. of conflicts and strong feelings the politicians and people are still yearning for justice. Neighbors start being suspicious of a among certain ethnic groups of per- only some years back were bitter en- However, in Rift Valley and in many neighbor from another ethnic group. ceived historical injustices and margin- emies. Every move of the politicians on other places in the country the nega- Suddenly daily necessities are only alization. a national level reflects on the ground. tive peace has been confused with a so bought from shops owned one’s tribes- The feelings arose from perceived What is interesting to note is that when called positive peace. man. The feelings of resentment due inequities concerning the allocation of politicians change political and ethnical When a country experience positive to perceived injustices quickly climb to land and other national resources as sides, people on the ground tends to peace, relationships between people the top of the community’s agenda. It well as access to crucial public goods forget the historical injustice which oth- have been restored, people are healed, is therefore so easy for the politician to and services. Unfortunately, politicians erwise haunt them. historical injustices have been dealt manipulate or even incite their people have capitalized on these feelings to ar- For instance, in Rift Valley the issue with, and the system of governance is into violence and blind support. ticulate the grievances in ways that find of land has been a major obstacle for structured to serve the needs of all. The I think that you as a community appeal with certain groups of the public the Kalenjins and Kikuyus to coexist confusion has its basis in the political member can identify yourself with what while alienating others. We know that and live in harmony. During the post- game in Kenya. As stated above, politi- I have written. But the bitter truth is for many politicians, both past and election violence in 2007/2008 this cal alliances in Kenya are built on ethnic that nothing in Kenya will change until present, have used the ethniccard to historical injustice was the legitimate grounds and a common enemy. It is a you dare to take the first step; until you gain political mileage over their rivals. argument used by the two different way to gain and benefit from as much forgive your neighbor, and start togeth- Political alliances continue to be built sides to chase away and even kill the power as possible and it is possible be- er to constructively address the root- based on a politician’s support from his so called “outsider”. When the National cause most people at the grass-root causes of violence in your community. or hertribe. In fact the bargaining pow- Accord and Reconciliation Act 2008 levelare still ignorant. The mindset is er comes down to “I” can offer “your” was signed by President MwaiKibaki somewhat like this: When I see my po- The writer is the International Project Manager of the Partnership for Peace Project. For comments or suggestions write to: Rift Valley community leaders congregate on peace [email protected] BY HANNAH CLIFFORD al Leaders meetings in Rift Valley were: cent incidence of cattle rustling was raised Chemelil (23rd February), Sondu (24th Feb- and there was concern expressed over the INSIDE THIS ISSUE: HROUGHOUT the month of ruary), Kaptembwa (28th February), Banita, rising tensions related to this. Also discussed March, a series of Divisional Rongai (29th February), Molo (1st March), extensively was the issue of the ICC court Unicef report outlines TCommunity Leaders Meetings Kipkelion (2nd March), Marich Pass (7th cases, which were the source of much hostil- role of education in were held in Rift Valley Province. The March) and Marigat (10th March). These lo- ity between the Luo and Kalenjin and Kikuyu meetings, eight in all, were also rep- cations were chosen as they had been iden- communities in the area. The process of the peacebuilding licated in Nyanza Province, and are tified as areas which could benefit from -in ICC was explained by Edwin Adoga, Coor- currently underway in Western. The creased dialogue. In each area, the meeting dinator for Nyanza, in an attempt to dispel — 16 purpose of the meetings is to bring was organised by a member organisation the myths surrounding it. Participants were together those with knowledge on from the CSO network, under the coordina- encouraged to tackle misconceptions in the Civil society, security and influence over peace efforts in a tion of Catholic Justice and Peace Commis- rural communities, where rumours and mis- particular location, and to encourage sion (CJPC)-Eldoret (partner organisation for information were leading to high levels of agents urged to the leaders to share with one another Rift Valley). suspicion. A few days following the meet- and the Project, their successes and The first meeting in Chemelil was a joint ing, violence broke out over the cattle rus- promote peace concerns. In Rift Valley, the meetings meeting bringing together those from either tling incident, leading to a number of deaths revealed a good deal of ground-level side of the Rift Valley/Nyanza border. The and many acres of sugar cane crops being — 17 information on the emerging and on- meeting was co-organised by Nandi Coun- burnt. Follow up meetings were quickly ar- going tensions, as well as providing cil of Elders Central and Jua Kali Women’s ranged with the support of the Partnership a starting point for new alliances in Group There was good representation from for Peace. A tribute to Professor peacebuilding. the district administrations on both sides The locations of the Division- and the local Administration Police. The re- Turn to Page 16 Nabudere — 18

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

Unicef report outlines role of education in peacebuilding By SHIMALISE NANAYAKE while UNICEF’s Director of Emergency Op- erations, Louis-George Arsenault also spoke DUCATION can play a crucial role in at the event. peacebuilding in all phases of conflict, Mr. Novelli said that UNICEF was well Ea UNICEF-commissioned study has placed to make interventions in peacebuild- concluded, outlining how education can ing given its high level of credibility, strong help prevent conflict and contribute to long- civil society partnerships, its reputation as term peace. a lead agency in education and its rich na- A fundamental human right of a quality tional staff working in the field. education for all children is most at risk dur- Key recommendations: ing conflict situations. It is precisely at these l Develop a comprehensive policy paper on times that education can impart knowledge UNICEF’s commitment to peacebuilding. and skills that provide protection and access l Identify areas of common agreement to life-saving abilities. In the longer term, with global partners on the contribution of education can provide values and attitudes education to peacebuilding in conflict-affect- that offer the basis for addressing the multi- ed countries. ple drivers of conflict. l Carry out a short study to explore the ex- The report titled “The Role of Education tent to which UNICEF is integrated within in Peacebuilding,” was presented on 9 Feb- UN peacebuilding, challenges and opportu- ruary, to a packed room of United Nations nities. experts, donors, human rights activists and l Capacity support for peacebuilding and aid workers. conflict analysis within HQ and field offices. “Education can do so much and play l At the outset, introduce education and a vital and transformative role in societies peacebuilding in a limited number of coun- through peacebuilding,” said Mario Novelli tries. Students in a peacebuilding seminar. of the Centre for International Education, l Place greater emphasis on knowledge University of Sussex, who led the study as in post-conflict situations ….invest in sys- able peace.” management and institutional learning. together with Alan Smith of the University tems to overcome obstacles as much as in In 2011, a research team set out to col- The panelists commended UNICEF for of Ulster. The study, managed by UNICEF’s challenges…invest in people and therefore lect evidence on how education interven- already instituting changes in its education Evaluation Office, was commissioned by the norms that entrench them that go be- tions could have a stronger role in the UN programming based on its recommendation UNICEF’s Education Section as part of its yond peacebuilding and peace keeping,” peacebuilding architecture and, more spe- and getting a head start, which they said five-year Dutch-funded Education in Emer- said Nicholas Alipui, UNICEF’s Director of cifically, how UNICEF can contribute effec- reflected the organization’s commitment to gencies and Post-Crisis Transition (EEPCT) Programmes, opening the event. tively to peacebuilding through education. peacebuilding. Programme. Mr.Alipui thanked the Dutch government Among the key findings were that the “UNICEF is uniquely placed not only in According to the findings, education can for its steadfast support and strong partner- concept of peacebuilding remains under- delivering services but in community de- intervene during conflicts through emer- ship during UNICEF’s EEPCT programme developed and contested, even among velopment,” said Susan Durston, Associate gency schooling for displaced people and and its transition into a new education and UN agencies; security concerns dominate Director, Education Section in her closing re- schools as zones of peace, in the immediate peacebuilding programme. peacebuilding and marginalizes the role of marks, “This new programming is going to post-war period through school reconstruc- “Peacebuilding is central to achieving education; weak, inequitable and segre- help us not only to be more strategic but to tion and psycho-social support and in the progress in the Millennium Development gated school systems can be and often are also focus on our equity approach by draw- medium-term post-conflict period through Goals,” said Corien Sips of the Government drivers of conflict. ing attention to the underprivileged and development and curricula reform. of the Netherlands. “And we believe educa- ZeenaZakharia of the Columbia Univer- marginalized who are most at risk during “We must invest as much in prevention tion is a core component in building sustain- sity and Mr. Smith were a part of the panel, conflict situations.” Rift Valley community leaders congregate on peace

From Page 15 elders in peace meetings. The leaders from communities and were also making their deeds being issued in 1992 and again in In Sondu, a joint-meeting also took Sondu were in agreement that differences own efforts to prevent escalations of vio- 2005, elders have continued to contest the place, with participants from Nyanza and in tribe, should not be a cause for conflict, lence. There was an agreement between distribution of the land until today. This has Rift Valley. The meeting in Sondu built on and that more should be done to reduce the CSOs and police to collaborate more, led to a kind of invisible conflict between the previous Divisional Community Leaders the negative perceptions between commu- and for sensitisation meetings with the po- communities, where there is neither peace meetings held in the area, and there was nities. One tactic which was frequently sug- lice officers to take place. Again, it was ac- nor war. However, with the election, many reflection on the improvements made since gested was that of inter-marriage, which it knowledged that this election year is likely leaders in Banita believe that hostility may the first of these in 2010. The participants is believed would effectively bridge gaps. to cause splits between residents, along erupt into violence. Some of the early warn- also discussed the current issues in the area There was good representation from the ethnic lines. The leaders agreed that con- ings were identified by the leaders. These and potential triggers for conflict. As with Administration Police, who were support- tinuing dialogue is very important as, within included, restriction of movement to certain the Chemelil meeting, the ICC process and ive of efforts to reduce conflict and crime the villages, rumours and misinformation parts of the land considered belonging to rivalry between Prime MinsiterRailaOdinga in Sondu. fuel mistrust between the ethnic communi- the other group, animals prevented from and Eldoret North MP William Ruto, was The third meeting in Cheptembwa, ties. The meeting was the first of its kind, drinking from certain parts of the river, peo- having a significant impact on relations be- Nakuru, was organised and chaired very where leaders from both sides spoke about ple sitting separately at meetings. Though tween the Luo and Kalenjin communities. successfully by Genesis Arts Creation. The the issues of the day. there was a certain degree of tension be- The leaders at the meeting expressed fear meeting was of particular success due to In Banita, close to Rongai, the Divisional tween those attending the meeting, it was that as the election year progresses, the the involvement of the Kenya Police and Ad- Community Leaders Meeting brought to- nevertheless a success that both sides had two communities will further be polarized ministration Police. Throughout the meet- gether elders, Chiefs and women’s leaders been brought together. Prior to the meet- by politicians. In order to combat this, there ing the police contributed on most issues to discuss the ongoing dispute between ing, there had been very little dialogue be- was an agreement to continue dialoguing very comprehensively. This served to reas- Kikuyu and Kalenjin communities, which tween the elders, and it was encouraging and in particular to include the youth and sure the community leaders that the police is preventing residents from cultivating were both aware of the issues affecting the land. Despite land being allocated and Turn to Page 17

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

Rift Valley community leaders congregate on peace From Page 16 flict mitigation efforts. The Partnership for The meeting in Marich Pass (Kapengu- both sides. This has led to an increased Peace project is currently developing an ria) was organised by SIKOM, a CSO work- gap and a kind of competition between that most people were speaking openly Early Warning and Early Response System, ing on peace issues in the West Pokot re- the communities. about the issues affecting them. and if possible, will support Molo peace ac- gion. Attending the meeting were mostly The final Divisional Community Lead- In Molo, the meeting was organised by tors to implement this. District Peace Committee (DPC) members ers meeting in Rift Valley took place in Hope Creator Foundation, a member of the In Kipkelion the meeting took place and Area Peace Committee (APC) mem- Marigat, on the shores of Lake Baringo. CSO network, which has also entered in to within the Youth Development offices bers. Representatives from the police and The area is inhabited by a mix of ethnic a close partnership with two other CSOs and was well attended by youth leaders district administration were invited but did groups, including Turkana, Tugen, Il- to form the Molo Alliance for Peace (MAP). and officers from the Youth Development not attend. Very recently, there had been chamous and Samburu. A major conflict The meetings brought together community Fund. Youth unemployment and idleness incidents of cattle rustling along the border arose in the area during the demarcat- leaders to discuss current issues affecting was blamed for many of the instances of between West Pokot and South Turkana, ing of the constitutional boundaries. The the stability of the area. The meeting was violence. Greater coordination between the and tensions were still very high. It was re- proposed new constituency borders would attended by Chiefs, elders and women and youth groups and the Youth Development ported that most of the Turkanas living on have split the Ilchamous tribe, half with youth representatives. Most of the discus- Fund officers was encouraged. As Kipkelion the West Pokot side had been forced away the Turkanas and half with the Tugen. sions were regarding the divide between has a mix of ethnicities, there are a number to the Turkana side. A number of the par- The Ilchamous vigorously opposed this, Kikuyu and Kalenjin communities, and the of concurrent concerns among the differ- ticipants from Turkana did not attend out demanding that all should be within one ‘marriage of convenience’ created by the al- ent groups. Long-term hostilities between of fear of being attacked. The cattle rus- constituency, preferably with the Tugen. liance between Hon William Ruto MP and the Kikuyu and Kalenjin communities have tling is a seasonal occurrence caused by They took their case to court, arguing Hon Uhuru Kenyatta MP. The peace actors dominated the area, however. Despite this, competition for pasture by Turkanas and that they were being split for political in Molo recognised that the political alliance it was felt by a number of the community Pokots. However, as it is election year, there ends, and their appeal was sustained. had calmed tensions between the com- leaders that there is now peace in Kipkelion is a chance of politicians encouraging the The Ilchamous also complain about being munities, but that this was simply a mask due to the alliance between Uhuru Kenyatta escalation of violence for their own ends. marginalised by the dominant Tugen and over the underlying, long-term differences, and William Ruto. As in Molo, this peace is Another problem facing both Turkanas and Turkana populations. This has been seen, which were still not addressed. There is a only surface-deep, and the long-term land Pokots is that, due to unresolved land con- for instance, in the hiring of school teach- fear among those working for peace that issues are still not resolved. Unlike in Molo flicts, neither side is able to cultivate and ers, where Ilchamous are very rarely given once the alliance between Uhuru and Ruto though, even many of those working in prosper from land. As the administration equal opportunities for employment. The breaks, violence could break out. One way peace, were also of the belief that peace has demonstrated that it lacks the will to meeting was attended by two head teach- forward which the leaders felt could be of was now the status quo in Kipkelion. For resolve these issue, CSOs such as SIKOM ers of nearby schools, who confirmed this great help in preventing outbreaks of vio- the Luo community in Kipkelion, there is a are attempting to empower the communi- tendency. Also in attendance were three lence, would be to establish an early warn- growing concern about the rhetoric from ties to reach amicable agreements to avoid local Chiefs, a retired Chief and a member ing system. It was suggested that peace Kikuyu and Kalenjin communities. This is conflict. Also noted was that prior to this of the Administration Police. monitors in each of the “hot spot” locations due to a belief that Hon RailaOdinga MP is Divisional Leaders meeting, no NGOs have around Molo could feed back information responsible for the ICC case against William attempted cross-community projects, in- The writer is a Project Support Man- to a central point which could guide con- Ruto and Uhuru Kenyatta. stead conducting separate activities on ager with KAS Civil society, security agents urged to promote peace By NYAKWAR ODAWO zations should report politicians who make inflammatory remarks to the National Co- EMBERS of the civil society organiza- hesion and Integration Commission (NCIC) tions in western province have been officials so that action can be taken against Murged to work closely with the secu- them. Chem added that trust among the rity agents in their respective areas to help key players was the only way that could promote peaceful co-existence among vari- promote good rapport with the security ous ethnic communities. agencies at all levels of the society in the Addressing the members of Western interest of peace. Region Peace Network during a two day At the close of the workshop, members sensitization forum in Busia town, the chair- of the civil society organizations carried man of Mount Elgon Residents Association out an election of the network officials that (MERA) John Ochemo underscored the saw Moses Odikor from Mount Elgon being need to bring the provincial administrators elected as the network chairman, Hellen- on board in order to build a solid partnership Mukanda of GAP Kenya as the treasurer, for peace. Anne Bucheche as Vice-secretary, Fredrick “In Mount Elgon district, three quar- Nasila as Vice-chairman with John Amisi ters of the security agents are members of scooping the position of secretary. the residents association, a move that has Others elected as members included worked well as the provincial administrators Linnet Liphande, Erick Nyongesa of Rural have played a leading role in the promotion Integrated Community Organization in of peace in the where scores of people had Security officers in patrol during post-election violence. Nambale and Isaac Nehondo. lost their lives during attacks by the Sabaot The members of the civil society or- Land Defense Force (SLDF),” said Ochemo. Rift valley to avoid a repeat of the same. with skills on how to effectively use the ganizations at the same time unanimously The chairman spoke as civil society or- “Scores of people had lost their lives and mobile text messaging system in order to agreed that membership fee would be ganizations drawn from Kakamega, Vihiga, property during the post-election violence preach peace. Kshs1,000 with an annual subscription fee Bungoma and Busia Counties claimed that hence the need for civil society organiza- The coordinator urged members of the of Kshs 1,000. security agents had in most occasions de- tions to embark on peace building initiatives civil society organizations to be vigilant dur- Ms Hanna Carlsson, the International veloped a negative attitude towards them. in order to promote peaceful co-existence ing the campaigns to ensure politicians do Project Manager, on her part assured Mount Elgon Residents Association chair- among the various ethnic communities to not incite people by spreading hate speech. members of the civil society organizations man at the same time thanked KonradAde- avoid a repeat of the same,” said Ochemo. “As members of the civil society organi- that the Partnership for Peace Project will naurStiftung (KAS) and the European Union The association’s western provincial co- zations, we must be in the frontline to con- continue to support the peace building [EU] for working closely with each other to ordinator Peter Chem, who also addressed demn politicians out to cause chaos during initiatives by funding production of at least preach peace in areas hard hit by the post- the workshop participants, underscored the the electioneering period,” said Chem, add- 2000 copies of The Link even after the ex- election violence in Western, Nyanza and need to equip civil society organizations ing that members of the civil society organi- piry of the project later in July this year.

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, April 2012 SUPPLEMENT PARTNERSHIP FOR PEACE Borabu-Sotik women rally for peaceful elections By BOB OMBATI She said the inter community conflict had been heightened by cattle rustling and OMEN along Borabu and Sotik dis- land disputes but took an ugly turn during tricts common border have em- the post-election violence which left 1,133 Wbarked on an initiative to promote people dead, over 500,000 displaced and peace ahead of the general elections to property valued at billions of shillings de- avert a repeat of the ugly incidents wit- stroyed. Nyaanga urged the government to nessed during the 2007/2008 post-election resettle all the Internally Displaced Persons violence that caused deaths, massive de- ( IDPs) a head of the elections to enable struction of property and ejection of thou- them participate in the exercise under the sands of Kenyans from the clash-torn areas. new constitutional dispensation. The women, under SotikBorabu Women The official said that women wanted to Peace Drive have opened a resource centre leave a generation devoid of conflict by pro- at Chepilat, the epicentre of the violence, moting sustainable peace among the two and mounted a peace caravan which has communities. “All Kenyans should preach been traversing Kaplong, Sotik, Nyansiongo and practice peace wherever they are. Peace and Chepilat towns to preach peace. is imperative for any meaningful develop- Sally Kirui, the initiative’s chair lady told ment because no investment can thrive in a The Link that they intend to mobilize wom- hostile environment” said Nyaanga. en to reject politicians who incite the two Abagusii Culture and Development communities against each other through ir- Council chairman, James Araka and his responsible public utterances. Kipsigis counterpart, Josiah Sang who ad- The official reaffirmed the commitment dressed the meeting urged stakeholders by women from the two communities to to concert their effort to achieve lasting promoting peace and cited the establish- A section of voters queu to cast their votes at a polling station. peace. The two elders told politicians not ment of “Women beyond borders and Ama- to politicize peace initiatives and instead use nimilele” (peace forever) initiative which (NGOs) for supporting them and stressed terror to their perceived opponents to sat- them to reunite the two communities to en- she says was born out of the realization that the need to set up a rehabilitation centre in isfy their selfish ends. Rebecca Nyaanga, hance social, economic and cultural devel- women are the ones who bear the brunt the area to cater for the youth who engage an official of the initiative, said the resource opment. Araka reiterated that the councils of politically instigated chaos together with in violence at the influence of drugs. centre will go a long way in providing wom- were not tools for politicians to further their their children. Kirui commended the gov- She noted that some youths under the en and youth residing along the common selfish political interests and urged political ernment, USAID and the Kenya Transitional influence of drugs have in the past been border with the necessary information on leaders to support peace initiatives to en- Initiative Non-Governmental Organizations used by unscrupulous politicians to unleash conflict resolution and management. hance national cohesion.

The professor empowered Kipsis wid- ows in Cheptais with start-up funds to start small income generating businesses. At the A tribute to Professor Nabudere same time he funded the Tarajambilipeople By JOHN CHEPTAI forest of Mt. Elgon were involved, includ- 2012 in Sebei, Uganda. The festival will still to start cereal banking. All the groups were ing Benett and Bamosobo of Uganda and take place as scheduled. The theme of the identified through MERA. Through MERA he ENYA was not left out in celebrating Ndorosos/Okiekof Kenya. These are the cultural festival is “Know your culture to un- also sponsored a meeting that brought cul- the legacy of late Prof Dan WadadaN- people that are related to Sesei and Bagisu derstand yourself”. The cultural festival will tural leaders together on the side of Kenya Kabudere in attending the Memorial in Uganda while the Ndoroso are relatives involve story telling by elders on how youth to discuss and identifying the causes of con- Conference organized in Kampala recently. to Sabaot in Kenya. In involving these peo- should behave, cultural songs and dances flict in Mt. Elgon region. Delegates were drawn from Mt. Elgon Resi- ple, it was one way of trying to avoid them will be staged, local foods will be served as On behalf of MERA East Africa and MERA dent Association Kenya in Bungoma county being used by large groups residing out- people interact and share their cultural val- Kenya, I take this opportunity to thank the and residents of Tesos from Busia county. side the forest to cause chaos and to avoid ues. In the period before his sad demise, family of Nabudere for the work done within The conference ended by Chief Justice of theirdisappearance into the forest again. Prof Nabudere was able to sponsor four stu- that short period that I knew him. the Republic of Kenya, Dr. Willy Mutunga On culture, Prof Nabudere planned one dents to study Afrikology through his Afri- launching two publications written by the of the biggest international interethnic cul- can study center which is now called Marcus The writer is the Chairman of MERA late professor. tural festivals to be staged in September Garvey Pan-Afrikan University. Kenya. Prof Nabudere was a man who tried to change attitudes of the communities liv- ing on both sides of Mt. Elgon. That is on both the Ugandan and Kenyan sides. He CONTACT ADDRESSES: used three parameters of development; Partnership for Peace, Konrad-Adenauer Stiftung, Mbaruk Road 27 economic empowerment, cultural develop- P.O. Box 66471 - 00800, Nairobi, Kenya, ment and political stability. He believed that through culture all things will stand on for Telephone. +254 - 20 - 2610021 development. Under the auspice of MERA Fax: +254 - 20 – 2610023 the professor managed to organize cross e-mail: [email protected] border meetingsfor all the stakeholders do- ing peace in Kenya and Uganda at Cheptais PARTNERS market. He helped to form Mt. Elgon Resi- dent Association East Africa. The MERA (EA) Mt. Elgon Residents Association (MERA) Community Initiative Action-Group (CIAG-K) Catholic Justice and Peace Commission (CJPC) covers all people living on Mt. Elgon, both Chem Ngeywo, Project Coordinator Edwin Adoga, Project Coordinator Mr. James Kimisoi, Project Coordinator from the Ugandan and Kenyan sides. The Western Province Nyanza Province Rift Valley Province intentionof MERA (EA) is to bring people to P.O. Box 21-50201, Cheptais, Mt. Elgon Milimani (Hosted by CADIF Kenya, The Catholic Diocese of Eldoret work together so that issues of governance, Mobile : 0720-744827; 0734-517489. next to Plan Intern. Milimani) P.O. Box 842-30100, Eldoret. accountability, and peace and conflict could Email: [email protected] P.O. Box 9104-40140, Kisumu. Tel 2031272; 0722-448110 be handled properly. Tel: 0705-266 057 or 0735-865 026 E-mail: [email protected] Professor made sure that all the ethnic E-mail: [email protected] groups especially those that were inside the

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, April 2012 20 GOVERNANCE Lobby groups find fault with land bills MPs reject By HENRY OWINO He also noted that gaps in techni- were flawed and cited the NLC Bill he said require comprehensive debate cal skills within Parliament in special- whose functions as proposed in the as follows; the minimum and maxi- proposed A LOBBY group has faulted the ized areas such as surveying, planning, Bill are likely to conflict those of the mum acreage with regards to private proposed land laws as defective and land economics and natural resources Cabinet and other institutions current- land ownership, taxation of idle land, lacking in the letter and spirit of the management was evident, adding that ly handling land management. resolution of historical land injustices, Nandi Dam National Land Policy and the Consti- this could undermine effective debate “It is wrong to assume that the as- determination of legality of land and By JOHN NYAMBUNE tution of Kenya on land Bills. pect of tenure on public land is in the regulation on land use and develop- The Land Development and Gov- Speaking at the forum, lands Min- domain of the NLC at both national mental control. Plans to construct Kshs 50 bil- ernance Institute (LDGI) Executive ister, James Orengo said land issues and county level,” Orengo comment- The Minister however, assured the lion dam in Nandi County have Officer Mwenda Makathimo cites the in the country have been marked by ed. stakeholders that the three parliamen- hit a snag after a parliamentary Land Bill which he says fails to incor- controversy since the time of British The three Bills namely the Na- tary committees namely the Oversight select committee disapproved porate principles articulated in Article explorers in the Coastal and Sultan tional Land Commission (NLC) Bill, Committee, the Legal Affairs Com- the clearing of 3,000 acres of Ki- 60 of the current Constitution. regions. He said that matters related the Land Bill and Land Registration mittee and Land Natural Resources mondi Forest to pave way for the Similar sentiments are shared by to land are administrative all over the Bill were published in February this Committee would carefully look at the project. Ibrahim Mwathane, a director with country and thus the need to engage year and were ready for discussion proposals made by lobby groups. The committee said the plan LDGI who notes that numerous provi- in extensive research to help come up in Parliament but the timelines were “You should not be worried as by Lake Victoria Water Basin sions in the Bills either directly contra- with acceptable and comprehensive extended for 60 days, ending on 26th the joint committee will look at all Authority contravened the ongo- vene the Constitution and the National legislations to govern the sector. April, 2012. suggestions and make recommenda- ing conservation efforts and thus Land Policy or do not adequately in- “We have bills that require input The Minister suggested that it tions based on your proposals,” said should be halted. corporate the proposals in these docu- from stakeholders before they become would be appropriate if the findings Orengo. John Muthutho, David Koech ments. law. We do not want a scenario where are submitted at least 20 days earlier to Further, the stakeholders agreed to and Wilbur Otichilo accused the He says that stakeholders feel that we end up having undesirable laws create ample time for parliament to de- utilize the extension offered by Par- government of “giving conflict- the draft Land Bill has watered down that will not be of any benefit to the bate and approve them before they are liament to mobilize Kenyans all over ing signals” by emphasizing the National Land Commission, which future generation,” he adds. forwarded to the President for assent. country to fully participate in the for- on environmental conservation Kenyans had insisted on. Orengo admitted that the bills The Minister outlined areas that mulation of the final bills. while destroying it on the other He spoke at a meeting organized hand. by LDGI to discuss the proposed laws. Muthutho said the project Among proposals made by partici- had far reaching implications on pants at the forum included redrafting the environment and could lead the land Bill to incorporate gender eq- to “an exodus to micro climate” uity provisions in sections of public which he claimed will negatively land and in sections on private land affect the region. rights that address transfers or con- He said: “In case of an earth- tracts. They also proposed that the law quake the dam may break its includes community land within its walls and lead to a disaster be- scope, clear instruction on the inter- cause of water flowing at high play between customary and formal momentum.” law and institutions in land govern- Muthutho said that the plan ance. was inconsiderate of long term The forum came up with a raft of effects it would impact the re- proposals that would form a policy gion. document expected to be presented to “Construction should not be the three Parliamentary Committees done because it is attached to and other State organs involved in the negative results that will be cum- implementation of the Constitution. bersome to reverse,” he said. Mwathane said the country has Otichilo argued that the nega- made tremendous progress by formu- tive implications assigned to the lating the National Land Policy and project far outweighed the ben- embedding a chapter on Land and the efits and thus should be stopped Environment in the Constitution. to avert an ecological imbalance. “This is no mean achievement. He said that clearing of the Few in Africa have achieved as much forest was not welcome because and the milestone needs to be appreci- water volume will reduce as a result. ated,” Mwathane said. Lands minister James Orengo with Land Development and Governance Institute Board chairman Ibrahim Mwathane during the opening. Koech dismissed assertions that the dam may help to generate hydro-electricity adding that the country should instead explore the underlying potential in geo- thermal, biogas and solar energy. Kibaki refusal to sign law praised Emgwen MP, Elijah Lagat From page 10 independence elected councillors, the fessionalisation and equipping of the warning of potential conflicts and li- who had accompanied them could not hide his anger. provincial administration that has pre- role of those elected representatives Police to operate at village and Ward aise with the judiciary to mitigate. The “The forest land should not be sided over District Land Boards and in local government at ward level has level. Judiciary must from now on employ regarded as free land that can be Tribunals, and made recommenda- been emasculated by the existence of Again, the reason why Kenya professionals whose main work will cleared at will,” he said. tions for degazettement to settle squat- chiefs as a parallel authority, raising has not invested in ensuring there is not be litigation, but ADR; a complete Lagat added the trees in the ters, IDPs and other landless people. questions on what the role of elected an efficient and accessible system of paradigm shift from what has been forest had grown for centuries On family and petty disputes, the representatives to the county assem- dispute resolution is that for as long happening. and it was not logical to cut them mediation role that chiefs have played bly and the county public service will as the provincial administration was The provincial administration also down in a day. has earned the tag ‘kangaroo courts’ be if chiefs continue to take up the lo- playing this role, there was no need serves as some sort of coordination Assistant Director of Kenya because it is often alleged that deci- cal governance function in the Ward. for the Judiciary to worry about de- or liaison point between Ministries. Forest Service, Alfred Tichu, sions favour the rich, are un-enforced Crime prevention, security and centralising its services, and how to However, even on this, there is really also opposed the plan saying the where they favour the poor and both early warning on potential conflict are make itself friendly to the poor and no role for provincial administration country had not achieved the tar- parties end up making an un-receipted now functions of the National Police uneducated. Today, the Constitution as each Ministry has a way of con- geted forest cover. ‘payment’ for the service. Service. Provincial administration is under article 6(3) and 258 compels ducting its horizontal inter-ministerial “Clearing the forest will be Further, all functions that provin- not among the security organs rec- the Judiciary to ensure access to jus- relations and its vertical relations from wrong as it will undermine ongo- cial administration has been perform- ognised under Constitution. In fact, tice which means more formal courts; County, Constituency to Ward Level. ing efforts to meet the 10 per cent ing have under the new constitution by purporting to perform this func- but which are cheaper, less technical Allowing provincial administration to forest cover,” he said. been assigned mostly to County Gov- tion, what the provincial administra- and nearer to the people, as well as the play this role has been detrimental to They called on the Ministry ernments and different organs of the tion has done is to prevent the police introduction of Alternative Dispute the growth of the public service at the of Regional Development, which government at national level. Under from decentralising their services. In Resolution (ADR) mechanisms, that lowest level. they claimed had been champi- Schedule IV, policy making on ag- over 40years of independence, there acknowledge that Kenyans respect In conclusion, Constitution pro- oning for the construction of the riculture, livestock, fisheries, public are still no adequately staffed and and use their traditional justice sys- vides answers to the question on how dam to halt such plans. health, water and environmental pro- equipped police stations at ward level. tems, which are a form of ADR to re- national government should take its The committee was led to tection, is a national government func- Reason: For as long as provincial ad- solve disputes. Practically this means services to the lowest level possible. the proposed construction site of tion, while the actual implementation ministration has been performing this that the Police should from now see In fact, it provides guidelines on how the dam by chairman of Nandi is a County Government function, function, no matter how poorly, there themselves as a service not a force, to restructure provincial administra- Friends of Environment, Mr. meaning no role for provincial admin- was no need to allocate funds for ad- be present at ward and village level, tion by redeploying its well trained John Chumo. istration. While citizens have since equate staffing, remuneration, pro- be able to investigate and have early and experienced staff elsewhere. The Link, April 2012 GOVERNANCE 21 Fresh demands Nyando squatters blame delay Lamu port projects violence on land disputes By JOHN NYAMBUNE By BRIGHTON KAZUNGU SQUATTERS residing in the THE implementation of the Lamu Nyando Sugar belt have blamed Port project has been hit by delays the recent spate of violence in the following a stalemate between the area to land disputes. government and the local author- The squatters say that reports ity. that the violence was sparked off The Lamu County Council has by cases of cattle rustling were introduced fresh demands which a misleading since attackers were section of civic leaders insist must only targeting them. be met before the project can be Mrs. Anne Adongo who was allowed to go on. evicted from her home at the This is despite the existence of Kibigori Plantation which is em- a provisional approval of the in- broiled in controversy, says the frastructural work plan granted by flare-up was as a result of the ten- the planning committee. sion that has been building up in A recent meeting convened by the area following a resolve made the council chairman Abdulkas- by the government last year to re- sim Ahmed to iron out the stale- settle additional people in the dis- mate failed to take off due to lack puted piece of land. of quorum. Initially the land had been The faction opposed to the leased by an Asian investor but project claims that the council was later repossessed by the gov- was being rushed to approve the ernment after he died in 1994. project to satisfy the government’s The move elicited sharp reac- wish without being accorded an tions from workers who had been opportunity to scrutinize it thor- living in the farm and had by the Dr. Mzalendo Kibunjia, National Cohesion and Integration Commission chairman. oughly. time of repossession divided the A full council meeting has also land among themselves, with rowdy and accused their repre- a private investor had laid claim “Currently there are about 300 rejected plans by the Ministry of some ending up with huge chunks. sentatives of paying too much at- on the land and wanted them to families staying on the land and Transport plans to construct the Mr. Edwin Ouma, another tention to non-issues. move out. “We have had battles we wanted to bring in another 300 multi-billion-shilling project cit- squatter says the recent attacks The squatters say that cattle with the investor until he chose to squatters and allocate each family ing lack of involvement of the mainly focused on areas that were rustling is being used as a bait take the matter to court, but it is two acres of land,” said Mr. Osiya. council in the project. inhabited by squatters and thus to conceal land issue which was yet to be settled,” she said. Several security meetings have The meeting was also attended had little or even nothing to do more pressing Central Nyanza regional com- been held by government officials by Transport PS, Dr. Cyrus Njiru, with cattle raids. In the Nandi side of the border, missioner Arthur Osiya confirmed and political leaders from the three Local Government PS, Prof. Kar- “Cattle theft has been common over 16 houses were burnt to ashes that there have been plans to re- constituencies to find a lasting so- ega Mutahi and Commissioner of for long, and whenever it occurs, at the Kambi Nguruwe Farm in- settle squatters who are spread in lution to the skirmishes. Lands Zablon Mabea. the aggrieved people group them- habited by more than 35 families the vast sugar belt. At least five people were killed Speaking to The Link on selves and search for their lost cat- who are squatters. According to Mr. Osiya, sev- with tens others injured as more phone, council clerk Patrick tle, but this time they ended up at- The residents who were forced eral meetings have been held by than 300 acres of land under cane Ouya says local councilors want tacking us, their neighbours,” said to move out to a well-wisher’s government officials with the and several houses were set on fire. the government to among other Mr. Ouma. farm for safety disclosed that the residents to prepare for the reset- While on a fact-finding mis- things resettle local squatters, pay Recently a joint meeting con- farm is currently owned by the tlement programme. sion to the areas affected, National all council dues, make public the vened by Aldai MP Sally Kosgei, Agricultural Development Coop- However, about 200 families Cohesion and Integration Com- environmental impact assessment Tinderet MP Henry Kosgey and eration (ADC) but has been at the currently residing in the planta- mission chairman Dr. Mzalendo report and the construction plan Muhoroni MP Prof. Ayiecho Ol- centre of controversy over owner- tion were displeased with the idea Kibunjia said a full report would of the project before they can ap- weny whose constituencies are at ship since 2009. that other squatters who are not be issued after the commission prove the project. the centre of the conflicts, ended Mrs. Esther Jerobon who spoke residing on the land would also gathers enough details concerning “They made a provisional in disarray after residents became on behalf of the residents said that be brought in. the clashes. approval of a port building plan pending the implementation of those conditions,” said Mr. Ouya. The clerk says councilors want the government to follow the right Anti-Corruption body launches strategic plan procedures before they can ap- prove the project. By HENRY OWINO amendments. “For instance Chapter One of the A councilor who sought ano- Mutula says that nobody will be Constitution talks about sovereignty nymity says that the government THE National Anti-Corruption Cam- spared as the government agencies of the people and Supremacy of the has received a letter from the paign Steering Committee (NACC- crack the whip on the vice which has Constitution which is very important World Bank seeking to have the SC) has launched its five year strate- taken root in the public service includ- for everybody in the country to in- local authority and residents in- gic plan which will guide in the fight ing the highest office of the land. He ternalize and understand fully even if volved in the project. against corruption. says gone are the days when leaders the Chapters appear difficult,” he ex- The councilor says the let- The Strategic Plan borrows heav- would hide in their tribal cocoons plains. ter was produced during the full ily from the Constitution particularly when asked to account for their ac- He at the same time says that Ar- council meeting. Chapter two on National Values, tions. ticle 101 of the Constitution which “The letter calls for the in- Chapter four on the Bill of Rights, The Justice Minister says this provides that general elections be held volvement of the locals but it did Chapter Six on Leadership and Integ- time round, no one will be spared as on every second Tuesday of August not set any conditions for fund- rity as well as Chapter 13 on Values the constitution clearly stipulates the in the fifth year must be amended to ing,” the councilor said. and Principles of the Public Service approved conduct of a public officer avoid possibilities of holding prema- Contacted, Dr. Njiru said he among others. in Chapter Six on leadership and in- ture elections. was not aware of the World Bank Under the new Constitution, tegrity and does not discriminate on Mutula says that the Court rul- letter. NACCSC mandate has been expand- positions, status, tribe, race and back- ing that set elections for March 2013 “I am not aware of such a let- ed to monitor substantive amounts of ground. was welcome as this will give the ter and we have not received any money to be devolved to the County “Let me inform you that Chapter Independent Electoral and Boundary funding from the financial institu- Governments. Six on Leadership and Integrity of the Commission enough time to prepare tion. The project development re- According to Mutula Kilonzo, the Constitution is already in force and voters register to avert irregularities quires consultation with the peo- Minister for Justice, National Cohe- functional and those who think it is that marred the 2007 General Elec- ple and this is not a condition from sion and Constitutional Affairs, the not, are in denial ,” Mutula cautions. tions. the World Bank,” he said, adding fight against corruption takes a dif- The Minister urged the public to He calls on the two principals to re- that it was the government’s ef- ferent dimension with the affirmation familiarize themselves with the con- spect the ruling adding that only IEBC fort to involve Lamu people in the Mr. Mutula Kilonzo, outlined in Article 79 of the Con- stitution to enable them demand ac- has the mandate to provide direction project. former Justice Minister stitution which is not subject to any countability from their leaders. on matters concerning elections. The Link, April 2012 22 DEVELOPMENT

Women aspirants EU to fund health get crucial UN support By BOB OMBATI services in the country THE Federation of Women Groups jointly with the United Nations ( By JOSEPH MUKUBWA tients, we had areas especially in the mar- Nyeri North district Public Health out of the average Kshs50 raised through UN) Entity for Gender Equality ginalized areas where more than 50 per Nurse Perpetual Waruhiu said that con- cost sharing program every month which and Empowerment have launched EUROPEAN Union will this year spend cent of expectant mothers gave birth at fidence by the community in the public is complemented by Kshs 112, 000 from a massive civic education program Kshs1 billion to improve access to qual- their homes under the care of traditional health facilities in the area has improved the Health Sector Services Fund,” said that targets women aspiring for vari- ity health services in the country. This is midwives but the situation has now been utilization of the facilities as well as funds Waruhiu. ous appointive and elective political in addition to Kshs 1.5 billion spent be- reversed,” said Miano. collected from members of the public She attributed the progress to the seats at both county and national tween the year 2009 and last year in the He added, “the same has been re- through the cost sharing program. “Lo- confidence community has in facilities governments. provision of quality health services under corded at Ngorano Health Centre which cal public health facilities were heavily due to improved accountability which The Group’s chairperson, Cath- the program in Coast, Central and East- was handling about seven deliveries in indebted; we could not afford to pay em- was not the case before the implementa- erine Nyamato, says the aspirants are ern Provinces. a week but the situation has improved ployees and other suppliers. But the situ- tion of the Heraf and EU program. being trained on the Political Parties Speaking during the commissioning by more than 100 percent, this is due ation improved when Heraf started im- According to Miano, other chal- and the Elections Acts to sharpen of the project at Ngorano Health Centre to change of perception by the mothers plementing the empowerment programs lenges facing provision of quality health their understanding on the electoral in Mathira district of Nyeri County, Eu- who would previously seek the services in 2009. A good example is Ngorano services includes inadequate equipments process to enable them participate ropean Union Head of Social and Envi- from private health centres at exploita- Health Centre which had salary arrears and minimal resources allocated to line in the democratization process ef- ronment section Daniel Plas said that the tive charges.” and debts but has cleared the backlogs ministries by the government. fectively. Kshs1 billion will be channelled towards Nyamato says the Group seeks health facilities in dry areas in the coun- to support women aspirants in all try. Twenty health facilities benefited the constituencies to gain self con- during the initial program to Strengthen fidence, gun for elective posts and Community Participation in Health Sec- capture majority of the County and tor Governance in the three regions. National assembly seats. The project included empowering and The official says the Group will increasing communities’ awareness on educate women on their rights and their health rights and improved service legal procedures to help them defend delivery at public hospitals. their nominations in political parties “We have other projects that will be or challenge party leaders whenever rolled out in marginalized areas includ- the party conducts the exercise un- ing the slums, we are encouraged by fairly, lamenting that majority of achievements realized in the first project women are short changed during which started in 2009,” said Plas, who nominations and some give up due was accompanied by EU’s Social and to ignorance. Environment Section Program Manager “We want women aspirants to Mita Manek. compete with their rivals and lose Health Rights Advocacy Forum or win the nomination tickets in a (Heraf) Chief Executive Officer Edward free, fair, transparent and democratic Miano Munene, whose organization was manner,” states Nyamato. the lead agency during the implementa- Nyamato, who addressed wom- tion of the Kshs1.5 billion, said that due en leaders from Kisii and Nyamira to the intervention measures, the number counties during a one day sensitiza- of patients seeking medical services at tion workshop at a Kisii hotel recent- public hospitals has gone up due to con- ly said the Group was educating the fidence, improved service delivery and electorate on various elective seats relationship between the medics and the to enhance their participation in the community. upcoming general elections. “Private health facilities were taking A delegation from European Union led by Daniel Plas (in a tie) with other health officials visit Ngorano She urged women to join politi- advantage of the situation to exploit pa- Health Centre in Mathira district. Photo/Joseph Mukubwa cal parties, know their policies and structures to enable them articulate their manifestos during the cam- paigns and convince electorate to vote for them during the elections. How simple course changed woman’s life She asked women leaders to identify women aspirants for various By BEKADZO TONDO acquired the skills, Ms Saidi’s life has been supporting many groups engaged in life to danger. political seats and their respective changed for the better and she has been solid waste where Kilifi Green town En- Poor Domestic Waste management parties and forward their names to WHEN Asha Saidi was selected to un- making a lot of money from the items she vironment Initiative is a beneficiary. also displays an ugly scenario of the en- the Group without delays for sup- dergo a week long training workshop on sells from the trade. The solid waste management initia- vironment. This can affect the tourism port. disposal and solid waste management, Saidi who is also the deputy chair lady tive comes as a relief to the residents who industry, which remains a major income Nyamato, flanked by National she did not know that she was being pre- of Maendeleo ya Wanawake organization have had to contend with heaps of gar- earner to the Coastal town. Convection Executive Council pared to start her own business in recy- in Kilifi branch says that she will forever bage littered all around them oblivious of Uncontrolled damping of solid waste Chief Executive Officer, Cyprian cling solid waste. remain grateful to the Regional Program the dangers posed by improperly dumped can lead to wastage of land where we find Nyamwamu urged women to shun Ms Saidi discovered that the training for the Sustainable Management within waste which can lead to the destruction of lots of land being used as damping sites hate speech to avoiding arrested, was more useful to her when she started the Coastal Zone of the Countries of Indi- the ozone layer and may cause diseases for wastes. These same pieces of land are prosecuted and disqualified, adding using waste materials like polythene an Ocean (ReCoMap), which trained her such as cancer. later on neglected by the inhabitants of they should refrain from slander- paper bags to make valuable items like among 17 other women on how to turn Air pollution can also lead to for- the area. ing their opponents based on their handbags, baskets and some caps. Today solid waste materials into useful items. mation of acidic rain marital, tribal, cultural, economic, she generates good money from the ven- “The donor just offered us the train- which is dangerous to social, academic and historical back- ture. Ms Saidi says she makes between ing and equipped us with the skills but crop life since it fastens grounds. Kshs 500 and 1,000 respectively from a starting the business was an individual’s the removal of soil fer- The chairperson challenged weaved handbag or kiondo depending on choice as the business did not require tility from the surface women to use their numerical the size and pattern used. much capital,” said Ms Saidi. She has of the ground. Further, strength to support fellow women She also generates between Kshs created herself a market niche and oper- solid wastes dumped in to capture majority of county and 120 and 250 from pillows which she ates at the heart of Kilifi town where she drainage channels and national assemblies’ seats to pave makes using leftover pieces from local has managed to employ someone to help gutters lead to blocked the way for their participation in the tailors adding that in a month she is able her in the job. She also hires casuals on a sewers which may country’s leadership and govern- to generate up to Kshs15,000 depending regular basis to collect the waste materi- cause flooding. ance. on availability of customers, majority of als for her within the town. Some of the waste Nyamwamu, who facilitated the who are small scale businesswomen and Although, market remains a big chal- materials such as poly- workshop, urged women aspirants civil servants. lenge in the trade, the jovial mother of five thene bags can be dan- to advance their education to meet “This job is well paying and you do is able to jungle up with other income gen- gerous to the aeration the minimum constitutional require- not need a lot of money or energy to make erating activities to fend for her family. system of the soil hence ments to avoid being locked out dur- the items and it also helps in managing Ms Saidi has been engaged in other hindering agriculture. It ing nominations, adding that they the waste products that have become an business ventures and runs a salon be- also leads to the reduc- will blame themselves if they failed eyesore in our urban centers,” said Ms sides owning a food kiosk which helps tion of fertile cultivat- to make it beyond the primaries. Saidi. to augment her income. Ms Saidi who is able land in form of The women leaders lamented Ms Saidi says after collecting the also a member of Kilifi Green town Envi- dumping sites. Waste that majority of rural women were waste products she uses scissors to trim ronment initiative sells tree seedlings and materials like toxic if ignorant of the constitution, saying the polythene papers to small strands. has been able to generate enough income consumed by animals they needed civic education to avoid She then uses a sweater sewing needle to to educate her five children after the death can be very danger- spoiling votes during the elections weave the materials and out of this, she of her husband five years ago. ous to life and worse owing to the many candidates on manages to make beautiful handbags for ReCoMap is a Non Governmental still if these wastes are Asha Saidi displaying some of the kiondos she ballot papers contesting for various women and caps. Organization operating in the area with dumped in water bod- has been making using waste polythene papers. new seats unlike before. For about three years now after she support from the European Union and has ies, they expose aquatic Photo/Bekadzo Tondo The Link, April 2012 23 DEVELOPMENT Mombasa port registers impressive growth By BRIGHTON KAZUNGU

THE port of Mombasa has regis- tered remarkable growth in tran- sit cargo over the last one year, officials announced recently. According to Kenya Ports Au- thority (KPA) Managing Direc- tor, Mr. Gichiri Ndua, the growth has highly been linked to a recent move by South Sudan to turn Mombasa as its main gateway for imports. The MD says that last year, the port handled 417,033 tonnes of transit goods for South Sudan, up from 223,467 tonnes in 2010. He notes that although Ugan- da continued to lead in cargo for landlocked countries using the port, other countries such Tan- zania, Democratic Republic of Congo, Somalia, Rwanda and Burundi were posting an increase in cargo. “The rest of the transit markets notably Tanzania, Democratic Containers at the Mombasa port. Photo/File Republic of Congo, Somalia, Rwanda and Burundi registered port. compared to performance con- of berth 19 at container terminal in the sea and reclaimed land. insignificant movements in the In terms of container traffic tract target of three days. He said at a cost of Kshs.5 billion would It was earlier expected to be share of the traffic between the growth, the port handled 771,000 the average ship waiting had im- be ready before the end of the completed in March 2013 but 2010 and 2011,” Ndua said. 20-foot equivalent units (Teus) proved from 2.13 days compared year. works have been faster and it He points out that last year the of containers last year up from to 2.36 days last year. He said the berth would han- could be operational this year. port handled 4.37 million tones 695,000 in 2010 registering 10.8 Ndua assured port users that dle bigger ships, which would “We have constructed almost of transit cargo for Uganda up per cent which is over interna- the clearance of the containers increase more business for the 50 per cent of the project within a from 4.33 million tones handled tional growth rate of eight per which had been lying at the port port. Ndua said the 240-metre few months after being launched in the previous year reflecting an cent. had improved. long berth was being constructed in July last year,” said Ndua. increase of 3.37 per cent. Ndua was accompanied by “We now have about 15,911 Ndua says despite cases of KPA General Manager, Mr. Sal- containers unlike in January economic depression witnessed im Chingabwi, Mr. Abdulahi Sa- when there were 24,000 contain- in other parts of the world, KPA mara and Mr. Joseph Atonga. ers which had been left by the had recorded 10 per cent con- He said the turnaround of the owners,” said Ndua. ADVERTISING RATES tainer growth through Mombasa vessels had improved to 2.9 days The MD said the construction Your support as our reader or advertiser ensures that the stories that matter - the stories that help people make decisions about their education, health, governance, their livelihood, and their Japan funds Kilifi communities - reach them in a simplified but factual way.

How to Advertise maternity hospital Send us the details of what you want advertised and we’ll do the rest. These can be sent in electronic form as e-mail attachments or By BEKADZO TONDO livering at homes due to lack of a due to lack of health facilities near maternity wing in the area. them where they can seek proper in diskettes/CDs as well as hard copies. THE government of Japan has “I have been moved by the maternal care, then my mind goes donated Kshs 9 million to assist plight of mothers who have to back to the experience of my wife Our advertising rates are as follows: in the construction of a maternity deliver at home under unskilled Hisona when she was in labour Full page colour Kshs. 72,000 wing at St. Teresa Catholic Church traditional birth attendants due to pains,” said Yamada health center at Chonyi area in lack of a maternity wing,” said Ya- He urged the management of Full page black and white (inside) Kshs. 40,000 Kilifi district. mada. the dispensary to make proper use Half page (Black and White) Kshs. 20,000 The project comes as a reprieve A former permanent secretary of the funds as he will personally Quarter page inside Kshs. 10,000 to expectant mothers who have to Mrs. Rachael Dzombo who ad- visit the area after a year to assess travel for long distances before dressed the gathering on behalf the project. The Link Classified Kshs. 4,000 they can access maternal services of the women in Chonyi lamented “These funds have been re- Front Page Earpiece (colour) Kshs. 8,000 at Kilifi district hospital. that many mothers had lost their leased to you for very serious work Front page strap Kshs. 6,000 The deputy chief of mission lives in the hands of unskilled and I wish to request those who at the Japan embassy in Kenya birth attendants but the project is will be in charge of the project to Back page strap Kshs. 4,000 Yoichiro Yamada says the grant likely to reverse the trend. ensure the funds are properly uti- Back Page Earpiece Kshs. 7,000 will also help put up staff houses, “Most of our mothers have ei- lised for the benefit of the strug- Front Page Solus (colour) Kshs. 20,000 buy medical equipments and im- ther lost their lives or that of their gling mothers,” said Yamada. prove sanitation facilities. babies during delivery due to lack The district medical officer of Back Page Solus (colour) Kshs. 15,000 Yamanda says the project is of a health facility which had health Dr. David Mulewa assured being financed under the Grant maternity services nearby and we the ambassador that the govern- Special Rates thank the government of Japan for ment will support the project with Assistance for Grassroots Human We offer very special rates for advertisement of charitable activities Security Projects (GGP). its timely gesture to put up a ma- medical equipment, drugs and per- The chief of Mission was ternity wing in Chonyi’ said Mrs. sonnel. programmes or services. To get special rates, contact the Editor or speaking at the health center dur- Dzombo Dr Mulewa further said plans the Editorial Assistant. ing the official signing of the grant Yamada recalled how his wife are underway to have the health fa- Hisano who is a midwife by pro- cility equipped with an ambulance contract with the dispensary man- The details should be mailed to the Editor, P.O. Box 7438, 00200, agement board headed by Sister fession had to contend with labour to deal with emergency cases. Mary Njuguna. pains for 30 hours before she could The medical officer noted that Nairobi, Kenya. Telephone 020-601776, 020-3572365. You can also Yamada who was accompa- get access to a health center in To- Kilifi and Ganze Districts are still e­mail us at [email protected] or [email protected]. kyo three years ago where she was experiencing an acute shortage of nied by his wife Hisano expressed NOTE: All payments should be made through cheques, payable to: dismay at revelations that over assisted to deliver her baby boy. health facilities and appreciated 90 percent of expectant mothers “When I hear of stories of how support by the Japanese govern- Institute for Civic Affairs and Development (ICAD). in Chonyi division have been de- expectant mothers face problems ment. The Link, April 2012 24 DEVELOPMENT Relief as Nyeri teachers’ sacco State will not court returns sell troubled grabbed land records impressive growth KPCU, says to school By JOSEPH MUKUBWA quirement, death, rising demand cost of Kshs 55.8 million. Nyaga for credit have been part of the “The office block is in - con NYERI Teacher’s Sacco Soci- By JOHN NYAMBUNE myriad challenges surrounding formity with the global trends on By BOB OMBATI ety last year recorded growth in this very dynamic environment. provision of essential services. turnover from Kshs284 million in The society membership grew The society has realized its dream COOPERATIVE Development and KAKAMEGA Primary year 2010 to Kshs332 million last Marketing minister Joseph Nyagah School has received a major from 7, 213 year 2010 to 7,904 in ensuring that members will en- year. last year,” the chairman added. joy private cubicles, ATM serv- has assured coffee farmers that the reprieve after a court ruling Speaking during the 36th an- government will not sell the trouble The chairman said the man- ices, interview rooms, spacious ridden Kenya Planters Cooperative restored their grabbed land. nual general meeting, the Sacco agement endeavours to deliver banking hall, visa cards, mobile The school which caters chairman Daniel Muturi also said Union (KPCU). best customer services to their banking and a one stop shop,” Nyagah says KPCU is being for 2,500 pupils has had to that the Sacco recorded positive members, become more innova- added the chairman. restructured to serve coffee farmers contend with limited space growth with its loan portfolio tive, and inculcate good corporate The society last year scooped better owing to the mushrooming after a developer was allo- from Kshs 9.7 billion in the pre- governance to propel growth. several awards including first po- coffee mills nationally which had cated seven acres of school vious year to Kshs 10.8 billion in Those present during the meet- sition of the best loan services in rendered it irrelevant. The minister land ten years ago. year 2011 while the return to the ing included Secretary in the Min- teacher’s Sacco category in the says the union will no longer mill The school’s head members in form of dividends istry of Cooperative Development country, first position of highest coffee but will instead serve as a teacher David Ikunza says stood at 11.8 per cent. Daniel Maanzo, KNUT Nyeri average savings in the teacher’s warehouse for storing milled coffee “However, the society with- from various cooperative societies teachers had to forego their branch Executive Secretary Mu- category in the country, best man- before they are sold internationally. staffroom to create room stood the harsh times and focused tahi Kahiga, and branch KNUT aged Sacco in the urban Sacco’s on the opportunities that gradu- He says the union will pay farm- for classrooms which were chairman Patrick Karinga. category and also the first posi- ers advance to boost coffee produc- confined to one acre piece ally gave growth. Competition, The society has been able to tion of dividend paid in the urban tion and deduct the money once the of land. technology, taxation, dignified re- establish its own office block at a Sacco category in the country. coffee is sold and urged farmers to Both teachers and the increase the quality and quantity of their produce to enable the fetch pupils commended Lands high prices and boost their earnings Minister James Orengo in the international market. and the Provincial Com- Nyagah was addressing stake- missioner, Samuel Kilele holders at Gusii Coffee Farmers Co- for helping them to reclaim operative Union ( GCFCU) during a their land. ceremony to commission a Kshs. 10 million lorry bought by the union to The school was given a facilitate the transportation of coffee go ahead to reclaim their from various parts of Western region land in court ruling dated for milling. February 17, 2012 pub- KPCU, noted the minister will lished in the Kenya gazette. invest in housing projects on its The school had also 54-acre farm in Nairobi to benefit sought audience with the farmers, adding that the land will not be sold despite pressure by some Truth Justice and Reconcil- unscrupulous politicians and cartels iation Commission (TJRC) out to fleece farmers. over the stalemate. “The government owns a third “This is a joyful day for of shares in KPCU while the remain- us, we are making rounds ing two thirds shares are owned by through the town as a show cooperative societies and thus any- one who wants to sell their shares of appreciation to the min- can go ahead instead of rocking the istry of lands and the pro- union from within. vincial office for giving us The minister was accompanied back our land,” said Ikun- by Commissioner Fredrick Odhia- za. mbo, Nyanza provincial cooperative He continued: “We now officer, Zephaniah Osok, Coopera- tive alliance of Kenya Chief Execu- want the ministry to dis- tive officer, Daniel Marube, Wak- patch state surveyors for enya Pamoja Sacco Chief executive demarcation to enable us Officer, Gideon Oyuma and his plan our development. Teachers follow proceedings during the 36th Annual General Meeting of Nyeri Teachers Sacco in Nyeri GFCU counterpart, Robert Mainya town recently. Photo/Joseph Mukubwa during the function. Measures on northern corridor to spur intra-regional trade By LINK WRITER the facility within a hundred days. The engaged in aggressive administrative installed at the entrance of the weigh- alty will be charged on transporters challenges that face the Northern trans- reforms to revamp their operations of bridge to help track offenders. who park within 5km of customs en- THE government plans to boost re- port corridor range from the laborious the facilities to make them more effec- According to Joseph Mwaniki, a try points. This is as per the powers gional trade by eliminating non tariff cargo clearance process; storage to tive and to rid them of corruption. seasoned truck driver with a 15 year provided by Section 15 of East Africa barriers (NTB) along the northern documentation and customs verifica- The authority, under the auspices experience on the northern transport Community Customs Management transport corridor. tion at the port which negatively affect of East African Transport Facilitation corridor, the changes at the weigh- Act (EACCMA, 2004). According to the Minister for East regional business with Kenya’s EAC project aims to promote efficiency of bridge herald a new era in the regional Citing recent public concerns and African Community and member of Partners, Burundi and Rwanda suffer- its facilities to harmonize weighbridge transport. “We used to spend long in the spirit of the East African Com- the cabinet subcommittee on NTBs ing the most. management and axle loads in the hours and sometimes one day at the munity Common Market agreement, Musa Sirma, the ongoing measures by While over 65% of Rwanda’s northern transport corridor. weighbridges, it now takes a few min- KRA is pushing for simultaneous veri- Kenya Ports Authority, Kenya Nation- exports and imports go through the Already, new modern weighing utes”, says Mwaniki, currently an em- fication of cargo by all border agencies al Highway Authority, Kenya Revenue Mombasa port, the inefficiencies at the machines have been installed at the ployee of Siginon Freighters at the border point. Currently traders Authority and Kenya Police among port have become a barrier to the EAC Athi River weighbridge to speed up The development at the port and in the region are hampered by strenu- other implementing agencies will help Partner. The cost for exporting and im- the movement of trucks at the facility. weighbridges coupled with the strin- ous customs clearance procedures in to address infrastructural bottlenecks porting a container to and from Rwan- The new machines are able to weigh gent administrative measures set by which goods are separately checked along the corridor to reduce cost of do- da is USD 3,275 and USD 4,990 at 29 three trucks within less than a minute, the KRA and the Kenya Police at the by officers on either side of the border ing business in the country by its EAC and 31 days respectively. It costs USD a departure from the past where one borders will help reduce transporters’ leading to massive delays. partners. 2,965 and USD 4,855 for Burundi at truck took more than three minutes woes at the border points. The revenue The establishment of the One Stop “Uganda, Rwanda and Burundi 35 and 54 days for the same. to be weighed. Mariakani and Gilgil body launched a decongestion Rapid Border Post (OSBP) experimental fa- heavily depend on the Northern cor- “An inefficient port will result in weighbridges are also under contracts Result Initiative (RRI) last month at its cility at Malaba, a concept that will be ridor. Kenya as a responsible EAC industrial meltdown and other reper- for revamping. border point’s offices to facilitate faster replicated in EAC region- has shown partner is obligated to reduce cost of cussions such as loss of jobs with dire “The new weigh machines will clearance of transit cargo. a glimpse of success. For instance, doing business within their jurisdiction consequences for regional economies. measure three axles at once, thereby At the Malaba border, KRA has re- truckers previously requiring two days to comply with the spirit of EAC inte- This must not be allowed to happen”, reducing the time spent by trucks on solved that only two licensed clearing to clear with customs officials now gration,” said the Minister. says Dr. Cyrus Njiru, PS, Ministry of the roads,” says Athi River weigh- agents per company will be allowed to require an average two hours or less Recently KPA launched a rapid re- Transport. The Kenya National High- bridge manager Edwin Ranji who also operate within the customs premises courtesy to the joint handling of docu- sults initiative that targets to decongest way Authority (KENHA) has also been said CCTV cameras have also been while a USD1000(Kshs.82,000) pen- mentation. The Link, April 2012 FEATURE 25 Rape cases spike in Bahari — report By BEKADZO TONDO spectively with a total of 119 cases 18 while Vitengeni division registered represent cases that were officially re- health centres in the region, only six while girls below the age of 5 years 15 cases and Bamba had the least corded at the district hospital when the had knowledge on such matters. AT LEAST 360 cases of defilement accounted for 33 cases,” said Mr number recording nine cases. victims sought for medication includ- Mr. Chome blamed the increased were reported in two Districts of Kilifi Chome. The report says majority of the ing counselling, but the number could cases of defilement on the lack of County last year. The social worker further revealed perpetrators were neighbours who be bigger,” said Mr. Chome. awareness among the public and A report compiled at Kilifi dis- that girls aged between 5 and 11 years defiled about 50 girls while strangers Mr. Chome told the forum that therefore majority of the cases were trict hospital reveals that girls aged accounted for 87 defilement cases. accounted for 35 cases. about 63 of the defilement cases re- never reported to the relevant authori- between 12 and 16years registered According to the findings, Bahari The findings further indicated that ceived counselling on trauma. ties. the highest prevalence rate with 119 division of Kilifi district ranked high friends were responsible for 15 of the The forum was also informed that Members of the public have an ob- cases. Girls below the age of 5 years in the list with 175 cases being regis- reported cases while 12 of them were most of the offenders were never tak- ligation to assist defiled girls by tak- reported 33 cases in both Kilifi and tered in the area. committed by relatives. en to court as victims had either inter- ing them to the nearest public health Ganze districts. “Records indicate that Bahari di- It was further observed that eight fered with the evidence or reported to centers for close medical examination A health worker attached to Kilifi vision was leading with the highest victims were sexually molested by hospital very late and therefore cases before such cases are reported to the District Hospital Mr. Christopher number of defiled girls in the year un- close family members including fa- could not sustain conviction due to police. Chome made the revelations during der review where a total of 175 cases thers, brothers and cousins. lack of evidence. “Late reporting of defilement cas- a workshop on gender based violence were reported at the district hospital,” The social worker however said The meeting heard that the district es tampered with evidence and I am held at the District hospital. said Mr. Chome. the figures could be higher consider- hospital lacked technical medical per- therefore appealing to members of the “Majority of the defiled girls Kikambala followed with 69 cas- ing most cases go unreported. sonnel to handle victims of sexual of- public to report the cases to ensure ranged between 12 and 16 years re- es, Ganze division 32 cases, Chonyi “The figures in the report only fences because out of the 300 public that justice prevails,” said Mr Chome. Alarm over rising teenage pregnancy in Nyamira By JOHN NYAMBUNE

THE rising cases of teenage pregnancies in Nyamira County have been blamed on the influx of Boda Boda operators in the area. A Children Assembly organ- ized by the Ministry of Gen- der in collaboration with the National Council of Children Services heard that 15 cases have been reported in the area since the beginning of the year. “I have documented reports of 15 teenage pregnancies con- nected to boda boda operators. Some transporters lure under- age girls into sex for free rides,” adds the Nyamira District Children Officer, Mr. Samwel Masese during the meeting held at the Agricultural Training In- stitute in Kisii. He spoke as it emerged that about 50 boys in the area had dropped out of school during the month of February to en- TOP: Poverty and deprivation are major factors gage in Boda Boda trade which contributing to teenage pregnancy. RIGHT: A pregnant promises quick money. woman in Kenya’s North Eastern Province with one of Dr. Grace Nyamongo, a gen- her children. BOTTOM: AMREF educates Kenyan girls der and development expert in Ganze to help combat high teenage pregnancy.

who spoke at the meeting chal- by their teachers and thus the lenged both parents and teach- need to impose punitive meas- ers to provide guidance to the ures to discourage the vice. teenagers to enable them cope with the myriad problems that Masaba North District Chil- afflict them. dren Officer, Mr. Robert Njiru Nyamongo, a lecturer at and his Borabu District coun- Kenyatta University says that terpart, Mr. Thomas Mulwa, the boda boda trade should be called for implementation of streamlined to help limit the programmes to sensitize boda age bracket that is currently boda operators on the need to dropping out of school to join change their behaviour adding the trade. that it was the newest challenge She further says that children in the fight against HIV/Aids. must be accorded with an op- Some operators interviewed portunity to air their grievances in Nyamira town confirmed both at home and in school to moral decadence involving a avoid violation of their rights. section of them who demand Dr. Nyamongo notes that for sex in exchange for free some children have been abused rides. The Link, April 2012 26 FARMING Bunyala rice farmers in protest over graft By NYAKWAR ODAWO 106-003 and account number 4-92- -178-111340-102-006-001. We are RICE farmers from Ruambwa-Mu- therefore demanding to be told who dembi irrigation scheme are up in owns the two bank accounts and in arms following the disappearance of which bank. The rice dryer is not Kshs 60 million meant to revamp the available and we have been told that sector. the rice project committee had alleg- The rice farmers led by group edly purchased a parcel of land at a chairman Thomas Otieno Oduor cost of Kshs100,000 which we have took issue with the project commit- not been shown,” said the farmers, tee officials who have since been adding that the former project com- ousted and accused them of embez- mittee officials are yet to account for zling the funds. the outstanding cash. “We want the former office bear- The rice farmers as well attrib- ers to account for the millions of shil- uted poor rice harvest last season to lings that the Ministry of Agriculture untimely delivery of fertilizer and had disbursed to fund the rice project pest spray yet the farmers had paid in Bunyala South and East,” said the for such services in advance. farmers, adding that even the water The angry farmers lodged their gates meant to ease flow of water complaints before the national irri- into the rice field are non-existent gation officer in charge of Bunyala and that the drainage system is also district at Magombe and called for poor. the immediate disbandment of Ru- The rice farmers at the same time ambwa-Mudembi rice project com- said that the area CDF committee mittee to pave way for the election of Rice farmers are up in arms following the disappearance of Kshs 60 million meant to revamp the had disbursed a total of Kshs100,000 new officials. sector. Photo/File during the 2009/2010 and 2011/2012 Contacted for comment, the na- financial years to aid in the purchase tional irrigation board official Joel “I convened a meeting with the former project committee had been However, the national irrigation of a rice dryer but no dryer was ac- Tanui said that when he discovered aggrieved rice farmers at Ruambwa operating without an account, regis- official assured the farmers that his quired and that there is nothing on that Ruambwa-Mudembi rice project shopping centre where I gave the tration certificate and a constitution office will undertake thorough in- the ground to justify its existence. had been infiltrated by politicians, farmers authority to go ahead and yet the CDF committee was still con- vestigation on the alleged embezzle- “The cash was deposited to ac- he authorized the rice farmers to go elect new officials,” said the national tinuing to disburse more funds to the ment of the said cash and take stern count number 492178-111340-102- ahead and elect new officials. irrigation official, adding that the project. legal action on those involved. Rice farming to control Budalang’i flooding By LINK CORRESPONDENT The project funded by the World Bank targets 30 groups RICE farming is emerging as an in Ugunja, Alego Usonga and alternative form of cash crop for Budalang’i districts. farmers in flood prone Budalang’i According to Tanui, the project area in, Bunyala District. that covers more than 14,000 hec- The area that has been synon- tares will be put under gravity-fed ymous with floods is now being irrigation. transformed into a leading rice In order to allocate more land producing area. for the cereal, Bunyala District According Christopher Gunyi, Agriculture Officer Michael chairman of Magombe Multipur- Wekesa says they will double the pose Co-Operative Society, farm- acreage under rice. ers in the area have a reason to “Farmers are embracing rice smile after venturing into serious farming in large numbers and we rice farming. hope that this will help boost food “We used to rely on maize security in the District,” he said. farming which had low returns The initiative is being sup- but now with rice we are getting ported by economic stimulus something,” observed Gunyi. programme and more than 1,600 Areas such as Rwamba, Mu- hectares of land is now under rice naka, Mudembi and Nanjomi that farming. would be flooded during the rainy Wekesa says that farmers in season are today leading produc- TOP: Farmers in a rice plantation. BOTTOM: A rice plantation farm. the area have the capacity to har- vest if the programme is expand- ers of rice. ed. The farmers have already However, the only challenge started harvesting and they are is that middlemen have pitched now targeting 45,000 bags of the camp in the area to take advan- cereal. tage of the desperate farmers. The initiative has received a According Cajetan Gaitano, a major boost from the Ksh 2.3bil- farmer in the area, lack of mar- lion disbursed by the National ket and poverty makes it easy for Irrigation Board to assist in rice brokers and middlemen to buy the farming within the next three rice at a throw away price. years. Under the new initiative farm- According to Joel Tanui, a ers will be equipped with knowl- manger with NIB the area has a edge to grow a variety of crops great potential that needs to be such as maize, arrow roots, po- utilised. tatoes, rice, fruits and vegetables The programme being con- for domestic consumption as well ducted within the River Nzoia as selling. belt targets 20,000 farmers. The Statistics indicate that Kenya programme is set to produce four imports three-quarters of the rice million bags of maize and a mil- consumed from Asian countries lion bags of rice within a period such as Pakistan under preferen- of two years. tial tax terms. The Link, April 2012 FARMING 27 Milk shortage blamed on prolonged drought Nzoia calls for By HENRY OWINO preparation in the Rift Valley Prov- Eastern and Nairobi and Mombasa be encouraged to invest in milk zoning to curb ince which normally takes place cities. The traditional consumers of processing infrastructure to enable THE Kenya Dairy Board has from the month of December was the illegally imported produce have them venture into long life products cane poaching blamed the rising milk prices in the extended to February leading to re- shifted to the local produce thus oc- to ease distribution and market- By AGGREY BUCHUNJU country to the prevailing drought ing challenges. The Kenya Dairy duced availability of animal feed. casioning a strain in the milk prod- NZOIA Sugar Company Managing Direc- situation. The MD at the same time notes ucts. Board will develop Integrated tor Mr. Saul Wasilwa now wants the regu- The Board’s Managing Direc- that over the last decade, Kenya However the Board is advocat- Management Information System lations on sugar cane zoning enforced. tor Mr. Machira Gichohi says the has continued to suffer from the ing for the distribution of the pow- to improve information systems The move, Wasilwa says, will help prolonged period of dry spell has importation of counterfeit products dered milk reserves held by New for ease access and communication curb the ever increasing sugar cane poach- resulted in a decline in milk pro- which enter the country through its KCC. He says that milk proces- amongst stakeholders. ing by millers who do not have sufficient duction with an estimated shortfall The board also wishes to im- supply of cane and jaggeries. porous border in the North Eastern sors have been asked to liaise with Speaking to the press in the com- of 6 million litres during the month parts of Kenya. New KCC to buy powdered milk prove efficiency in dairy chains by pany’s board room recently, Wasilwa dis- of January and 11 million in Febru- The ongoing peace keeping while farmers will be facilitated integrating several components like closed that the company was holding six ary this year. mission in Somalia has seen a sharp to obtain pasture in areas hit by feed production and processing, tractors loaded with poached sugar cane He further says the shortfall has decline on the illegal imports in the shortage. service provision, breeding, milk form its contracted farmers. He accused a been occasioned by severe frost af- local market, especially in North The MD says that farmers will processing and marketing. neighbouring miller of perfecting the art fecting most parts of Central and of cane poaching and vowed not to release the tractors until the required penalty is Rift Valley highlands, which are paid. the major milk producing regions “We will release the tractors after they in the county. pay the required penalty,” the MD who “The frost that occurred in the was accompanied by the company board last quarter of 2011 resulted in the chair Mr. Lawrence Sifuna said. drying up of fodder and grasses in Wasilwa said that for the company to recover the credit in terms of farm inputs these areas. To date, the affected advanced to its contracted farmers, the fodder has never recovered lead- farmers must sell their cane to the factory. ing to inadequate animal feed,” he He, however, regretted that the com- explains. pany has continued to incur huge losses He says the scenario has been because some farmers evade paying the aggravated by increased demand company’s dues by selling premature cane to unauthorized jaggaries and millers. for milk consumption owing to The MD for instance noted with dis- campaigns spearheaded jointly by may that the company’s cane on 164 hec- the processors and Kenya Dairy tares had been deliberately poached since Board. July last year. Wasilwa further noted that “The School milk program has 640 hectares of sugarcane at the company expanded to a large extent after last nucleus and another 46 hectares on the outgrowers’ farms have been torched by year’s promotion campaigns by the arsonists.. Kenya Private Schools Association He attributed the two incidents to the (KEPSA) and the Kenya Primary recent dry weather conditions and strong Schools Head Teachers Associa- winds saying they were conducive to the tion (KEPSHA). The impact of fast spreading of fire. Wasilwa estimates these promotional campaigns is the losses the company incurred through arsonists and poachers in both the nucleus the increased demand for milk and and out grower farms at Kshs. 45 Million. milk products,” he adds. Recently Nzoia sugar company se- He says that the ongoing land curity personnel have been engaged in Mr. Machira Gichohi, Kenya Dairy Board Managing Director. running battles with West Kenya sugar company, Butali Sugar Company and sev- eral jaggeries over poaching of cane from Nzoia Zone. Quite a good number of tractors and lorries transporting cane from farms be- Kilifi residents faced with starvation longing to farmers contracted by Nzoia Sugar Company have been impounded. By BEKADZO TONDO do some manual jobs like excava- ted include Kizingo, Takaunga,Roaka aging to get a paltry 4 bags of maize However, the affected farmers accuse tion and de-silting of 12 water pans and Takaungu in Bahari constituency from an acre, 3.5 bags of cow peas Nzoia sugar Company of harassing them NEARLY 100,000 people from three while other are engaged in 31 com- while Sokoke and Palakumi dispen- and 3 bags of green gram per acre. without any apparent reason. They urged districts in Kilifi are faced with star- munity water harvesting projects saries are in Ganze constituency. In areas like Tsangatsini and the company’s management to embrace vation due to the prolonged period of to assist in crop production,” noted Farmers in the affected regions Mariakani in Kaloleni district, farm- liberalised economy by allowing them to drought. sell their cane to a factory of their choice the report. last year recorded poor farm harvest ers registered total crop failure due to without coercion and intimidation. The latest drought and food secu- According to the report, the from the short rains with some man- lack of rains. rity surveillance report reveals that government through the ministry the area registered total crop fail- of livestock development has spent # ure after last year’s short rains thus Kshs I million to purchase livestock The putting a large number of the resi- from farmers and distribute meat to SUBSCRIPTION FORM dents to the risk of starvation. the famine stricken families. The survey titled the Kilifi Coun- It was noted that a total of 67 LinkEnhancing governance for all ty Food Security Assessment Report heads of cattle were purchased covers Kilifi, Ganze and Kaloleni from Vitengeni and Bamba divi- districts in the southern part of Kilifi sion of Ganze district and meat dis- County and indicates that out of the tributed to 2,975 households which Please accept my/our subscription to The Link for the period of ...... months 831,108 people living in the area, are worst hit by famine. dating from ...... to...... about 555,180 people are living be- The World Food Program low the poverty line which consti- (WFP) has also offered support in I/We …………………….………………...………………… of P.O. Box...... ….…...... …… tutes to 66.8 percent. the distribution of relief food with a The report compiled by the de- total of 7,100 people being assisted Code ……...…… Town …...... ….…..….…Tel No.…….……...... …. Street ...... partment of drought management in where 1,200 of them are children. Kilifi notes that about 65,100 poor The report indicates that WFP Building ...... Floor ...... Room No ...... Mobile ...... …… people have benefitted from the Cash has so far donated 13,537 metric for Asset assistance programme. tonnes of cereals, 7,232 metric Email: ……...... have paid Kshs...... Another 8,200 hunger stricken tonnes of pulses and1,807 metric people in the three districts are rely- tonnes of vegetable oil which has (Attached, please find money order No ...... ing on the relief supplies distributed already been distributed to the tar- under the Food For asset program geted families. Please send me ……...... ………....………..copies per issue every month. while an additional 24,501 have been Further, the Plan International receiving relief food through the has introduced feeding program in Signature and /or stamp of client/:...... …...… Date ...... general food distribution category. 35 schools where 11,529 children Under the food for asset program, have benefited from the school feed- Back issues No/Months: ...... beneficiaries are hired for communal ing program. work before they can receive their The organization has also dis- Fill in this form and attach a postal money order of Kshs. 660 and post back to:- food ratios to help rid the notion that bursed unimix to six health centers to food is given freely. help feed the malnourished children Institute for Civic Affairs and Development “Beneficiaries under the food who lack balanced diet. P.O. Box 7438 - 00200 Nairobi for asset program are required to Health centers that have benefit- The Link, April 2012 28 REGIONAL NEWS State gives free inputs to Kisii farmers By BOB OMBATI erty levels. Farmers, says Katimbwa have THE government has disbursed been trained on how to apply farm in- certified maize seeds and fertiliz- puts and use correct methods of farm- ers to farmers in Kisii central district ing to increase food production for through the National Accelerated In- household consumption and sale, add- put Access Programme ( NAAAIP) ing that officers have been deployed which has been funded to the tune of on the ground were monitoring the Kshs16 million in the current financial process to ensure farmers benefited. year. “Farmers have to prepare land, Area Agricultural officer, John plant, weed, top dress and harvest. Of- Katimbwa says the programme seeks ficers monitor the process to know the to assist poor farmers who have been challenges encountered by farmers in unable to engage in meaningful farm- case production is affected,” adds Ka- ing due to lack of certified maize and timbwa. fertilizer. He says farmers sold 30 percent of The officer, who addressed 800 their produce to the cereal board and farmers at Mosocho divisional head- used the proceeds to buy farm inputs quarters after distributing fertilizer for the subsequent planting seasons, and maize to the needy farmers, notes adding that they no longer depend on that food production in the area had the program for free farm inputs. increased from five to 20 bags per acre Katimbwa notes that farmers can after farmers embraced the program. secure bank loans to buy farm inputs He says that previously the area as they wait the cereal board to pay registered poor yields as only a few them to settle the debts, stressing that farmers planted certified maize with most beneficiaries have been empow- fertilizer, stressing that the trend was ered economically. changing with the adoption of better Fredrick Ochwangi, a disabled farming methods. farmer lauded the government for the Katimbwa says each farmer in programme, which he says has helped Keumbu, Mosocho and Kiogoro Di- households to produce enough food to vision has been given 25 kilograms of ward off famine which previously rav- DAP, 25 kilograms of CAN fertilizers aged the area. and 25 kilograms of certified planting He says most poor and vulnerable maize. residents can afford to put a meal on Maize production, notes the of- the table and cater for the needs of ficer had shot up from 20,000Kgs to their families unlike before when they 60,000Kgs and thus improving food were forced to do menial jobs to raise security and reducing household pov- income to buy food. Maize seeds being delivered to farmers. Another maize shortage looming, says NCPB By LINK CORRESPONDENT the Strategic Grain Reserves (SGR) 2.1 million bags having been carried told The Link. Last year, the country Evans Wasike further says the board from three million bags to eight mil- forward from the 2010 harvesting sea- witnessed an acute shortage of maize is still awaiting an additional Kshs.1.7 ANOTHER maize crisis looms in lion bags. son. mid last year which saw an upsurge billion as promised by Prime Minister the country owing to the inability by Statistics compiled by NCPB in- NCPB managing director Gideon in prices with the 90-kilogramme Raila Odinga. “We are still waiting for the government to buy enough stocks dicates that the government has only Misoi however says the government bag of maize retailing at a high of communication from the Ministry of from farmers last year. managed to buy 600,000 bags of plans to increase the SGR stocks by Kshs.4,800. The board bought the Special Programme to see if the mon- The National Cereals and Produce maize even as the harvesting season five million bags – from three million 600,000 bags of maize from the Kshs2 ey will be released,” he said. Board (NCPB) have raised a red flag came to an close. The strategic re- to eight million bags to offset the defi- billion allocated to it by Government. Millers Association chairman Dia- citing government’s failure to boost serves now stand at 2.7 million, with cit that hit the country last year,” he NCPB’s public relations manager mond Lalji intimates that they have only 400,000 bags of maize. He dis- missed as afr fetched and misleading reports attributed to the government alluding that a total of 27 million bags were harvested from last year’s season. Further, a report on the Cost of Living compiled by NCPB and tabled before the Parliamentary Select Com- mittee last year, revealed that over the last 10 years, “national production has been erratic, barely meeting national demand.” The same report indicated that the country would experience a deficit of 13 million bags of maize from last year’s harvest. The national annual consumption of maize stands at 33 million bags, but cereal growers argue that the figure might have gone up by now owing to over-reliance on the commodity. Mr. Timothy Busienei, a director at the NCPB, at the same time ques- tions the validity of 27 million bags that the government claims were har- vested last year. “It is impossible to ar- gue that the 27 million bags of maize were harvested last year. Farmers might have harvested 20 million bags at most,” he said. He says that only half of the esti- mated 20 million bags could be avail- able for commercial purposes while the remainder is meant for subsistence A farmer at Lorian in Uasin Gishu County harvests his maize crop late last year. use. The Link, April 2012 29 REGIONAL NEWS Central residents Raila, Musalia face famine Nyeri priests accused of urged to due to drought reconcile to By LINK CORRESPONDENT sexual harassment CENTRAL Kenya which is considered unite party among areas with the highest potential By JOSEPH MUKUBWA Wilfred Gaichu, firmly deals with the School Heads Association (Kep- for agricultural output is faced with fam- notorious priests. sha) chairman Nicholas Gathemia By NYAKWAR ODAWO ine. “One father has been calling me who was among those present in the A monthly report compiled by the NYERI primary school head teach- ORANGE Democratic Move- National Drought Management Agency ers have bitterly protested over al- at the ungodly hours of the night and protest said they are fed up with the I’m wondering why. We should be sponsors and urged them to let the ment (ODM) civic leaders from (NDMA) reveals that Kieni area has leged regular sexual harassment by the entire Busia County have ex- registered a near total crop failure as the Catholic priests. given freedom to do our work with- head teachers do their work without pressed concern over the emerg- a result of dry weather and frost since The teachers mainly women who out interference,” adds a furious head interference. ing split between the party leader last December. According to the report lead Catholic sponsored schools teacher of Gitathi-ini Primary School “We are tired of their ‘question- and Lang’ata MP Raila Odinga February has been marked by hot and claim that priests call them at odd Rose Mureithi. able behaviours’ and constant in- and his deputy Musalia Mudavadi dry days and extremely could and chilly hours of the night to sexually harass Another head teacher of Ki- timidation by the priests. If the trend nights which had resulted in frequent following disagreements on the them. ambwiri Primary School in Nyeri continues, education standards will mode of nominating the party’s frost attacks on both crops and pastures. Central District, Immaculate Ka- decline in the District. The NDMA report says that only The teachers who stormed the presidential bearer. negligible amounts of maize, beans and area DEO’s offices say that some of butha, says she has since been trans- Area DEO Wilfred Gaichu prom- The civic leaders led by potatoes – the region’s staple foods – them have been transferred for fail- ferred to another school after she re- ised to consult his seniors and con- Walatsi ward civic leader coun- will be harvested and that these could ing to comply with the demands. fused to ‘cooperate’ with the fathers. vene a meeting in order to chat the cilor Jackson Wambulwa who is only sustain the households for a month They demanded that the DEO Central Province Kenya Primary way forward. also the Busia County Cess chair- or less. The report further notes that man expressed fears that the party most people in the area were currently which has over the years enjoyed relying on food purchases as their main overwhelming public support is source of food which has seen prices of headed for collapse unless the dif- staple commodity going up. ferences are ironed out amicably. The report says most households “ODM is likely to lose grass- had exhausted their crop yields long be- roots support it has enjoyed all this fore maturity. The report intimates that years unless the two party leaders currently, most households had resorted settle for an agreeable system of to disposing off their livestock at throw- nomination,” they said. away prices as a survival strategy. The civic leaders who spoke to The report also cites an outbreak of the Food and Mouth Disease (FMD) in The Link at the Busia council hall three locations in the area during the recently said that ODM as a party month of January but lauds the govern- had won the confidence of major- ment for timely interventions through ity of Kenyans as the only party quarantines and the closure of the Nany- with the ability to deliver. uki Slaughterhouse. They at the same time ap- It also adds that the nutrition status pealed to the Prime Minister of children under five years deteriorated Raila Odinga to stop interfer- considerably in February by 82 per cent ing with the National Executive with the number of children at the risk of Council (NEC) saying he should malnutrition in the area increasing from instead give NEC room to work 0.55 per cent to 1.55 per cent. independently so that the council “This is an indication that most which is the top party organ, may households have begun experiencing come up with an agreeable system stress which if not addressed might slide of nomination that will be accept- to a crisis in time,” said the report. able to all the parties. The agency sampled 1,503 Kieni “We are appealing to the par- residents in 330 households. The number Nyeri primary schools head teachers are barred by police from entering the gate of Central Provincial Director of Education to lodge their complaints against Catholic priests. Photo/Joseph Mukubwa ty leader Raila Odinga to allow of children monitored was 1,325. the National Executive Council (NEC) to come up with a suitable nomination method that is agree- able to all,” they said, adding that changing a section of the party ‘Yes Nyanza Youth Can’ clubs launched constitution to suit the whims of By BOB OMBATI ficials said that once the youth are finan- During the exercise, Dennis Orioki plemented in six counties in the country an individual is unacceptable and cially stable, the culture of overreliance Justine Omwenga, Lilian Kenani, Victor and challenged the youth to seize the can therefore wreck the party. A YOUTH programme in Nyanza re- on handouts during electioneering peri- Makana, Kevin Motonu, Emmah Were, opportunity to venture into businesses “We are also appealing to the gion has mobilized 5000 youth groups ods will be eliminated. He said impov- Enock Nyakundi, Irine Onchoke, Esther to help alleviate poverty and boost their PM to let nominations be done at in the area to empower them economi- erished youths were vulnerable and easy Moraa,Juma Oseko, Eric Omota, Obiri standards of living. the County level as opposed to cally ahead of the forth coming general to manipulate with politicians targeting Mariaria, Ruth Obure, Alice Nyakundi, The official explained that the elect- the mode preferred by a section elections. them to unleash terror on their political Valentine Moraa and Evans Momanyi ed youth will elect their board officials of ODM MPs who appear to be The “Yes Youth Can” Programme rivals. Apopa urged the youths to shun were elected as officials to the Kisii and president this month, adding that the PM’s political die-hards,” they Manager, Fred Apopa says the Pro- politicians who incite them to violence youth forum board to coordinate the ac- those who intend to contest for elective added. gramme is being implemented by World during the electioneering period as they tivities in the county. posts at the county and national govern- The civic leaders further criti- Vision with funding from USAID. Ap- risk serving jail terms in the current po- Others officials include Hellen ments are not eligible to sit in the Board. cised politicians from the area opa notes the Groups will be aided with litical dispensation. Keya, Edward Ogari, Ezna Otenyo, “Members of the Board who intend who are opposed to bid by Mu- small grants and investment loans to The official said that 500,000 youths Albert Choti, Evans Omweno, Ris- to seek elective positions during the davadi to seek the Party’s presi- initiate income generating projects to aged between 18 and 35years respective- per Bichang’a, Doris Machoka, Vincent forthcoming General Elections will be dential ticket, and threatened to improve their livelihoods. ly have been mobilized under the pro- Orogo, Geoffrey Obuba, John Sagero, forced to resign to pursue their political mobilise the electorate against The manager, who spoke at Kisii gram countrywide, adding that they will Vincent Maobe, Simon Osano, Alfred ambitions,” stated Apopa and urged poli- them during forthcoming General Sports Club in during the elections of be aided to venture into income generat- Nyakoe, Margret Kiega and Alice Osa- ticians not to interfere with the affairs of Elections. Yes Youth Can Kisii County forum of- ing activities in their respective counties. no. He said the programme is being im- the youth.

By LINK CORRESPONDENT The move further reflects the Govern- ment’s turnaround strategy to put the PLANS are underway to retrench Ministry set to lay off workers authorities on the profitability track. workers attached to the six regional The authorities are tasked to fos- development authorities in the Minis- Ministry of Regional Development programme that aims at reassigning doesn’t have money,” said Orege. ter development within their locali- try of Regional Development. however says that the exercise will employees to their respective areas of It is estimated that the retrench- ties through implementation of pro- The exercise slated for June this only proceed if funds are availed on specialization,” adds the PS, adding ment programme will cost the ex- grammes and projects like provision year will mainly affect workers at time. that there were no funds to pay those chequer close to Kshs.60 million in of hydropower, flood control, water Kerio Valley Development Authority, He says that currently the Ministry declared redundant. compensation packages. supply for irrigation, domestic and in- Lake Basin Development Authority, has embarked on a rationalization pro- Orege says the retrenchment The retrenchment programme dustrial use as well as environmental Tana River Development Authority, gram that seeks to redeploy workers process can only be effected in June seeks to strengthen the authorities conservation. They also act as a link Ewaso Nyiro North Development Au- on areas of specialization as they wait if funds are available. Currently, the and enable them review remuneration between local farmers and the market. thority, Coast Development Authority for funds to lay off workers. authorities have a workforce of about packages to boost performance and Established primarily to address and Ewaso Nyiro South Development “We are not going to retrench un- 1,625, with many serving in low cad- efficiency of those retained. the regional imbalances, regional au- Authority. til we have enough funds to undertake res. “Retrenchment cannot proceed Re-organisation is also expected thorities though underfunded, play a The Permanent Secretary in the the exercise. But we have rolled out a without funds as the Government to attract and retain qualified staff. key role in cohesion of the country. The Link, April 2012 30 REGIONAL NEWS Araka raps Ngilu moves decisively politicians over funeral against climate change politics By PETER MUTUKU yala, and West Kano are ongo- She spoke as World Vision, by inadequate rainfall which ing. Mwea irrigation scheme is an international relief and de- does not sustain crops to maturi- By BOB OMBATI THE Ministry of Water has em- scheduled to be expanded from velopment organization intensi- ty, while livestock is lost for lack barked on ambitious projects the next financial year. fied support to communities in of water and pasture. THE Council of elders that seek to mitigate climate “The works will include con- the arid and semi arid regions In the dry Mwala region that from Gusii region has change. struction of Thiba Dam, Reha- of Kenya to enable them access is prone to food insecurity due to urged politicians from the Projects earmarked for im- bilitation of Water Conveyance clean drinking water and reduce persistent crop failure, the World area to stop turning funer- plementation include the con- infrastructure and expansion of incidences of water borne dis- Vision has initiated a rain water als into political platforms struction of five large dams irrigated land at a cost of Kshs 10 eases. harvesting project that supports a to advance their political namely Maruba dam in Macha- billion. World Vision has introduced group of 400 farmers in Vyulya agenda. kos County, Badassa in Marsa- The Ministry has completed rain water harvesting technolo- location. Abagusii Culture and bit County, Kiserian in Kajiado implementing several water and gies in the areas it operates in Under the initiative, the groups Development Council County, Umaa in Kitui County sewerage projects in towns such the arid and semi arid regions. received support to construct and (ACDC) Chairman, Ara- and Chemususu dam in Baringo as Nzoia water supply project The initiatives have enabled protect seven underground water ka Matundura, says it is County. covering Kitale, Bungoma, thousands of agro-pastoral com- reservoirs complete with a 10 kil- wrong for politicians to Water Minister Charity Ngilu Kakamega, Webuye and Busia in munities to realize impressive ometer pipeline extension to the hijack funeral programmes says that already Maruba dam the Western region. agricultural output and provide farms where crops are irrigated. to sell their policies a head has been completed and Kiserian Other projects under imple- adequate water to their livestock The groups were also support- of the general elections. dam is to be completed soon. mentation include Isiolo, Nyahu- within short distances. ed to put up 19 green house kits Matundura says such “These dams will provide ruru, Migori, Nairobi, Kiambu, Food and other livelihood ac- where they grow vegetables such campaigns negate the cul- 21 billion litres of water to the Murang’a and Mukrweini. tivities are always compromised as green pepper and tomatoes. tures, customs and tradi- consumers for various uses,” tions of Omogusii and it is she says adding that remarkable a mockery to the bereaved progress has been registered in family, their friends and the construction of the Isiolo Ur- relatives. ban Water Supply and the Isiolo The chairman, who Sewerage systems project. The spoke at Nyaribari Chache, project is jointly funded by the Kiogoro division during African Development Bank and an awareness campaign the Government of Kenya at a on Gusii culture and tradi- cost of Kshs6.6 million. tions urged politicians to This, she says will help reduce organize political rallies to water related complications and sell their policies instead improve sanitation in Isiolo town of capitalizing on funerals. and its environs. “ As elders, we want The Minister says that the the departed to be buried Ministry plans to upscale related in a respectable manner. programmes so that the impact Politicians should respect is felt all over the country espe- the dead and accord them cially in water stress areas. their last respects,” Matun- “This will be achieved through dura told The Link in Kisii implementation of the water stor- town. age policy that the Ministry has The official noted that prepared in which we project to it was wrong for leaders to construct 26 large dams in the attend funerals to canvass next five years. for jobs and political offic- She further says that the Min- es, adding that they should istry plans to revive major irriga- follow right channels to tion schemes in a move that aims achieve their objectives in- at creating wealth and employ- stead of feeding mourners ment in rural areas. with politics. She says that the revival of He admitted it was dif- major irrigation schemes namely ficult to reign in on politi- Bura and Hola has started while cians who engage in poli- rehabilitation of Perkerra, Bun- Water Minister Charity Ngilu commissions the Evoleni community water projesct in Kibwezi district. Photo/File tics at funerals, stressing the council of elders has ethics which barred them from no powers of controlling engaging in private practice. their speeches but urged Mr Yumbya at the same them to exercise self con- Bogas Malindi clinics closed time ordered the management trol to avoid offending the By BEKADZO TONDO while the arrested quacks were “In most of the private clin- of Malindi municipal council bereaved families. managing them without proper ics, we found that they were clinic to improve the standards His remarks are like- THE Kenya Medical Prac- certification. officially registered with the of the clinic which was in a pa- ly to irk leaders who are titioners and Dentist Board “We raided about 28 health respective medical boards and thetic state. fond of attending funerals (KMPDB) has shut down il- centres in Malindi and we local authorities but lacked Ms Fatuma Abdalla , an to campaign for election legal clinics in Malindi in a managed to arrest at least three qualified personnel to man inspector from board said the or re-election for various major crackdown to nab un- medical personnel who were them,” explained the CEO. drainage system at the facility seats in the county and na- qualified medical personnel managing the health facilities Mr Yumbya said this ex- was grounded while the staff tional governments. and protect unsuspecting resi- without the required qualifica- posed the lives of innocent did not have uniform as re- Gusii leaders including dents. tions and shut down other four people at the risk of being in- quired by law. Education Minister, Sam Four clinics were shut down for not having the relevant li- fected with other types of dis- She noted that toilets at the Ongeri and former cabinet and three unqualified personnel censes,” said Mr Yumbya. eases due to wrong diagnosis. clinic had blocked due to poor minister, Simeon Nyachae arrested during the operation During the raid, the Board The CEO further revealed sewerage system and gave the have vehemently opposed led by the Board’s chief execu- established that most of the pri- that most private clinics were council two weeks to repair the political speeches during tive officer Mr Daniel Yumbya. vate clinics were registered but being operated by medical of- system and ensure all staff are funerals and have often According to Mr Yumbya, later handed over to unquali- ficers working at different gov- in uniform besides being pro- been at loggerheads with the clinics were operating fied medical personnel to run ernment institutions in com- vided with protective gadgets politicians who defy their without the relevant licenses them. plete disregard of the code of like gloves and overcoats. opinions. The Link, April 2012 REGIONAL NEWS 31 TMEA Publisher raises red flag over piracy By JOSEPH MUKUBWA Nyeusi na Hadithi Nyingine ‘ genuine copies from established books hit the market. These pi- supports Tea books written by Ken Walibora and reputable bookshops and rated books are also produced MORAN East Africa publishers and Said A. Mohamed are being avoid street vendors selling sec- in bad quality papers. We must Board Limited have raised a red flag sold by street vendors with un- ond hand books. fight piracy,” he added. By LINK WRITER over piracy of its books. suspecting parents, teachers and “The authors of the book are The Copyright Act makes it The publishing company students buying erroneous and losing loyalty. The company is an offense for anybody to pos- TRADE Mark East Africa Sup- says that many of its books have misleading books. also losing millions of shillings sess, reproduce and sale pirated ports Tea Board of Kenya in Auto- been pirated and were now be- He urged buyers to insist on since January this year when the books offense. mating its Business Processes ing sold by street vendors in Mt Trade Mark East Africa (TMEA) Kenya region mostly Thika, Ny- has partnered with the Tea Board eri and Karatina towns. of Kenya (TBK) to develop and Speaking in Nyeri town, the design an online web portal and a Mt Kenya Regional Manager Management Information System Blaise Mwangi urged police to (MIS) that will aid in the automa- crackdown on those selling the tion of TBK’s business processes. books to unsuspecting teach- This is expected to signifi- cantly improve application and is- ers, schools, parents and stu- suance of licenses, certificates and dents since they are buying fake permits for stakeholders in the tea books. industry. He said pirates were target- TBK is responsible for regulat- ing the Swahili set books which ing and promoting the tea industry have been authorised for use as well as facilitating research into in all secondary schools in the all aspects of tea growing, manu- country up to 2017. facture and pest and disease con- “This is a popular book trol. printed in pink colour with wa- It is also mandated to oversee ter marks of the Moran publish- the smooth running of the tea in- ers. Some unscrupulous people dustry through policy guidance, have reproduced it contrarily to licensing, registration and trade the Copyright Act. I urge po- development. The tea industry lice to take action against those stakeholders include tea grow- producing it and charge them in ers, manufacturers, management court,” he said. Moran (EA) Publishers Limited Mt Kenya regional manager Blaise Mwangi displays identical books (left is agents, tea buyers, packers, bro- Mwangi said the ‘Damu the original) while right is a fake one in Nyeri town. Photo/File kers, warehousemen, exporters, importers and the auction organ- izer. “The TBK web portal will aid in the sensitization of tea traders on TBK requirements, regulations Poll suggests ethnicity to count less in voting and procedures for tea trade and the impact of the ICC process Constitution. 28 percent of the making process have eroded offer online application for licens- By PETER MUTUKU in the forthcoming elections and respondents reported positive public confidence on this all- ing and permits; thereby improv- important institution. There is ing trade compliance and reducing ETHNICITY and political eu- Kenya in general. About 1,936 change based on the ongoing ju- the time it takes to apply and issue phoria may have little impact in Kenyans participated in the poll dicial reforms while 26percent need for Parliament to examine trade documents” said Trademark the next general elections, ac- conducted between January 20th mentioned more awareness on why the public has a negative East Africa’s Kenya Country Di- cording to an opinion poll on the and February 13th, 2012. human rights. perception on its commitment to rector, Jason Kapkirwok. ‘State of Governance in Kenya’ The poll established that However, the study estab- the constitutional implementa- Speaking during a press brief- conducted by Transparency In- majority of Kenyans want can- lished that the rising cost of tion process and reform accord- ing, TMEA Country Director said ternational-Kenya. didates in the next elections to living and high corruption lev- ingly,” he adds. the project which should be com- According to the survey, make commitments to build na- els have diminished apprecia- On Anti-corruption efforts by pleted in six months time will cost there is a high level of public ex- tional cohesion (27.9 percent), tion for the Constitution. About the government, Seventy-seven a total of Ksh 12 million. pectation for honesty and a clean fight poverty (27.1 percent), 34percent and 11 percent cited percent of the sampled popula- “Once the project is complete it development record among as- reduce the cost of living (22.7 the rising cost of living and high tion reported being unaware of will significantly reduce delays on piring leaders with 77percent percent), and tackle corruption levels of corruption respectively any government-led anti-corrup- cargo clearance as well as increase of the respondents reporting (21.6 percent). as the reasons behind their pes- tion efforts in their locality. transparency, accountability and that they will consider these “These results demonstrate simism on the impact the Con- Public confidence in institu- competency in the tea industry,” two values while casting their Kenyans’ desire for issue-based stitution has had on governance tions involved in anti-corruption said Kap-Kirwok. votes; 15.7percent said they will politics. Politicians therefore practices. efforts such as the Ethics and He noted that, TMEA is provid- consider election pledges while have to be alive to the critical Institutions perceived as be- Anti-Corruption Commission ing business process automation challenges facing the elector- ing major impediments to the (EACC) and the civil society and web-based portals to various 4percent cited the ethnicity of a candidate as a key factor in se- ate,” the report reads in part. implementation of the Constitu- remained low at 33 percent with trade facilitation agencies to allow Most respondents said that can- tion included Parliament, which respondents doubting their ca- for easier access to standardised lecting leaders. The opinion poll was prem- didates will be vetted to establish is viewed as the largest threat to pacity to steer the fight against trade information and documents, corruption. “Public confidence improved and consistent applica- ised on the ongoing processes their values, vision and ability to successful implementation of tion of trade regulations by trade linked to the implementation deliver commitments made dur- the Constitution. in the commission should be facilitation agency staff, increased of the Constitution, anticipated ing the campaigns. Fifty-seven percent of the maintained and elevated even compliance rates by traders and in- general elections and impend- “We must critically scruti- respondents were apprehensive further as it is a key factor in creased transparency and account- ing International Criminal Court nise all individuals seeking our about Parliament’s commitment mobilising civic support in the ability in import and export trade (ICC) trials on the 2007/2008 votes and take advantage of the to the implementation process fight against corruption,” said operations. post-election violence. next general elections to birth a while 15percent and 12percent Mr Kimeu. These solutions also enable “These three processes have refined leadership that meets our cast doubt on the Judiciary and At the same time, 46 percent government agencies and the pri- without doubt placed key gov- priorities and expectations, and Presidency respectively in the of the respondents said that the vate sector to participate in the ernance institutions under a places country before self,” said same regard. impending ICC trials will help planned national and regional elec- sharp spotlight, ignited Kenya’s the TI-Kenya Executive Direc- The TI director says that Par- minimise a recurrence of elec- tronic Single Window Information political temperature and cata- tor, Mr Samuel Kimeu during liament is at the centre of the toral violence in future; 20 per- for Trade (SWIFT) that will reduce lysed political formations,” adds the launch of the opinion poll legislative process and therefore cent believe that the ICC proc- time and costs for traders and trade the survey. report. it is important that the public ess will provide relief or justice facilitation agencies in the East Af- The opinion poll was con- On whether, the Constitution views it as an institution that for the victims. On this basis, rican region. ducted to evaluate notable has helped to steer change in the facilitates rather than hinders or the establishment of the judicial SWIFT is a trade facilitation governance structure, sixty-four stalls implementation process. and legal structures necessary concept whose implementation changes following the adoption of the Constitution; anti-corrup- percent of the sampled popula- “Perhaps petty politicking, to prosecute other post-election allows cross-border traders to ac- tion said there has been posi- partisan interests and self-pres- violence perpetrators not com- cess, apply for and submit regula- tion efforts; factors that are like- ly to influence voting patterns in tive change in governance prac- ervation attempts by Members mitted to the ICC process should tory documents at a single loca- be expedited. tion. the next general elections and tices since the passage of the of Parliament during the law- The Read The Link monthly for issues affecting LinkEnhancing governance for all communities across Kenya The Link, April 2012

Committee Mobile schools restore concurs with Kibaki over Bill hopes among Turkanas By PETER MUTUKU

By MALACHI MOTANO the scorching heat she had had to en- A PARLIAMENTARY com- mittee has allowed a memo- THE introduction of mobile schools dure during her days as a herder. “When our animals were affect- randum by President Kibaki to through a project dubbed ‘Education the House rejecting the County for Marginalized Communities in ed by the drought and died, I asked Government Bill but proposed Kenya (EMACK) is slowly build- myself what will happen to me. further amendments to push for ing resilience amid drought in north- Where will I get any benefit for my the enactment of the legislation. western Kenya. future? I said let me go to school.” The Committee on Local Au- Rebecca Ekusi, 15, a benefici- She recalls. thorities rejected the contentious ary of the programme narrates how Kalokutanyang is one of the 81 Clause 30 that MPs inserted dur- it has helped to restore hope to the mobile schools in Turkana County, ing the second stage of the legis- majority of school going children which allow access to basic educa- lative process. in the area. “Before I joined the Ka- tion for the children of pastoralists Committee members under- lokutanyang Mobile School, I was and others in remote areas. scored the need to delete the confined to a life of hopelessness The Government established Ka- clause that gives county gov- and mainly spent my days tending lokutanyang Mobile School in 2008, ernors powers to chair security the family’s goats in this vast, semi- with support from UNICEF, to meet meetings equivalent to the Na- arid region Turkana”. the needs of three village clusters tional Security Council be de- For years, her dream of ever comprising of about 150 house- leted from the Bill. joining school had remained elu- holds. The school has 95 registered President Kibaki declined sive. “But God eventually answered students ranging from 2 to 17 years to assent to the Bill on Febru- of age. On any given day, about 40 ary 27, arguing that it should be my prayers. A prolonged regional amended to reflect the Constitu- drought set in and withered the pas- to 50 students attend school. Christine Tukei is the only teach- tion. turelands and over time, killed off House Speaker Kenneth much of the livestock in the region. er at the school which has helped to Marende had directed the com- The onset of drought was a devas- bridge the existing education gap in mittee chaired by Kinangop MP tating blow, yet in an ironic twist, it the area. “Never before have they David Ngugi to look into the was the answer to my prayers. Final- had the opportunity to study togeth- concerns raised by the President ly, I would have a chance to learn.” er. Some of the children walk for Kalokutanyang is one of the 81 mobile schools in Turkana County, a largely neglected part of Kenya known for its in the memo and report to the Currently, the young lady and her about three to four kilometers,” she house. explains. timeless ways. The schools allow access to basic education family are living in a tiny village of for the children of pastoralists and others in remote areas. In its report tabled in parlia- thatched, dome-shaped minyatas, In the afternoon, when children Photo/Malachi Motano ment, members of the committee where they earn their living from classes end, adults who never got an further proposed amendments weaving baskets and selling char- education can receive informal in- to Clause 54 by introducing a struction at the mobile school. ing MDG number two and Educa- county, 37 per cent of children under new sub clause that establishes coal. About two kilometres away, tion for All (EFA) by 2015 and thus five were severely malnourished due the Kalokutanyang School beckons. According Mohamed Elmi the a county inter-governmental fo- minister for Northern Kenya, the the need to introduce programs that to prevailing drought in the area. rum that would be chaired by the At the age of 13, she enrolled in seek to incorporate even the pasto- The situation is however being grade one which was a far cry from government is committed to achiev- governor. ralists. managed through the supplemen- The forum has been entrust- “My view is that people do tary school feeding programme. The ed with the responsibility to har- not have to choose between their children at Kalokutanyang Mobile monise the services rendered in lifestyle and an education. While School get two meals a day, prepared the county and coordinate inter- increasing numbers of nomadic with supplies from the World Food governmental functions among groups are choosing to settle in vil- Programme. The meals are a lifeline other issues. lages, there are still many who wish – especially for young children from When issuing the directive, to pursue their traditional lifestyles, pastoralist households that have lost Marende noted that the Presi- which involve polygamy and fe- the milk, meat and income formerly dent had raised pertinent issues male circumcision. The government derived from their animals. among them the legality of the does not want to push people to stop “When school is open, they eat in Bill as amended during debate. roaming. There are now 91 ‘mobile the mobile school because their par- Members had the option of schools. ents cannot afford a meal at home,” adopting the President’s recom- Stakeholders like UNICEF have says Iperit Ekadeli, a mother whose mendations in totality or in part provided this school (Kalokutan- four children attend Kalokutanyang. before the Bill is resubmitted to him for assent. yang) with two mobile school kits By reaching children where they It emerged that if legislation and two early childhood develop- live, mobile schools represent one had rejected the amendments ment kits containing recreational long-term solution to the education and decided to pass the Bill in and instructional materials. The gap for pastoralists. In addition, 60 its original form, they would be agency has also built girls’ and boys’ boarding schools in Turkana, many required to garner the support of latrines, which are to be linked to a assisted by UNICEF, allow the chil- 65 percent of the House. nearby borehole through pipes that dren of nomadic herders to remain in The speaker in his ruling not- have already been laid.” classes while their parents are on the ed the Presidents right to refuse When the pipes are connected, move. to assent a Bill and to return it to they will provide water for Kaloku- For Rebecca Ekusi – and millions Parliament with a Memorandum tanyang, another local school and the of children like her across the Horn could not be taken away by the surrounding villages. For now, Re- of Africa – education is all about expiry of the period for enact- becca’s mother and the other village gaining the skills and knowledge to ment provided for under Article women must walk for hours to fetch succeed in the future, no matter what 261 of the Constitution. water – unless it rains, in which case crises arise. Marende directed that the they can dig shallow wells by hand. “With education you become House proceed to dispose of the Memorandum from the Presi- The Minister for Northern Kenya, Mohamed Elmi, addresses a meet- Like poor access to safe water, well off in the future,” says Rebecca. child malnutrition is a chronic prob- “But without education, you will be dent through the committee as ing at Kumpa Primary School, Kajiado, during the launch of the he early stated. District Ranking Sheet. Photo/Malachi Motano lem in Turkana. In some places in the poor. You will not have anything.”

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The Link, April 2012 14 SPECIAL REPORT Transition to County Governments INTRODUCTION (i) criteria to guide the transfer of functions to HE Transition to Devolved county governments It is all systems go as the country transits from a highly centralized Government Act, No. 1 of (ii) criteria to determine the government that has had an overbearing control over sub national T2012, is a facilitative law of transfer of previously-shared transition to county governments. assets, liabilities and staff authorities. A new law providing a legal and institutional framework It is a fulfilment of the constitution of the government and local Schedule 6, section 15 that man- authorities; for a co-ordinated transition to the devolved system of government is dates parliament to enact a leg- (iii) carry out an audit of the already in place. The law lays out phases of transfer of functions to islation that transfers function to existing human resource counties in phases. It recognizes of the government and local county governments, validation and transfer of assets and liabilities that while the next elections will authorities; bring forth county governments, (j) assess the capacity needs of of the outgoing public institutions and establishes a neutral author- the functions of the counties domi- national and county ity with various mandates including crafting the initial budget for cile in the national government as governments; it inherits the functions of the old (k) recommend the necessary county governments. central government. In order not to measures required to ensure have county governments in place that the national and county In this edition, GIDEON OCHANDA gives a summary of the Transition to Devolved without functions, the Act provides governments have adequate Government Act, No. 1 of 2012. for the requisite phased transfer of capacity during the transition functions and has created a Transi- period to enable them tion Authority to manage the proc- undertake their assigned ess for three years. functions; including requisition of with the Prime Minister; Constitution. (l) co-ordinate and facilitate reports, records, documents (b) the head of public service The Transition Authority the provision of support and or any information from and secretary to the cabinet; Members of the authority on the other The Authority has been vested assistance to national and any source, including state (c) Permanent Secretaries in the hand require: with powers to facilitate and county governments in departments or public ministries of local (a) a degree from a recognized co-ordinate the transition to the building their capacity to entities; government, public service, university; devolved system of government. govern and provide services (b) compel the production of finance, planning and justice (b) a distinguished career in their In doing so, the Authority is to; effectively; any information necessary in (d) the Attorney-General and the respective field; (a) facilitate the transfer of (m) advise on the effective the discharge of its duties Authority’s chief executive (c) at least ten years post functions and powers be and efficient rationalization (c) interview any person, groups officer are ex-officio qualification professional tween the national and and deployment of the or members of organizations members with no rights to experience; and county governments human resource to either or institutions; vote; (d) satisfies the requirements of (b) determine the resource level of government; (d) hold inquiries and Chapter Six of the Constitution. requirements for each of the (n) submit monthly reports investigations Qualifications of Chairperson functions to the Commission for (e) make recommendations and Members The law disqualifies applicants who (c) develop a framework for the Implementation of and facilitate the distribution To qualify for appointment as a are: comprehensive and effective the Constitution (CIC) and he of assets to the National and chairperson, the applicant must: l members of Parliament or transfer of functions Commission on Revenue County Government; and (a) hold a masters degree from a County Assembly; (d) co-ordinate with the relevant Allocation (CRA on the (f) undertake any activity recognized university; l members of governing body of a authority to; progress that has been necessary to effectively carry (b) have a distinguished career in political party; (i) assist in the development registered in the out its functions. senior management position l elected or nominated member of of the budget for county implementation of the in either private or public a local authority; governments during the first transition to the devolved Organs of the Authority sector; l members of a Commission phase of the transition period; system of government; The authority is to be composed (c) hold at least fifteen years post established under the (ii) establish the status of of; qualification professional Constitution; ongoing processes, develop Powers of the Authority (a) a chairperson and eight experience; and l bankrupt; ment programmes, projects The Authority has powers to other members appointed by (d) satisfy the requirements of l removed from office for and make recommendations (a) gather relevant information, the President, in consultation Chapter six of the contravening the Constitution or to pave way for the any other law; co-ordinated management, l Unable to meet any statutory reallocation or transfer to obligations. either level of government during the transition period; The law provides for the appointment (iii) ensure successful of a Secretary who is the accounting transition to devolved system officer responsible for— of government; (a) the implementation of the (e) prepare and validate an decisions made by the Authority; inventory of all the (b) the formation and development existing assets and liabilities of an efficient administration; of government, other public (c) the organization, control and entities and local authorities; management of staff; (f) make recommendations (d) maintaining accurate records on for the effective management financial matters and resource of assets of the national and use; county governments; (e) ensuring the drawing up and (g) provide mechanism for the approval of the required budget; transfer of assets which may and include vetting the transfer of (f) performing any other duties as assets during the transition may from time to time be period; assigned by the Authority (h) develop criteria to determine the transfer of functions To qualify, the secretary must have at from the national to county least— governments, including— Mr. Charles Nyachae, CIC chairman Mr. Micah Cheserem, CRA chairman (a) a masters degree from a

The Link, April 2012 SPECIAL REPORT 19 Transition to County Governments government; (m) provide a mechanism, for the elections, the authority is to pub- function and provision of (e) audit the government staff in transition of government and lish identified functions which related services by the county It is all systems go as the country transits from a highly centralized counties, to establish the local authority employees; may be transferred to county gov- government; government that has had an overbearing control over sub national number of staff in each (n) provide for a mechanism for ernments immediately after the (f) The availability of the county by cadre, grades, the transfer of government elections. Thereafter each county required infrastructure and authorities. A new law providing a legal and institutional framework gender, age and qualification; net assets and liabilities is to make requests to the authority systems to deliver the (f) audit the Local Authority to national and county, for additional transfers. The crite- function; for a co-ordinated transition to the devolved system of government is staff in the counties, to governments. ria below are to be followed by the (g) The presence of the already in place. The law lays out phases of transfer of functions to establish the number of local (o) provide mechanisms for authority upon which a transfer of necessary financial authority staff in each county transfer of assets and function may be granted or denied. management systems; county governments, validation and transfer of assets and liabilities by cadre, grades, gender, age liabilities which may The determination must be within (h) An approved plan in relation & qualification; include vetting transfer of 60 days. When transfer is denied, to the function; and of the outgoing public institutions and establishes a neutral author- (g) facilitate civic education, assets during the the authority has to propose clear (i) any other variable as may ity with various mandates including crafting the initial budget for be prescribed after consultations between the county governments. Authority, county governments and In this edition, GIDEON OCHANDA gives a summary of the Transition to Devolved the Commission for Government Act, No. 1 of 2012. the Implementation of the Constitution and the Commission on Revenue Allocation. recognized university (b) ten years experience in a Assets and Liabilities management position. Assets and liabilities of any state institution or local authorities is Guiding Principles not allowed to be transferred with- In performing its functions, the Au- out the permision of the Authority. thority to be guided by principles During phase one, the authority which include; has to consult with National Treas- t accountable to the people and ury, the Commission on Revenue ensure their participation Allocation, the Ministry of Local t facilitate the transition in a Government and the Ministry of transparent, objective and fair Lands before any assets and li- manner abilities are transferred. t promote and sustain fair In phase two, the authority has to procedures in its operation consult with National Treasury, t non partisan and non- political in the Commission on Revenue Al- its operations location and the Cabinet Secretary t apply and promote national responsible for matters relating to values intergovernmental relations. Any transer of immoveable prop- Constitutional Implementation erty requires the approval of the Commission is mandated to monitor Authority in consultation with and oversee the transition process to National Treasury, the Commis- devolved government. sion on Revenue Allocation and the Cabinet Secretary responsible Transition Phases for matters relating to intergovern- Transition is to be done in two phases. mental relations and Lands. Phase one means the period between Nairobi City Hall. 9th March, 2012 (when the act com- Progress report The law directs the Authority to menced) and the date of the first elec- to ensure civic education on transitional period. and practical measures to build the tions. Phase two means the period be- submit a progress report in every devolution is commenced (p) provide for a mechanism capacity of the county to enable three months to the President, Par- tween the date of the first election and and co-ordinated; that will secure assets and the transfer take place within the three years after the first election. liament, the Commission for Im- (h) facilitate the initial liabilities held by the Local shortest time possible. plementation of the Constitution preparation of county Authorities; and In Phase One, the Authority is to; and Commission on Revenue Al- budgets, to ensure such In Phase Two, the Authority un- Criteria for transfer of functions location. (a) audit assets and liabilities of budgets are agreed upon; Functions to the county governments the government, to establish dertakes the following activities; The progress report includes— (i) facilitate the preparation of (a) complete any activity that are to be transferred subject to; the asset, debts and liabilities of county profiles, to ensure t Existence of legislation in (a) status on transfer of functions the government; may be outstanding from to county governments; that the profile of counties Phase One; relation to the function. (b) audit assets and liabilities of are produced published and t Existence a framework for (b) any impediments to the local authorities, to establish the (b) oversee the transfer of transition programme; publicized; functions from the national service delivery to implement asset, debts and liabilities of each (j) carry out an analysis of the function; (c) recommendation to address Local Authority; government to the county specific concerns identified functions and competency government; (c) Whether a county (c) audit local authority assignment and ensure plan government has identified or by the Authority ; and infrastructure in the counties, to (c) facilitate the county (d) any other information of for distribution of functions governments in the established administrative establish the number and and competency is published units related to the function; concern relating to the functionality of plant and performance of their functions of the Authority. necessary Acts amended; functions; (d) Whether the county equipment in Local Authorities; (k) provide mechanism for government has undertaken a The law stipulates that consequent (d) audit the government (d) any other activity that may closure and transfer, of public be necessary to enable capacity assessment in reports after the first elections infrastructure in the counties, to records and information; relation to the function; are to be submitted to Parliament establish the number and county governments carry (l) facilitate the development out their functions. (e) Arrangements for and the and to the relevant county functionality of plant and of county public finance extent of further assemblies and county executives equipment for the purpose management system; Procedure for Transfers decentralization of the committees. of vesting them to either level of In at least 30 days before the