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SPECIAL REPORT The URBAN AREAS AND CITIES MANAGEMENT — Pages 14 & 19 SUPPLEMENT LEnhancingink governance for all THE PARTNERSHIP FOR PEACE PROJECT FUNDED BY THE EU DECEMBER 2011 Issue No. 086 Kshs 40/= — Pages 15 - 18 Know your Clarify legal status cancer status now of the Kisumu City By BRIGHTON KAZUNGU By GIDEON OCHANDA OPPORTUNITY has arisen for all Kenyans to know their cancer status HE newly en- immediately. acted Urban The government has launched Areas and cit- a rigorous countrywide campaign T to create public awareness on the ies Act 2011 has put in to question the le- prevalence of and dangers posed by gality of Kisumu City cancer, which has become a major as a County because health risk in the country. it essentially cre- The campaign kicked off in ates another County Mombasa recently. However, it’s expected to be conducted all over which is not provided the country in a tight racing against for in the constitu- time to tame the spread of the dead- tion. ly scourge. It all began on the In the coastal region residents night of 26th August are being educated, informed and 2011 when Parliament screened for various forms of the passed handful legis- disease, including the most com- lations to buttress the mon ones like cervical, breast and prostate cancers. constitution in line with Dr. Esther Getambo, the head of the year one listed as ‘a the Oncology Unit at the Coast Pro- must’ legislations. Ur- vincial General Hospital (CPGH), ban Areas and Cities Act, Aerial view of Kisumu City said 80 percent of cancer infections 2011 was in tow as required by the are curable if detected at an early Constitution – Article 184 and the fifth stage of development. The tragedy schedule which states that “a national From the provisions of the is that many patients only go for legislation shall provide for the govern- treatment when it is too late. “When they eventually come ance and management of Urban Areas Constitution and the Act Kisumu City for treatment, they are already in and Cities and shall in particular is either an illegal County or illegal City stages three and four which are very a) Establish criteria for classify- advanced and cannot be helped ing areas as Urban areas and Cities much,” she lamented. 2011, based on the requirement of the before the commencement of the Act b) Establish the principles of gov- Dr. Getambo said cancer is ma- Constitution established a criteria and shall be deemed to be cities established ernance and management of urban ar- jor public health problem not only different categories of urban areas and under this Act,” (Sec 60). And this is eas and cities in Mombasa but in the country as a Cities. where the problem begins. c) Provide for participation of whole. She attributes late diagnosis The status for both Mombasa and With the exception of Nairobi that trends to apathy, fear, and ignorance residents ………… may include mech- Kisumu have been retained in the Act becomes a Capital City, Mombasa of the disease. anism for identifying different catego- “………the municipalities of Mom- and Kisumu becomes City Counties. ries of urban areas and cities.” basa and Kisumu existing immediately 8 Turn to Page 2 Col. 1 The Urban Areas and Cities Act, 8 Turn to Page 2, Col. 1 School heads lack MPs gang up in Saitoti urged to financial literacy defense of CDF introduce policy on —Pg. 3 de —Pg. 13 police posts —Pg. 30 I Turkana schools Kenya Power moves Fish farming enriching face closure due to to light up slums communities insecurity —Pg. 8 Ins —Pg. 22 —Back Page The Link, December 2011 2 GOVERNANCE Clarify legal status of the Kisumu City From page 1 government there is another ex- ecutive head called a manager “City County means a city heading another independent which is also a County,” Sec- board. The net effect is that both tion 2 of the Act. The govern- the constitution and the Act ance and the management of a have created different parallel County City is to be in accord- governments for the same city ance with the law relating to counties. the County Governments- Sec- The executive committees tion 12 (3). and the governors have a role in From the foregoing, it is the establishment of the city or clear that we have three County municipal boards but thereafter Cities: Nairobi, Mombasa and the boards are not answerable to Kisumu. anyone. The boards are charged However, it is only Nairobi with overseeing the affairs of and Mombasa that are included the cities and municipalities, in the list of Counties (Sched- develop and adopt policies, ule 1) in the Constitution and plans and programmes, control- given full strength in Article 6 ling land use and development, (1). Nairobi and Mombasa fits implement national and county in their entirety with all their legislations, enter into contracts constituencies within one geog- and partnerships, prepare and raphy and by extension poten- administer the budget, collect tial distinct city county govern- Kisumu City Hall rates, taxes, levies, duties, fees ments. Kisumu City. ii) How does the City functions of the county admin- and surcharges, implement and On the other hand, Kisumu But the options are limited get its Governor, the executive istration and its departments monitor performance of man- County listed as Number 42 in since amending the Constitu- committee and County Assem- among other executive func- agement systems, etc. – Sect. the list of 47 Counties is not the tion to alter territorial divisions bly? tions. But the Urban Areas and 20. same as Kisumu City created by (Article 6 and first schedule) iii) How will the City share Cities Act, 2011 has first, placed The same functions are giv- the Act. will require both parliamentary in the National revenue distri- more or less the same roles to en to the executive committees As currently placed, Kisumu approval and a referendum (Ar- bution? city boards and two, has made of counties by the constitution City comprises of Kisumu East ticle 255). Changing the internal iv) If it remains under those boards’ body corporate art.183, thus, implement county and Kisumu West Constituen- division of the territory is one of Kisumu County Government, entities. and national legislations, pre- cies only but Kisumu County the protected clauses that par- how then does the City partici- The managers of the cities pare legislations and policies, includes Kisumu Rural, Nyan- liament alone can not amend. It pate in the election of County are answerable to the board and county planning and budget do, and Muhoroni, Nyakach as requires two thirds approval by Governor, the Senator and not the executive committee. processes, etc These indicate a well as the two town constituen- parliament and a national refer- Women representative to the City and municipal Managers clear contradiction or duplica- cies. endum both of which the coun- National Assembly? who shall be the equivalence tion of roles. What all this means is that try can ill afford before the next Management of Cities of the current city and munici- It behoves, the constitution the Act has created an additional elections. The management of the cit- pal clerks are to implement the implementation commission County that is unconstitutional. If Kisumu remains as pro- ies and municipalities is also decisions and functions of the and all the relevant bodies to Kisumu County City is there- vided in both the constitution headed for difficulties, tremen- boards and not the executive look again at the urban areas fore “illegal” unless the con- and the Act, there are funda- dous confusion and an affront committees of the county or and cities law. It also begs as stitution is amended to create mental concerns that must be on the constitution. The consti- City County. a reminder that legislations space for an additional County addressed. tution has created county ex- For purposes of pecking or- passed in haste and in shortened or the Urban areas and Cities i) Which County Govern- ecutive committees and charged ders, a governor is the head of a time that do not allow for public Act, 2011 is amended to provide ment shall Kisumu City board them with the responsibility corporate entity called a county participation would mean con- for a different special status for serve under? to manage and coordinate the government but in the same stant ridicule of parliament. Know your cancer status now From page 1 year. offers screening for cervical hospital. civil servants clinic is just a few Recently prominent person- About 10 to 15 new cancer cancer every Wednesday and This is still expensive for or- meters away. alities such like the late Nobel cases are reported at the Keny- Friday at a subsidized cost of dinary Kenyans, but parents who About 200 women turned up Laureate Prof Wangari Maathai, atta National Hospital (KNH) Kshs.100, but few women ac- can afford should take daughters on the first day alone, and Dr. Medical Minister Anyang each week, with 64 percent of cess the service. for the drug, he says. Soita says at least 1,000 women Nyongo and Jerry Okungu were patients ranging within 30 to 50 Vaccination for Human Radiotherapy sessions for ad- will receive the life saving test. diagnosed with the disease. Sad- years. Papilloma virus (HPV), which vanced cancers are only held at The Provincial General Hos- ly, Prof Maathai succumbed to Getambo says since the unit causes 80 per cent of cancers, KNH, with most Kenyans being pital is the largest referral hos- the disease. opened a year ago, at least 170 is also available at private clin- unable to afford the treatment, pital in the region, with only Available data shows that patients have been referred for ics for 13 year-olds who are not and residents have asked the one cytologist who serves the breast and cervical cancers are radiotherapy at KNH, with five sexually active.

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