The SPECIAL REPORT LAND QUESTION STILL A STICKY ISSUE AS

Enhancing governance for all ELECTIONS DRAW NEAR Link — Pages 16 - 17 SEPTEMBER 2012 Issue No. 095 Kshs 40/= Cabinet on the spot over defective leadership Bill Bill protects people seeking state offices from public scrutiny as required by the

constitution Dr. Willy Mutunga By FAITH MUIRURI HE Leadership and Integrity Bill as proposed by Mutunga the Cabinet is utterly defective and has failed to Tcapture key areas proposed by the Commission for the Implementation of the Constitution (CIC). thinks out The Cabinet Bill has left out two key provisions from the CIC Bill. Areas of concern include the removal of clauses that provide for the Declaration of Assets, Income and Liability of State offic- of the box to ers and Certificate of Compliance with Chapter Six for persons seeking election or appointment to State office. The bill thus denies Kenyans an opportunity to entrench lead- decongest ership and integrity in . The Bill has contravened Article 80 (a) of the Constitution which mandates parliament to establish procedures and mecha- courts nisms for the effective administration of integrity. By BOB OMBATI Close scrutiny of the Bill reveals that there are no procedures and mechanisms for the effective administration of Chapter Six. CHIEF Justice, Dr Willy Mutunga, has More significantly, the Bill has failed to provide for specific dis- urged church leaders, clan elders, chiefs, ciplinary procedures for State officers who violate this Chapter or councilors and District Commissioners and breach the Act. to arbitrate land disputes and other petty Further, the Bill has failed to prescribe the penalties that may offenses in their respective area to help be imposed for contravention of this Chapter or the Act as reduce the back log of cases pending in required by Article 80(b) of the Constitution. courts. The bill has also vehemently failed to make Mutunga said that currently such cases explicit references to Article 80(c) of the account for a substantive proportion of the backlog of cases pending in most courts in Constitution which calls for the promotion of the principles the country and thus the need to explore of leadership and integrity. alternative mechanisms to resolve the dis- Another contrast in the putes. “Cases land related disputes should be Bill is the provision that al- resolved at family level to avoid saturat- lows state officers to engage ing courts with numerous cases which take in gainful employment con- long to be heard and determined and ex- trary to Article 77 of the Con- pose litigants to endless suffering,” he said. stitution that stipulates that The CJ noted that the judicial way of State officers shall not par- resolving petty disputes was expensive and ticipate in any other gainful litigants were forced to hire lawyers who employment. charged exorbitant fee in the pursuit for Further, the Bill does not 8 Mr. Eugine Wamalwa: Justice and Constitutional minister. 8 Turn to Page 2, Col. 1 Turn to Page 2 Col. 1

IEBC under spotlight Why law has so far AGRA leads green again over cash for failed to deter sex pests revolution efforts in nomination —Pg. 6 —Pg. 12 Africa —Pg. 25

CIC cries fowl over Finland joins fight Kenyans urged to rise up Also weakening of bills by against poverty in against defilement of new

Inside... the Cabinet, MPs —Pg. 8 Western —Pg. 20 constitution —Back Page The Link, September 2012 2 GOVERNANCE

from Chapter 15 Commissions. They From page 1 are then will be required to investigate such allegations and take disciplinary require persons seeking State offices Cabinet on the spot over action against such EACC commis- to declare income, assets and liabili- sioner. ties beforehand. Going by Kenya’s history, politics In addition, the Bill does not have and experience this clause is likely to a Declarations of Income, Assets and defective leadership Bill be abused and eventually may dis- Liabilities as was contemplated by gainful employment should be disal- ment to create mechanisms that will from relevant bodies and members of suade the EACC from carrying out CIC Bill and proposed by stakehold- lowed if it results in a State officer assist Kenya elect or select leaders the public. its responsibilities effectively. This ers. It had been proposed that persons suffering a conflict of interest or an based on suitability, personal integrity Bodies such as NSIS, the Kenya clause is an affront on the independ- seeking State Office declare their impairment of judgment. and competence. This requirement is Revenue Authority or the public ence of the Commission and will un- income assets and liabilities to the The CIC Bill contained a far su- found in Chapter Six at Article 73 (2) would have opportunity to submit in- dermine the fight against corruption EACC before taking office so as to en- perior clause on gainful employment. (a) which states that the guiding prin- formation on the said applicants to the and quest for integrity and ethics. sure such persons were in compliance Clause 26 (1) stated that a full-time ciples of leadership and integrity are EACC. The EACC would then ob- Any commissioner investigating with Chapter Six, Article 99(1)(b) and State officer shall not participate in a) selection on the basis of person- jectively verify such information and a corruption claim may find his name 193(1)(b) of the Constitution. These any other gainful employment. al integrity, competence and suitability, determine whether such persons are forwarded to the Cabinet Secretary provisions were to the effect that per- In this section, gainful employ- or election in free and fair elections; potentially able or unable to comply under this Act for an apparent viola- sons seeking State office should meet ment means work a person can pursue The Cabinet Bill was expected to with Chapter Six requirements. tion of Chapter Six. This may there- financial probity, ethical and moral and perform for money or other form establish mechanisms that fulfill this A Certificate of Compliance proc- fore result in parallel processes where requirements. of compensation or remuneration, requirement. The CIC Bill sought to ess should be established to allow vet- the Commission is investigating a The CIC Bill therefore sought to whether on full time or part-time ba- fulfill Article 73(2)(a) requirements ting of any person seeking election or crime or a breach of the Constitution appointment to State office. establish a mechanism to allow any sis, which is inherently incompatible by establishing a Certificate of Com- while the Commissioner is under in- persons seeking State office to open with the responsibilities of the State The Cabinet Bill provides at vestigation in relation to the same pliance with Chapter Six mechanism.. clause 52 for a mechanism aimed at themselves to scrutiny and ensure fi- office or as a result of participating in This mechanism as proposed by the action. This clause should either be disciplining errant members of the deleted or strengthened to enable any nancial integrity. The Cabinet Bill has such employment results in the State CIC required the EACC to issue a EACC whenever disciplinary ques- done away with these provisions and officer suffering an impairment of Certificate of Compliance to any per- clearly outline the alleged violation, tion not of a serious nature arises. This relevant evidence and possibility of a thereby lowering standards for those judgment or a conflict of interest son who is deemed complaint with mechanism allows for any person of hefty fine on the complainant if their seeking State office contrary to public The Cabinet Bill clause 26 is there- Chapter Six of the Constitution. the view that a commissioner of the expectations and the letter and spirit of fore in contravention of the letter and compliant is found to be baseless or an To achieve such a feat it was ex- EACC has committed a violation of abuse of the process. Chapter Six of the Constitution. spirit of Article 77(1) of the Constitu- pected that any person seeking of- Chapter Six report the matter to the This clause should be urgently and Although clause 26 (2) (a) of the tion. The Bill also fails to provide pro- fice would apply to the EACC for a Cabinet Secretary responsible for in- Cabinet Bill states that a full-time seriously reconsidered. The Bill lacks cedures to elect or select leaders based Compliance Certificate. The EACC tegrity matters by way of petition. The disciplinary procedure for breach of State officer shall not participate in on personal integrity, competence and would then publish the names of all Cabinet Secretary can then form an Chapter Six . Clause 40 on Breach any other gainful employment, it ex- suitability persons seeking State office and re- Independent Review Panel made up of the Code fails to provide a disci- empts directorship in a private com- The Constitution mandates Parlia- quest information on their past record of a selection of 5 state officers drawn plinary process following a breach of pany; any investment in a business the Act or Chapter Six of the Consti- undertaking or corporate body which tution. It provides that a State officer does not require active participation who breaches the Code shall face re- of the State officer in the operations of moval or disciplinary procedures as the business undertaking or corporate laid down in the Constitution or any body; or any work which is not cov- other law. If you take Independent Of- ered by the employment Act fices the removal process is only as This proposed clause potentially per Article 251 for serious violation. allows for other gainful employment The Cabinet Bill should have sought in contravention of the Constitution. to provide for disciplinary process for This thus gives relief to any per- minor violations or violations that are son who plans to undertake gainful not of a serious nature but which still employment and State officers can breach Chapter Six. now seek gainful employment using In the CIC Bill this clause pro- private companies. All a State officer posed that following a breach of the now has to do is carry out employ- Code the Ethics and Anti-corruption ment outside their state office through Commission is the organ to prescribe a registered company as director. disciplinary mechanism and ensure Secondly the clause does not at- that disciplinary procedures are under- tempt to deal with the real problems taken by the relevant public entity fail- that motivated Kenyans to seek ban- ing which the Commission can move ishment of gainful employment. It to Court to compel such body to carry was expected that any other form of Charles Nyachae: Chairman, CIC in a past function. out those disciplinary procedures. Mutunga thinks out of the box to decongest courts From page 1 justice, stressing that it was their con- law court but failed to report, creating Mwenze says land disputes remain an stated Mwenze, adding the same case stitutional right to get justice. a shortage of Judges, leading to the explosive issue in Gusii community, applied to other family properties like justice. He rooted for peaceful, free and backlog of cases. adding that some custodians of title rental houses, vehicles and other mov- Speaking at the Kisii Main Prison fair General Election to avoid a repeat They petitioned the Judiciary to deeds collude with Land officers to able properties. after meeting members of the La w of the 2007/08 Post Election Violence set up Resident Magistrate courts in sell family land fueling conflicts. He said some family members Society of Kenya (LSK) and Judicial (PEV) which left 1333 people dead, Keyian in Transmara, Nyamarambe, Mwenze notes that some dishonest have been evicted by strangers who staff, the CJ directed the Officer in- over 500, 000 displaced and proper- Manga, Marani, Sondu and Mbita to family members sell the land secretly claim to have bought the land from charge, Mohamed Siomi and Judges ties worth billions destroyed. enhance delivery of justice, adding only for other siblings to realize later them, leading to injurious and fatal to free petty offenders to help decon- The striking lawyers, who present- that the Kisii high court handles cas- after private developers evict them to clashes. gest the facility. ed a memorandum to the CJ vowed es from Migori, Kisii, and develop the land. The DCIO challenged private His remarks comes in the wake to continue with the strike until the counties. The DCIO said some children col- developers to be wary of fraudsters of a month long strike by High court judiciary addressed their plight, say- The lawyers at the same time lude with unscrupulous lawyers to out to con them of their hard earned lawyers who protested at the sluggish ing they were willing to be patient for urged the government to set up an draw up agreements to validate the money, stressing they should demand pace that judges were taking to dis- three more months. Industrial court in Kisii or to sale of family land without verifying for original documents and involve pense cases . Kisii LSK Chapter’s chairman, reduce costs incurred by litigants who its status, attracting the ire of other family members, relatives and grass- The lawyers, petitioned Mutunga Momanyi Aunga accused judges in have to travel all the way to to siblings. He said the same children root leaders in the transaction to avoid to replace the Judges as remandees the area of dragging cases for too long seek justice. use fake documents to dupe land of- being conned. had gone on a two week hunger strike and cited delays in giving rulings on They also want the facilities of the ficers to issue Title Deeds, creating The Officer asked clan elders and to protest at the slow pace in which matters dating back to July 2011. Kisii law courts to be expanded and more problems between land buyers chiefs to ensure that buyers and sell- their cases were being handled. “We need competent judges who improved, adding that there are only and family members. ers of land in their localities transacted Mutunga promised to post more can clear the backlog of cases pending four court rooms being used by Judg- Majority of rural residents, noted their businesses openly with the bless- Judges to Kisii High court to clear in Kisii high court,” said Aunga who es and magistrates, which they note Mwenze were ignorant on the law of ings of family members and be willing over 1000 cases and about 400 rulings was flanked by the LSK’s branch Sec- are overstretched and overwhelmed, succession, stressing that once parents to intervene should disputes arise. and disclosed that that those who have retary, Gideon Nyambati and several hampering delivery of justice. or guardians die, trustees collude with “We want the chiefs to help arbi- been in remand for over 10 years will other lawyers. Meanwhile residents of Kisii some provincial administrators and trate land cases amicably to ensure be given priority when the Judiciary In their memorandum, the advo- County have been challenged to pe- relatives to dispose family land with families are united and peaceful after deploys more Judges nationally. cates called on the CJ to post three riodically visit the Ministry of Lands impunity. cases are resolved. The chief justice, who also ad- more judges to handle the Environ- Registry to know the status their land “They use the original documents The Officer implored aging parents dressed members of the public and ment and Land Division of the High and curb protracted court battles. in their possession to make fake ones to write wills to help family members litigants at Kisii law Courts warned Court and replace Justice Hedwig Kisii Central District Criminal In- which they use to sell and resell the share the properties based on the will them against bribing court officials for Ongudi who was deployed to the Kisii vestigation Officer( DCIO), Michael land to various private developers,” to avoid disputes after they have died. The Link, September 2012 EDUCATION 3 JAB moves to clear student Mathira CDF refutes claims backlog By TITUS MAERO A TOTAL of 1,450 students selected of ignoring derelict school to join the Masinde Muliro Uni- versity of Science and Technology By JOSEPH MUKUBWA brary which is a barrier to effec- by Nairobi businessman Rigathi the ministry’s budget ended up (MMUST) have started reporting to tive teaching and learning. Gachagua regretted that the footing the wage bill for teach- meet the strict deadline imposed by Devel- “Lack of power supply hin- school had sunk to a state of dis- ers,” said Gachagua. the management. opment Fund (CDF) committee ders us from participating in repair saying that it was not con- The school’s head teacher The students picked to join the has defended itself from accusa- activities that require mod- ducive for learning anymore and said that the institution requires -based institution by the tions that it had refused to fund Joint Admission Board (JAB) were ern technological approach to therefore needed urgent facelift. Ksh 5 million to renovate the di- received by the Deputy Vice Chan- worn out Kabiru-ini Primary present day solutions to effective “The improvement of schools’ lapidated classrooms that have cellor in Charge of Finance and Ad- School. teaching and learning for the 436 infrastructure should not be left leaking roofs and earthen floors ministration Professor Sibilike Ma- A local committee member pupils in the school,” lamented alone to the Ministry of Educa- as well as complete others that khanu and the Academic Registrar Mwai Ihatu who is also a close Rubua. tion but community members stalled midway more than a dec- Mr Mabonga. ally of Mathira MP Ephraim Rubua who was accompanied should chip in since the bulk of ade ago. Unlike the previous years when Maina dismissed the allegations the students could wait for several as cheap politics. years before joining the university, He said the former CDF com- under the new programme students mittee also ignored the school have reported one year earlier to clear and did not fund it and thus the the backlog of students awaiting ad- mission. reason why it looks more dilapi- MMUST, being the youngest dated. public university in the country, of- Speaking in town re- fers mainly Arts-oriented subjects not cently, Mwai said the school has only for Degree but also for Diploma been able to benefit from Ksh and Certificate courses. The students 300,000 which is a lot of money admitted at MMUST are part of the compared to allocations given to 41,879 who were selected by JAB the 130 schools in the Mathira to join the seven public universities constituency. under “enhanced programme” to “The local community and shorten the period students have been waiting to join the university. even aspiring leaders should not The delay in the admission of stu- bring politics in schools. The sit- dents to the public universities was ting MP has done much even us- occasioned by the frequent closure of ing his own pocket money. We the institutions owing to strikes which are not ignoring any part of con- affected their academic calendar. stituency,” added the committee A total of 119,858 students at- member. tained a minimum grade of C+ (plus) He said the school has also making them eligible for admission to been earmarked to receive ad- the country’s public universities. This ditional funds from the CDF to was an increase of 22,524 candidates from the 97,134 who attained the pave way for immediate renova- score in 2010, which was an improve- tions of old classrooms. ment of 20 per cent. Meanwhile, The school’s head teacher Masinde Muliro University of Sci- Josphat Kahia Rubua had com- ence and Technology (MMUST) has plained that the school’s physi- established an academic exchange cal structures are in a dilapidated program with the National Taiwan Pupils of Kabiru-ini Primary School in Mathira West district quench their thirst outside the dilapidated University of Science and Technol- state and lacks an equipped li- Photo/Joseph Mukubwa classrooms. ogy (NTUST). Under the partnership, faculty members and students of the two institutions will undertake joint re- UASU raps state over falling varsity funding search activities and participation in international conferences. Speak- ing at MMUST in Kakamega, the By BOB OMBATI important to boost the morale of the employees and standards of living, NTUST Project Exchange Office Dr THE chairman of Universities Aca- adding that the union’s role was to Kuan Ling Ho said the rapid expan- sion of education in Kenya calls for demic Staff Union (UASU) Prof. ensure proper working conditions Sammy Kubasu wants the govern- exit route for extra students to Univer- for the employees. sities in other countries. ment to increase funding to public The chairman challenged the Ling Ho said his University is universities to boost their research, teaching staff to uphold high moral, committed to forging partnerships innovation and operations. ethical and professional standards aimed at optimizing and sustaining Kubasu says the dwindling fund- as the union will not defend rogue knowledge internationally to address ing to universities is hampering lecturers. challenges that relate to science, tech- research by students and lecturers, He cautioned lecturers against nology and innovation issues. thus undermining the goals of the engaging in sex for grades, stressing He said the partnership would also much hyped vision 2030. it was unethical, unprofessional and help researchers and students access critical resources required for scientif- Addressing Kisii University compromised the quality of educa- College (KUC) staff after signing ic research, teaching, innovation and tion for the favoured students. enable both institutions come up with the Branch Collective Bargaining “Sex for marks robs the affected viable solutions afflicting the sector. Agreement (CBA) between the students their fair academic rights. It Ling Ho said most universities in institution and the Union, he chal- is immoral and illegal,” stated Ku- developing countries lack capacity to lenged managers of the universities basu. KUC’ Principal, John Akama identify models of Science, Technolo- to aggressively raise funds locally to who signed the CBA on behalf of gy and Innovation systems tailored to honor the agreement. the university urged parents and Prof. Sammy Kubasu, UASU chairman suit their social and economic needs He lauded the union Kisii chap- in order to promote scientific technol- guardians to pay fees to enable the He noted that the management union to be patient and give us time ter officials- Mactosh Onwong’a, university meet its financial obliga- ogy. was ready to engage the union offi- to raise the funds to pay the allow- In his remarks, the MMUST Dep- Secretary general and Henry Mora- tions. ra, chairman for the successful ne- cials in dialogue to resolve conflicts ances agreed on,” observed Akama. uty Vice Chancellor (DVC) in Charge Akama, flanked by his Deputy, related to allowances and working The Agreement, noted the Prin- of Finance and Administration Pro- gotiation, noting it would enhance Administration and Finance, Prof. fessor Sibilike Makhanu said section the working relationship between conditions and urged the unionists cipal was the first to be signed be- Joseph Mailutha noted that some to fully understand the university tween the university and the union, 4 (1) of the MMUST Act lists one of the KUC’s management and the un- students owed the university mil- the functions and objectives of the ion’s members. operations to promote a good work- adding that he was optimistic the lions of shillings in fees arrears ing relationship. institution will generate adequate University as provision of collabora- Kubasu noted the harmonization which he said had hampered its tion with other institutions of Higher of allowances for her members was “The management will try to funds to honor it to avoid unneces- learning. smooth operations. honor the Agreement. We want the sary strikes. The Link, September 2012 4 EDUCATION Yes to free education but are the children learning? CCORDING to Mo- In Dakar Senegal at the turn of the century, ministers of education committed to hamed Elmi, the Min- COMMENT ister of State for De- ensure that by 2015 all children will have access to free and compulsory primary A education. They also promised to improve quality of education and ensure excellence velopment of Northern Kenya By MALACHI MOTANO and other Arid Lands, “We so that measurable outcomes are achieved, especially in literacy, numeracy, and es- have ministry of schools and sential life skills. Despite the significant achievements Kenya has made in the sector not ministry of education. We from socioeconomically disad- evaluate education primarily in vantaged households perform leading to increased enrolment in both primary and secondary schools, there is a terms of what we put into it – worse on all tests at all ages growing concern that children are in school but are not learning. the number of schools, teachers and students in non-government and the number of children we schools perform better than pu- have managed to enroll- with- pils in government schools in all out also looking at what the sys- three countries. tem delivers in terms of quality According to Dr Sara Ruto, and learning” Regional Manager of Uwezo The Minister who was East Africa, “Despite significant speaking at the launch of UWE- gains in expanding access to pri- ZO 2012 report at the Kenya In- mary schooling, actual literacy stitute of education blames the and numeracy outcomes remain government for using erroneous significantly deficient across the indicators to monitor progress region.’ made in learning. “However, while all the “While access to education three countries do poorly, Ken- has been expanded, the quality yan children do relatively better of education has stagnated and than their counterparts in Tan- may in fact have deteriorated zania and Uganda on all tests. further. This is in contrast to Ugandan children performed statistics on school enrolment, the worst, but overtake Tanza- as publicly available data on nian students by the time they learning outcomes such as basic reach Standard 7. Children from literacy and numeracy compe- low-income households perform tencies are rarely available.” the worst in all three countries The report that was con- and students in private schools ducted in Kenya, Uganda and do better than those in public Tanzania indicates that more schools” than two out of every three pu- According to the Minister, pils enrolled at Standard 3 level the Pastoral communities in the in East Africa fail to pass basic three countries will remain af- tests in English, Kiswahili or fected adding that in Kenya the numeracy set at the Standard government has not recognized 2 level and the improvements that pastoralist and other remote in basic literacy and numeracy rural areas are different in Na- occur only slowly as children ture and therefore require differ- progress through the educa- ent approach. tion system, implying that the “These areas share the his- quality of learning remains low tory of under-development and throughout primary school. marginalization, such that even Mr. Mohamed Elmi, Minister of State for Development of Northern Kenya It also indicates that there basic investment in government are large differences in average services has not been adequate. test scores between countries in In the last national exams, the East Africa. While overall levels ten worst performing districts are low, Kenyan pupils perform were all in the pastoralist north Butula MP roots for girls’ education best in literacy and numeracy. However, despite the discour- Ugandan children perform worst aging results, there is also cause By AGGREY BUCHUNJU “Girl child education in Busia “Once the problems are mapped in the lower levels but slowly to be hopeful. Since the first Uw- County is wanting and it is now then as leaders we will look for ways overtake Tanzanian children and ezo results were released, public A LAW maker in now time leaders and other stakeholders of tackling them,” the MP said. outperform them from Standard debate has shifted to focus on wants education stakeholders to put sought for urgent solutions to the The MP at the same time also 6 onwards; there are significant quality and learning outcomes in place proper mechanisms that can problem,” he says. challenged girls in the county to differences in average test scores rather than educational inputs. assist to improve girl child educa- Speaking at Bukhalire second- take their studies seriously saying ary school in his constituency re- that they also have a big role to play among districts within East Afri- Additionally, experiments on in- tion in the region. Butula Member of Parliament cently Odhiambo appealed to prin- in the improvement of academic can countries, with large dispari- novations in learning are taking (MP) Mr. Alfred Odhiambo notes cipals heading girl schools in Busia standards in the region. ties in all three countries. place around the globe and can with regrets that girls in Busia Coun- County to assist identify issues that Noting that learning environ- Still in the report, there are inform reforms in East Africa. ty continue to perform poorly in na- affect girl child education. ment in public boys and girls sec- minimal differences in test The assessment tested nearly tional exams as compared to boys. Odhiambo observed that once ondary schools in the region is scores between boys and girls: 350,000 children in 150,000 Odhiambo asks leaders and the problems are identified and similar, the legislator wondered why gender disparities do not ap- households across the three other education stakeholders in the packaged then it will be easier for girls still trail boys in performance. pear to be significant in the early countries, representing the larg- county to come up with suggestions leaders and other stakeholders in “Let our girls also pull up their years of education, the poor do est annual data collection effort aimed at improving the perform- the education sector to address socks and compete with boys since worse everywhere; children in education on the continent. ance of girl child in national exams. them. the playground is level” he said. School administrator’s cautioned on misuse of funds By TITUS MAERO school resources to use the same for BOGs to manage school programmes greatly determines the performance of He also asked parents to work in intended purposes. in line with the stipulated government the students in the Kenya Certificate consultation with School Commit- THE Ministry of Education Senior He said to manage the funds well, regulations. of Primary Education (KCPE) and the tees and Boards to ensure that chil- Deputy Director, Mr Herbert Abdi, the SMCs and the BOGs had been “It is important that you safeguard Kenya Certificate of Secondary Edu- dren attended classes so that they can has appealed to School Management empowered through Kenya Edu- government investments and ensure cation (KCSE) exams. perform well in their national exams Committees (SMCs) and Board of cation Sector Support Programme that the resources provided are used Abdi said in this era of technology to enable them participate in nation Governors (BOGs) to exercise pru- (KESSP) with the requisite knowl- for the benefit of the students and in teachers no longer have the monopoly building. dent management of school funds. edge on important aspects of school uplifting education standards in both of knowledge and told them that if He stressed the importance of Abdi said provision of education management. primary and secondary schools. they are not proactive they might be education day saying that it gives the was an expensive venture and there- Speaking at the Kakamega High He also reminded teachers that rendered irrelevant as students em- education stakeholders an opportunity fore urged the respective committees School ground in , they are key facilitators in the aca- brace Information Communication to reflect on the progress made in edu- entrusted with the management of the official directed the SMCs and the demic field noting that their output Technology (ICT). cation in the region. The Link, September 2012 EDUCATION 5 KUPPET pokes Mercy’s holes in TSC Bill Uphold directive on tuition relentless quest By TITUS MAERO for education THE Kenya Union of Post Primary ban, school heads told Education (KUPPET) has faulted must not be the Teachers Service Commission By NYAKWAR ODAWO same time urged parents to take “Let the children enjoy their (TSC) Bill citing the inclusion of advantage of both the Free Prima- holidays regardless of whether the dimmed due to punitive clauses targeting teachers. THE government has once again ry and secondary education pro- school is public or private, tuition The KUPPET National Chair- told teachers to comply with the grammes and enroll their children is illegal,” said. poverty man, Mr. Omboko Milemba, said Ministry of Education directive in schools stressing that education He said that in the proposed the gazetted document fails to take that has banned holiday tuition to is a basic requirement that will education bill, issues of repetition By BEKADZO TONDO give school children the opportu- ensure availability of adequate hu- and expulsion will be a thing of into account representations made nity to relax. man resource. the past, adding that the ministry DESPITE having lost both her par- by stakeholders through petitions Addressing parents, teachers, “It is your obligation as par- of education is in the process of ents while she was still young, Mercy and memoranda and as such did school children and other educa- ents to support the government finalizing the new policy frame- Kenga’s quest for higher and quality not reflect aspirations espoused tion stakeholders during the Busia in its effort to ensure our children work aimed at aligning education education is unrelenting. by the Commission for the Im- District Education Day celebra- are provided with quality edu- to the new constitution. Unlike her peers who dropped out plementation of the Constitution tions held at Lwanya Girls Sec- cation,’ said Godia, adding that He added that Early Childhood of school midway, Mercy has contin- (CIC). many children had been dropping Education will also start receiving ued with her education despite the fact ondary School recently, Acting that she is faced with the possibility of Milemba said the bill seriously Education Permanent Secretary out of school due to economic funding from the government just contravened the constitution not- dropping out of school due to lack of Professor George Godia cautioned hardships hence the move by the like the free day secondary and fees. ing that some clauses were missing school heads against defying the government to introduce free pri- Free Primary Education. Mary who is a student at Bahari while others have been included to directive saying teachers have mary education. “We have put in place mecha- girls, a national school in Coun- water down provisions contained commercialized tuition under the “Since the introduction of the nisms to review the total financing ty, has been unable to raise her fees. in the original document. pretext that they want to improve free primary education programme of the free primary and free day Initially, her aunt who is a local “The TSC bill does not have on performance at the expense of in 2003, the government has spent secondary education.” tailor volunteered to take up the bur- the teachers appeal tribunal de- majority of parents who are unable a total of Ksh78billion to facilitate Accompanied by the former den of educating her though with a lot spite the fact that it empowers the to afford. the programme,” he said. Attorney General Amos Wako and of difficulties. In the admission letter commission to discipline teachers “Tuition ban should not be tak- Godia said parents should en- the Busia County directors of edu- apart from buying the other personal without representation from the en for granted. School children re- sure children have maximum time cation, the acting PS advised pu- effects, she was required to pay over teachers union,” he noted adding quire adequate time to relax so that to enjoy their holidays by refusing pils and students to concentrate on Kshs 50,000 as fees. the directive is followed to the let- to pay any tuition fee, adding that their studies when schools reopen “My Aunt only managed to pay that if passed in its current state, Ksh 15,000 leaving behind a balance the bill would have adverse impli- ter,” said Godia, adding that defi- extra teaching violates children and embrace discipline to register ance would be lead to stern action. rights as enshrined in the constitu- better results in national examina- of Ksh. 35, 000,” said Mercy adding cation on teachers. The education acting PS at the tion. tions. that this prompted her to seek assist- The official said workshops are ance at the government offices where being conducted countrywide to she is hopeful that she will get support. sensitize members of the union on The D.O Florence Sitawa however areas of concern in the Bill adding only expressed her sympathy and ap- that attempts to muzzle teachers pealed to well-wishers to chip in and through the back door would be assist her. resisted at all costs. “This girl came into my office this morning and said she had a problem “The Bill gives too much pow- with school fees and is need of assist- er to the TSC at the expense of the ance,” said Mrs. Sitawa. teacher. If this translates into law, Mercy who says she is the third it will negatively affect teachers in born in her family managed to join the future,” he added. school due to the support of her moth- Milemba said that key terms in ers’ young sister who has so far paid the Bill are mischievous and need only Ksh 15,000 and she is required to to be sorted out for clarity to avoid pay over Ksh 50,000 for the first year. creating a foundation where mis- She said when her parents died understanding can thrive within they left some cows which she said were all sold off to support her elder the teaching profession. siblings in school. He pointed out that among She however said one of her broth- them include the already gazet- ers had dropped out of school since ted Education Bill, TIVET Bill, the beginning of this year due to none The Kenya National Examination payment of school fees. Council (KNEC) Bill, The Univer- “My brother who is now in Form sity Bill among others. three is not going to school because Meanwhile, Milemba disclosed my aunt who is also paying for his that the Union has issued an ulti- school fees has been unable to clear matum to the government to har- his school fees balance,” said the girl. The girl later agreed to leave the monize teacher’s salaries, housing office after the administrator promised and commuter allowances to avert to connect her with the children office an imminent strike. Acting Education Permanent Secretary Professor George Godia to help her get some sponsors. Leaders urged to rescue school from closer

By AGGREY BUCHUNJU the walls have since not been (SMC) chair Mr. Gabriel Masika two new classrooms. from the emergency vote head plastered let alone concreting the appealed for well-wishers sup- He however, points out that in order to bail out the institu- ONE of the oldest primary floor. port to avoid disruption of learn- the amount is not enough to sal- tion from imminent collapse. schools in Bumula, Bungoma Doors and windows have also ing during the third term. vage the school from its present “What we received from County, may not reopen for not been fitted with shutters for Wekesa notes with regrets that predicament reiterating that oth- CDF is only enough to con- third term lessons if urgent all the years that the school has the school’s 700 pupils may be er well-wishers should chip in, in struct two classrooms and for measures are not taken to sal- been operating as the manage- forced to remain at home when order to save the situation. us to be on the safe side, the vage it. ment lacks adequate funding. other schools reopen for third “I want to thank Bumula CDFC should allocate us more Muanda Primary School has Failure to plaster the walls for term if the school does not re- CDFC for the support and at the funds from the emergency vote been condemned and declared several decades made the struc- ceive enough funds to construct same time also want to appeal to head” he says. unfit for human habitation by ture to develop holes and cracks adequate decent classrooms. charitable organizations to chip The duo was speaking to the Public Health Officer (PHO) that are now posing danger to The head teacher acknowl- in’, says the head teacher. The Kink in Bungoma town because its six classrooms are both learners and teachers. edges that Bumula constituency The School Management recently immediately after the in a state of dilapidation. The school head teacher Mr. development fund committee Committee chair on his part ap- school had been ordered to The six classrooms were Constantine Wekesa and the (CDFC) recently allocated the peals to the Bumula CDFC to shut down due to dangerous built in 1965 using stones and School Management Committee school Ksh. 700,000 to put up allocate the school more funds structures. The Link, September 2012 6 GOVERNANCE

By HENRY OWINO

THE Independent Electoral and Boundary Commission (IEBC) has IEBC under spotlight again come under scrutiny yet again fol- lowing announcements that all aspir- ing candidates will pay substantive amounts of money before the com- mission clears them for contest for over cash for nomination respective seats. The proposed nomination aspir- quire from them. are not drug barons or land grabbers we intend to represent our people,” office. She revealed the difference be- ants’ fee by IEBC has elicited mixed The aspirants new charges pro- who have amassed too much wealth. urged Zainab. ing this time round it is slightly higher reactions both from sitting and aspir- posed are as follows; to contest for Are these seats only for the rich? However ,Lilian Mahiri-Zaja, compared to previous years. ing politicians. The charges are seen president of the of the Republic of Where are we going to get that kind IEBC deputy chairperson clarified And again many new faces have as a way of blocking potential but Kenya, one is to part with Ksh 1 mil- of money on top of other campaign that the proposed charges by com- come up and are not very familiar poor candidates from standing for lion, Senate, governor /deputy and expenses?” Jane posed. mission for various political offices with some requirements, so the fee elections. women representative, for members She said as the MP aspirant for are yet to be reviewed by parliament may be a little bit scary for them. The first controversial issue with of parliament(MPs) Ksh.250,000 and , she will start before it is finally effected. The deputy chair observed that to IEBC attracted the general public’s county representatives Ksh 50,000. fighting for the rights of Kenyans now Mahiri-Zaja defended the com- some extend it also shows commit- attention when it declared the next Jane wondered whether in the his- even before her political office dream mission explaining that the fee is not ment from aspirants and thus enables general election to be held on 4th tory of all elections in Kenya, if there comes to pass. meant to bar/block any aspirants from the commission to facilitate election March 2013.This provoked uproar has been ever any requirement for According to Zainab Chidzuga, contesting for any elective political logistics promptly. amongst the aspirants and their sup- such amount of money to be paid to an aspirant Women Representative, office. She clarified that contesting for Mahiri -Zaja made the remarks at porters, who desired for December, the government. She said most wom- County, said the high fee pro- a seat, is a right for any Kenyan citi- UN-Women conference held at a ho- 2012. en cannot afford such kind of money posed is a scheme by IEBC to delay zen as stipulated in the Constitution. tel in Nairobi to Kenyan women as- The polling date disputes were and for the youth is completely catas- elections in Kenya. She explained by Adding that the problem may how it pirants and leaders. The IEBC deputy later settled down by the Court of Ap- trophe considering majority are un- creating the controversial regulation has been hiked compared to previous chairperson said the proposed charges peal on 31st July 2012 when it backed employed. might lead Kenyans going to court, election years. are yet to be scrutinized by legisla- up the initial IEBC date schedule. Jane reiterated that women are thereby holding the election at ran- “Any Kenyan is free to vie for tures in parliament. The second and very controversial struggling to see how they can achieve som. any seat he/she wishes as long as they She assured aspirants that with issue was on the method to be em- the one-third quota in leadership yet Zainab doubted whether there is meet the minimum requirements of the nature of parliamentarians, it be ployed for voters’ registration that had the IEBC is defeating the same Con- affirmative action in the constitution the political offices they aspire for slashed or shot down. She said ones questionable concerns on the process stitution that recommends the require- and said if there is then she urged leadership. We cannot block any as- it is approved or necessary changes used to procure the equipments. The ment. She dismissed the commission IEBC to stop harassing women and pirant as you know parliament will made by the MPs, aspirants would matter brewed tension in the coun- as an institution which has lost its the youth of Kenya with shocking have final say over the fee,” explained have no otherwise but to pay up or try attracting international commu- mandate and wants to make profit by regulations. Mahiri-Zaja. disqualified from running. nity which intervened and assured exploiting poor Kenyans. “We want laws that bring equality. Mahiri-Zaja however, reminded The IEBC deputy chairlady urged the country for support to acquire “Women are often disenfran- Give us that space by scrapping these the aspirants the charges have been the aspirants to remain calm as there Biometric Voter Register (BVR) ma- chised because we lack resources, fees to be paid to the government. We there even in the past elections for is still room for negotiations and chine. that is money to be precise, and we are not jokers as IEBC may think but any candidates running for political no cause of alarm for the proposed The commission had settled for charges as per then. “Moreover, what- manual voter registration system that ever figures the commission came up saw the 2007 general elections turn with must to go through parliament chaotic culminating to skirmishes in for approval,” she reminded the as- 2008 popularly known as post elec- pirants. Adding that after lawmakers tion violence (PEV) to citizens. give it green light, IEBC and aspirants Women political leaders and as- will have no option but to abide by it. pirants, who gathered at a Safari “Let me assure aspirants who are Park hotel to deliberate on how the here that all is still not lost as parlia- one-third quota is to be achieved, dis- ment has to approve the proposed missed the IEBC proposal terming it amount of money for all candidates as hefty charges on women aspirants. category including Women Repre- The women said the high fee is a sentative. So, whatever amount they plot hatched by IEBC to block sev- come up with, the commission will eral aspirants especially women and have no otherwise but to buy it,” Ma- youth from contesting thus trampling hiri-Zaja assured the aspirants. on their freedom to exercise election Prof Nzomo also appealed to the rights. IEBC to re-consider the amount of The women aspirants mentioned money they have proposed for wom- that Chapter 4, Article 38(3) (C) of the en representatives since majority are Constitution, provides for every adult house-wives without jobs and would citizen right without any restrictions want to try their luck in politics. on the enjoyment of those elective She said in Uganda the fee rights for women, youth and Kenyans charged is just one hundred US dol- at large. lars questioning the criteria and mo- In a statement issued at press con- tive IEBC have to Kenyan aspirants. ference and read by Jane Njiru, they “We have several elective seats at one said all Kenyan women are interested time IEBC should not create a sce- in elective political offices but were nario where electorates will question shocked by the regulations that IEBC their credibility this early,” advised has created. Pro Nzomo. They said it is an exorbitant fee She suggested that money should to the poor women aspirants to af- not be the last option of barring poten- ford that kind of money let alone the tial candidates to exercise their consti- amount campaign logistics would re- Aggravated women aspirants on IEBC proposed nomination fees. Photo/Henry Owino tutional rights and to lead people. Plans underway to open prison for girls in Nairobi By TITUS MAERO said notice of intent has already been stitutions have been very instrumental end of the year, all Borstal Institutions opportunity to be listened to because filed at the High Court as required by in the behavioural change of children in the country will receive a new set it is their constitutional right. We shall THE Prisons Department has final- law, to direct the lower courts to start and setting one for the Girls will assist of uniforms that would include long not depend on the reports from the ized plans to open a Borstal Institution sending the juvenile girls to the insti- in rehabilitating them so as to be ac- trousers, shirts, sweaters and shoes so Prisons Department only since it tends for Girls in . tution as soon as it is launched. cepted in the society. as to make the children comfortable in to be biased if the child is not heard,” The Commissioner of Prisons Mr Ministry of Home Affairs Per- “Reports indicate that there has line with the new constitution. added the PS. Isaiah Ougo said once the institution manent Secretary (PS) Mr Ludeki been marked improvement in the serv- He asked the Board of the Borstal He further said that the Vice is opened it will admit juvenile girls Chweya, said that he is very happy ice delivery of the prisons department Institutions to initiate face to face talks President Mr Kalonzo Musyoka has for the first time in the history of the with the progress being made by the as cases of human rights violations with the children to understand them launched human rights training pro- country as part of the ongoing reforms Prisons Department adding that the have been minimized. Mishandling and to get the right to express them- gramme in all prisons to ensure that in the Prisons Department. government is committed to total re- of children in the Borstal Institution is selves as stipulated in the new consti- the officers are kept abreast with hu- Speaking at Shikusa Borstal Insti- forms in the institution. now a thing of the past,” said Chweya. tution. man rights issues that keep on emerg- tution in Kakamega County, Osugo Chweya added that the Borstal In- The PS also revealed that by the “The children will also be given an ing. The Link, September 2012 GOVERNANCE 7

Conmen on Local government empowered the prowl By LINK CORRESPONDENT in search of THE Ministry of Local Government Permanent Secretary (PS) Professor to lead devolution Karega Mutahi said county govern- prey in Embu ments will be empowered to provide fer Fund (LATF) and other central better services to the people. government fiscal transfers. By PETER MUTUKU The official disclosed that to Mutahi pointed out that the gov- WOMEN groups in Embu West ernment has picked on the Ministry date, Local Authorities countrywide had received over Ksh57.4 billion District have been cautioned of Local Government to spearhead against conmen seeking to de- the devolution process, which he through LATF adding that under the new constitutional dispensation fraud them. said, was the cardinal innovation un- The warning comes in the der the country’s constitution. county governments will now man- The PS noted that devolution of age much more resources since at wake of an incident where a power marks a major shift from the least 15 per cent of all revenue col- self-help group in Gatituri area contemporary scenario where all re- lected by the central government will lost Ksh4, 000 to fraudsters. sources were disbursed from the cen- go to the 47 counties. Area acting DC Daniel Obu- tre to the counties which guarantee He directed all Local Authorities do said several women groups full citizen participation. to expeditiously lay a foundation for and Children’s Homes in the He observed that in the new dis- a better future by ensuring that their area have been conned of un- pensation emphasis is placed on serv- projects are viable and their houses known amounts of cash. ice delivery and citizen participation are put in order before the counties “We have received reports and stressed that the Local Authori- come into operation. that a gang has been going round ties should be ready for change if the The PS noted that the Sessional asking for money to register objective of the new constitution is to Paper on Devolved Government women groups and orphans,” he be realized. under the new constitution lays the said. Speaking in Kakamega during the policy foundation and pillars for its He noted that the group is closure of the Kenya Inter- Munici- implementation. He further said the swindling the women and or- document outlines policy framework palities Sports and Cultural Associa- phans under the pretext that tion (KIMSCA) Games, the PS urged and provides the needed legislation and administrative actions to imple- it has valid registration docu- Kenyans to be champions of change ments. if the objectives of the new constitu- ment the devolved government. The PS disclosed that the Ministry The gang said to be from tion are to be achieved. is visiting women groups “Under the new political dis- of Local Government had revised its pensation the environment in which service charter to enable it realize its and children homes to solicit for the Local Authorities operate would mandate under the new constitution registration fee which will en- practically change through the de- and Vision 2030. He said that the new able them get sponsorship from volved system,” he said adding that charter is a major shift from the one donors. Civic bodies also have an obligation established in the year 2009. The administrator said the to ensure that the country attains Vi- Mutahi said the Ministry through fraudsters are led by a woman sion 2030. the service charter has committed it- adding that there could be more Mutahi said that it is encouraging self to enhance public understanding similar groups in the area. to note that the government had since of its new role under the new consti- “These are purely fraudsters 1988 supported Local Authorities tutional dispensation and also to con- and the district intelligence com- tribute through policy interventions. through the Local Authorities Trans- Prof. Karega Mutahi, Local Government PS mittee has launched a manhunt for the culprits,” said Mr Obudo. The gang is demanding be- tween Ksh3, 000 and Ksh4, 000 Doubts emerge over ability of Ganze to meet gender rule depending on the nature of help the women and orphans say they By YUSUF AMIN to come out and fight for leadership elders challenged women to come leadership in held at need. positions in line with constitutional out and seek support for elective Kaloleni. A children home group Kan- RESIDENTS of Ganze Constitu- provisions. posts. The Kaya elders urged men garu in Embu central division ency have expressed fears that they Ms Mboja also advised the wom- Elders from Kayafungo in Ka- leaders to support women who were conned Ksh3, 000 . “Why may not be able to meet the two en to attend civic education forums loleni District led by Mzee Thayari have been in forefront of fighting should they ask for money if thirds gender representation during so that they may get enlightened on Bigohu have promised to support for people’s rights so that they can they are genuinely trying to help the elections as there are no women matters concerning leadership and women candidates during the forth- win seats during the next general the women and vulnerable chil- seeking elective posts in the area. governance as explained in the new coming General Elections. election. dren? We will trap and arrest They lamented that no woman constitution. Bigohu said: “Traditions that bar In Magharini and Kaloleni con- them soon,” said the DC. in the area has shown interest in vy- Cllr Mboja urged residents to women leadership should be aban- stituencies women are already cam- He asked the residents to ing for any elective position in the shun practices that continue to derail doned so that women can be free to paigning for elective post among report the gang activities to rel- area unlike other constituencies in women bid to ascend to leadership. participate in decision making in the them Naomi Cidi and Patience evant authorities to t curb such Kilifi County where women candi- ‘Women should be recognised modern society.” Chome who are vying for senator’s cases saying that the area has re- dates have declared their interests well in the society so that challenges “We should clearly state the qual- seat. Others are the former Gender cently been invaded by conmen. and are already campaigning for the facing them in terms of leadership ities of a good leader and the com- PS Rachael Dzombo who wants to Mr Obudo also cautioned various positions. can be addressed to enable participate munity should not undermine women become the next Kilifi South MP, residents to be wary of bogus Led by a nominated Cllr Grace in development in the area,” she said. who vie for elective posts,” Mzee and Sophie Kombe gunning for Non-Governmental Organisa- Mboja, the residents urged women He spoke as Kaya and village Thayari said during a forum for good Kilifi South seat. tions which purport to have ca- pacity to secure them lucrative jobs adding that majority are By LINK CORRESPONDENT illegal outfits which do not have Kilifi women urged to go for big seats valid registration documents. Women in Kilifi County have been In September last year two challenged to vie for more seats in the The body which brings together want to make sure that all the seats are focus on your agenda am sure you will women and a man were arrested area, including Governor. all women from Kilifi County shall taken by women. We want men to be achieve it and can make good lead- at Gakwegori market after they Speaking during the Kilifi County be used as a campaign tool for the The advisors but the leadership should be ers,” advised Karisa. allegedly obtained money from women caucus meeting recently at body, Kilifi County women caucus, is by the women,” said Sidi. The alliance Among those who have declared 22 youths on the pretext that Kilifi County hall, Muhuri’s Kilifi however run by non aspirants from all brings together women from different to run for political seats include Nao- they could recruit them. County senior human rights officer the seven constituencies in the County. political parties. mi Sidi, Alice Ngetsa, Getrude Bahati They were demanding for Eric Karisa Mgoja challenged the Speaking at the meeting convened However, the alliance may not and Patience Chome who are eyeing between Ksh3, 500 and Ksh18, women to contest for higher seats. to brainstorm on the matter at Kilifi withstand the test of time due to po- the Kilifi County senate seat. 000 pretending they were in a “This is the time for women lead- county hall, the women unanimously litical rivalry and mistrust between the Jumwa karisa, Sophy Kombe and position to secure jobs for the ership. If you can go for the other seats agreed to support each other on their women. The human rights officer who the Kilifi town council chairlady Es- youths with an international why don’t you vie for this seat also?” political ambitions. was the facilitator during the meet- ther Kache are vying for the women NGO. queried Mgoja. According to senate seat hopeful ing warned that the women may not representative position while Mvita They were arrested by detec- Women aspirants however, formed Naomi Sidi, the alliance shall have realise their dreams if political rivalry Kisasa, Rachael Dzombo and Epphy tives after they allegedly conned an umbrella body to push for women only one agenda of making sure most shall be allowed to reign in the alli- Chari are contesting in the parliamen- leadership in all elective positions in seven job seekers at Gakwegori of the political seats in the general ance. tary seats. market following reports from the forthcoming general elections but elections are captured by women and “This is a good venture but women The aspirants were barred from none of them expressed interest in the youths. have always hated one another. If you taking the leadership of the alliance the residents of the group’s ac- governorship. “We have just one agenda. We can put aside all your differences and because of their political parties. tivities. The Link, September 2012 8 EDITORIAL & COMMENTARY The

LinkEnhancing governance for all State must use all means to stop the Tana killings HE senseless orgy of killings in Tana River Delta whose motive is yet to be established denotes a failed Tstate. The government has utterly failed in its con- stitutional mandate to protect the lives of the people and provide security. It is not lost in the minds of Kenyans the events that have characterized the country anytime we are about to head for the general election. In 1992 clashes, hundreds of Ken- yans died and others were ejected from their homes at the height of ethnic clashes sparked by politicians. The preced- ing elections have since witnessed bloodbath with the 2007 COMMENTARY General Elections marking a watershed where more than 1,300 people lost their lives and tens of hundreds of others were maimed, displaced and teir property burnt to ashes by CIC cries fowl over weakening mounding, organized gangs of bloodthirsty bigots. In the latest skirmishes in Tana River pitching two tribes against each other in endless retaliatory attacks, even the se- curity forces have not been spared and have ultimately bore of bills by the Cabinet, MPs the brunt of the heinous crimes. From the look of things, DESPITE working hard to strengthen The Bill, the security agents appear overwhelmed, outsmarted, out- the bills, the Commission for the Imple- COMMENT 2012 seeks to give effect to Article gunned and helpless. The latest attack started at a police mentation of the Constitution, is wor- 239(6), 241, 238 and other relevant Ar- post established at Kilelengwani Primary school in Garsen ried that their work is not being taken By LINK CORRESPONDENT ticles of the Constitution. In additional Constituency before the assailants proceeded to the neigh- seriously by the Cabinet and parliament to other provisions of the Constitution, bouring Kilelengwani village indiscriminately slaughtering that are hell-bent on weakening the bills the aforementioned Bill provides that people, animals and burning houses. for personal aggrandizements. to Articles 95(4), (5) (b) and 96(4) of the Kenya Defence Forces shall respect This calls for outrage as innocent women, children and Lead by the Chairman, Mr. Charles the Constitution, by requiring Parlia- and upholds the Bill of Rights and men with nowhere run to and no one to turn are being sac- Nyachae, the CIC team expressed the ment, through the Joint Parliamentary the values and principles enshrined in rificed due bad politics and weak governance. The forth- same sentiments again in re- Committee on Intelligence, to review the Constitution, in particular, Article coming General Elections have been cited among reasons cently when they engaged members of the administration and expenditure of 238(2) which provides for the princi- for intensified attacks between the Pokomo and Orma com- the relevant parliamentary committees the Service, including the annual finan- ples of national security. in a review of several key security bills cial statements; review any matter in The Bill also provide for transpar- munities. In fact the Orma elders have been cited saying ency and meritocracy in the appoint- that Pokomo politicians were uncomfortable with the unity in preparation for their tabling and de- relation to the Service referred to the bate in parliament. Committee and report the Committee’s ment of the command of the Kenya De- between Ormas and Wardeis as it has made them a formi- fence Forces, including the Chief of the dable force. The bills reviewed at the CIC retreat recommendations to each House of the held in Mombasa include the National Parliament. Kenya Defence Forces, Deputy Chief It is thus not enough for the President to invoke the Pres- of the Kenya Defence Forces or the ervation of Public Security Act. The President must move Intelligence Service Bill, The National The principal object of The National Security Council Bill, and the Kenya Security Council Bill, 2012 is to give three Service Commanders. In the re- with speed and suspend ongoing campaigns until peace is cruitment and appointment of members restored in all parts of the country hit by insecurity. As the Defense Forces Bill, 2012. effect to Article 240 of the Constitution The National Intelligence Service and provide a strong legal framework of the Kenya Defence Forces, the Bill head of state and commander in-chief of the armed forces, obligates the Defence Council to ensure he must take responsibility and play an active role in re- Bill, 2012 seeks to give effect to Arti- for coordination of national security cles 239(6), 242, 238 and other relevant functions. Article 240 of the Constitu- that the provisions of Article 232(1)(i) storing peace in the country. The political posturing that Articles of the Constitution. tion establishes the National Security are respected and upheld. has escalated the mayhem should be investigated to ensure In addition to other provisions of Council which consists of the Presi- The Bill requires the Defence Coun- communities were not incited against each other for selfish the Constitution, the aforementioned dent; Deputy President; Cabinet Sec- cil to develop the criteria for recruit- political mileage. In addition individuals implicated in the Bill provides that the National Intelli- retary responsible for defence; Cabi- ment, promotion and transfers of mem- violence that has claimed nearly 200 lives of people must be gence Service shall respect and uphold net Secretary responsible for foreign bers of Defence Forces in consultation arrested and prosecuted. the Bill of Rights and the values and affairs; Cabinet Secretary responsible with the Public Service Commission. It is also incumbent upon the government to employ a principles enshrined in the Constitu- for internal security; Attorney-General; Clause 42 of the Bill recognizes that all multi-pronged approach to end the skirmishes. The ongo- tion, in particular, Article 238(2) which Chief of Kenya Defence Forces; Direc- persons subject to the Kenya Defence ing security operation must run concurrently with peace provides for the principles of national tor-General of the National Intelligence Forces Act shall enjoy all rights and building efforts. While the government agencies are more security. Service; and Inspector-General of the fundamental freedoms enshrined under focused on disarming the warring communities and sacking The Bill also provides for trans- National Police Service. Chapter Four of the Constitution. Members of KDF as Kenyans are chiefs, residents are busy taking oaths with allegations rife parency and meritocracy in the ap- Amongst other functions, which pointment of the Director-General and the Council may perform as may be entitled to all human rights as other that farmers in the Tana Delta have taken oaths to defend Kenyans unless they are limited by their respective communities by any means. Mr. President, members of the Service. Additionally, prescribed by national legislation, the the Bill requires that in the appoint- Council shall exercise supervisory con- law in accordance with article 24. The stop this mayhem and restore Kenya’s dignity as a land of Bill obligates both the Kenya Defence peace and security! ing of the members of the Service, the trol over national security organs. Addi- Director-General and the Council shall tionally, the Council shall integrate the Forces and other authorities to report to ensure that the composition of the Serv- domestic, foreign, and military policies the National Assembly whenever de- ice meets the two thirds gender require- relating to national security in order to ployed to restore peace in any part of ment under Article 27 of the Constitu- enable the national security organs to Kenya or in situations of emergency or tion and shall observe the principle of co-operate and function effectively. disaster. The Link is published regional balance and ethnic diversity of The council shall also assess and The oversight by Parliament is criti- monthly by the Institute the people of Kenya. appraise the objectives, commitments, cal as it represents the will of the people. To ensure the realization of Article and risks to the Republic, in respect of The oversight of the National Assembly for Civic Affairs and 10 of the constitution and other values actual and potential national security is with respect to concerns of the peo- ple and matters relating to revenue, ex- Development (ICAD) and principles of the Constitution, the capabilities. The Council is required Bill establishes oversight bodies. The to report annually to Parliament on the penditure and conduct of state officers. bodies include the National Intelli- state of the security of Kenya. Further, The three Bills are a part of the reforms gence Service Council and Intelligence the Council may, with the approval of in administration, security and justice P.O. Box 7438-00200, Nairobi, Kenya. Service Complaint Board which allows Parliament deploy national forces out- proposed in the new constitution. members of the public to lodge com- side Kenya for regional or international Despite the pleas to MPs not to de- Tel: 020 6001776 / 020 6001274 plaints and grievances touching on the peace support operations; or other sup- file the bills, parliament went ahead to Email: [email protected] intelligence agency. port operations; and approve the de- pass mongrels of the laws CIC had en- The Bill further seeks to give effect ployment of foreign forces in Kenya. trusted them with. The Link, September 2012 GOVERNANCE 9 LinkThe Enhancing governance for all Nurses adopt new rules in

EDITOR DANIEL OTUNGE sync with the constitution SUB-EDITOR By FAITH MUIRURI FAITH MUIRURI THE Nursing Council of Kenya ASSOCIATE EDITOR (NCK) has unveiled new regulatory OLOO JANAK tools to ensure that health care work- ers in the country operate within a framework that complies with the constitution. WRITERS The NCK Registrar Mrs Elizabeth Oywer says the regulatory tools that MORRIS GITHENYA Central cover both the code of conduct and 0735 855586 scope of practice will help to ensure that the rights to access quality health care as enshrined in the Constitution are fully safeguarded as nurses dis- JOSEPH MUKUBWA Central charge their duties. 0724 039787 Speaking during the launch of the regulatory tools, the Registrar said the new scope of practice defines the limits of care and legal boundaries of BEKADZO TONDO Coast the nursing practice. 0728 341240 “This will help to ensure that health care workers who contravene the guidelines are held accountable PETER MUTUKU Eastern in the course of their work,” she said adding that this will help address 0721 455048 cases of negligence and poor services that have continued to undermine provision of health care services in BOB OMBATI Nyanza the country. The first scope of practice was de- Kenya Health Professional Society officials in a group photograph. 0728 435255 veloped in 1997, followed by a sec- ond edition in 2007. She called on all health regulatory the person in does not and clinics is mistreatments from the midwives. bodies to realign their services to the have to come all the way to Nairobi NYAKWAR ODAWO Western Misconduct demands of the constitution and re- to seek medical services. 0726 264153 The regulatory tools come at a time main objective when enforcing pun- when health care workers in the Action The Deputy Director of Medical ishment to errant health workers. Tools country are on the spotlight for ill “If you want to uphold profes- The regulatory tools have incorpo- treatment and abusive care in public Services Dr Judith Bwonya who pre- LUKE KAPCHANGA Western sided over the launch of the regula- sionalism avoid looking at the col- rated a framework through which health facilities. league and instead look at the impact education programs will be realigned A recent study undertaken by the tory tools blamed the rising cases of 0723 622136 professional misconduct, negligence of the error committed. If you spare to prepare safe and competent practi- Population Council reveals that one errant health workers, then you are tioners who will function effectively in every five women have been disre- and poor services to laxity among health workers. destroying the profession,” she ad- not only as members but also as lead- spected or humiliated at childbirth in vised. ers in health care delivery system. AGGREY BUCHUNJU Western government facilities. She said that most of these cases are replete with questionable deeds The education and practice guide 0733 537002 According to the study, many Constitution provides that all educational pro- women are thus opting for home de- about the practice and warned that stern action will be taken against the “The constitution now vests power grams must meet accreditation re- liveries to evade ill treatment at gov- on the people through the Bill of quirements outlined by the Nursing ernment facilities. offenders. She said the law is clear and those rights and you will soon be dragged Council of Kenya, Commission of Layout & Design: The population Council Chief to constitutional courts to answer to Higher Education and universities. Researcher, Charlotte Warren says found culpable must be dealt with firmly adding that the era of impunity charges of professional misconduct, This, the guide says will help to WALTON DESIGNS that too many women were opting to negligence and poor services,” she ensure Nursing education programs deliver at home under the care of tra- is gone. The director said that all regula- cautioned. achieve health outcomes and expec- 0725 903 938 ditional birth attendants or imposters She said the era when offenders tations of the profession and the com- and this has contributed to the high tory bodies have a primary responsi- [email protected] bility to protect the beneficiary while would find refuge in professional munity. rate of maternal mortality. bodies are long gone as the Consti- The guidelines will further ensure She points out that the main rea- at the same time enforcing discipline among practitioners. tution has empowered Kenyans to that nursing education programs are son for low birth rates in hospitals move to court and seek redress in appropriate and adequate in prepar- case of a violation. ing nurses to join the profession. “The constitution provides resti- The new guide is also expected tution even in cases where practition- to foster continuing improvements in ers fail to admit to mistakes despite nursing education and professional overwhelming evidence of profes- practice. sional misconduct, negligence and The guiding ethical principles on poor services,” she added. the other hand lay emphasis on the The official at the same time need for nurses to promote health, This Newspaper appreciates asked training institutions to entrench prevent illness, restore health and al- the facilitation accorded the spirit of constitutionalism in their leviate suffering. curriculum to ensure students are “Nurses have an obligation to by the Konrad Adenauer properly equipped when they start uphold Human Rights including the Stiftung (KAS) in Kenya practicing. right to life, to dignity and respect of patients seeking services in respec- Tools tive health institutions,” reads the She said that the tools cover the scope guide in part. All correspondence and of practice and will help practitioners The NCK Registrar says that to become more vigilant, profession- Nurses must therefore strive to pro- enquiries to the editor, al, client centered and bring down vide quality care to their patients cases of indiscipline. without discrimination as they share P.O. Box 7438-00200, “The tools provide guidelines as responsibility in initiating social sup- to how the practitioner is to be regu- port action to meet the health needs Nairobi, Kenya. lated and this includes trainer, the of the public in particular those of training institution and institution vulnerable populations. Tel: 020-6001274 where health care services are being Other areas addressed by the offered,” she added. regulatory tools include improving Telefax: 020-6001776 She said that all regulators must provider capacity, support supervi- quickly establish mechanisms on sion, improving leadership and gov- e-mail: [email protected] how to carry their business in a de- ernance skill among health managers Some of the staff in a group photo at the Nurses Council of Kenya. volved system of Government so that across all levels of the healthcare. 10 The Link, September 2012 GOVERNANCE

By LINK CORRESPONDENT Aids increase The Association of Disaster Man- Enact disaster management agement and Conflict Resolution of among married Kenya (ADMCRK) has called for the immediate enactment of the Disaster law now, demands lobby couples Management Act. The ADMCRK National Chair- — researchers man, Prof Sibilike Makhanu, says that the Disaster Management Bill had By TITUS MAERO dragged for too long in parliament despite the fact that disasters and con- A RESEARCH conducted by a flicts continue to plague the country. University on HIV/AIDS aware- Makhanu observes that disasters ness in relation to contraceptive are becoming expensive to manage practices show that the scourge is with insurers estimating the costs per transmitted primarily through het- year to billions of shillings. erosexual contacts. The scholar says weather and cli- Scholars from Kabianga Uni- versity College, who undertook mate related hazards have accounted the study, revealed that the modes for most of the natural disasters. of HIV/AIDS transmission place The official further says the re- sexually active women at the risk lationship between Disaster Risk of contracting the disease as most Reduction and Climate Change Ad- women were infected during un- aptation is symbiotic, adding that the protected sex with their male part- adaptation of climate change can help ners. reduce disasters. The Research team led by Makhanu says conflict resolution Dr Makutsa Makila undertook is also an important part of managing their study in Kimilili Division in natural challenges. Bungoma District, where AIDS “Human conflict can be caused by cases were said to be high among the scramble for reduced pasture in married women compared to their arid areas leading to conflict among male counterparts. the communities,” he explains. In a presentation titled, “a study He notes that ADMCRF is cur- of HIV and AIDS Awareness in rently working with the Office of the Relation to Contraceptives Prac- Prime Minister’s Environment and tices among Married Child bear- Climate Change Unit to raise the pro- ing Women in Kimilili Division,” file of climate change as a national the married women sampled and studied were between the ages of challenge and also educate the public 20-34 years. The Study, which also on the same. investigated the use of contracep- He, however, points out that some tives, found out that in spite of the of the challenges facing the Associa- women having knowledge on the tion include inadequate funds to un- Adaptation of climate change can help reduce disasters. mode of HIV / AIDS transmission, dertake its activities effectively and this knowledge is yet to be trans- called upon the government and do- accidents, landslides, floods, collapse but can try and reduce them. The administrator disclosed that lated into practical condom use. nor agencies to assist in funding the of buildings, earthquakes, fire out- The scholar, who is also the ADMCRK is in the process of de- The Makila led team, which organization. breaks and draught among challenges MMUST Deputy Vice Chancellor signing short courses on disaster man- released the findings during the Makhanu says that the govern- that eat into resources meant for devel- in Charge of Administration and Fi- agement focusing on peace building, Masinde Muliro University of Sci- ment is always forced to divert re- opment. nance, noted that for the country to conflict resolution, risk reduction, ence and Technology (MMUST) sources earmarked for development in Speaking at Masinde Muliro Uni- achieve sustainable development it vulnerability assessment and disas- 4th Annual International Confer- order to address the challenges caused versity of Science and Technology is imperative that disasters and risk ter preparedness in order to enhance ence, pointed out that the use of by disasters and conflict. (MMUST), the official said that man- reduction strategies are upheld in all capacity of the citizens dealing with rational choices models in AIDS He cited disasters such as fire, road kind cannot avoid risks and disasters development plans and actions. disasters. preventive programmes may not be adequate to change people’s behaviour especially in societies where the prevailing cultural prac- tices and norm encourages large LATF to be channeled through county governments families and discourage the use of contraceptives of any type. By BOB OMBATI zled funds earmarked for projects at The study took the form of the grasroot level. across sectoral descriptive study The Local Authority Transfer Fund He noted many projects at the where the use of open and closed (LATF) will be channeled to the coun- ward level were nonexistent due to ended questionnaire and interview ty governments by the central govern- lack of Monitoring and Evaluation, schedules were self administered. ment and funneled to civic Wards for adding that some had stalled after “Key informants were also used to development projects, Gusii County councilors demanded for huge kick- obtain the data. Sixty women were Council Finance chairman, James backs from contractors, prompting selected using purposive and sys- Ogembo says. them to abandon the projects. tematic sampling techniques,” said Ogembo explains that the consti- The civic leader urged members the report. tution allows councils to submit pro- of parliament to enact a law delinking The study also used units of posals to the county government for the lawmakers from the Constituency analysis of conjugal descriptive approval and allocation of funds with Development Fund (CDF), alleging data analysis which was done to strict guidelines on its utilization and that the fund was manned by their answer the research questions in accountability. cronies who mismanaged the same. which the detailed questionnaires He said the council targets Ksh. He rooted for the formation of had coded system of use. 164m revenue this financial year for According to the report, the strong monitoring and evaluation main findings of the study showed its operations up from Ksh. I38 mil- LATF will be channeled to the county governments by the central teams at the counties to assess the that most of the married child bear- lion last year. government and funneled to civic Wards for development projects needs of residents in various wards ing women in Kimilili Division The chairman noted that the coun- and constituencies to ensure that only perceived themselves not to be at cil had made proposals to offer Ksh. and an interest of Ksh. 6 million ac- assembly by the governor and his the right projects were implemented risk of being vulnerable to HIV / 33 million gratuities to her 33 coun- cruing from the Poverty Reduction team once the county becomes op- in those areas. AIDS disease. cilors, saying the amount was likely Fund (PRF), saying the council was erational. Some projects, noted Michira had This was based on the belief to increase to Ksh. 197 million if the seeking permission from the govern- The chairman asked development been imposed to the people and thus that their spouses were faithful. It government approves the sendoff ment to source for funds to settle the partners to involve all players during ended up stalling besides wasting was also learnt that cultural prac- package. debts. the implementation of projects in the public funds. tices such as male domination and Ogembo noted the council owed He observed that the council had area to avoid duplication and conflicts “I urge the electorate to vote for wife inheritance exposed women the National Social Security Fund inherited debts and liabilities from the over ownership and management. visionary, popular and qualified gov- to high risk of contracting HIV/ (NSSF) Ksh. 53 million, adding that larger Gusii civic body, and demand- Nominated councilor, Hesbon ernors who will manage the counties AIDS infection. out of the Ksh. 110 million that the ed that the debt be shared among all Michira noted that in the past, resi- profitably,” observed Michira. The detailed study highlights council had received through LATF, councils formed after the split of the dents were used to rubberstamp He lauded the requirement that suggestions and solutions that can over Ksh. 50 million went into clear- mother body. illegalities during Local Author- aspirants for various seats have post- help in the prevention and con- ing debts owed to statutory bodies. Ogembo stated that the council ity Service delivery and Action Plan secondary qualifications, saying this trol of HIV/AIDS among married Ogembo said that the NSSF debt required Ksh.1.5 million to renovate (LASDAP) meetings, as councilors would ensure only credible leaders women in view of their vulnerabil- had attracted Ksh15 million penalty the county hall to be used as a county and contractors colluded and embez- are elected to manage their resources. ity to contract the disease. The Link, September 2012 CITIZENS’ WATCH 11 @

Mombasa riots Civic education the raise questions Voters should not allow money only access to electing about Constituion obedient leaders THE audacity with which rampaging to determine election outcome THE clamour for a new constitu- mobs in Mombasa have confronted tional dispensation was necessitated police officers following the shooting PRESIDENT Kibaki made what by the desire to create a new system to death of Muslim cleric Aboud Rogo passed as a tongue-in-cheek re- of governance and a people-driven has raised serious questions about cur- mark during the recent peace political leadership. tailing State power to take the neces- conference. He said there would And after more than two decades sary action to preserve or restore law of the struggles, the country was and order when an individual or a be a lot of cash dished out by group of individuals threaten it. those seeking political office, thrust into carnival mood after the The argument has been that the that we should welcome the lar- new Constitution was promulgated Constitution we enacted in 2010 im- gesse enthusiastically and that in August 27,2010. For Kenyans, it posed restrictions on the security nobody should regret missing was a dream come true. This is be- forces in their capacity to use force to the gravy train. cause, to a large extent, the new law either defend attacks on the State and This may sound odd coming captured their will and aspirations. its institutions or in self-defence. from the Head of State. Chapter Six of the Constitution I have always held that this is the But to put the matter in per- that focussed on leadership and in- argument of anarchists who believe spective, he meant that voters tegrity was especially singled out that the government is best which for praise. The law stated that those governs not at all. We have seen in should “eat” as much as possible seeking public office must bring hon- the Mombasa riots the logical result money that comes their way, but our and dignity. This called for set- of such an argument: breakdown of vote for the right people. They ting up of vetting mechanisms and law and order when a group of people should not let the money that ensure all aspirants are subjected to feel aggrieved and they take the law comes their way cloud or blur the vetting. into their own hands. Populist politi- their good judgment and they This is what birthed Leadership cal opinion sees evil in every action should not vote for those who and integrity Bill that was broadly the police take to maintain or restore have always thought that money accepted. But to the utter dismay law and order. is everything and it will buy their of Kenyans, the Bill suffered a fatal And the public has never empa- way to political office. blow when it was presented before thised with the police force when it makes efforts to discharge its man- Campaigns should be very Cabinet and later Parliament and all date. We can see the effects when different this time. After all, most proposals designed to ensure those rampaging youths resort to using ex- of this money is ill-gotten and it vying for political seats scrapped. plosive weapons not to protect them- will simply be returning to the They included those that required selves, but fight the police who are taxpayer. Voters must exercise aspirants to declare their wealth and discharging their duty. their sovereign power without also to be cleared by the Ethics and The Constitution, however, peo- fear or favour through conscien- Anti-Corruption Commission, Ken- ple-centred, should not curtail the tious voting. ya Revenue Authority, and Higher power of the State to protect people’s Education Loans Board. We have rich profiles on all President Kibaki live, property and the pursuit of their these fellows and many do not The Bill is awaiting presidential affairs. deserve to be elected. The good assent. Going by experience, it is un- Concern Kenyan, recent peace forum in Nairobi. , and Tana River. likely the President would decline to Via-email. President should, in fact, repeat Our cultural diversity should Such clashes are the last thing assent to it. But this does not come as the remarks many time. Money be our uniting factor. The coun- we need just months away from a surprise as majority of the aspirants should cease to be the dominant try boasts 40 tribes. We should the general elections. We should have integrity issues. Shikuku fought factor in the voting process. not pander to the whims of poli- also take it upon ourselves to Perhaps we should blame our- Meanwhile, the government ticians who encourage tribal ani- individually change our attitude selves for being naive enough to cancer bravely is doing all it can to ensure mosity. and ensure the realisation of a believe that the self-seeking MPs I AM commanded by the Board of peaceful elections next March These peace forums should peaceful and harmonious voting would midwife the implementation the Prostate Cancer Support Associa- with the commissioning of peace be intensified, especially in areas nation. of the new Constitution. tion of Kenya to write this tribute to a forums in all the counties and the that have seen ethnic clashes like Via e-mail, For now, we have two options. fellow victim of prostate cancer in the Maseno One is to seek opinion of court in hope that many more Kenyans will regard to Chapter Six. However, my come out to bravely declare what ails hunch is that the interpretation will them. be based on mutilated and weakened I am happy to do it, not just for Leadership and Integrity. the late Martin Shikuku — the peo- We all know the Judiciary cannot ple’s Watchman — but for a man who create own law but Supreme Court many of my generation grew up to ad- can declare null and void any law mire as a grave fighter. that contradicts the Constitution. Mr. Shikuku did not only fight po- Joseph Mutua, litical battles from Lancaster House to Via e-mail the Second Liberation, he also fight a gave battle with the silent killer, cancer, A couple of us went to see Omwami at the Texas Cancer Centre two months before he passed on and were impressed by his fortitude and stoicism in the face of great pain and suffering. The man had not lost any of his * famous wit and sense of engagement. The editor welcomes letters and These are qualities which will be comments on a variety of issues. sorely missed by all who admired this The letters should be brief, master of Standing Orders. topical and issue based. Our hope in the PCSA is that the The editor reserves the right to good that Martin Shikuku stood for edit for brevity or clarity. will not be interred with his bones, in- cluding principled honesty in politics Write to: (remember he went to detention with- The Editor, out trial for stating the obvious!) The Link, Via e-mail, P.O. Box 7438 – 00200, Nairobi. Chairman, PCSA E-mail: [email protected] 12 The Link, September 2012 GOVERNANCE Row erupts over land needed by Why law has so far failed Mtwapa council By LINK CORRESPONDENT A row is brewing among councilors to deter sex pests at Kilifi County Council over plans by the local authority to acquire a 20 By LINK CORRESPONDENT things that could be crucial in her stores in first person voice by making recollect their ordeal and give details evidence. reference to their body organs. with precision that are crucial in evi- acres piece of land at Mtwapa owned DESPITE the enactment of the Sexu- by a private developer. As a strategy, REEP works di- Take 14 year-old Margaret’s rec- dence,” Makokha observes. According to the chairman of the al Offences Act 2006, cases of sexual rectly with the child victims of abuse ollections. She was gang-raped by “We get it when it is still fresh abuse and harassment especially tar- council Mr. Anthony Kingi, the coun- in securing the evidence before it is five men who pulled her into a sugar in them, just when their memory is cil had initiated negotiations with the geting minors have continued una- tampered with. The strategy circum- plantation in Mushibiri village. Using alive.” bated. land owner at Mtwapa town to buy the vents the hurdle brought by some the Body Map Approach this is how The outcome has been encourag- land to put up a modern bus park and Although the laws were expected of the abused victims’ parents who she gave her evidence: ing as the quality of evidence gath- market. to serve as a deterrent measure to the would rather want the matter handled ered has enabled her organisation win Mr. Kingi however said the nega- vice, legal practitioners have been un- out of court through a compromise l Her EYES saw the five man come most of the over 250 child abuse cas- tions have stalled for over 4 years now able to secure redress for the victims between the victim and her assailants. to her es it has brought to court in the past after the land owner inflated the costs, especially in cases where children are That had been the common reality l Her EARS heard one of them order two years. Remarkably, she adds, making it impossible for the council to involved. in Butula and Nambale a few years the other to put on a piece of cloth on even in cases where the parents of the seal the transaction. Negative attitudes coupled with back where a culture of silence cou- her mouth victims would have wanted things re- “The council had planned to ac- inconclusive investigations by the pled with rampant poverty and igno- l Her MOUTH couldn’t shout as a solved in an out-of-court settlement, quire the land in Mtwapa to help put prosecution are some of the reasons rance saw sex offenders approaching result it is now the children themselves who up a modern bus park and market but that have derailed the quest for jus- their victims’ families with money to l Her NOSE nearly chocked from come forward to oppose that. the deal has hit a snag owing to the in- tice. In some instances, male pros- buy them into silence. But now this is the pungent smell of alcohol in the This is the gist of Makokha’s joy: flation of the land price by the owner,” ecutors have become hostile during changing with the heightened aware- men’s breath. that the communities are now fast at explained Kingi. cross-examination of the victims ness. l Her NECK was twisted and bore owning up on child abuse as a crime The land owner at one time had which amounts to harassment in it- REEP’s strategy dubbed as visible nail marks and demanding for justice. demanded Ksh 200 million per acre self; while in other instances some do ‘Body Map Approach’ empowers l Her BREAST pained after one of Nevertheless, the battle is far from the council, a figure which was shoddy investigations and would not too high for the local authority. the abused children to use their body the men tried to suckle it from over. He revealed that initially the dare to collect crucial evidence like parts in recounting when anybody l Her HANDS were tied behind her the victims panties. council through the former clerk Mr. makes undue move on them, other back by a piece of rope, such that she Factbox Leboo Ole Morintat had requested The situation has been com- than being alert to the possibility of couldn’t move them The Sexual Offences Act of 2006 pounded by ignorance on the part of the Ministry of Local Government being abused. l Her LEGS were pulled wide apart prescribes: to make a compulsory acquisition of parents with some opting for out of For this, the children are taught during the ordeal l Sentences of between 10 years and the asset after it became clear that the court settlements with their children’s of the dangers the would be abus- l Her VAGINA pained and oozed life in jail for convicted rapists, in- civic body could not raise the required assailants. Observers have advanced ers can exert on their physical body blood during the ordeal cluding perpetrators of incest amount. that the lack of a proper model for a organs, thereby making it easier for l Her FEET would not move there- l A minimum sentence of five years “Civic leaders endorsed the reso- children’s court and the conditions in them to remember what happened in after until she got first-aid for attempted rape lution to request the ministry of Local the normal courts are not conducive the event of being assaulted. The ap- “With such an approach, the l Life sentence for the rape of mi- Government to make compulsory ac- for children, as is the evident lack of proach enables the victims to tell their abused children are much willing to nors. quisition of the said land during a full pre and post-trail psychological and council meeting,” he disclosed. emotional counseling for the abused The council went ahead and draft- children have only added to the im- ed a letter to the Ministry of Local pediment of justice for the abused Government seeking to invoke gov- children. ernment land laws to compulsorily Challenges acquire the land. The success of a defilement case “As the chairman of the council, I is determined by how the child’s admit that the local authority actually evidence is secured, preserved and made an official request to the Minis- presented before the court. Delays in try of Local Government to compul- compiling of evidence at this early sorily acquire the said piece of land so stage have certainly rendered weak that we can put up the bus park and the most cases of child abuse. market and the matter is at the cabinet level,” said Mr. Kingi. Suffice to say that although things However, the council appears to have somewhat slowly improved, have softened its earlier stance and has and are expected to improve the more written to the land owner to go ahead in the advent of the new constitution and sell the land to interested buyers and the on-going judicial and legal as it had no funds to buy it. reforms, the abused child cannot But the move has provoked uproar have his smile just yet. with a section of civic leaders accus- Child rights advocates like Mary ing chief officers in the council of con- Makokha who heads the pro-child spiring with the land owner to dispose REEP non-governmental organisa- of the land to other private developers. tion in underscore Mtepeni ward councilor Boniface the need for hastened reforms. Mwingo expressed dismay at the new Interventions development, saying he was shocked Makokha is of the view that cases to learn that the local authority had of defilement should be fast-tracked written to the land owner authorizing because the child can easily forget him to dispose of the land to willing relevant things like dates, the dress- buyers despite the fact that the council ing type of her abuser and other had made a request to the ministry to MEETING: Cases of sexual abuse and harassment especially targeting minors have continued unabated. grant a compulsory acquisition of the same. “When the land owner sought our approval to dispose of the land to oth- er private developers after the council Kisumu Boda Boda: Transporter by day, robber by night failed to raise the required amount, councilors convened a special meet- By JOHN NYAMBUNE try is infested by thugs. Chairman, Nelson Odine said the flectors for every operator. Giving an example of an operator criminal elements in their midst had He further asked the operators ing to discuss the matter and later re- jected his proposal,” said Mwingo. THE increased spate of robberies who was caught in January in Nya- tainted their image adding that they to not only ensure their safety but hera area in possession of an AK47 will work hand in hand with the law also that of their passengers by pro- The civic leader said they were in Kisumu has been partly blamed shocked to hear that some chief of- on the boda boda operators. rifle, he said some operators turn into enforcers to apprehend the suspects viding them with the safety gears ficers and a section of councilors had Speaking during a Family Plan- thugs when night comes. so as to gain back the trust of pas- and insuring their motorbikes. authorized the private land owner to ning sensitization meeting jointly He encouraged the operators to sengers. During the meeting, the boda go ahead and dispose of the land to organized by Tupange and Kenya practice community policing in their The operators were urged to ob- boda operators were taken through interested private developers. police for boda boda operators in respective areas by spotting the bad serve road safety by adhering to the family planning methods. Mr Mwigo said they were shocked Kisumu, Kondele Traffic Officer, elements and forwarding them to the Traffic Amendment Act of 2009 that They were later handed reflec- to find out that some coconut trees in Saul Kulecho said it has been noted police for arrest. emphasizes on the need for safety tor jackets branded with family the land had been felled and the plot that the motorcycle transport indus- Nyanza Boda Boda Association gears that includes helmets and re- planning messages. was being fenced off by a private de- veloper. The Link, September 2012 GOVERNANCE 13 Children still roam Embu Challenges facing war streets despite millions spent against counterfeits By PETER MUTUKU By JOHN NYAMBUNE ments and by extension public safety. sues. pace with the dynamism in the phar- A TOTAL of Ksh 28,776,000 was Illegal trade practices are a major Other challenges emanate from maceutical inventions in the country. disbursed to 1399 orphans and vulner- ALTHOUGH the Anti-Counterfeit contributor to the presence of coun- weak and inefficient regulatory According to WHO guidelines, able children in . Act came into effect in 2010 and terfeited medicines in the country. framework that may provide loop- counterfeit medicines which have The Deputy provincial children of- paved way for the creation of the These practices include: holes for unscrupulous persons keen been deliberately and fraudulently ficer Irene Komu said that a total of Anti-Counterfeits Agency (ACA), (a) Illegal importation of unregistered on taking advantage of public de- mislabeled with respect to identity Ksh 11, 736, 470 was allocated to 489 the sale of counterfeit drugs continues drugs mand for drugs/ medicines to peddle and or source include: children in Embu West District while unabated in the country. (b) Illegal importation of registered counterfeited substances purely for (a) Products with correct ingredients beneficiaries in Embu East received drugs from unregistered sources purposes of making monetary gain. but incorrectly labeled. Ksh 11, 280 and an additional Ksh According to the Kenya Asso- 11,570 was allocated to 240 vulner- ciation of Pharmaceutical Industry (c) Unregulated parallel importation KAPI argues that without a vigi- (b) Products with no active ingredi- of registered drugs lant and well-coordinated forum to ents able children in Embu North under (KAPI), 10 percent of all available the orphans and vulnerable children medicines in the world are counter- (d) Illegal chemists/pharmacies and raise such concerns with the authori- (c) Products with insufficient active distributers ties and to collaborate in the search for ingredients program. feited. It is further estimated that up Komu cited loss of identity cards, to 25 percent of medicines in use in (e) Unqualified pharmacy personnel amicable solutions, such issues could (d) Products with fake packaging. handling medicines lead to the collapse of the industry but The issue of counterfeit medicines dependency syndrome, increasing developing countries are counterfeits. number of orphans and vulnerable There are no specific statistics for For the sake of the safety of the also a chaotic service sector. is a major problem of our time. And children, and transfer of children to Kenya but the reality is that this has Kenyan patient, KAPI has been work- “Indeed, we have to remain vigi- although this is not a Kenyan but a non-beneficiaries and the elderly care been a major issue requiring urgent ing with relevant agencies to support lant if we have to defeat the forces global problem as well, patients con- givers as some of the major challenges attention. the health regulatory authority’s effort that conspire against a moral business tinue to suffer by purchasing and con- facing the programme in Embu. A report compiled by KAPI re- to curb harmful practices. environment for the benefit of all the suming counterfeits of the most popu- She spoke as a report compiled by veals that counterfeiters target popu- The association has also been in- stakeholders,” adds the report. lar brands in the local markets. the department of Children Services lar and fast moving medicines of high volved in a national dialogue with the KAPI seeks to forge effective and The safety of patients is thus in Embu West District revealed that value and manufacture fake versions ministries of Health that has made it well-coordinated mechanism aimed paramount and those who engage in 71 percent of street children in Embu of the same for sale in the market. possible for the incorporation of the at addressing these challenges and practices that could harm them are have been in the streets for more than “This besides being bad for our industry’s views in key government collaborate with policy makers in enemies of the people and the phar- three years. members business, it is extremely and regulatory authorities’ policy is- aiding the healthcare system to keep maceutical industry. The report indicated that only 9.3 dangerous to the public as counter- percent of the street children in Embu feits have very grave consequences town have been there for less than one year raising fears of increased cases of not just for industry players but also child abandonment and neglect. for the general population. They have The data which was collected in potential to kill people. Patients may the year 2011 and 2012 also indicates also not respond as quickly as a de- that 87.9 percent of those who have sired to the genuine medicines. The been living in the streets of Embu are drugs may as well contain impure or above the age of 19 years while those poisonous substances that may cause who had been on the street for less direct harm to patients,” reads the re- than 1 year are at 9.3 percent. port in part. Majority of the children between Counterfeits impact negatively ages 10 and 14 years respectively had on health systems and may lead to been living in the streets for a period erosion of confidence in healthcare of less than one year at 50 per cent professionals and authorities. Where whereas those who had been on the doctors and nurses unknowingly streets for more than three years are at administer drugs that harm patients 37.5 percent. rather than provide relief to them, The study further showed that the public may lose confidence with those who are in the ages of between 5 them altogether. Furthermore, pa- and 9 years had been on the streets for tients and consumers lose value for more than 3 years indicating that they money when they spend their meager may have been born in the streets. The report also indicates that in the resources to procure medicines of un- period between 2011 and 2012, close known reliability and safety. to 536 cases of child neglect were re- ported after their parents abandoned Illegal trade in pharmaceuticals them in the streets. The fight against counterfeit prod- The percentage of individuals who ucts faces many challenges. Most of are living below the poverty line is at these challenges have to do with un- 56 per cent thus most children end up fair trade practices that either infringe living in the streets as their day to day on individual company’s prospects or life where they can get some food to precipitate adverse effects on invest- The sale of counterfeit drugs continues unabated in the country. eat. Bahari squatters demand immediate resettlement By BEKADZO TONDO erties limited led by its chairman Mr. clined to comment on the matter citing Mwarakaya ward councilor Raphael partment of lands against using the Vincent Albers donated the two pieces the sensitive nature of land issues. Mwangala complained about continu- criteria of allocating land in schemes SQUATTERS in of land measuring 950 acres to the “Land matters are sensitive and ous delay by the government to adju- but base their allocations in accord- of Kilifi County have protested over outgoing Coast PC Mr. Ernest Munyi the right person to comment on such dicate on the land. ance with the prevailing mode of dis- delays by the Ministry of Lands to to assist in resettling the increasing an issue is the Permanent Secretary “It is sad that even after Vipingo tribution among squatters. adjudicate and allocate them the 2000 number of landless people in Kilifi in the Ministry of Lands,” said Mr. Properties Limited voluntarily do- “The government should allocate acres of land earmarked for their reset- district. Kiteto. nated the land to us, nothing has been the 2000 acres of land according to the tlement. The transfer of the plot was done However sources at the Lands done to ensure the intended benefi- sizes occupied by the squatters and not According to the squatters, about in the presence of former Kilifi Lands office indicated that lack of funds to ciaries live on the land,” complained to turn the land into a scheme,” said 950 acres of land has been donated by and Adjudication officer Mr. Ezek- facilitate adjudication work at the do- Mr. Mwangala. Gunda. Vipingo Properties Limited and the re- iel Kiania, company officials and the nated land was to be blame for the de- Responding to the concerns of the The legislator feared that once maining 1,150 acres were donated by government officers who moved to lay in resettling squatters. residents, Gunda who is the local MP the land is planned as a scheme, most the government for their resettlement. the site and physically verified the do- The delay to allocate the land and demanded that the Ministry of Lands squatters will be left out while others The squatters led by the area MP nated land. issue title deeds to the squatters at sub divides the land and allocates it to will be displaced and to avoid that, the Benedict Gunda lament that the proc- However five years down the line, Vipingo in Kikambala division has the beneficiaries without further delay. land should be shared according to the ess of resettling them had dragged on the government through the Ministry however sparked uproar among resi- “The concerns raised by the resi- areas being occupied by the squatters. for years despite the fact that the pri- of Lands has failed to share the land dents who are demanding for the im- dents of Vipingo directly affect my Area residents also vowed to op- vate company had donated the land at among the landless people. mediate sub division and allocation of work and I want the Ministry of Lands pose any move to plan the donated Bureni and Gongoni in October 2008 Contacted for comment, Kilifi the same. to immediately start the process of ad- land as a scheme arguing that a for their settlement. District Lands Adjudication and Set- Speaking at Vipingo Central Pri- judicating the land,” said Mr. Gunda. scheme is likely to disfranchise ma- The management of Vipingo prop- tlement officer Mr. Felix Kiteto de- mary during a public baraza, former The MP further cautioned the de- jority of them. The Link, September 2012 14 GOVERNANCE Appointment: Kingi tells Ntimama ‘see you in court’ By BEKADZO TONDO number one. ties to take senior positions in from Coast region,” said Mr ble me serve my people in anoth- “I was shocked to learn that the government and parastatals Kingi. er capacity,” said Mr. Madzayo. MINISTER for Fisheries Devel- the minister for National Herit- due to favourism but that cannot Industrial court judge Stew- Madzayo has declared his in- opment Mr. Amason Kingi has age Mr Ntimama appointed Dr. be allowed to go on anymore,” art Madzayo who accompanied terest for the senator position in vowed to go to court to block McObewa as the executive di- warned Mr. Kingi. the minister also complained of Kilifi County. the appointment of Dr. Hezron rector of NGOs coordination Mr. Kingi who has announced foul play in the appointment and The leaders accused the gov- O McObewa as the executive board,” said Mr. Kingi. plans to contest for governorship vowed to join other leaders in ernment of perpetuating injus- director of NGOs coordinating Speaking at Khairat mosque in Kilifi County said he will not coast and Kilifi County to reject tices meted on coastal people by board. in Kilifi recently, the minister sit back as Coastal people are de- the appointment. denying them opportunities to Mr. Kingi said the minister said coast leaders were opposed nied their rights to job opportu- Judge Madzayo who said he ascend to positions of leadership. for National Heritage, William to the appointment of Dr. McO- nities and land ownership. intends to resign from his posi- Dr Owen Baya from Pwani Ntimama, erroneously picked bewa and vowed to pursue legal “As leaders of Coast region tion as a judge said he will stand University also criticized the ap- Dr. McObewa who had been channels to block the same. we will pursue all avenues to firm to fight for the rights of pointment of Dr. McObewa as ranked in position six during “For a long time people block the appointment of Dr. coastal people. the executive director of NGOs the interview which saw Mr from coastal region have been McObewa to the position which “I will tender my resignation board, a position which had been Issa Athumani Kipera become denied their rightful opportuni- rightfully belongs to Mr. Kipera by the end of this month to ena- legal won by Mr. Kipera.

By AGGREY BUCHUNJU Shock as A SIGNIFICANT proportion of money allocated to various projects Fears of misuse of parents push in Council through Local Authority Transfer Fund (LATF) during the 2009 / 2010 daughters into financial year has been misappropri- ated. LATF in Bungoma prostitution The council cannot account for By BEKADZO TONDO over Ksh. 30 million of taxpayers money which allegedly went into ALARM has been raised of non-existent projects within the pe- high numbers of young girls riod in question. engaging in commercial sex The damning revelations are work in Mtwapa at the en- contained in an audit report com- couragement of their parents. piled by the National Taxpayers As- Records at the District sociation (NTA) on LATF projects Children’s Department how- in Bungoma County Council during ever indicate that parents are the financial year under review. directly encouraging their un- NTA researchers visited and as- der-age daughters to engage sessed a total of 103 LATF funded in the vice in order to supple- projects spread out in the all 41 elec- ment their family’s income. toral wards within Bungoma County The program coordinator Council. of Solidarity with Women in The researchers’ findings indi- Distress (SOLWODI) Mau- cate that 31 projects are badly built, rine Karisa has come to the 14 projects are well built but not yet aid of the affected children complete, 27 projects do not exist on and embarked on a campaign the ground and 4 have been aban- to sensitize parents on their doned. roles in taking proper care of The projects do not reflect the their school going daughters value for taxpayers’ money which to curb the vice. cost a total of Ksh. 31,771,000 from She says the organization the LATF kitty. is also targeting the young However, area residents say the girls and has been work- amount could be higher given that ing closely with schools, the there are so many other projects departments of children, la- which do not exist on the ground but bour and other NGOs like have been listed by NTA as having Plan Kenya to sensitize them been implemented. against engaging into such For instance project number activities. LAFT/BCC/101/2009-2010, Ms Karisa says that girls Mwikhupo youth polytechnic in were more prone to different East Sang’alo ward in Kanduyi con- forms of child labour includ- stituency which MTA has indicated Bungoma County Council Hall. ing working as house maids as complete and in use does not ex- and bar maids while others ist. and not four acres as claimed. works were done courtesy of LATF by the Salvation Army Kabuchai engage into commercial sex. This is one of the ghost projects NTA’s comments, that four acres money. Girls Secondary School Principal She points out that it is an in the area and it is now apparent of land were purchased within the It is also interesting to note that Mary Waliaula. offence for any person to em- that the money, Ksh. 500,000 pur- estimate lacks basis and is mislead- schools which were allocated funds “One classroom was constructed ploy underage girls to work ported to have been used to purchase ing. by the council for construction of in the year 2010 through LATF. I can- for them. four (4) acres of land for the project Other projects which key per- classroom cannot give any informa- not give any information concerning “The Children Act permits was swindled. sonalities are reported to have used tion concerning the finances because the finances because the school was for the prosecution of any During our recent spot check af- to swindle taxpayers’ money include they were not involved. not involved. The council contractor body found to have employed ter perusing a copy of NTA’s report roads grading and construction of The principal of St. Jude Muanda is the one who constructed the class- young people in any sort of card, we established that the land dispensaries. secondary school admits that in the room,” says the principal of S.A Ka- work,” she adds. purported to have been bought be- A total of 19 rural access roads year 2010, the council allocated the buchai secondary. However, a survey by longs to an absent landlord. were visited and assessed by NTA school some money for construction The project which is referenced The Link found that many The bush on the piece of land research officers and eight (8) found of a laboratory but quickly points LTF/BCC/054/2009-2010 is in Ka- children mostly boys from shown by the digital photograph tak- to be ghost projects. out that the school management was buchai ward in Sirisia constituency Mtondia area in Kilifi are en- en by the NTA researcher on March However, a good number of the not involved in the implementation and was allocated Ksh. 450,000. gaged in coral mining at the 23, 2011 has since been cleared, the remaining eleven (11) roads are said process. NTA’s comments” the project quarries at Bofa. place ploughed and planted with to have been done by youths hired “As a school we only provided was done using poor quality build- Most of such children sugar cane. by the Kenya Rural Roads Authority the site and the plan. We were not or ing materials and poor workman- have dropped out of school It is also important to note that (KERRA) under the kazi kwa vijana did not receive cash directly instead ship. The project might not last long and some complain that their during the 2009/2010 financial, land programme. we were brought a contractor who enough to serve the community”. parents have failed to cater market price in the area was Ksh. This is an indication that ei- could purchase the materials her- The project, which is incomplete for their education require- 250,000 per acre. ther the respective civic leaders or self,” says Ruth Luvaga, the school but is in use, has been given a techni- ments. Consequently the Ksh. 0.5 mil- some council officers tricked NTA principal. cal performance score of 40 percent lion could have bought two acres researchers into believing that the Similar sentiments are expressed by NTA. The Link, September 2012 GOVERNANCE 15 Drama as Kieni MP locks area DEO out of office By JOSEPH MUKUBWA “There are official ways of repri- manding a person but not to insult and Health workers THERE was drama in Kieni West embarrass them in public. This highly when the local MP Nemesyus inappropriate and as a union we con- rally against Warugongo stormed out of the office demn his actions.” Kahiga said. of area District Education Officer and The KNUT official also said that closed it accusing him of gross mis- he had received complaints from water borne conduct. school heads claiming that the DEO Armed with a padlock, Warugon- was demanding bribes from them and diseases go locked the office based at Kiawara those who failed would be demoted or By NYAKWAR ODAWO and put a notice on the door reading, transferred to remote areas. ‘DEO’s Office Kieni West closed’ The Executive Secretary said the COMMUNITY Health Commit- before putting the keys safe in his union had also written a letter to the tees (CHC) have been set up in pocket. PS over the DEOs conduct and was Western Province to assist imple- The MP also called for the imme- waiting for action to be taken adding ment the Water, Sanitation and diate removal of the DEO, allegedly that if he was not transferred from the Hygiene (WASH) program at for gross misconduct while on duty. area, KNUT would mobilize teachers the household level to curb water He said that he had even written to to hold demonstrations against the of- borne diseases. the Ministry of Education requesting ficial. Speaking at a workshop held at for the transfer of Mr. Elkanah Nyaga When reached for comment, the a Busia hotel recently, the Western whom he claimed was engaging in besieged DEO dismissed the allega- Provincial Public Health officer, politics and also demanding sexual fa- tions and blamed his predicament Timothy Olubero said the com- vours from female teachers in the area. to perceived differences with a local mittees will help inculcate hygiene He said the official was only con- provincial administrator whom he ac- practices at the household level and cerned with campaigning for a presi- cused of witch-hunt and malice. reduce unhealthy conditions by at dential candidate and a local parliamen- “How can they blame me for is- least 70 percent by the year 2020. tary aspirant and was hardly attending sues which are not there? These are He urged the participants who to education matters in the area. just politics. I’m very new in this included public health officers “Over 30 female teachers from the area and so such allegations are mali- drawn from Busia and Bungoma area have complained of being sexu- cious,” said the DEO who has been in Counties to sensitize the commu- ally harassed by the education official the district for over seven months. Kieni MP Nemesyus Warugongo closes down Kieni West DEO’s nity within their respective areas and I, therefore, call for his immediate Nyaga said his quest to improve on best hygiene practices to help removal from the area,” the angry MP education standards in the district had office before demanding the immediate transfer of DEO Elkanah Nyaga. Photo/Joseph Wambugu improve on their health. said. seen him labeled all manner of things He said two Non-Governmen- Meanwhile Kenya National Un- by those not keen to see the situation scheme as directed by the Retirement of pensionable earnings and thus a tal Organizations namely Aca- ion of Teachers Nyeri branch Execu- improved adding that even his superi- Benefits Authority (RBA). members’ retirement benefits has a demic Model Providing Access tive Secretary Mutahi Kahiga backed ors could vouch for him and his “good The chairman explained that with value equal to those contributions,” to Healthcare (AMPATHO), and the sentiments and confirmed having work.” the defined benefit scheme, members’ said the chairman during the annual AIDS, Population and Health In- received numerous complaints about And, Kenya Medical Training benefits are defined in advance and general meeting held in Nyeri town. tegrated Assistance (APHIAplus) the official from teachers and said that College (KMTC) Staff Retirement are often related to the final salary and Afubwa noted that with the DC, will contribute a total of Ksh2, 000 the union was “perturbed” by the al- Benefit Scheme operated at a deficit the years of service by the employee the level of income receivable is relat- per month to support the Commu- legations. of about Ksh 423 million during the with the main risk being solvency of ed to levels of contributions, charges nity Health Committees (CHC) Kahiga said that the DEO actions last financial year. employer so as to be in a position to deducted by the service providers, and members. had undermined his integrity and cited The scheme’s Board of trustees meet the promised benefits. investment returns. “The WASH programme has a case where the official gave a local Chairman, Samuel Obura Afubwa “In the defined contribution He also said the performance of two major objectives- strengthen- school head a dress down at a public said that the deficit was occasioned by scheme as proposed by the govern- the scheme was greatly affected by ing governance and leadership in function as his students and their par- the shift from Defined Benefit (DB) ment, member’s and employers’ con- external factors such as the drought health care and strengthening wa- ents watched. scheme to Defined Contribution (DC) tributions are defined as a percentage situation that faced the country, high ter and sanitation programs in the inflation rate, and escalating oil prices. Western region, in collaboration He assured members that the with the ministry of Health, local Board of trustees will continue to communities and other civil soci- seek opportunities which ensure the ety organizations,” said the public scheme attains its requirement to meet health officer. members’ benefits as they fall due, The program which kicked off protect the fund against erosion of in 2006 with the first target being capital, and ensure it meets perform- the training of community health ance benchmarks as set out in the in- workers was successfully evalu- vestment policy. ated in 2008, leading to selection “As you will note from the scheme of the community health commit- financial reports, the sponsor made tee members by the community. contributions of over Ksh 120 mil- The public health official said lion. In addition the sponsor will be all the committee officials should meeting the actuarial revealed during be fully committed members of the valuation exercise carried out as at the community who are active and June 2011,” he added. well conversant with issues per- Former Gem MP, Joe Donde taining to hygiene. urged the government to fast track the “So far out of the 750 Com- conversion of the National Social Se- mittee units in the region, a total curity Fund (NSSF) from a provident of 350 have improved their sanita- to a pension scheme. tion levels and have been lauded “NSSF pays out its benefits in the for maintaining healthier lives in form of a single lump sum occasion- their communities,” said the public KMTC chairman board of Trustees Samuel Obura Afubwa (left) with former MP Joe Donde at Nyeri ing retirees to spend their latter years health officer. KMTC hall during the annual General meeting. Photo/Joseph Mukubwa in poverty,” added the ex-MP. “This has been done through the provision of clean water supply by sinking wells, maintaining wa- ter springs and promoting proper sanitation and hygiene,” he added. Busia civic leaders oppose manual voting system He at the same time said that By NYAKWAR ODAWO with the vote register to tilt the results and Boundaries Commission chair- Bondo University College in Busia the Community Health Committee in their favour. man Isaack Hassan to go ahead and town recently. units will be evaluated after every 3 OVER forty civic leaders from the “As civic leaders of this county, acquire the Bio-metric Voter Regis- The civic leaders at the same time years to monitor their performance entire Busia County have strongly we are not going to sit back and watch tration machines however long it will said the course will boost their capac- both internally and externally. opposed the manual system of voting as the country opts for a system of vot- take so long as election is done fairly ity as leaders ahead of the establish- “For purposes of effective serv- which they said had contributed to the ing that is likely to deny Kenyans the and to the satisfaction of Kenyans,” ment of the county system of govern- ice delivery, the community health 2007/2008 post-election violence that right to elect leaders of their choice,” they said, adding that as representa- ance next year. committees are thoroughly evalu- led to the loss of innocent lives and said the civic leaders, adding that Bio- tives of the people they will not sit “We are also appealing to local ated for their performance after property. metric Voting Registration [BVR] back and watch as the commission is leaders in the entire Busia County to every three years,” he said, adding The civic leaders led by Walatsi system of voting will ensure voting is pushed into hasty decisions. preach peace within their respective that internal evaluation is done by ward civic leader councilor Jack done in a transparent and accountable The civic leaders spoke to the areas to ensure peaceful co-existence the Ministry of Health whereas Wambulwa argued that manual voting manner. press during the start of a six-month among various ethnic communities external evaluation is done by the systems are prone to manipulations “We are therefore earnestly ap- diploma course on County Govern- considering that Busia is a cosmopoli- sponsoring nongovernmental or- and politicians can easily interfere pealing to the Independent Electoral ance at Danian College, a branch of tan region. ganizations.

The Link, September 2012 16 SPECIAL REPORT Land question still a sticky issue as elections draw near

except in cases As the country braces itself for another General Election, land related prob- HE Act replicates where the forests principles outlined in are managed by specific lems cannot be wished away as they still continue to underpin the political, the Constitution and communities for grazing economic, social and cultural spheres. Land related ethnic clashes over classifies land into or serve as shrines Tthree categories namely the (vi) all roads and the years have culminated in violence as witnessed during the 2007/2008 public land, community land thoroughfares in what has been dubbed as Post-Election Violence. The process of land and private land. (vii) all rivers, lakes and other According to the Act, both water bodies redistribution by the government in the past has formed a critical basis for public and community land are (viii) the territorial sea, the inter-ethnic group disputes, as differences on land issues rear their ugly to be held by the county gov- exclusive economic zone ernment in trust for the people and the seabed heads. But in a bid to reverse the situation, the Constitution has outlined a in accordance with the Consti- (ix) the continental shelf series of radical reforms to promote land rights of the poor, marginalized, tution. (x) all land between the high The new law derives its defi- and low water marks minorities and historically disadvantaged groups in the country. This has nition of Public land from the (xi) any land not classified as lead to the enactment of the National Land Commission Act, Land Act and Constitution which includes private or community land lawfully held, used or oc- land Land Registration Act. In this issue, FAITH MUIRURI explores the Land Act which seeks to cupied by any state organ ex- Community land on the pave way for the resolution of long standing land disputes across the country. cept in cases where the state hand includes land held by occupies the land under a pri- communities by virtue of their vate lease. ethnic orientation, culture or hunter gatherer Constitution. subject to the reserved price; Public land also includes the similar community interest. communities (b) application confined to a following (c) lawfully held as trust Allocation of public land targeted group of persons (i) land transferred to the Community land consists of land by county The new law offers mecha- or groups in order to address state by way of sale, (i) land lawfully registered governments nisms for allocation and dis- their disadvantaged position; reversion or surrender in the name of group posal of public land including (c) public notice of tenders as it (ii) land in respect of which representatives under the Private land consists of: entrenching public participa- may prescribe; no individual or provisions of any law (a) registered land held by tion procedures whose absence (d) public drawing of lots as may community ownership (ii) land lawfully transferred any person under any has in the past caused abuse to be prescribed; can be established by to a specific community freehold tenure public land by those in author- (e) public request for proposals any legal process by any process of law (b) land held by any person ity. as may be prescribed; or (iii) land in respect of which (iii) any other land declared under leasehold tenure The National Land Com- (f) public exchanges of equal no heir can be identified as community land by (c) any other land declared mission (NLC) is to oversee value as may be prescribed. by any legal process law private land in law the process on behalf of the Na- (iv) all mineral and mineral (iv) land that is tional or County governments. The Act directs the Commission to oils as defined by law (a) lawfully held, The Act establishes four forms The Act (Section 12 (1)) how- ensure that any public land that has (v) government game managed or used by of tenure systems namely: ever outlines procedures under been identified for allocation does reserves, water specific communities as l freehold; which public land can be allo- not fall within any of the following catchment areas, national community forests, l leasehold; cated as follows: categories: parks, government grazing areas or shrines l easement (a) public auction to the (a) public land that is subject to animal sanctuaries, (b) ancestral lands and lands l customary land highest bidder at erosion, floods, earth slips or protected are and forests traditionally occupied by rights consistent with the prevailing market value water logging; (b) public land that falls within forest and wild life reserves, mangroves, and wetlands or fall within the buffer zones of such reserves or within environmentally sensitive areas; (c) public land that is along watersheds, river and stream catchments, public water reservoirs, lakes, beaches, fish landing areas riparian and the territorial sea as may be prescribed; (d) public land that has been reserved for security, education, research and other strategic public uses as may be prescribed; and (e) natural, cultural, and historical features of exceptional national value falling within public lands; (f) reserved land; or (g) any other land categorized as such, by the Commission, by an order published in the Gazette.

Land earmarked for Investment The Commission has powers to set Members of the public at one of the lands offices. aside land for investment purposes

The Link, Septembert 2012 SPECIAL REPORT 17 Land question still a sticky issue as elections draw near As the country braces itself for another General Election, land related prob- lems cannot be wished away as they still continue to underpin the political, economic, social and cultural spheres. Land related ethnic clashes over the years have culminated in violence as witnessed during the 2007/2008 in what has been dubbed as Post-Election Violence. The process of land redistribution by the government in the past has formed a critical basis for inter-ethnic group disputes, as differences on land issues rear their ugly heads. But in a bid to reverse the situation, the Constitution has outlined a series of radical reforms to promote land rights of the poor, marginalized, minorities and historically disadvantaged groups in the country. This has lead to the enactment of the National Land Commission Act, Land Act and Land Registration Act. In this issue, FAITH MUIRURI explores the Land Act which seeks to pave way for the resolution of long standing land disputes across the country.

in line with the constitution (Arti- cle 65). The Commission has fur- ther been mandated to ensure that the targeted investments benefit lo- cal communities and their econo- mies. In addition, the Commission can allocate land to foreign gov- Cands Minister with Land Development and Governance Institute Board chairman Ibrahim Mwathane in a past function. ernments in consultation with the National and county governments, areas, or those who have weak government; and The funds provided by the (a) provision of access to on a reciprocal basis in accordance tenure claims such as the so- (g) a youth representative national government and coun- land: with the Vienna Convention on called “squatters”. prescribed by the county ty governments for the purposes (i) to squatters; Diplomatic Relations. The Act (Section 134 (1)) government. of the settlement programmes (ii) to displaced persons; The law at the same time is em- provides for the establishment are to be administered in ac- (iii) for development projects; phatic that Public land can only of settlement programmes Resettlement process cordance with the law relating (iv) for conservation; or be allocated only if it has been which are to be implemented The Act provides that the reset- to public finance management. (v) such other causes that planned, surveyed, serviced and by the NLC on behalf of the na- tlement programme is done in may lead to movement guidelines for its development pre- tional and county governments, line with proposals outlined by Land Settlement Fund and displacement of pared. According to the Act, set- the National Land Policy and There Act creates a Fund to be persons; Section 9 of the Act stipulates tlement programmes entails the Constitution; known as the Land Settlement (b) purchase of private land that where the land allocated is not the resettlement of squatters, According to the new legis- Fund which is to be adminis- for settlement developed in accordance with the persons displaced by natural lation, the Commission has an tered by the NLC. programmes; terms and conditions stipulated in causes, development projects, obligation to set aside public The Fund is to generate its (c) establishment and the lease, that land is to automati- conservation, internal conflicts land to hasten approved settle- revenue from management of refugee cally revert back to the national or or other causes that may lead to ment programmes. But in cases (a) Parliamentary camps; county government. movement and displacement. where public land is not avail- allocations; (d) provision of shelter and Cases of fraud where benefici- The Commission is to assist able, any land acquired pri- (b) Bilateral or multilateral a livelihood to persons aries resell plots allocated to them the national and county govern- vately has to follow guidelines donors; in need of settlement have been addressed by the legis- ments in the administration of outlined by the Public Procure- (c) Gifts, grants, donations programmes; lation. Under the Act, the Commis- settlement programmes. ment and Disposal Act, 2005 or or endowments as may (e) research, documentation sion has powers to dictate terms, Prior to the resettlement any other law. be given to the and dissemination of covenants, stipulations and reser- of displaced person, the Act The exercise is to be pre- Commission for the information on settlement vations as it dims fit including: provides that beneficiaries be ceded by planning and survey- purpose of the Fund; programmes; and (a) that the applicant identified and verified by a sub- ing of the identified settlement (d) Monies that may be (f) any other purpose personally occupies and county selection committee schemes after which benefici- borrowed by the that would enhance the reside on the land for a comprising of the following— aries are to be allocated land Commission for the development and period set by the (a) sub-county administrator in accordance with national purposes of the Fund; promotion of settlement Commission; who is to act as the values and principles of gov- (e) The rates, charges, programmes that may be (b) the applicant embarks on chairperson; ernance provided in Article 10 dues, or fees levied by approved by the permanent improvement of (b) a representative of the and the principles of land poli- the Commission under Commission. the public land within county government, cy provided in Article 60(1) of this Act; The Fund is to be adminis- the period specified by the approved by the county the Constitution and any other (f) All monies derived tered in accordance with the Commission; or assembly; requirements of natural justice. from the payment made provisions relating to public (c) the consideration that must (c) a representative of the The Act outlaws the transfer by beneficiaries of Funds under the law relating to be paid for a disposition of Commission; of any land acquired in a settle- settlement schemes; and public finance management. public land. (d) a national government ment scheme except through a (g) Such sums as may be Further, the Commission representative; process of succession. payable to the has a mandate to consult de- Establishment of settlement (e) a representative of The Act stipulates that ben- Commission pursuant to partments responsible for land, scheme persons with special eficiaries of land in settlement this Act or any other finance, agriculture, environ- The new law attempts to offer needs; schemes are to pay a specified written law. ment and natural resources, and forms of restitution to the long- (f) a women’s representative amount of money as may be special programmes and with standing tenure problems associat- nominated by a local determined by the Commission Functions of the Fund the respective county govern- ed with the landless poor, persons women’s organization and the body of trustees respon- The fund is to be used for the ment where applicable. in informal settlement in urban prescribed by the county sible for settlement matters. following purposes- The Link, September 2012 18 GOVERNANCE Budalangi CDF Corporate social responsibility funds building of new market takes root in the Judiciary By NYAKWAR ODAWO By JOSEPH MUKUBWA officers also kept their suits aside demonstration that everybody is added. and engaged in the communal work. equal before the law and before Sergon said he borrowed the BUDALANGI Constituency De- THEY are used to ordering petty of- “I have realized the cleaners do a God. idea in Kigali in Rwanda where all velopment Fund Committee has earmarked a total of Ksh5.6 million fenders to clean up the government lot of work. It is a tough job. I could The judge said this is the first businesses are closed in a day and offices, trim fences, collect garbage to facilitate the construction of a soon turn out to be a trade unionist project the judiciary has initiated all people engage in a clean- up ex- modern market at Budalangi trad- and tender flowers. to vouch for better pays for clean- to show wananchi that they are ercise. But this time round roles changed ing centre during this financial year. ers. It is also an interesting job and also human beings and everybody Other programmes include ex- Addressing traders at the Bu- and the same magistrates and judg- instead of going to gym, you can should work in a clean environment. hibitions which will be held next es practically took up brushes and dalangi trading centre after laying be doing such a job,” said Justice “We shall be doing such work month and a judicial march in town the foundation of the proposed cleaned up the court compound. Sergon after cleaning for over three every month as part of the radi- which will help the judiciary to in- market, area Member of Parlia- The judges and the magistrates hours. cal judicial reforms until the work teract with wananchi and educate ment Ababu Namwamba said the are only known to sit in the ‘mighty’ He said the exercise is a clear is given to a private cleanup,” He the public on court processes. CDF committee had decided to chair where they rarely mingle with fund the project after the Ministry the members of the public but it was of Local Government failed to re- a new dawn as they freely interact- spond to calls by traders to estab- ed with the public as they literally lish a modern market. cleaned up the law courts, mopped “Traders have been operating up the walls and cut grass. from makeshift stalls which be- You could easily greet and hug come deplorable during rainy sea- or even order Justice Joseph Sergon son and thus incur huge losses due at the time when he launched the to lack of storage facilities,” said clean up exercise within the courts the legislator. compound. Ababu said the proposed mar- Clad in white, mouth mask and ket will empower the local com- blue aprons, they scrubbed floors munity especially the women who and trimmed up grasses with other he said had a major role to play as court staff including clerks, subordi- far as development of the econo- nate staff, lawyers and senior police my was concerned. officers. “Busia County Council has al- ready given Budalangi CDF com- “Yes my Lord,” a lawyer an- mittee a- go-ahead to embark on swered the judge while still mop- the construction of a modern mar- ping up the surface unlike other ket which, on completion will go a times when the lawyer would use long way in improving the lives of such terms during court proceed- the local community hence mak- ings. ing them self-reliant,” said Ababu, The judicial officers did their adding that the traders had been clean up as magistrates and court of- neglected for too long. ficials scrubbed floors and trimmed He instructed the contractor to grasses. Curious Nyeri residents ensure that the project is properly watched in disbelief from a distance done and completed within the as judges and magistrates cleaned right time so that it can serve its up the judiciary. intended purpose. The lawyers and senior police High court judge Justice Joseph Sergon (left) and a senior police officer join efforts to clean up Nyeri law The MP at the same time courts recently. RIGHT: Justice Sergon (right) with Nyeri lawyers. Photo/Joseph Mukubwa said that the ongoing construc- tion of the 32kilometre classified road running from Manyasi-Ru- ambwa-Namalo- Bukoma and Residents of Masinga call for help to use dam for irrigation Port Victoria will cost a total of By JOSEPH MUKUBWA organizations have been benefiting Speaking to journalists when they “We now appeal to the compa- Ksh1.8billion, adding that once from the water while local farmers toured the area, the local councilor nies to assist the community tap the complete, the road will open the door to meaningful development THOUSANDS of farmers living wallow in misery as they await for said that about 20,000 residents have water for irrigation and domestic use as part of their role in social respon- as investors rush to invest in the around Masinga dam in relief supplies. been forced to rely on relief food yet area. County are calling on the Govern- The farmers mostly from Ekala- many companies like Tarda, Kengen sibility. The project only requires the pumping of water to the tank at Eka- “The road project will defi- ment and other organizations to as- la/ Elkatini ward say that there is too and Kenya Power among others have nitely open the door to develop- sist them tap water from the dam for much water from Masinga dam and been benefiting with the water and lakala hill which is to be distributed ment as scores of investors flock irrigation and domestic use. Thika River and yet the area is very have never initiated any irrigation using gravity. We live like refugees the area eager to invest hence pro- The farmers lamented that many dry as the rain water is inadequate. project. in our own home,” said the councilor. viding employment opportunity to A resident Esther Mutua lament- the youth and the community at ed that they are even unable to draw large,” said Ababu. water in the river since it is infested The legislator urged residents with dangerous crocodiles and hip- to ignore individuals out to politi- pos. cize the project. “Some have been “Old people and children spend traversing the area telling peo- most of their valuable time during ple that the road project will not the day in search of water. We are see light of day. Do not listen to completely unable to get the water them because they are prophets of since it is very far away from us and doom who are always praying for when you reach there, you are not the worse to happen, yet they had sure whether you will return home failed to perform when they were since you can be attacked by croco- in office,” said Ababu, adding that diles,” she lamented. their plot to taint his image was About ten local residents have doomed to fail. been killed by the crocodiles in the Reacting to claims that some last five years and now want the local chiefs and their assistants were stealing relief food meant for companies to help them get clean the needy persons in the district, piped water. Ababu warned that the law will A Standard Three pupil Mbai Ky- soon catch up with the culprits. alo of Wamboo Primary was killed “I have received scores of by the crocodile late last year when complaints from the needy persons he was drawing water from the Mas- from various locations that some inga dam. chiefs and their assistants are steal- Another farmer Kisingu Mbai ing relief food. We have launched said that animal wildlife conflict will investigations into the claims and end abruptly if the water is distrib- those found culpable risk being Ekalakala/Elkatini councilor Isaac Muinde stands next to Masinga dam which is under-utilized. uted in every home for domestic and sacked,” he warned. Photo/Joseph Mukubwa agriculture use. The Link, September 2012 DEVELOPMENT 19 Group plans to export snake venoms to lucrative world markets By TITUS MAERO ally. twenty species of serpents they Viper is said to have migrated to members of the public not to kill The official said once they want to keep. Kakamega forest from Gabon them when they come into close KEEPERS of some of the breed and stock more snakes During the briefing, Okalo in West Africa when the tropi- contact as they are not harmful. world’s most dangerous snakes they would team up with interna- showed reporters the snakes they cal equatorial forest from West “I sometimes wonder why now plan to export the deadly tional snake handlers to extract have captured from Kakamega to East Africa was still intact people kill harmless creatures extracts from the lethal serpents. venom from their snakes for ex- forest and its neighbourhood in from human activities and erratic such as chameleons,” Okalo said The Chairman of Kakamega port to get better and competitive different cages. weather conditions. as he practically displayed using Environment Education Pro- prizes for the venom. He also displayed crocodiles, “We are going to keep some his bare hands. gramme (KEEP) Mr Benjamin Okalo, who briefed report- tortoise, ostrich and chameleon harmless snakes such as Sand- He said the group which is Okalo said there is high demand ers in Kakamega on the progress which the farm was keeping to bow for people to touch while also involved in planting of tree for venom at the international made to stock the snake farm increase its animal bio-diversi- at the same time learning about seedlings has also been making market which is used to make with snakes and other animals ty. The official said among the snakes on the farm,” he added. special charcoal from dry leaves medicine. for public viewing and research, world’s most poisonous snakes Okalo observed that such and waste paper to reduce de- Okalo said a gram of venom further said they have stocked at the farm include Black Mam- snakes play a big role in reduc- pendence on wood fuel to save currently fetches more money the two year farm with six differ- ba, Gabon Viper and Puff Adder. ing rodents that eat grain in the Kakamega forest from extinc- than a gram of gold internation- ent species of snakes out of the Okalo pointed out that Gabon farm and granary and advised tion.

On her part, the KYG Group Chairlady regretted the destruction of Church promises KFS partners with youth group Kakamega forest and pointed out that her group would spearhead conserva- decent houses to tion efforts to mitigate adverse effects to save Kakamega forest of climate change. followers Bulumi also pointed out that as they plant the tree seedlings they By LINK CORRESPONDENT The forester regretted that loggers He said the forest had been invad- By AGGREY BUCHUNJU had cut down most of the indigenous ed by nearby communities and timber would strive to educate the local com- trees that formed the famous forest jerks who have felled trees for timber munity on the need to plant more trees OVER 1,000 families in Lwan- THE Kenya Forest Service (KFS) has that used to stretch from West Africa and settlement adding that scholars in order to benefit from carbon credit ja village in Bumula District of allocated 700 hectares of land to a to Eat Africa. He disclosed that some from local and foreign Universities trading where farmers would be paid Bungoma County may soon live youth group to plant 100 million trees of the trees in the forest have medici- visit the forest to undertake research for the capacity of their trees absorb- in permanent houses. Reformed in Kakamega Forest to save it from nal value. work. ing carbon from the atmosphere. Church of East Africa (RCEA), extinction. Bungoma Parish, plans to support The Kakamega County KFS As- the families with part of the con- sistant Director Mr Mwai Muraguri struction materials for the struc- said the donation of the seedlings to tures. the Kakamega Young Green (KYG) Rev. Joseph Barasa, RCEA Group was part of re-afforestation Bungoma Parish Minister has dis- programme being undertaken by KFS closed that his church has entered in forests situated in the area. into a partnership with Christian Muraguri pointed out that the ex- Reformed World Relief Committee pansive Kakamega forest faced seri- (CRWRC) to assist 1,034 families ous deforestation as a result of human to build permanent houses. activities through charcoal burning, The humanitarian aid, Rev. illegal logging, tree harvesting for fire Barasa adds that comes in the wake wood and human habitation. of the recent floods that demolished Speaking to reporters in Kakamega `134 houses, leaving the 1,034 forest, he noted that Kakamega forest families homeless. “Besides dem- is important as it is a tourist destina- olition of the houses, farm crops tion which has rare bird species, wild- worth millions of shillings were life, snakes and is a source of many also washed away during the long rivers and streams. rains that hit the area between April He said the KYG Group would and July,” Rev. Barasa claims. undertake the ambitious exercise of Rev. Barasa points out that tree planting in the next three years to the area is perennially affected by save the tropical forest noting that the floods during the long rains adding trees contribute highly to the pattern that is why his church is seeking for of rainfall in the area. permanent interventions. Flanked by the KYG Group He however reveals that the Chairlady Anne Bulumi, Muraguri church through its humanitarian observed that under the KFS Act it is wing will only provide 40 per cent illegal to undertake human activities of the total materials needed for in the gazetted forest without express each one of the 134 house set to be permission from the KFS office. Youth groups are advised to plant more trees. Photo/File built. “The church through its envi- ronment department will also pro- vide tree seedlings (eucalyptus) to the residents to plant as one of the floods intervention measures” Rev. Mbeere community roots for peaceful co-existence Barasa adds. sisters,” he posed. been sidelined in job opportunities which were created by their forefa- Rev. Barasa claims that the tar- By PETER MUTUKU geted families are very enthusias- Speaking at a peace forum in Ki- while members of the larger clan thers saying that it has cost the com- tic about the initiative adding that A COMMUNITY based organisa- rie Location, Mbeere North District have dominated the region but the munity a great deal. majority have already started to tion in , Embu Coun- peace committee chairman, S. Njeru group is trying to inculcate cultural “We are very happy that the assemble construction materials to ty, is using culture and tradition to said that Mbeere region has for a and traditional values among the youths have been interacting well in meet the 60 per cent threshold. promote unity among two warring long time lagged behind in develop- warring clans in a bid to unite them. spite of their different back grounds, The church minister appeals to clans in Mbeere community whose ment due endless conflicts pitting the Njeru said that the peace cam- and we shall sensitize them on the other well-wishers including the persistent wrangles continue to un- rival clans and called for a reverse of paign has incorporated church lead- importance of unity,” he posed add- government to come out and assist dermine development in the arid and the situation to help realize develop- ers and the youth in their bid to eradi- ing that they will fully monitor poli- the affected families with drugs, semi-arid area. ment. cate clannism saying that the Mbeere ticians to avoid hate speech during mosquito nets and building mate- According to Peterson Njeru, the The chairman blamed politicians community is starting to realize that elections. rials. He points out that although chairman of Thayu Mbeere (peace in from the area for fanning hatred divisions had led to the biting pov- Last year a group of over 1500 the government provided mosquito Mbeere), the organisation has been among the warring communities in erty. youths from Mbeere community nets and water treatment drugs to holding meetings in the various lo- pursuit of their selfish political inter- He has also called upon the poli- under the Universal Voice for All the victims the support appears to cations of Mbeere North and South ests. ticians who are seeking the various (UVA) met in the region to chat the have been in adequate since ma- with the aim of uniting the clans “We have decided not to involve elective posts in the region to use way forward on how to fight the laria and water borne diseases are which have been embroiled in bitter politicians in our unity campaign as the peace, love and unity platform clannism and foster development in rife in the area. rivalry over the last forty years. they are the major contributors of in seeking votes so as to ensure they the region. Rev. Barasa spoke to the Link in “Since independence, the Tha- clan divisions,” he said adding that don’t divide the Mbeere community. Elders from the two major war- Bungoma town recently after visit- gana and Mururi clans have been liv- they have been using the tactic to Kirie Location chief Domiciano ring clans have also in the past ing some of the affected families to ing in enmity, and we have tried all marginalize the small clans. Njagi said that the Mbeere commu- slaughtered goats and bulls as a uni- assess the damage caused and the level of preparedness to start con- our best to reconcile them to ensure The chairman said that educated nity, particularly the youth should fication ceremony to save the com- struction of the houses. they unite and live as brothers and children from the small clan have wake up and shun the clan divisions munity from further divisions. The Link, September 2012 20 DEVELOPMENT Pan Paper Mills set for reopening, Nyeri launches the Urban torch with fanfare By JOSEPH MUKUBWA campaign event will demonstrate place in 14 towns in collabora- place in all the 14 towns with the says MD that the people are the center tion with the municipalities,” national peak of the event taking NYERI town has launched the of urban development and any said the coordinator of the forum place in Kakamega. By TITUS MAERO Urban torch campaign which is progressive development course David Ngige. These events will take place to PLANS are underway to reopen the meant to involve 14 towns in the must take into account the need He said the local urban cam- raise attention and send a strong -based Pan African Paper Mills country before the campaign ends for balance between economic paign under the banner ‘whose message on the urban future of Limited which was shut down in 2009 in Naples in Italy next month. pursuits of the town as the engine town is it anyway’ seeks to stim- Kenya as the Country prepares due to massive debts running to billions The campaign which was for development and livelihood ulate community passion to par- to take part in the sixth World of shillings. launched by Nyeri mayor Ed- status of the residents,” said the ticipate in shaping the form of Urban Forum (WUF VI) taking In a meeting at the factory, the acting ward Muteru who lit the torch mayor. urban areas in the new Constitu- place in Naples, Italy on 1-7 Sep- Managing Director (MD) Mr Muliaro Wafula and the Receiver Manager Mr Ian before leading a multitude to a The Nyeri Local Urban fo- tional dispensation. tember 2012,” he added. Smith said the government had pledged procession through major streets rum was established in July last “In order to elicit wider public The 14 towns are Nairobi, to release Ksh 8 billion to jump start the in the town is aimed at promot- year as an initiative of the Civil attention to the local urban cam- Mombasa, Kisumu, , revival process of the factory. The offi- ing the concept and dialogue on Society Urban Development Pro- paign, a series of public events , Thika, Embu, Nyeri, cials said once the funds are released, the livable cities and quality of life. gramme (CSUDP). dubbed the ‘local urban torch , , Kakamega, first task would be to clear debts owed to “Through this dialogue, the “This is an initiative taking campaign’ are planned to take Machakos, and . financial institutions that have threatened to auction machines at the factory if the funds are not paid to them. Hundreds of permanent and casual employees at the factory lost employ- ment when the former largest paper manufacturer in East Africa was pushed out of business and declared insolvent by shareholders after it failed to service debts owed to Kenya Power and Lighting company (KPLC) and Financial Institu- tions. Muliaro and Smith pointed out that with the government having a majority shareholding in the multi-billion firm, the factory will be re-opened to revive economic activities in Bungoma County. Early this year, the government in an effort to revive the company released Ksh 500 million to KPLC after it discon- nected electricity supply to the factory owing to the accumulated unpaid power bills amounting to millions of shillings. But the factory could not resume pro- duction work as it also owed local banks and Multinational companies billions of shillings which had also accumulated over several years. Among the financial institutions owed colossal amounts of money in- cluded Kenya Commercial Bank (KCB), Barclays Bank, Bank of Baroda, Equato- rial Commercial Bank (ECB) and Devel- opment Bank of Kenya. The Paper Company, which is situat- ed in Bungoma County, is among facto- ries in the area that have played a leading role in enhancing economic development in the region. The other is Nzoia Sugar Company (NSC) Limited. Last month, Trade Minister Mr Mo- ses Wetangula assured local residents in Webuye that the government is com- mitted in ensuring that the Paper Manu- facturing Company is re-opened after it clears Ksh 8 billion owed to various in- stitutions for services rendered. Nyeri residents in a procession in town during the launch of Urban torch campaign. Photo/Joseph Mukubwa Finland joins fight against poverty in Western By TITUS MAERO been chosen to kick start the project to engage in income generating activi- a small farm. workers at a cost of Ksh 1 million with because of its high poverty index ties. Manyengo, who spoke at Shitakho funds from the world bank. KENYA and Finland have jointly which, he said, is above the national The officer said that the project village in Kakamega Central District, He observed that the slaughter started a grandiose project to fight average of 65 per cent according to would soon be replicated to other said the total budget for the project house would be used to inspect chick- rising levels of poverty in Western the 2009 estimates by the Ministry for parts of the country which have high is Ksh 2.4 million and covers a five en meat before it is distributed for sale Kenya. Planning , National Development and poverty index as per the Ministry of years period. to all Kakamega market outlets. The project known as Programme Vision 2030. Planning poverty estimates. The official said the Western Wa- A random check at chicken mar- for Agricultural and Livelihoods in The official said the main objec- Meanwhile, the World Bank has ter and Sanitation (WEWAS) Group, kets established that the bird’s price Western Communities (PALWECO) tive of the programme will be to alle- stepped up funding of the poultry sub- which is implementing the local poul- range between Ksh 500 to Ksh 1,000 will cost Ksh 3 billion with the Finish viate poverty and improve livelihoods sector in Western Kenya to end the try production, was lauded as the best depending on their size and weight. government contributing 80 per cent and living standards of the poor in Bu- shortage of indigenous chicken in the performing firm having generated Chicken meat is popular among the of the funding. sia County through strengthening the region. Ksh 2.7 million against accumulative Luhyia community who use it for food The Masinde Muliro University of capacity of the population in order to The financial institution through payment of Ksh 1.5 million in the first in various ceremonies and homes. Science and Technology (MMUST) influence structure and processes af- the Ministry of Agriculture’s Kenya disbursement. Statistics released last month by Region Centre of Experts Department fecting them. Agricultural Productivity and Agri Manyengo pointed out that the the Ministry of Agriculture revealed of Nutrition is offering consultancy He further said the project would Business Project (KAPAP) said the project is being implemented in four that about Ksh 6 million is used to buy services to the five communities liv- also increase wealth from sustainable funding aims to increase agriculture Districts namely Kakamega East, chicken annually in Western Province ing in Busia County with an estimated farming and non-farming activities, productivity and income of small Kakamega South, Kakamega Central with the money going to provide em- population of 736,300 people. improve the living standards and the scale poultry farmers in the project and Kakamega North noting that ex- ployment and reduce poverty in the MMUST Head of Nutrition Dr livelihoods of the vulnerable poor areas to reduce poverty enhance food tension service provision is contracted region. Gordon Nguka says that the commu- people in the area. security and promote job creation. to private firms through competitive The Western Province Director of nities that will benefit from the project Nguka said the project runs for five The KAPAP Regional Service selection procedure. Agriculture(PDA) Mr John Cheriuyot include Teso North, Teso South, Bu- years and seeks to empower the local Unit Co-odinator Mr John Manyengo He at the same time noted that pointed out that poultry farmers face tula, Nambale, Samia, Busia Town people on how to become food secure said part of the funds would be used to poultry farmers had constructed a challenges such as diseases, exploita- and Bunyala. apart from supplying them with farm train poultry farmers on new technol- chicken slaughter house at Shitakho tion by middle men, inadequate exten- Nguka noted that Busia county had inputs such as seeds, fertilizer in order ogy of rearing indigenous chicken on which KAPAP will equip and employ sion officers and poor prizes. The Link, September 2012 DEVELOPMENT 21 Raila launches poverty reduction New KCC Kiganjo to start programme in Busia By NYAKWAR ODAWO PM led many processing condensed milk leaders from western Kenya in launching anti-poverty program NEW KCC Kiganjo factory By JOSEPH MUKUBWA intake. Out of this intake, farm- officially opened in 1968- pur funded by the Kenya government in plans to start ers were paid Ksh 625 million posely for drying of milk powder and the Finish Government. processing condensed milk prod- pate an increase in intake hence which was the highest payments both for skim milk powder and The roll out of the Ksh3 bil- ucts. The New KCC chairman our aim is to increase the dry- paid to farmers so far. full cream milk powder in order lion project is expected to reduce Matu Wamae said the factory has ing capacity to between 80,000 The catchment areas for the to prolong the shelf life of milk. poverty and improve living stand- already started to install the con- litres to 100,000 liters per day,” factory are Mukurwe-ini, Oth- The current intake for Ki- ards in the region. densed milk line which is almost Wamae added. aya, Tetu, Kieni and some part of ganjo is between 45- 50,000 li- The five year programme for complete. Last year, the factory received Kirinyaga district. tres which is among the highest Agriculture and Livelihoods in “This will go a long way in a record of 20 million liters of The factory located along in the country among the New Western Communities (PAL- increasing the production ca- milk so which was the highest Kiganjo- highway was KCC plants. WECO) which initially covered pacity and capture the untapped Busia County has been expanded market of condensed milk prod- to include Teso North, Busia, Bu- ucts,” said the chairman. tula, Nambale, Samia, Bunyala Speaking during a dairy farm- and Teso South Districts. ers meeting held at the factory, Speaking during a planning Wamae said the factory aims meeting at the Busia Agricultural Training Centre recently, the Pro- at increasing the milk received gramme Director Sakwa Mwan- from the farmers and at the same gala said the initiative seeks to time increase the drier capacity. improve household small-scale “This will be achieved storage, decrease of post-harvest through better payment and of- losses, improve household envi- fering incentives to the farmers ronment, nutrition and food se- so as to develop and maintain curity, increase access to social, their loyalty to New KCC as a financial capital, markets and im- whole,” he added. prove services through secondary The chairman added that and feeder roads. plans are underway to put up “The implementation phase coolers in strategic catchment of the programme will go a areas to boost the milk intake long way in increasing agricul- and also aims at increasing the tural productivity, creating and processing capacity by introduc- strengthening value chain plat- ing a second processing line. forms, support the youth in entre- The Central Kenya region preneurship initiatives, improve farmers meeting which was competitiveness and increase meant to discuss the New KCC commercialization of Agricul- privatization plans was attended ture, strengthen capacity of ex- by Cooperatives Minister Joseph tension organizations, provide support to households, county Nyaga and Kenya Dairy Board devolution process, create aware- Managing Director Machira Gi- ness on human rights, strengthen chohi among others. community based organizations’ However, the chairman la- capacity on planning, manage- mented that the factory process- ment and financial administra- ing capacity has dropped from tion,” said the programme direc- 10,000 liters per hour to 7,000 tor. liters per hour. Mwangaza added that the “We are currently unable to initiative is a bilateral programme meet the installed drying capac- co-funded by the Government ity of 60,000 litres per day. Cur- of Kenya and Finland, with the rently, we are only able to dry Finnish government providing 27 40,000 litres of milk per day. million Euro grant and the Kenya With the better prices being of- government providing Ksh 347 The new KCC Kiganjo factory in Nyeri County (above). Some of the dairy farmers who recently attended million. fered to our farmers, we antici- (below). Photo/Joseph Mukubwa a meeting at new KCC factory in Nyeri County “In order to help implement its programs, PALWECO is By TITUS MAERO working jointly with the Ministry of Planning, National Develop- THE Director of Technical ment and Vision 2030, District / Education in the Ministry of Technical skills needed for sub county Administrations and Higher Education Mr Owate Departments, Community based Wambayi has said the integra- organizations, Non-Governmen- tion of Science Technology tal Organizations, women, men and Innovation (STI) in Tech- Kenya to industrialize, official and youth in the county and the nical Institutions is central private sector,” he said. to the success of the govern- the country’s industrialization practical work. The official noted that the Acting Busia District Com- ment’s policy priorities and agenda. He said the country needs government is determined to missioner John Maingi, who also programmes. He said that currently, em- skilled manpower adding that a provide financial support to addressed the meeting, expressed Wambayi said that this is phasis had been put on modern national skills industry and audit technical institutions to develop the need to build the capacity of particularly important within technologies and processes that survey will be conducted to form and have adequate infrastructure county officers and directors be- the context of demand for glo- enhance national competitive- the basis for long term develop- that would meet the demand ing posted under the devolved bal economic competitiveness, ness and facilitate the training ment to boost the country’s in- of the ever increasing number system of government to enable sustainable development and of quality technicians in the in- dustrialization capacity. of students seeking technical them participate in implementing equity concerns. dustrial sector which, he said, Wambayi pointed out that the courses. the project’s objectives. Speaking at the Sigalagala was the engine of the country’s Kenyan economy exhibits limit- He said the Ministry would “There is need to capacity Technical Training Institute industrial process. ed levels on innovation required endeavor to support technical build the county officers and di- rectors who will be posted to the (TTI) in Kakamega, the Direc- In addition, he observed that to foster increased output and institutions in all spheres noting county under the devolved struc- tor said the development of the the capacities of technical insti- productivity necessary for self- that this will facilitate the shift ture so that they can be able to ef- necessary scientific and techni- tutions will be enhanced through employment and wealth creation from a purely agrarian economy fectively participate in the project cal infrastructure as well as the advanced training of person- especially for the technical stu- to an industrial economy thriv- implementation,” said the provin- technical skills is a prerequi- nel and improved infrastructure dent leavers joining the market ing on innovative for sustain- cial administrator. site for the transformation of to enable them give priority to economy. able development. The Link, September 2012 22 FEATURE

dustry in County. There are 70 rooms, 18 cottages, two swimming pools and four con- Buffalo Springs: An oasis ference rooms. Ewaso Nyiro River, Mr. Ha- lake points out, is one of the best tourist attraction sites in Isiolo Buffalo Springs national game of hope in the arid north reserve. The best sceneries are to be found where the River me- By MALACHI MOTANO anders and inhabited by hippo- potamus and crocodiles. ISIOLO’S Buffalo Springs Na- An additional attraction to tional Game Reserve acts as the tourists to the national reserve only oasis of hope in the vast is the Buffalo Springs airstrip arid and semi-arid Northern where tourists flying from all Kenya where wild animals con- corners of the country land and verge to drink water and graze take-off after their stay in Isiolo during the dry season. County. According to Isiolo District Development Council warden, Mr. Ali Boru, officer Mr. Joseph Nga’ng’a “This is the only springs where says he is optimistic that wild animals converge to drink projects earmarked for imple- water and graze during the dry mentation under Vision 2030 season. Buffalo springs area is would help spur growth in the indeed rich in wild animals and sector. all tourist game drives across He says that with the tarmac the national game reserve must road linking Isiolo town with pass through the spectacular other parts of the country, the point for game viewing.” town would definitely connect While in Buffalo Springs Na- Kenya to Ethiopia. tional Game Reserve, tourists However, he pointed out can catch sight of Kenya’s wild- that besides tourism, the county life and birds at a place called should also explore the pros- Buffalo springs, just a few kilo- pects of developing lime and metres from Ewaso Nyiro River. cement factories to transform The wildlife sanctuary is lo- the region. cated near Isiolo town, currently Copper mining prospects are being transformed by the Gov- also high in the area and efforts ernment into Isiolo Resort City Lions in Buffalo Springs National Game Reserve. should be directed towards the to specialize in tourism activi- exploration and exploitation of ties. The reserve which is locat- of the tourism industry in the Kenya, according to Samburu game reserves. the mineral resource, says Mr. ed adjacent to the town, covers area driven mainly by Buffalo Simba lodge Manager, Mr. Ibra- Mr. Halake who has several Ng’ang’a. an area of 131 square kilometers Springs national game reserve, him Halake. years’ work experience in the On livestock development, is among flagship projects out- the district commissioner says He says the road which is tourism and hospitality indus- Mr. Ngang’a says that this was lined in Vision 2030. cattle-rustling and banditry part of the Northern Corridor try opines that more irrigation indeed the lifeline of the peo- The warden says tourists have been contained.” would also boost business ac- projects should be initiated in ple and the completion of Isiolo can also view clearly the snow- He however observes that the tivities in Isiolo, and Isiolo region to enhance food abattoir would definitely boost capped from the two vices have over the years towns in Northern security to the locals and thus the livestock industry since it natural reserve and enjoy the been a setback to the socio-eco- Kenya. He however wants the curb cases of poaching of wild will operate just like the Kenya beautiful scenery of the hills and nomic development among the income generated from tourism animals. Meat Commission which serves the plains which dot the entire pastoralist communities in the be back to support community Apart from wild animal, he both the local and foreign mar- region. area. projects to help encourage the says that Buffalo Springs na- kets. Mr. James Mwaura is the Isi- Mr. Mwaura says that con- local communities in conserva- tional reserve is dotted with Tourism is indeed the jewel olo District Commissioner. “Se- flict in Isiolo County over pas- tion of wildlife and the environ- several lodges which have the of Isiolo County. It is the natu- curity in Isiolo county national ture and water is set to be a ment. capacity to accommodate over ral resource which is capable game reserves has improved tre- thing of the past once pastoral The manager says that the 20,000 tourists annually. of propelling the county to the mendously over the years and so communities engage in tour- Kenya Wildlife Service and lo- One of the best hospitality highest levels of prosperity. many Kenyans and Asians visit ism activities and diversify their cal authorities in the area should centres at Buffalo springs na- To optimally tap the tourism Buffalo springs national reserve sources of livelihood. allocate sufficient resources to- tional game reserve is Samburu resources of this County, the annually to enjoy wildlife game The tarmacking of Isiolo- wards the training and welfare Simba lodge which has been ex- Government should invest more drives, sight-seeing, and have a Marsabit and Moyale road by of their workers, environmen- panded and modernized to cope in the development of Buffalo taste of wilderness and weather the Government has promoted tal conservation and upgrading with the increasing demands in Springs national game reserves, conditions. With the growth tourism activities in Northern of infrastructure in the national the tourism and hospitality in- among others, in the region. A tale of a mother’s agony over deformed daughter By MALACHI MOTANO sions. She is always complain- through an NGO, Help A Child ple, young and old, thronged the Akoth, she was the only child ing that other children would Face Tomorrow, had planned to hospital to seek surgery to cor- in the family to have suffered MRS. AGNES Adhiambo, a make fun of her that she resem- organise a free reconstructive rect various deformities, ranging cleft lips and cleft palate. widowed mother of seven from bled a ghost,” adds Mrs Adhia- surgery for those suffering cleft from the cleft palates, cleft lips According to the coordina- Rarieda District, has had to en- mbo, a teacher at a local school. lips and cleft palate. to colloids and different types of tor of the Help A Child Face dure several questions from Mrs. Adhiambo says she re- Her heart missed a beat. She tumours Tomorrow, Dr. Meshack On- the young girl who could not signed to fate and would ago- decided to embrace the opportu- At the hospital young Akoth guti, thousands of Kenyans comprehend why she was the nise whenever the innocent girl nity and give consent to a recon- was recuperating together with especially in the rural areas odd one out among her school would confront her, demanding structive surgery for the daugh- her age mate, Roseline Ongoche suffer in silence from the dis- mates and other children. to be taken back to the Creator. ter. from Ebwiranyi, Bunyore in the ease that can be handled in the “My daughter is called Beth One day as she pondered Adhiambo and her daughter neighbouring Emuhaya district. initial stages. Akoth. She is always afraid of what to do, she heard an an- were not alone when she arrived Ongoche’s grandmother, Hel- “High poverty levels have going to school and I had to nouncement over a vernacu- at the District Hospital len Mbali who accompanied her force her on numerous occa- lar radio that a team of doctors for the operation. Many peo- for the operation said that like Turn to Page 23 The Link, September 2012 23 FEATURE A tale of a mother’s agony over deformed daughter From Page 22 developing into a boil. made our people bear a burden After visiting local health fa- that can be corrected through cilities in Rongo, she ended up at support from the society” he ex- New Nyanza Provincial General plained. Hospital where the authorities Dr. Onguti said that his team demanded Ksh. 5,000 for X-ray comprised of 20 experts from and other medication, she said. various medical disciplines, “I could not afford this and among them surgeons, anaes- had to travel back to Rongo in thetists and nurses who con- the hope of raising money,” said ducted reconstructive surgery to the peasant farmer who had to over 80 patients. make the hard choice between He however expressed con- survival and having the tumour cern over the high number of removed. people suffering from keloids The tumour, which weighed and growths from piercing their several kilos, made it difficult ears and body tissues. “The for her to undertake normal number is abnormally high and chores. This caused persistent we suspect that there could be chest pains and the lady could a reason behind this,” said the not carry anything. medic. Auma was full of praise for Dr. Onguti said that his or- the NGO and sponsors of the ganisation that has been work- medical camp, saying that when ing in close collaboration with she learnt of it, she boarded a Smile Train, an international bus from Rongo to Siaya. NGO, focuses on children with Speaking during the launch special deformities. of the camp, Siaya DC Mr. Boaz Help A Child Face Tomorrow Cherutich and former Alego/ Beth Akoth one of the beneficiaries from Help A Child Face Tomorrow. was established in 2006 and has Usonga MP Sammy Weya la- been organising free medical mented that most people in the to enjoy quality medical care lips and cleft palates affect their event so that it caters for the less camps in various parts of rural rural areas were suffering from by volunteering their time and sense of taste, hence our deci- privileged. Kenya through the support of ailments that can be corrected resources to support medical sion to have these corrected so During the early weeks of de- well wishers. The Siaya medical but lacked resources to visit the camps. that all can enjoy our products,” velopment inside the mother’s camp was funded by Dominion hospitals. The president of Dominion he said. womb, each person suffers cleft Farms. Mr. Cherutich said that medi- farms, Mr. Calvin Burgess said Mr. Abir said that the organi- lip and palate. Researchers esti- Dr. Onguti called on Ken- cal specialists and well equipped his company will continue to sation will strive to make the mate that one in 600 babies has yans to embrace volunteerism hospitals were miles apart and support the local community free medical camp an annual a cleft lip or cleft palate. saying that this was the best way with high poverty levels, the adding that as part of its cor- to help those in dire need. “Pa- common mwananchi could only porate social responsibility, the tients have genuine concerns. benefit from proper medication company has helped pave roads They are poor and cannot afford through free medical camps. and has been supporting the the cost of surgery and medica- He however said the gov- education of several orphans in ADVERTISING RATES tion,” he said. ernment, through the devolved Siaya district. structures was committed to Dominion Farms Limited Another beneficiary of the Your support as our reader or advertiser ensures that the stories initiative was Monica Auma providing quality medical care Director Mr. Chris Abir said that matter - the stories that help people make decisions about who has lived with a tumour on for all. the organisation was just giving her back for the last nine years. The former Member of Par- back to the society. “We are in their education, health, governance, their livelihood, and their Auma, 38, hails from Rongo liament challenged the middle- the business of producing rice communities - reach them in a simplified but factual way. district. She said the tumour ini- class population to help com- and tilapia which we would like tially started as an itch before munities living in rural areas our customers to taste and cleft How to Advertise 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 in diskettes/CDs as well as hard copies.

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The details should be mailed to the Editor, P.O. Box 7438, 00200, Nairobi, Kenya. Telephone 020-601776, 020-3572365. You can also e­mail us at [email protected] or [email protected]. NOTE: All payments should be made through cheques, payable to: A team of doctors through an NGO, Help A Child Face Tomorrow, had planned to organise a free recon- Institute for Civic Affairs and Development (ICAD). structive surgery for those suffering cleft lips and cleft palate. Photo/Malachi Motano The Link, September 2012 24 FARMING Adoption of new technologies, the only salvation for Kenya’s agriculture ACCORDING to Professor Shau- The national council of technology is recommending that Kenya must now adopt casion, Ministry of State for the kat Abdulrazak, Chief Executive Development of Northern Kenya Officer (CEO) of the National new methods of farming to replace rain-fed agriculture. The council also plans and other Arid Lands Permanent Council of Science and Technol- to fast-track the development of infrastructure and enhance farmers’ capacity to Secretary Mr. Lawrence Lena- ogy, the country is now appreciat- yapa, urged scientists dealing with ing that rain-fed agriculture is un- boost their leadership, planning and conflict resolution skills to spur agricul- climate change and environment sustainable and must be replaced tural production and increase farm output Writes MALACHI MOTANO issues to advise the Government by alternative mechanisms driven on the best methods of tackling by technology tural Development Projects is 240 Mondoh the ministry’s Perma- farmers in South Rift, Eastern drought, floods and food security “Food insecurity always af- hectares and is earmarked to ad- nent secretary “the Government region and Tana River to avoid issues. fects our country and relief food dress perennial food shortage in is buying more maize from farm- wastage of the crop. Mr. Lenayapa noted that with supplies in drier regions have the region and boost the income ers to strengthen its grain reserves On drought conditions and adequate food supplies in the soiled the image of a nation which of the local residents.” through the National Cereals rainfall patterns in the country, country, the cost of living will be is making tremendous progress in Dr. Kiome says the Govern- and Produce Board (NCBP) and Mr. Mondoh said that farmers will manageable and Kenyans will be several sectors of development. ment is determined to ensure protect the farmers from being be advised by the Government ac- able to invest in other productive Most Kenyans are therefore successful implementation of all exploited by unscrupulous busi- cordingly, while water and pasture sectors of the economy. coming out strongly on how to irrigation projects in the country nessmen from the neighbouring challenges will tackled effective- He said that technology has to overcome issues of drought, fam- through the provision of steady countries.” ly. be applied from the farm through ine and reliance on external food and sufficient water supply, and The Permanent Secretary who He said the national drought to processing, storage and market- donations to feed our fast grow- farm inputs such as fertilizers and made the remarks during a drought steering committee members and ing, and it also requires the imple- ing population and more so in the seeds. crisis steering committee meeting other stakeholders are under- mentation of the right policies, fi- Northern Kenya. The Ministry of Special Pro- in Nairobi, asked maize millers to taking studies on how to tackle nances, insurance, infrastructures “Any farmer can produce food grammes is seeking Ksh 1 billion offer competitive maize prices to drought conditions in the country, and information. or milk during wet seasons. With from the treasury to buy maize farmers in a bid to encourage them adding that both scientific and his- The Permanent Secretary said: the influence of technology in all from farmers to boost the coun- to produce more during the next torical issues have been taken into “Water and key service providers sectors today, agriculture must not try’s strategic grain reserves and planting season. account by drought mitigation ex- have been selected to jump-start be left behind,” says the Professor. food security measures. He said that the Government perts. development for the Arid and In the 2011/2012 budget, the According to Dr. Andrew has made plans to buy maize from Speaking during the same oc- Semi-Arid Lands which are home Government allocated Ksh 10 bil- to 14 million Kenyans and cover lion to fund existing and new ir- about 89 per cent of the country.” rigation projects around the coun- He further said over 70 per try. This development has set the cent of the population in these precedence in transforming the areas live below the poverty line sector through irrigation and is while there is a vast base of natu- firmly the way of the future. ral resources which remains un- The professor continues that derutilized, adding that despite “As we press on to accomplish their high development potential, goals set for the agricultural sec- the ASALs have the lowest de- tor in the vision 2030 blueprint, velopment indicators and highest we anticipate a future where rain- poverty incidence among all areas water is accounted for as a sup- in Kenya. plementary source, not a primary Kenya Commercial Bank one, while water harvesting, drip (KCB) Agribusiness Develop- irrigation and prudent manage- ment manager Lydiah Saina said ment of water resources will be commercially viable agriculture emphasized.” can yield food for millions, elimi- The Ministry of Agriculture nate hunger and spur wealth crea- has initiated and funded several tion through agri-enterprises. irrigation projects to transform Ms Saina said KCB focuses on farming and enhance food secu- the full value chain within agricul- rity in the country. ture to offer its solutions which in- According to the PS in the cludes providing working capital, Ministry of Agriculture Dr. Ro- term loans, soft commodity trad- mano Kiome, the government ing as well as structured finance. in collaboration with develop- She says with rising popula- ment partners is funding Kabaa tion, climate change and shrink- small-scale horticultural irrigation ing arable land, a paradigm shift scheme in at a is needed on how agriculture is cost of Ksh2.1 billion. resourced and practiced because The irrigation scheme which Kenya’s economy relies heavily falls under Small-Scale Horticul- Workers pick tea in one of the tea farms. Photo/Malachi Motano on agriculture. CIMMYT urges farmers to adopt new farming method By TITUS MAERO being implemented on a pilot basis crop residues on the land to help repels stalk borer and kills ed by farmers in other parts of the in Bungoma and Siaya Counties. retain moisture. striga weed which is responsible country. FARMERS in Kenya will no long- He said Conservation Agriculture Achieng said this in Bukembe for low yields such as maize, sor- Ayanga said new farming tech- er need to till their land to plant is also being practiced in Tanzania, sub-location in Bungoma County ghum and finger millet production nology has come at a time when crops following the introduction of Ethiopia, Mozambique and Ma- during a farmers’ field day to ex- in Western Kenya. scientists are busy developing new Conservation Tillage Agriculture lawi. hibit the technology and other A local District Officer Mr Fe- maize varieties to adapt to climate (CTA) from Australia. He noted that the technology farming technologies. lix Munyalo, who was the Guest change that has caused emergence The technology is being fi- ensures retention of adequate lev- The occasion was also attended of honour, urged farmers to adapt of new diseases and reduction in nanced by the International Maize els of crop residues on the soil sur- by farmers from Embu who came modern ways of farming to pro- crop yields in Sub-Saharan Africa. and Wheat Improvement Centre face to protect the soil from water to see how their counterparts were duce more food to feed the increas- In Kenya, scientists at KARI (CIMMYT), through the Kenya run-off and erosion, improves wa- implementing the new technology. ing population in the area. Kakamega Centre have teamed Agriculture Research Institute ter infiltration and reduces evapo- Mr Aloice Ndiege, a research The occasion was also ad- up with other scientists to develop (KARI) in Western and Eastern ration to enhance water productiv- technician from International Cen- dressed by KARI Kakamega cen- maize varieties whose seeds will Kenya where yields per acre have ity, it also increases soil organic tre for Insects Physiology Ento- tre Deputy Director Dr George be sold in local markets in two considerably increased and cost of matter and biological activity and mology (ICIPE) in Mbita centre in Ayanga, who said the new farming years. production gone down. enhances long term sustainability. said apart from Technology has been received well Ayanga further said five other KARI’S Project Officer Mr. He said farmers who are using desmodium retaining moisture in by farmers in Western and Eastern John Achieng said the project is the technology are advised to leave the soil, it Provinces and will soon be adapt- Turn to Page 25 The Link, September 2012 FARMING 25

AGRA leads green revolution CIMMYT urges farmers to efforts in Africa adopt new farming method From Page 24 African Countries are doing similar trials to increase food production for their people. The project is being funded by CIMMYT which has regional offices in Kenya and Zimba- bwe for Sub-Saharan region. The Kofi Annan’s A Green Revolution in Africa (AGRA) is also helping Sub-Saharan African Countries to increase food production by providing funds to train farmers to use lime to reactivate acidic soils caused by leaching and mono- culture. In Kenya, the project is be- ing undertaken in Siaya and Kakamega North Districts where farmers have registered good yields after many years of poor harvest due to depreciated soils. Meanwhile white ants which are common delicacy in Western Kenya are increas- ingly disappearing into the soil owing to the unreliable weather Seed company participants at Kenya Plant Health Inspectorate Services (KEPHIS) Field in Nakuru recently. patterns. The Western Provincial Di- By HENRY OWINO country’s Gross Domestic Profit For instance, AGRA president the farmers $1,232, 688.. rector of Veterinary Services (GDP). This she said helps to pro- observed that the country had sur- The project has since then in- Dr Feneas Mulala said white AFRICA Green Revolution Alli- vide a strong foundation for broad- passed the Maputo Declaration by troduced selling bananas by kilo ants like warm weather and ance (AGRA) has partnered with er economic development and is a African countries’ commitment to instead of “eye-balling”. Before thus the insects have remained other international groups to boost major factor in reducing poverty. allocate 10 per cent of their an- the introduction of the kilo sys- in the soil because the area food security in Kenya and the rest Jane noted most of Kenya’s sta- nual budget to agriculture. She tem, farmers would end up selling has experienced cold weather of Africa. ple food production comes from said Kenya’s funding to the sector bananas at Ksh3 per kilogram but throughout this year. AGRA has joined Japan In- the hard work of millions of small- is now at 11 per cent and still in- after introducing the system the He said that the White ternational Cooperation Agency holder farmers. She estimated that creasing. price would be about Ksh 10 per ants are a common during dry (JICA), the AU’s New Partner- about 70percent of small holder “The Government is working kilogram. spells but said that most parts ship for Africa’s Development farmers now use at least some fer- to improve smallholder access to Another 14,815 farmers adopt- of Western Kenya have expe- (NEPAD), the World Bank and the tilizers and 30percent plant certi- markets, increase the availability ed tissue culture technology and rienced unprecedented cold Africa Rice Centre, among others fied seed of improved higher yield- of extension services, and at the their yield increased by 2.2 time of weather this year, forcing the to double rice production by 2020. ing varieties. The AGRA President same time reduce its role in com- the average yield of non-tissue cul- insects to remain in the soil for To implement this special fund, added that Agriculture has also mercial activities to make room ture banana plantations. AGRA’s a long time. an organization known as Kenya been one of the fastest growing for and encourage the growth of investments in building a strong Dr Mulala said other insects Incentive-based Risk-Sharing sectors of the economy and today, private sector involvement,” she network of agro-dealers in western which live in the soil like ter- System for Agricultural Lending it accounts for 65percent of the assured. Kenya, for example, it has reduced mites also hibernate during cold (KIRSAL) is expected to access at country’s profit. In May this year, AGRA agreed the average distance smallholder weather till the time of warm least $500 million of assist more Jane the AGRA President ex- to assist the International Fund for farmers must travel to obtain com- weather. “This is why you can- than 1.5 million smallholder farm- plained: “We still have much work Agricultural Development (IFAD) mercial inputs from 17km to 4km. not find white ants in ers and over 10,000 agribusinesses. to do to strengthen the sector and in implementing their Programme All AGRA works are done in where weather conditions are In 2011, AGRA launched Farm- to improve food security in our of Rural Outreach for Financial partnership with public and pri- extremely cold throughout the er Organization Support Centre in country. Millions of our people Innovation and Technologies vate sector organizations that share year,” Dr Mulala told reporters Africa (FOSA) whose aim was to struggle daily to get enough to eat. (PROFIT), which will provide an its vision of catalyzing a Green in Kakamega. strengthen farmers’ organization Moreover, about 17percent of our additional $10 million in risk-shar- Revolution, in Kenya and across He said the white ants are in Kenya and elsewhere. Today children under the age of five suf- ing funds. the continent. Some of the partners considered as a highly nutri- FOSA is helping to improve small- fer the effects of malnutrition. De- The money is expected to scale in Kenya include: Government of tious in the area and prices have holder access to input and output spite the relatively good news we up financing by a number of Ken- Kenya, through Ministry of Agri- gone up due to the shortage. markets, and to high quality sup- have been hearing this year about yan banks and microfinance insti- culture, especially Kenya Agricul- Mulala said a medium tea port services to increase produc- anticipated bumper harvest, long- tutions, and is aimed at leveraging tural Research Institute (KARI); cup goes for Ksh 200 with the tivity and profitability of Kenya’s term declining rainfall due to cli- $100 million in new credit, mainly Equity Bank; Agricultural Market small cups fetching between agricultural sector. mate change remains a significant for smallholder farmers. Development Trust (AGMARK); Ksh 50 and Ksh 100 adding AGRA also hosts the rapidly threat to staple food production in “Our involvement in KIRSAL TechnoServe; various private seed that currently most markets do growing African Enterprise Chal- Kenya and indeed in East Africa.” and PROFIT signals AGRA’s companies; the World Food Pro- not have the insects. lenge Fund (AECF), which focus- Jane pointed out that poor strong commitment to Kenya. gramme’s Purchase for Progress He observed that scientists es on encouraging innovative pri- soils, limited storage facilities, More importantly, these pro- initiative ; Farm Input Promotions are currently carrying out ex- vate sector agricultural initiatives inefficient markets and marketing grammes indicate the Govern- Africa; Moi University; the Cereal periments on how to increase in Kenya and across Africa. Ini- systems, and persistent under-in- ment’s willingness to embrace in- Growers Association; and many the breeding of white ants tial financial backers included the vestments in agricultural research novative approaches to resolving others. throughout the year to meet the Netherland’s Ministry of Foreign and extension are some of the chal- challenges facing the agricultural All are aimed at transforming increasing demand in the mar- Affairs, IFAD, the UK’s DFID, lenges that continue to limit the po- sector,” AGRA president, Jane Kenya’s agricultural system into ket. and the World Bank’s Consultative tential of the agricultural sector. Karuku clarified. a more productive profitable and In Western Kenya, he add- Group to Assist the Poor CGAP), She however promised small- For example; AGRA’s most in- commercially viable sector. It is ed, residents eat the insects raw and others have come on board holders’ farmers that some of the teresting projects involves banana therefore, targeting to achieve ef- as they come from the ground, since the Fund’s inception in 2008. challenges are things which can be farmers. The project seeks to link fective full potential, sustainability while others fry to make them Speaking during a conference done away with. In addition she smallholder banana farmers to Mar- for reducing poverty, improving more delicious. Mulala said in in Nairobi, AGRA President Jane underscored efforts by the Kenyan kets in Eastern and Central Kenya food security and protecting natu- many parts of Busia, Teso and Karuku said the the agriculture Government to enhance its support and was able to reach 15,671 farm- ral resources based at achieving Bungoma residents beat vi- sector directly and indirectly ac- to the agriculture both in word and ers who were able to sell 7.9 mil- food security in the country and brating drums to entice the in- counts for about 50percent of the deed. lion kilograms of bananas earning Africa. sects to come out of the ground. The Link, September 2012 26 FARMING Songa directs Crop failure to blamed for KARI to release more drought grinding poverty in Ganze tolerant crops By LINK CORRESPONDENT By BRIGHTON KAZUNGU AGRICULTURE Secretary Dr Wil- son Songa has asked Kenya Agricul- SCANTY rainfall and poor crop tural Research Institute (KARI) to husbandry has been identified introduce draught resistant varieties in as the driving force behind the Arid and Semi Arid Lands (ASAL) in poverty in Ganze district. the country to help increase their pro- The area has chunks of ar- ductivity. able land that if modern farming Dr. Songa said that there is need methods are introduced, the area for KARI to come up with enhanced could not only feed Kilifi Coun- varieties of food crops grown in ty but far flung areas within the ASAL areas in order to promote food County. security among communities living in Although agriculture is the such areas. main economic activity, no Speaking at KARI offices in Kakamega, the official noted that meaningful yields are produced ASAL areas had continued to record in the farmer farmers in the area. decreased production of food crops as Rain fed farming has proved the current varieties are vulnerable to fruitless especially now that rain pests and diseases. hardly falls. As in most African He noted that crops such as Sor- communities, the Ganze com- ghum, Cassava, Millet, legumes and munity depend on maize as their Katumani maize variety can produce staple food. high yields if KARI came up with va- The crop which has been rieties that can withstand harsh condi- grown from time immemorial tions in dry lands. has been performing poorly in Songa observed that ensuring food recent times prompting agri- security and eliminating hunger still cultural officers to push for the remains a challenge to the country. adoption of crops that can with- He, however, said the government has stand harsh weather conditions. Ganze area has chunks of arable land that if modern farming methods are introduced, the area could not undertaken policy reforms to address only feed Kilifi County but far flung areas within the County. poverty and food insecurity. One of the crops recom- He said that among the reforms mended is cassava which ex- duce ready for the market thanks According to the first wife the land the two women did their include Food Security and Nutrition perts say can withstand the hot to his two wives. Alice Munga, the condition was best and planted maize in their Policy (FSNP) which address strate- and dry climate in arid and semi During his helm, Munga a good one because the husband farms but as usual the yields gic food reserve, integrate value addi- arid areas. bought several acres of land in had the children in mind. were poor. tion and domesticate small scale farm- However very few farmers the area which he later subdi- “When he said that we “We wanted to prove to our ers in food processing process. have embraced the crop and ma- vided some portions to his two should not sell the plots he ex- husband that we can do very The official, however, said the Ag- jority of those who have adopted wives while the rest remained a plained to us that our children well with our farms but the rains riculture sector is constrained by high the crop have not embraced it property of the whole family. also depend on that land and ad- were not favourable” quipped cost of farm inputs such as fertilizer fully. “After I retired in 2002, I de- vised us not to sell it” said Alice Alice which result in low application on the Two farmers from Jaribuni cided to give my wives 3 acres Generally land ownership in However, two years later farm, inadequate certified seeds and division, one of the four divi- of land each so that they can do the area is controlled by men but the two women started grow- limited extension services. sions in the district have proven their preferred farming while the two women are a unique ex- ing cassava after sensitization Songa pointed out that such chal- beyond doubt that the crop can the remaining 8 acres were for ample that women can be very workshops by the ministry of lenges are further exacerbated by weak institutional and legal frame- replace the maize dependence the whole family” said Munga. productive when given a chance agriculture through Nalep Kilifi work, poor post harvesting handling, culture of the area. Though the ex-chief gave the to own land. district. lack of market driven production and As other families are cry- land to the wives willingly, he The second wife Joyce Mun- Both of them used an acre to lack of access of Business Develop- ing to the government for re- did set a condition that no wife ga remembers how hard it was experiment on the cassava farm- ment Services (BDS) by farmers. lief food, former Jaribuni chief can sell the land but should try for her to come to terms with the ing and later planted the whole The officer said in an effort to re- Japhet Munga’s family is com- to do some farming so that they fact that she now owns land. three acres each after the first verse the decline and fast track growth fortably loading cassava pro- can take care of themselves. The first season after getting season proved fruitfully. efforts within the Agricultural sector, “We do not depend on our the government has put in place meas- husband anymore for the up- ures to enhance food security and live- keep of the children. At least we stock production to equip them with get something after selling the skills in contingency planning, early cassavas. We are also glad that warning system and response. we have managed to purchase He named other measures as a posho mill which we co-own improved data collection, analysis and dissemination including sharing with our husband” Alice said among key stakeholders and enhanc- The two women now boast of ing monitoring and evaluation proc- about twenty thousand shillings esses at all levels. each after every harvest. Songa observed that increased in- The family has a written vestment in Agriculture Research con- agreement on the ownership of tribute significantly in production and the land and how they share the also by working closely with the pri- prospects from the posho mill. vate sector and adapting of new tech- The farming, though not very nologies to reduce post harvest loses. popular, has proved to be very The official said the government resourceful especially in the dry would ensure better enforcement of area. the Co-operative Act and encourage Agricultural extension offic- farmers groups to transform into Co- ers are now using the farm to operatives. This, he said, is to be made set as an example for others to possible by strengthening governance and technical capacity for Co-opera- emulate. tive societies. Kilifi district agricultural of- He revealed that the government ficer Jane Kanamu said that of- is working closely with farmers to ficers often visit the area to give encourage them adopt agriculture as support especially on value ad- a business to make profit and where dition training so that the farm- farmers can access financial services Poverty in Ganze will forgotten if modern farming methods are introduced ers could benefit more. and agriculture Information Services. The Link, September 2012 FARMING 27

Fish business boom a boon for Kilifi women Fish processing By LINK CORRESPONDENT plant underway MORE Kilifi women are resort- in Kakamega ing to fish business owing to the increased supply of fish in the By TITUS MAERO district. PLANS are underway to put up a The women mostly from Kil- fish processing plant in Kakamega ifi town, old Takaungu town and County at a cost of Ksh 70 million Kibaoni in Bahari Division say to cater for the increased produc- that fish farming is a booming tion of fish by farmers in the area. business in the area compared to Fisheries Secretary Professor other businesses in the region. Charles Ngugi pointed out that They say that fish stock in once completed the processing the Indian Ocean has increased plant would have flake and ice tremendously owing to the in- blocks to preserve fish to curb cases of wastage adding that troduction of the modern fishing farmers would also be offered technology by various stakehold- better prizes for their deliveries to ers through local Beach Man- avoid exploitation by middlemen. agement Units (BMUs) that are “For a long time fish farmers training the fishermen along the have been offered poor prizes by beaches. middlemen who have infiltrated The women say that most of the fish sub sector. The plant their customers are students from would offer better prizes to moti- Pwani University College who vate farmers invest in fish farm- are often consuming fish as their ing.” he said. favourite meal. Speaking at the Ministry of Fisheries Development Offices in Mrs Fatuma Hamisi who sells Kakamega, the official noted that fried fish at Kibaoni trading cen- fish farming was incorporated tre in the outskirts of Kilifi town within the Economic Stimulus said that the students preferred Programmer (ESP) in 2009 as a fish because most of them reside short term measure to increase in up-country areas where fish is fish stocks in the country. expensive. Noting that the fish plant is “Our customers are mostly Men at work: Kilifi women are resorting to fish business. viable, Ngugi further said fish from the university college here production in the area had grown who often come to our kiosks to abuzz with activity even late in said. pand their businesses. from 4,000 metric tonnes valued buy fried fish in the evenings,” the night where women at Kwa She spoke as the District Fish- The chairman of the Beach at Ksh 560 million to 12,154 tonnes worth Ksh 3.6 billion and Mrs Fatuma said. Charo wa Mae market also in eries Officer Namwel Onchoga Management Unit Kassim Shali encouraged fish farmers to form She further expressed her sat- Kilifi town have to light lamps to said that his department was edu- said that the organisation is now co-operative societies to market isfaction that through the busi- sustain their business. cating women on how to man- planning to equip fishermen their fish at competitive prizes. ness she had been able to feed Ms Khadija Kadzo said that age their businesses to tap both with fishing gears and boats as The official said the fish plant her family and pay school fees the trade depended a lot on how the local and outside markets. the Kilifi County government is the first of its kind in the area for her children. one presented herself to the cus- Speaking in his office Mr comes into operation. that would serve farmers in West- Mrs Fatuma added that they tomers going to her kiosk. Onchonga confirmed that most Kassim lamented that the or- ern region of the country adding have formed a self help group “Every businesswoman must women engaged in the business ganisation has registered all the that most fish would come from and urged other women to en- try to be clean and presentable to have been able to pay school fees women currently engaged in the fish ponds, rivers, Lake Victoria gage in income generating ac- the customers as a dirty woman for their children without a hitch. business so that they can benefit and Lake Turkana for storage tivities to become economically is a health risk to her custom- The officer further urged the from loans advanced by women while on transit to avoid wastage. empowered and avoid overreli- ers. So cleanliness is the ticketto women to go for loans from the financial institutions in the dis- Ngugi pointed out that the fish plant is timely as the Kakamega ance in handouts. The area is succeeding in this business,” she local financial institutions to ex- trict. Municipal Council is putting up a main market at a cost of Ksh 140 million which would form part of the farmers marketing outlets in- Kakamega leads in fertility rate, says report cluding supermarkets. By TITUS MAERO Machakos women interviewed said women who use contraceptive in the # KAKAMEGA town has the highest long run end up being promiscuous. The SUBSCRIPTION FORM fertility rate, according to a report According to the survey, more compiled by Kenya Urban Health women than men were willing to Reproductive Health Initiative LinkEnhancing governance for all get Family planning (FP) counseling (KUHRHI). after every delivery, and accounted The report reveals that Kakamega for 32 per cent in Mombasa while average birth rate stands at 4.1 per Machakos (56 per cent) compared to Please accept my/our subscription to The Link for the period of ...... months cent with Machakos urban area post- other areas visited. ing the lowest birth rate at 2.5 per The report notes that the pro- dating from ...... to...... cent and that fertility rate falls uni- portion of births delivered by Tra- formly from the age of 30 years. I/We …………………….………………...………………… of P.O. Box...... ….…...... …… A total of 140 households par- ditional Birth Attendants (TBA) remains high in Kisumu, at 15 per ticipated in the survey and repre- Code ……...…… Town …...... ….…..….…Tel No.…….……...... …. Street ...... sents 37,170 persons both men and cent, and in Mombasa 11 per cent. It was found that knowledge of fertil- women. Building ...... Floor ...... Room No ...... Mobile ...... …… The survey was jointly under- ity in all the five urban centres was taken by KUHRH and TUPGANGE minimal. Email: ……...... have paid Kshs...... organizations and mainly targeted The report notes that the overall Kakamega, Nairobi, Mombasa, sex ratio for Nairobi and Kakamega (Attached, please find money order No ...... Kisumu and Machakos urban area. 101 male to 100 female, while Mom- The survey targeted women and basa (99), Kisumu (97) and Macha- Please send me ……...... ………....………..copies per issue every month. men aged between 15-49 years from kos (96) to every 100 women are selected households who were asked slightly skewed in favour of women. Signature and /or stamp of client/:...... …...… Date ...... about their fertility and family plan- TUPANGE is being supported ning backgrounds. by various organizations in its ac- Back issues No/Months: ...... TUPANGE CEO Dr Nelson tivities. They include Jhpiego, Cen- Keyonzo said that 57 per cent of tre for Communication Programme Fill in this form and attach a postal money order of Kshs. 660 and post back to:- women in Kakamega believe that (CCP), John Hopkins University, use of injectables as a contracep- Marie Stopes International, Bills and Institute for Civic Affairs and Development tive could make a woman perma- Melinda Gates Foundation among P.O. Box 7438 - 00200 Nairobi nently infertile while in Kisumu and others. The Link, September 2012 28 FARMING Othaya farmers want Kibaki to improve infrastructure in the area By JOSEPH MUKUBWA at the banks of River Chinga due to lack of bridge and poor road ABOUT 50 tea farmers in Oth- network. aya are calling upon their MP “Most of the farmers here President to lead have suffered from pneumonia them in building a bridge and for many years due to the fact improving the road network in that they sell the tea even late at the area so that they can be able night in an open air place,” said a to facilitate sales and marketing tea farmer Beatrice Wangui. of tea. Another farmer Mbao Much- The angry tea farmers from iri lamented that they have been Matiriongo in Chinga area la- unable to sell other food prod- mented that the tea collection ucts due to the road network centre they built over a decade adding that the Government has ago at a cost of Ksh 0.5 million neglected them. has never been used due to poor “We have now named this road network. area as Kuresoi since it looks like The white elephant project it is a land of forgotten people. at the foot of Aberdare forest is Even Chinga Tea Factory trucks now used as a playing field for have a very big problem collect- children and rearing of livestock. ing green tea here due to poor They now want the President roads,” added Lucy Muthoni. Kibaki to help rehabilitate the The farmers were ferrying tea four kilometers road from the to Mucharage area which is six main road and also built them a kilometers away before building bridge which connects Matiri- one at Matiriongo only for it to ongo and Ngaru villages. Matiriongo tea farmers in Othaya protesting over poor roads and lack of bridge recently. The tea be ignored by Chinga Tea Fac- collection centre behind built over a decade ago has never been opened due to poor road network. The farmers now sell their tea tory due to poor roads. Photo/Joseph Mukubwa Nzoia sugar set for Kilifi residents face famine due maintenance shut down to drought-induced crop failure KILIFI residents are faced with star- By BEKADZO TONDO get better returns but the rains may also dry up as drought bites,” By AGGREY BUCHUNJU vation owing to the prolonged period stopped and the maize withered,” said Wafula. of drought which had affected maize ni in chonyi are hard hit by drought said Mr Washe. The officer said livestock farmers NZOIA Sugar Factory in Bungoma yields this season. since they never experienced any An early warning stages report have been forced to travel long dis- County will shut down early this Kilifi District Agriculture officer rains since the beginning of the year. compiled by the Ministry of state for tances to search for greener pastures month for annual maintenance. Mrs. Jane Kanamu said some farmers Records from the district drought the development of Northern Kenya and water for their animals. Speaking to the media recently the in the area have registered total crop management office in Kilifi indicate and other National Drought Manage- “Right now pastoral families have firm’s Managing Director (MD) Mr. failure after their maize crop withered that over 100,000 in the large Kilifi ment Authority, indicated that the to walk for long distances as they Saul Wasilwa disclosed that the fac- before maturity. district which comprises of Bahari, situation in Ganze and Bamba divi- search for greener pastures and water tory will stop operations with effect She blamed the withering of the Ganze, Kikambala, Kaloleni and Ra- sions has deteriorated in the past few for their lives due to the drought fac- from September 1. maize crop to low rains received this bai have been relying on relief food months due to lack of rains. ing the region,” said Mr. Wafula Wasilwa further disclosed that the year which also came late compared donation from the government and The report signed by the district He said most school children in maintenance period will last for six to the other years. other charitable organizations. drought management officer Mr. Ganze and Kaloleni districts are rely- (6) weeks adding that the first trials “A survey by the ministry of ag- The records show that over the Bethwel Wafula also mentioned parts ing on the school feeding program in- will start in mid-October. riculture shows that maize harvests last three years, the area had not been of Kaloleni district as among areas troduced by the World food program, He was optimistic that sugar bar- are going to be poor due to lack of received adequate rainfall thus affect- worst hit by the drought. government relief food and World Vi- ons will not take advantage of the enough rainfall and thus we antici- ing yields. “Early warning stages survey sion for their survival. temporary closure to hoard the com- pate that more families will be affect- A farmer at Lutsangani in Chonyi carried by our ministry has shown a “School children in the drought modity and eventually increase the ed by hunger,” said Mrs. Kanamu. Mr. Josphat Washe said though he drastic decline in water sources and hit region of Kaloleni and Ganze are price. Rains in the Coastal region are spent over Ksh 30,000 to hire farm- drying of green pastures due to low relying on the feeding programs sup- “I want to assure our customers usually expected during the month of hands to prepare and plant in his four rainfalls thus threatening the life of ported by well wishers as most of and consumers that the anticipated six March, but this year the rains came acre piece of land, there are no re- livestock,” said Mr. Wafula. their families lack food due to poor weeks closure of the factory will not in May and subsided after a short pe- turns to show for his investment. “Water from seasonal rivers has farm crop harvests,” said Mr. Wafula. affect the price of sugar” he said. riod,” said Mrs. Kanamu. “When I planted maize in my dried up and residents are now rely- The MD further assured sugar The officer said areas like Kitsoe- farm, I was optimistic that I would ing on water pans and dams which According to the report the af- cane farmers who will deliver the crop fected areas received rains for an av- to the factory shortly prior to the clo- erage of about 4.2 days in the month sure date that they will be paid their of June recording 33.33 millimeters dues as usual; within thirty (30) days of rains. after delivery. The district Food for asset of- ‘We have put measures in place ficer from the department of drought to ensure that even farmers who will management in Kilifi Mr. Stephen deliver their canes to the factory one Musimba noted that the price of live- day prior to the closure day will re- stock has been going down as major- ceive their payment in time,” the MD ity are in bad shape due to lack of claimed. water and green pastures. Wasilwa consequently urged sugar Mr. Musimba noted in the month cane farmers contracted by the com- of May a sizable goat could fetch pany to remain loyal to the sugar firm about Ksh 2,242 but that has dropped by not selling the crop to other mill- to Ksh 1,949. ers during and after the maintenance He said prices of cattle have also period. been affected from Ksh 14,509 in He claimed that after the main- May to Ksh 12,521 in the month of tenance, the factory is expected to June. increase its crushing capacity by 38 The officer further revealed that percent. the price of 2kgs of maize flour went During the last financial year the up to Ksh 91.8 during the month of factory crushed over 600,000 tons of June from Ksh 83 in the previous sugar cane against the then anticipated month while a kilo of beans on the over 700,000 tons of sugar. Most farmers in Kilifi have registered total crop failure after their maize crop withered before maturity. same month shot to Ksh 94.2. The Link, September 2012 29 FARMING

By JOSEPH MUKUBWA CENTRAL Kenya region farmers Farmers call for transparency in KARI who supply milk to the New KCC factories in the region have written develops new a memorandum to the government privatization of Kiganjo factory outlining their demands before the privatization of the factory. shares subscribed through KCC milk to the dairy calves. the factory is processing less than high-yielding The farmers who recently 2,000 by dairy farmers,” the farm- “The need has arisen for 50,000 liters per day. The New handed over the memorandum to ers added. the New KCC to have a Feeds KCC should open partnership with cashew nut Co-operatives Minister Joseph They added that the employ- Processing Plant to serve the in- milk centres in distribution of pas- Nyaga however wants the privati- ment structure of New KCC at the terest of dairy farmers in Central teurized milk products which will varieties zation to be done immediately and top management levels need to be region,” they added. create other marketing outlets,” made public to the dairy farmers fair and have a representation of They added that in considera- they added. By BEKADZO TONDO and other stakeholders, saying the qualified persons in all spectrums tion that New KCC is expanding Central region comprises of privatization will favour and trans- of the market boundaries of Ken- in Milk volumes, the government farmers from Nyandarua, Ny- THE Ministry of Agriculture has form the livelihoods of the dairy ya. should take urgent measures in in- eri, Murang’a, Embu, Meru and rolled out an elaborate program farmers to modern living stand- The dairy farmers requested stallation, renovations and repairs Laikipia counties which has six that seeks to revive cashew nut ards by creating wealth. that the New KCC should revamp for efficient machineries in major milk collection centres. farming in . They demanded that the milk back the essential facilities and factories such as Kiganjo, Nakuru, The levels of milk production Kilifi District Agricultural processing machine and equip- services that the dairy farmers and the rest which are in Central region which accounts Officer Mrs. Jane Kanamu says ment for the fresh milk that was deserves for their growth such as profitable. to 70 per cent of milk delivered are that the Ministry of Agriculture taken to Dandora in Nairobi to be provision of extension services, “The capacity of Kiganjo fac- from farmers of Kiganjo, Nanyuki, in collaboration with Kenya replaced with a new machine and provision of quality feeds to the tory needs to be upgraded to over Murang’a, Runyenjes, Githumu Agriculture Research Institute installed at Kiganjo factory. dairy cows as well as skimmed 100,000 liters per day. Currently and Kangema factories. (KARI) has developed quick “The Kiganjo New KCC facto- maturing cashew nut seedlings ry has expansive market targeting which guarantee better harvests. small and big towns, institutional She at the same time said consumers (universities, second- that the Ministry had initiated a ary schools, tertiary colleges, pris- series of training programs tar- on and Kenya Police College). geting farmers in the area to help boost their capacity in tending The fresh milk that comes from the crop. Nairobi and sold in Central region Speaking to The Link in must be processed at Kiganjo fac- Kilifi Mrs Kanamu said that pro- tory,” added the farmers. duction had dwindled to pathetic In a six page memorandum, the levels with farmers managing a farmers also demanded that the paltry 4.5 Kgs per plant per sea- New KCC shares need to be sold son which is way below the rec- to the current and producing dairy ommended standards. farmers and not to the old and non She blamed poor yields and existing members. low production to farmers over- “The receivership of KCC 2000 reliance on old age cashew nut by the government through Kenya trees and lack of proper care of Commercial Bank left dairy farm- the plants. “Farmers still relied ers with liabilities running to Ksh on old trees and thus production 540 million which should not has gone down to about 4.5 Kgs be burdened to the farmers dur- per plant per season which is too ing privatization and so the same far much below the recommend- should be waived,” read part of the ed standards,” said Kanamu. memorandum. Mrs. Kanamu said that stud- The farmers added that they ies had shown that a well-tended cashew nut tree could produce as should also be paid for unpaid much as 40 Kgs of raw cashew milk deliveries during the collapse nut per season. The officer said of KCC in the year 1997 to 1999, her office has been training the which amount to over Ksh 12 mil- farmers to prune and spray their lion. old cashew nut trees with pes- “The Government should in- ticides to kill the crop diseases vestigate claims of un refunded Some of the farmers who attended a meeting held at Kiganjo New KCC factory in Nyeri County recently. Photo/Joseph Mukubwa and improve production. “Farm- ers have to prune old trees, clear bushes around the trees and ap- ply pesticides to kill diseases which affect good production of Sugarcane farmers fight cane poaching nuts,” said Mrs. Kanamu. She said that a task force ap- By NYAKWAR ODAWO hind the vice. ness what happened to Pan paper When asked whether the theft pointed by the government four “We are very bitter and tired of Mills Ltd. was an inside job, the commis- years ago to look into cashew SUGARCANE farmers in Busia this mess by a single operator out Meanwhile unknown peo- sioner said it was too early specu- farming in the region had come and Kakamega Counties are up in to kill the region’s only economic ple raided government offices in late adding that investigations up with a raft of proposals to re- vive the crop. The taskforce led arms over increased cases of cane backbone for selfish interests,” Busia and made away with nine have been launched to establish poaching in the area which they computers and central processing by former Bahari MP Mr. John said Jacob Mirimo, on behalf of the truth of the matter. Safari Mumba proposed better claim had led to poor returns from the farmers. units [CPUs] worth thousands of “It is too early to speculate, so ways to manage the crop and their produce. The cane farmers at the same shillings. we are banking on police officers suggested prices that could at- Cane farmers from the two re- time appealed to launch investi- Confirming the incident, Busia to furnish us with full details after tract farmers into the sector. gions now want the government gations into the scam which they County Commissioner Joyce Isia- completing their investigations Kilifi county commissioner to intervene and stop the vice claimed was being spearheaded kho condemned the incident say- into the same,” said Isiakho. at the same time cautioned farm- which had disrupted supplies to by a senior politician in the gov- ing every effort shall be made to The IEBC and the district pub- ers against selling their pro- Sugar, Nzoia Sugar and ernment. ensure those behind the theft are lic health offices lost two comput- duce to middle men who buy Butali Sugar Companies all of Recently Mumias Sugar Com- brought to book. ers and a 6kg gas cylinder during the cashew nuts at throw away which are based in Western Prov- pany announced that it had lost at “No stone will be left unturned the incident. prices and later smuggle them outside at higher rates. “We have ince. least 72,000 tonnes of sugar with- to ensure the suspects are arrest- The County Commissioner at “The government must take ed and charged before a court of local cashew nut processing firm in a span of one year due to cane the same time said she has alerted in Kilifi and coast in general and immediate action to stop cane poaching targeting its contracted law,” said the county commis- all the District Commissioners for the factories to continue op- poaching because the vice had farmers. sioner adding that normal service from Busia County to beef up erating and employ people they not only adversely affected sugar “Cane poaching gives culprits delivery at the district headquar- security in their offices to avoid need to be supplied with enough development and production but a vantage point which can how- ters have been paralyzed by the similar occurrences. raw materials,” said Mr. Mo- also the operations of the most ever result in the collapse of the theft of the gadgets which she The theft of computers at hamed. successful sugar company in the country’s leading sugar producer noted had important information. the Busia District Headquarters The administrator said the country,” said the cane farmers. where we had also invested mil- Among offices affected by comes barely a day after thugs ban on the exportation of raw The cane farmers threaten to lions,” said Mirimo, adding that the incident include the District broke into Teso North District nuts still stands and said the paralyze operations in the region, unless the issue is addressed as a treasury, Independent Electoral Headquarter offices at Amagoro government will crack the whip against those violating the ban to particularly the key roads if ac- matter of urgency, the two major Boundaries Commission (IEBC) and stole computers of an un- tion is not taken against those be- and the Public Health. ensure raw nuts are taken to the sugar companies are likely to wit- known value. local processing firms. The Link, September 2012 30 REGIONAL NEWS IEBC urged to use GIS technology By COLLINS OUNDO layers of infor¬mation. “If you view a onstrated when they participated in void. In essence, even the developed which candidates are on top, but now GIS map on your computer in the case GIS for election seminar organized by countries have shown that a good elec- especially with six positions being WILL the Independent Electoral and of a polling station, you can click on the ESRI East Africa. Speaking at the tion highly depends on the credibility contested, the IEBC must give the Boundaries Commission (IEBC) get the same and get layers of information function Joseph Irura, Programme As- of the human factor despite adoption public a comprehensive, easy-to-un- it all right or should they employ geo- such as number of voters, age different sistant with Institute for Education in of computerized processes. derstand view of incoming tallies and graphic information technology (GIS) and so on.” Everton Namaske, a GIS Democracy indicated the GIS applica- The GIS technology also allows a this can best be achieved on a dynam- to manage the fourth coming general expert with ESRI East Africa. tion will give the public a visual re- custom mobile application which can ic map through the GIS technology.” elections in 2013? Depending on the design of the lationship with election results rather be used to give information on elec- says, Accadius Sabwa, from EASRI The Kenyan presidency has over electronic voting system, the stages than just tabular data. tion progress as it happens. “During East Africa. the past been contested with real of tallying and transmission of results Computers depend on input pro- past elections, as the results came in, However, very few countries have power struggle and indeed the general can be done simultaneously and dis- grammes for given outputs. Any mess they were shared with the public on a fully-fledged GIS technology espe- election in Kenya. Based on the suc- played on flat screen units. The IEBC by a programmer, or corruption of the the country’s public media in a tabu- cially for elections. In Africa, Niger- cessful 2010 referendum on the new interest in the technology was dem- system, makes the GIS technology lar format. But it was difficult to see ia’s Information and Communications Constitution, the roll out of a national Technology (ICT) Department estab- peace initiative and a promising in- lished a well-equipped GIS lab and dependent electoral and boundaries now uses GIS enabled Polling Units commission, many Kenyans remain for departmental map production and convinced that never again will they future administrative boundaries. suffer the kind of mayhem witnessed During the seminar at Hilton Ho- in 2007/2008. tel, Linet Kwamboka, Project Coordi- However, it is widely believed nator Kenya Open Data Initiative and the last polls missed a good aspect of a GIS and Software consultant lauded technology which could have been the the initiative. reason for the malpractices that were She challenged its accessibility cited. So far the IEBC has shown in- to all the stakeholders and members terest in investing in technology to of the public. Ms. Kwamboka also avoid a repeat of the same scenario. asked the IEBC officials at the work- According to Carol Manyange, an shop whether they have the expertise ICT expert with the IEBC, the com- in GIS management to audit and make mission is considering the best tech- sure the system is not tampered with nology to be used to regain Kenyans’ from the time of installation to the confidence in the elector oral process. time of disseminating results. The IEBC has demonstrated a de- Although, elections are largely sirable use of ICTs in registration of guided by law, matters touching on voters, and in transmission and dis- procurement are more of definite play of results in the recent by-elec- choices and less creative options de- tions, although casting of votes and pendent on the availability of funds. tallying are still manual. Electronic But despite this limiting nature and voting is an evolving technology, with working with a largely scaled down slow adoption globally. budget the IEBC must strive to give The Geographic Information Sys- the taxpayers value for their money as tem (GIS) is computer software that well as prove their credibility. links geographic information with de- The Commission, however, prom- scriptive information. With a flat paper ises it will take austerity measures but map “what you see is what you get,” only to the extent that this does not but a GIS-generated map has many A voter going through the Biometric Voter Registration exercise in one of the presidential elections abroad. compromise the integrity of the polls.

Minister to seek ways of withdrawing this bill. Kenya Livestock Producers Association has also raised their voice Farmers reject proposed tax law on this bill and have vowed to protect their members from this legislation. By LINK CORRESPONDENT Value Added Tax (VAT) is a tax The First Schedule however exempt to meet basic nutritional requirements. Through their chairman Mr Ge- on consumption applied to the sale of supplies which have been rationalized By introducing the Bill, the Gov- offrey Gikungu, the association feels The Government has approved the goods and services at every stage of and largely limited to;- ernment had proposed that basic com- that if the bill is passed as presently V.A.T Bill 2012 which proposes a the production and distribution. This (a) Unprocessed agriculture produce modities such as maize and wheat proposed, livestock feeds and other number of changes that will make the means that VAT is not only levied that include unprocessed milk, eggs, flour, milk and cream, sanitary pads, essentials like drugs and chemicals administration of V.A.T more effec- when the good or service is sold to vegetables and tubers fertilizer and other basic goods were would go up in prices and this would tive. the consumer; it applies even in cases (b) Financial and Insurance services to be taxed at 16 percent. This was have dire consequences as most farm- The Bill, which was approved by when a business buys input that goes (c) Medical, agricultural, veterinary, however highly opposed by Kenyans ers would opt out of the business and the Cabinet in February 2012 is await- into the production of the final good nursing and educational services who previously could buy these goods the few farmers left in the trade would ing introduction in Parliament for or service. This leaves the consumer paying without paying taxes on them. be forced to hike their producer prices debate. It seeks, among other things, The changes proposed on the draft VAT at rates of 16 percent on items in- According to East Africa Tax and consequently hurting the majority citi- introduction of 16 percent VAT on bill are as follows; cluding soya, groundnuts and mosqui- Governance Network, the implemen- zens. agricultural inputs, food and pharma- The Nine Schedules in the current to nets which were initially exempted tation of the Bill in its current state The Kenya Small Scale Cereal ceutical items that are basic to the or- VAT Act have been reduced to two from the tax. The VAT Bill also seeks will affect all Kenyans especially the Growers Association through their dinary Kenyan. Schedules in the draft VAT Bill 2012. to remove basic food stuffs such as poor who spend most of their hard vice chair, Mr Justus M Monda said maize, milk, bread and wheat from the earned income to purchase food stuff. that the bill, if passed would deal a current exempt status to be taxed at The controversial Bill is counterpro- death blow to an already struggling 16percent. Pharmaceutical products, ductive to farmers seeking to improve agricultural sector. He said that small farm inputs, textbooks, newspapers, their farming as they will incur extra scale farmers are the majority in Ken- mosquito nets and fishing nets will cost in purchasing farm implements, ya’s agricultural sector and they are also be taxed under this bracket. and agricultural machinery. This will also net buyers and will therefore be The second schedule deals with create a huge impact to the economy hurt twice with the passing of this bill zero-rated items including pharma- as 75 percent of Kenyans rely on ag- in to law. ceutical products, medical, general riculture. The Association asked the legisla- hygiene items and first aid kits some Farmers and agricultural produc- tors to withdraw this Bill and instead of which could be subjected to the 16 ers through the Kenya Private Sector work on ways in which farmers can per cent VAT. Alliance have raised concerns over be given incentives to produce effi- The aforementioned food stuffs these provisions of the Value Added ciently, employ more, advance agri- have previously been zero-rated, Tax legislation bill, 2012. business and ensure food security to meaning that no VAT had to be paid They said this bill comes at a time the nation. They thanked legislators on them. If the VAT Bill is passed in its when the sector is facing challenges who mean well to the sector and who current form they will all be subjected of high input prices which have inhib- are opposed to this Bill. These MPs to 16 percent VAT, a cost that will ited production and high output prices including Dujis MP Aden Duale and most likely be passed directly to the which have lead to food insecurity, Yatta MP Charles Kilinzo have an- consumer. This will be a nuisance for poverty and lack of employment and nounced that they will spearhead middle- and high-income families, but that the removal of zero rating would motions to have the controversial bill will be catastrophic for low-income harm agriculture sector. withdrawn have been praised by these Mr. Duale Mr. Charles Kilonzo families which are already struggling KEPSA is now asking the Finance farmers’ body. The Link, September 2012 REGIONAL NEWS 31 NCIC optimistic about outcome of polls By HENRY OWINO UWIANO, a Conflict Prevention and shows, plays, recording of visual im- munity Peace Dialogues in many parts discrimination targeting women and Response Initiative of NCIC, NSC, ages or provides, produce and direct of the country considered as hotspots. how the same can be prevented from THE National Cohesion and Integra- UNDP, Peace-net which are key the such programmes. Others are present- The feedback has been recorded as a recurring in next and future polls,” she tion Commission (NCIC) is optimistic peace efforts. ing or directing a performance of such success, for instance; Mt Elgon, Sotic/ added. that the forthcoming General Elec- UWIANO ‘S overall objective is a play to the public. Borabu, Garissa, Nakuru, Tana River Kenya Kwanza organization tions scheduled on 4th March, 2013 to provide strategic leadership and co- Commissioner clarified that if all though erupted again but will pay a which campaign towards peaceful and will be peaceful, free, fair and demo- ordination in Kenya’s Peace Agenda. these forms utterances or information visit to calm them down. credible elections in Kenya has been cratically transparent. The main of objectives of the organi- are used with an intension of threaten- The fourth plan and strategy in- brought on board as the fifth strat- The Commission says objective zation is to build partnership at all ing, abusive or insulting or involves volves capacity building of institu- egy. The NCIC Commissioner said and purpose of its establishment was levels, strengthen early warning and the use words likely to stir up ethnic tions, working in peace and recon- the organization is well-known as a to promote peaceful co-existence be- early response mechanisms, establish hatred then it is referred as a hate ciliation sector through training. The national campaigner to bridge ethnic, tween different ethnic groups. a solid foundation for national cohe- speech. NCIC officer observed that sustain- racial, religious and class divides so It was established in Kenya sion and integration for a peaceful and Fatuma said any person who com- able peace requires the full partici- that Kenyans can inculcate tolerance, through Act of Parliament, the Nation- prosperous Kenya. mits an offense under this section shall pation of women at all stages of the acceptance and strength each other in al Cohesion and Integration Act 2008, “With regards to women, it is nec- be liable to a fine not exceeding Ksh peace process. She regretted most their diversity. number 12 of 2008 enacted after the essary and important to establish a 1million or to imprisonment for a term have been largely excluded from for- Other objectives of Kenya Kwan- 2007 post-election crisis and the sub- Monitoring and Response system to not exceeding three years or to both. mal efforts to develop and implement za campaigns are to; promote respon- sequent political coalition of PNU and specifically monitor violence against “We have partnered up with the fresh, workable solutions to seeming- sible citizenship by placing service ODM negotiations. women during elections as they are Kenya Police in monitoring hate ly intractable struggles. before self, foster a national unity and Therefore, the Commission’s key easy targets or vulnerable group,” she speech to ensure that persons perpetu- Women involvement is essential in identity by recognizing and respecting mandate is to facilitate and promote said. “The commission track real-time ating hate speech are brought to book. these mechanisms as a good gesture diversity, ensure delivery peaceful, equality of opportunity, good rela- incidents of violence against women Women have been targeted for hate of conflicts prevention, stops war, and safe and credible elections. tions, harmony and peaceful co-ex- through trained volunteers”, Fatuma speech by male political candidates stabilize regions demand for warfare. The seventh strategy is holding istence between persons of the differ- added. in the past but this time round we are “For example; in partnership with meetings and conferences or work- ent ethnic and racial communities of The second plan and strategy for monitoring,” Commissioner Fatuma UN Women, we have trained women shops with political parties’ officials, Kenya and to advise the Government NCIC is strict enforcement of hate cautioned. and youth in seven counties in peace aspiring candidates and members. on all aspects thereof. speech that includes a person who The third plan and strategy for building and conflict resolution,” Fa- The commission says this is important The Commission, headed by Dr uses threatening, abusive or insult- NCIC is to enhance intra and inter- tuma pointed out. “The training was because it is well known that election- Mzalendo Kibunjia, is pejoratively ing words or behavior or displays community peace dialogue which the with a particular focus on violence related violence starts at the time of referred to as ‘‘hate speech commis- any published written material and commission has facilitated. Fatuma against women during election, identi- party nominations. sion’’ may be due to the high profile distribute. It also involves distributing stated they have come up with Com- fying forms of gender-based violence, To that effect, NCIC conducts fre- politicians and musicians it has taken quent workshops with political parties to court over hate speech. to sensitize them on need to include Kibunjia has expressed his fears issues of peace in their policies and for the recent spate of violence which campaigns strategies and inculcating rocked the Coastal and Eastern and equal opportunities for all aspirants. North Eastern regions. He said if the “So far we have talked with 51 problem is not resolved now, it might leaders of registered political parties be worse during general elections. and they have signed declaration to According to Commissioner, Fa- infuse and uphold national integration tuma Hirsi Mohamed, the commis- principles into their party policies and sion is developing various strategies campaign strategies. We are hopeful and initiative to respond to ethnicity, that this will lead to a peaceful elec- discrimination, and inequality as an tion devoid of hate speech and rich initial effort towards a more harmoni- in inclusivity, national cohesion and ous to have integrated Kenya society. integration as well as deepening de- She said to achieve its mandate the mocracy,” Fatuma NCIC Officer, en- commission has put efforts towards thusiastically stated. capacity development to respond to The National Cohesion and Inte- these challenges. She added such in- gration Commission believe that the ternal capacity, partnership develop- Kenyan Woman occupies a unique ment and outreach strategies are of position in society. Potentially in essence. peace process women’s participation Fatuma was addressing women in all spheres of decision making is aspirants and during regional dialogue crucial in ensuring a peaceful Kenya on women political leadership confer- at all times. ence held at a hotel in Nairobi where The Commission is therefore call- she represented the commission. ing upon all security organs in Kenya Fatuma highlighted six major and institutions with the direct over- NCIC plans and strategies for peace- sight role for protecting and promot- ful elections in 2013 that is just six ing the rights of citizens to be vigilant. months away. The first being col- This should start now through elec- laborating with its sister organization, Mr. Kibunjia, Chairman, NCIC tioneering period and thereafter. Inmates unite to fight gender violence By DIANA WANYONYI The project is a joint initiative of be able to play a big role in the com- change out of prison. That is why nity in order to provide men with the Pwani Gender Based Violence Net- munity by changing victims of the we gave them Badilika platform that opportunity to change not for their MALE sexual offenders at Shimo La work with an Australian researcher, GBV,” said Betty Sharon. will enable them to change on their own purpose but also for the safety Tewa Prison and Boston Institute at Dr. Chris Laming from University way of life and behavior.” She finally of women and children. Moreover, Shimo la Tewa Rehabilitation Centre of Monash, under the secretariat Discrimination said. the big winner here is the children, are spearheading initiatives to help of Coast Women in Development According to Betty Sharon, victim- The project seeks to push for they need positive role models that fight against Gender Based Violence (CWID), chaired by Betty Sharon. izing the inmates will not be able to change among the abusive or violent will enable them to grow up in an (GBV) in the Coastal region. Pwani GBV Network is the first transform their behavioral change. for women and children, and make environment where they don’t see Badilika a Swahili word mean- of its kind in the country to be formed “Inmates are also human be- abusive men accept their offenses sexual violence or physical violence ing “Change”, is the name of the to help victims of Post-Election Vio- ings and we should not discriminate and take up the challenge hence pre- by men to women”, uttered, Dr. project that was agreed upon by the lence (PEV) who suffered both phys- against them. There is need to find vent further damage to their partners Laming. inmates. The initiative will push for ically and psychologically due to the ways of integrating them back to or children and the society. Although he is optimistic that inmate’s behavioral change, partici- vices inflicted on them by providing also make sure they do not indulge the programme will take time to be patory learning approaches and out- legal support and counseling. in the vice again as well as to make Rehabilitation practiced in the country, he however reach programs that will give them “During our visit to Shimo la them be the ambassadors of GBV Dr. Chris Laming a researcher from blames the justice system for dragging platforms to speak openly about their Tewa Main Prison, we found out change.” University of Monash has however cases in courts saying it has greatly in- behavior change. that 30 per cent of the offenders are “In Kenya, Sexual Offenders challenged prisons department in the fluenced prisoners’ behaviors. Badilika club is comprised of 19 convicts of Sexual Gender Based are forgotten and their whereabouts country to introduce rehabilitation “Those who are victimized the inmates who are engaged in a cam- Violence (SGBV). In addition, out of are unknown once they complete programmes for guiding and coun- last thing they need is to be further paign that targets the young and old 19 sexual offenses cases, 12 of them their jail terms. This makes it easy seling sexual offender inmates. victimized, the justice responses is against the vice. were defilement cases. There is need for them to revert to their past prac- “Local prisons need to have re- slow with cases there is less chance to listen to them and accept them in tices. It is also not easy to approach habilitation programmes both inside of men to change quickly on their Initiative the community, and then they will these sexual offenders for behavioral the prison as well as in the commu- behaviors,” he added. The Read The Link monthly for issues affecting LinkEnhancing governance for all communities across Kenya The Link, September 2012 Kenyans urged to rise up against defilement of the new constitution By LINK CORRESPONDENT Further, the requirement of public participation is constitutional require- THE Civil Society has called Kenyans ment under article 10(2). to be part of a silent march to protest the mutilation of the Leadership and (d) The Bill does not effectively en- Integrity Bill 2012, and to drum up force ethical behavior as it fails to support for efforts to protect chapter provide mechanisms for anti-corrup- six of the constitution. tion commission to prosecute breach This had been preceded by Social of Chapter Six where the Director of media campaigns carrying out Civic Public Prosecution fails to do so; Education, educating the public on Chapter 6 of the Constitution and The (e) The Bill in its current form will Leadership and Integrity Bill 2012. allow for conflict of interest to be The campaign was also used to reach perpetuated by public officials; by re- out to Legislators and media houses to stricting the award of public procure- discuss the effects of watering down ments to spouse and children only, it the Integrity Bill. allows, implicitly, state officials to award tenders to siblings, friends and Background other acquaintances, a practice that Forty nine years ago, our forefathers may allow corruption to thrive. brought forth a new nation conceived For the provisions of Chapter 6 of on the notion of justice, equality and the Constitution to be met and given propagating the ideals of eradicating the influence (and power) that state of- poverty, disease and illiteracy. The ficers hold, it is paramount and abso- gallant efforts of our nation’s found- lutely necessary that state officers be ing fathers and mothers cost them subject to strict and rigorous process their lives, liberty and property. of recruitment, appointment and con- The achievement of the ideals for tinuous monitoring. which our founding fathers lost their lives, limbs, freedom and property The Leadership and Integrity Bill primarily rests on the people of Kenya 2012 as amended by the cabinet will and their leaders; it is indeed para- Parliament Buildings: This is where the Bills are passed. not achieve this result. In addition, a mount that our leaders demonstrate weak legislative framework for vet- their commitment to these ideals by try of Justice, National Cohesion and men and women of integrity ascend to ment or election into public offices; in ting such as the Leadership Bill will embracing accountability, ethical Constitutional Affairs. leadership positions in this country. the circumstances, there is a real risk mean that Kenyans will resort to court leadership and responsiveness to the The draft was then reviewed by Among the concerns that are fore- that personal integrity will not be a re- to enforce compliance with the Con- needs and aspirations of the Kenyans. Commission on the Implementation most in the mind (and lips) of Ken- quirement for the said candidates. stitution, a process which is undoubt- Two years ago, Kenyans sought of the Constitution and upon being yans are: This poses a significant risk that edly tedious, lengthy and costly. The to inject the ideals of accountability, satisfied that it established ways of persons who have wronged the public foregoing defects can be cured by re- integrity, openness and dignity into giving effect to Chapter Six of the (a) The Bills fails to take into account may end up being appointed or elected instating the provisions of the Bill that leadership by enacting the Constitu- Constitution, passed it over to the At- representations made by Kenyans in position in public service; were removed by the cabinet. tion on Kenya 2010 and in it included torney General and Ministry of Justice through petitions and memoranda and The civil society now wants Mem- Chapter Six which sets out the mini- for tabling before the Cabinet prior to as such, it detracts from a fundamental (c) The Bill does not provide mecha- bers of Parliament to reject the Bill mum standards that those aspiring for publication. national principle of public participa- nisms for the public to input and that was tabled in parliament and re- or holding public offices must satisfy. Short-comings in the published tion as required by article 10(2) of the participate in the vetting process of introduce the clauses that had been de- To give effect to and expand on the Leadership and Integrity Bill. Constitution; candidates for public offices; the re- leted by the Cabinet. Let us safeguard provisions of Chapter Six of the Con- The Bill that was published fol- quirement of public participation in the future of Kenya by ensuring that stitution, the Leadership and Integrity lowing the approval by the Cabinet (b) The Bill fails to provide for proc- vetting is paramount-after all, the per- the Leadership and Integrity Bill sets Bill was drafted in early 2012 follow- contains fundamental flaws and as ess of vetting of persons offering son is offering himself/herself to serve integrity and competency standards ing consultations facilitated by Minis- such is incapable of ensuring that only themselves as candidates for appoint- the public and not power to rule them. that Kenyans expect of their leaders. Varsity chancellor tips the youth on self-employment By TITUS MAERO and certificate courses saying the pro- students, parents and sponsors an op- tions to set up campuses in Kenya to (ICT) revolution has created end- posal was misplaced and lacked merit. portunity to learn about the available absorb the growing number of quali- less opportunities for the youths as THE Mt. Kenya University Chair- “The call is basically ill advised learning and training opportunities fied students locked out from local they can access important informa- man, Mr. Simon Gicharu, has chal- and retrogressive. Universities are found in various learning institutions. institutions. Gicharu said foreign uni- tion for the innovations. lenged the youth in the country to supposed to be universal. They are He said such exhibitions also help versity’s presence in Kenya should be He said there is need for univer- come up with ideas that can propel expected to offer training opportuni- potential students learn about avail- encouraged as it allows cross breeding sities to revise their training curricu- them into gainful employment. ties to all deserving Kenyans includ- able scholarships, visa application of intellectual ideas, research findings, lar to make it more relevant and re- Gicharu said youths account for ing those who never made it through procedures, accommodation as well sharing of synergies in different disci- sponsive to the needs of society by a large population in the country formal education,” he added. as cost of living in general. He regret- plines and the best practices. tackling emerging issues. He noted with most of them having gradu- The official said the University ted that less than a quarter of the total The Chairman said there should that there is need to invest more ated from Higher learning institu- was currently targeting local herbalists KCSE examination candidates get be concerted efforts to help university in research. Gicharu said through tions but majority still remain un- in a bid to increase their capacity and admitted to local universities per year. students think beyond graduation. He research students can gain the lat- employed. He at the same time took commercialize their herbal medicine The official observed that young said there is need to inspire the stu- est knowledge and skills for them issue with the Education Task Force products. Kenyans are yearning for higher edu- dents with innovative ideas to become to adequately contribute to nation Report which proposed that univer- Gicharu praised education exhibi- cation but the opportunities are lim- job creators. He observed that Infor- building and live productive lives in sities should stop offering diploma tions saying that they give potential ited and called upon foreign institu- mation Communication Technology order to better their livelihoods.

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