The SPECIAL REPORT NEW ROADS — Pages AUTHORITIES 14 & 19 SUPPLEMENT Enhancing governance for all Link PARTNERSHIP FOR — Pages JUNE 2010 Issue No. 068 Kshs 40/= PEACE PROJECT 15 - 18 Inside Thousands denied

HELB loans extended to Kenyans their voting rights studying in Immigration ministry on the spot over delay in issuance of ID cards East Africa By FAITH MUIRURI - Pg 5 YES NO S Kenyans inch closer to getting a new con- stitution through a ref- Judges erred erendum, details have on Kadhi’s Aemerged that tens of hundreds of potential voters will not partici- court - Pg 8 pate in the historic event due to lack of identity cards (IDs). Information available from the directorate of registration of persons indicates that a total ADB, EU to of 965,658 applications are still fund - pending. Among the hardest hit are new road applicants who have been con- signed to a dull oblivion as they - Pg 21 wait for their IDs which are not forthcoming over the last five months. This is despite assurances that Civic the processing of new applications will take only 18 days in , educators 28 days in other areas and 38 days in Arid and Semi Arid areas. And express the same applies for the replace- concerns over ment of lost Identity cards. However, the scenario on the their security ground is a far cry from the serv- The divide between the ‘YES’ and ‘NO’ camps on the constitutional referendum ice delivery charter displayed at - Pg 29 continues to widen and the controversial decision by the High Court to outlaw Kadhi the Ministry of State for Immigra- courts, promises to increase the gap separating the ‘GREENS’ and the ‘REDS’. tion and Registration of persons. In various registration centres across the country, thousands of new applicants hang onto slipping Human Rights witnesses critical to Ocampo’s success hope as days turn into months of waiting. By TENNILLE DUFFY to the Witness Protection Act. Moreno-Ocampo has said he Peter Kamau from Murang’a Government failure to act threatens will try for an expeditious District says that he has been The role of human rights defenders to undermine the ICC investigation investigation with a focus on seeking for an ID over the last as witnesses in the International because witness risk could deter those most responsible. He has five months. “But I am yet to get Criminal Court’s (ICC) investigation testimony. also spoken of witness protection Months of diplomatic wrangling an ID and now I have missed out into ’s post-election violence and the duty of both the ICC and on the opportunity to participate of 2007-08 is critical to any hope of ended recently with the decision the Kenyan government to protect ultimate prosecution, but protection that the International Criminal Court them. in the forthcoming referendum,” of those witnesses has not been (ICC) will now open an investigation There is, of course, cause for he laments. treated with corresponding gravity. into the post-election violence more than concern when it comes As if that is not enough, new Recent violence against human that rocked Kenya in 2007-08. An to the safety of witnesses in applicants are being confronted rights defenders combined with the advance team has already started Kenya. There have been all-too- with a number of conditions expected political fallout of the ICC laying the groundwork in Kenya frequent reports of witnesses to which they must fulfill even be- prosecutor’s allegations underscore and the ICC prosecutor will start the the Waki Commission, and those fore they can be allowed to fill in the serious need for an effective formal investigations this month. who have simply reported crimes the ID application form. witness protection plan. Such a plan Now that he has been authorised For a new ID, applicants re- Mr. Ocampo has not been realised, despite reforms to investigate the violence, Luis Turn to Page 2, Col. 1 Turn to Page 2, Col. 1 The Link, June 2010 2 GOVERNANCE

From page 1 lected in various centres in the country. quire a Birth certificate, school Nairobi has highest number of Potential voters cry uncollected ID cards at 69,353, leaving certificate, medical age assessment certificate, and a -let Rift Valley follows, 58,625,, ter from the provincial adminis- Nyanza 50,389, Central, 39,847, tration to ascertain their names, Western, 26,765, Coast, 26,164, background, age and place of foul over lack of IDs Eastern, 25,908 and North East- birth. ern, 4920 Information available at the In Murang’a, the number of Immigration department indicates registered voters fell short of the that in addition to the above docu- target, with Kangema constitu- ments, new applicants will have ency managing to register only to produce a parent Identity Card, 37,700 voters out of the project- especially if you are a Kenyan by ed figure of 47,000 voters. birth. However, those who are regis- Kenyans by registration or natu- tered 82,000 people as voters out ralization are required to produce of the targeted figure of 106,000 a Certificate of registration. and Mathioya got 41,000 out of According to the deputy regis- the projected 60,000. trar of persons at the Kibera DO’s Officials say that the short- office, Catherine Mwangi, those fall was exacerbated by large who do not have the specified number of uncollected identity documents are barred from filling cards in all the districts. in the application forms. In Murang’a East district, the But for Veronica Akinyi, the office of the Registrar of Persons documents are just not available. had more than 4,000 uncollected She says that she has been seek- identity cards while in ing the vital document over the there were over 2,000. last four months in vain. However, the IIEC insists that Akinyi, 19, is an orphan and it is within the requirements of does not have some of the docu- an international convention of ments required for registration. Kenyans displaying their ID cards after long waiting. electoral matters that says that She lost her mother at the age for a referendum to be credible, of two years and she has been un- electronic voter registration in the In Funyula, the constituency replacements and majority only two-thirds of eligible voters able to trace her birth certificate area due to lack of national ID electoral coordinator Bernard have waiting cards. must be registered. and the death certificate for her card as Interim Independent Re- Chienga laments that most of “While Interim Independent In 2007, 14 million Kenyans late mother. Officials at the Kib- view Commission (IIEC) on other the youth had failed to register Electoral Commission (IIEC) were registered as voters against era DO’s office where she has hand insists that voters must have as voters due to lack of ID cards. insists that voters must have an a potential of 18 million eligible been seeking to be given an ID an ID card or a passport to be reg- “We have many youths who do ID card or a passport to be regis- voters. So, what the Electoral insist that she will not be allowed istered not have identity cards and so tered, most of these victims who Commission did was to use the to apply for the ID unless she has “I am disappointed. An ID cannot register as voters,” he live in camps have yet to acquire lower limit to set their 10 million supporting documents to ascertain would have accorded me an op- says, adding, only 26,000 voters the docs,” adds the chairman of voter target. her name, age and place of birth. portunity to vote in the new con- had registered against a target of the Kenya Internally Displaced The 10 million plus IIEC has “They have been asking me to stitution which to me represents 38,000. “It is also sad that most People Association (KIDIPA) registered comprise just part of get a letter from the chief in our a fresh start and a new phase women in Funyula do not have Charles Kariuki in an interview the 18 million it is targeting for rural home in Bondo but I was for the youth of Kenya who live ID cards,” he said. with The Link. the 2012 General Elections. In born and brought up in Nairobi through its goodness and chal- Applicants seeking replace- Also set to miss out on the 2007, there were at least 19.8 and I have never set my foot to the lenges. ments have not been spared ei- exercise are individuals who are million people holding ID cards place where they are referring me And the two cases typify the ther. They include thousands of yet to collect their Identity cards. and eligible to register to vote. to,” she reveals. hurdles new applicants routine- poll chaos victims who lost vital Data available at the Ministry of Census figures to be released She says that she has been ly undergo before they can get documents at the height of the Immigration indicate that about later this year will give a clearer locked out of the just concluded Identity cards. skirmishes. They are yet to get 301, 971 are still lying uncol- picture of how this has changed. Human Rights witnesses critical to Ocampo’s success From page 1 day investigation in Kenya. There has already said it will meet with witnesses and the investigators. organisations, as well as the ICC team. to the police, being threatened. can be little doubt that their deaths organisations such as the Kenya The mechanisms of the ICC are Reports note that security has been Numerous people have left the were linked to the information and National Commission on Human also insufficient to protect human established for Moreno-Ocampo and country, too afraid for their own allegations they had published, and Rights and the Kenya Human Rights rights defenders. The court has a unit his team as they travel throughout lives and the safety of their families the assistance that they had provided Commission during the course of devoted to the needs and protection Kenya, but it is not apparent that to stay in Kenya. The killing of a to Alston. investigations. With no arrest for the of victims and witnesses but it states this is for the protection of both the witness’ cousin was reported earlier With the impending investigation murders of the two men during the that the protection of people such investigators and those citizens who this year. And while parliament has of the ICC, however, the stakes are special rapporteur’s investigation, as human rights defenders is the assist them. Finally, in the event that recently passed amendments to the much higher for some in power and other human rights defenders responsibility of the state. In the case there are reports of harassment or Witness Protection Act, they have than when the special rapporteur having left the country, who then, of Kenya this is something that the threats as the ICC process unfolds, not yet begun to fix the inadequate visited Kenya in early 2009. It is will ensure that the people who government has, thus far, absolutely there needs to be swift and decisive protection program. The debate over clear that the prosecutor believes speak out this time are protected? failed to do. Even if the current bill action by way of proper investigation who can and should protect witnesses he will be able to collect sufficient The definition of a witness becomes law immediately, new and consequences for those found to who give evidence in the course of evidence against a number of people in Kenyan law – including in procedures and processes take time have interfered with the law. Moreno-Ocampo’s investigation to prosecute at least two cases. the bill that is currently awaiting to become properly established – and In this investigation the human and possible prosecutions fails to What will be a vital part of the ICC presidential assent – extends only the ICC team has landed in Kenya. rights defenders of Kenya will likely consider another, vital group of investigation – as it was also for the to cover those persons required The authorities need to start the be essential intermediaries; without citizens who will be involved in this special rapporteur – is the assistance to give evidence before a court, process of full and proper protection the information they have from process – human rights defenders. of human rights defenders and their tribunal or commission. There is of both witnesses and human rights their own investigations and the Kenya has already seen the organisations. also provision to protect persons defenders now. Regardless of the assistance they provide to witnesses, slaying of two such citizens: Many people do not report related to witnesses, those who status of the bill, the government Moreno-Ocampo’s task will be much Oscar Kamau Kingara, of the the simplest of crimes or seek the might be in need of protection should publicly state its commitment more difficult, if not impossible. Oscar Foundation Free Legal Aid assistance of police in Kenya – because of the evidence given by a to the ICC investigation in general, Human rights defenders should not Clinic, and his colleague John Paul distrust and fear runs deep. Add to witness and any other person who as well as to the specific issue of be silenced, nor should they be left Oulo in March 2009. The clinic this the involvement of police in may require protection for reasons protection. Those in power need to to face the threats, intimidation and had published reports on police the post-election violence and it seen as sufficient by the director publicly declare that intimidation, danger that could follow. violence and abuses, and those is not surprising that the country’s of the Witness Protection Agency, threats and harm to those who assist Tennille Duffy is the programme men had cooperated with Philip human rights institutions are countenanced in the new bill. Yet this the investigation will not be tolerated. officer for Access to Justice (East Alston, the UN special rapporteur some of the main repositories of is clearly not enough to even seek Words, then, need to be supported by Africa), Commonwealth Human on extrajudicial, summary or complaints, witness details and other to cover in law those persons who action – the government needs to put Rights Initiative. arbitrary executions during his ten- evidence. The team from the ICC are not witnesses but rather assist its support behind the human rights The Link, June 2010 EDUCATION 3

that some schools especially boarding Gusii schools schools might be forced to increase fees schools to undergo in order to cater for the escalating food increase fees prices. Our independent investigation also reveals that no secondary school in By BOB OMBATI forensic audit to be known soon Bungoma south District has increased fees this term. We have, however, since By AGGREY BUCHUNJU will report to his office and request for the schools that are being targeted by established that most secondary schools SECONDARY schools in Gusii region vehicles to take them to the targeted the Jogoo House officials. He promises have increased fees to ostensibly reflect and even primary schools in the area schools. to disclose the schools after the minis- did not close for the Easter holiday the prevailing economic conditions in SCHOOLS in Bungoma South Dis- The DEO, however, admits that try officers completes their work. About the country. trict which are targeted in an expanded but continued with tuition to allegedly some officers from Jogoo House have fee increment in secondary schools the cover the syllabus. A spot check by The Link estab- forensic audit exercise are yet to be already reported to his office and had DEO, is emphatic that no school in his lished that Sameta High school in known. The District Education Officer Consequently, parents were asked gone to the field on routine inspection area of jurisdiction has increased fees. to pay extra money ostensibly to cater has increased fee from (DEO), Mr. Japheth Shitubi, says that of schools. Mr. Shitubi quickly points Mr. Shitubi says that fee increment Kshs20,000 to Kshs25,000 in sharp the exercise is normally handled with a for the teachers’ tea and students meals out that the officers have nothing to do in all public secondary schools must be which were reportedly not budgeted for contrast with approved guidelines by lot of confidentiality. with the forensic audit of funds for the sanctioned by the District Education the government. The school’s Princi- in the institutions’ initial budgets. Mr. Shitubi claims that auditors education sector since all of them are Board (DEB) where he is the secretary, pal, Fred Leo Sunda says the increment from the headquarters do not give prior The schools were charging between is not part of the fees but a levy agreed from Ministry of Education. and adds that as far as he is concerned Kshs.800 and Kshs.1500 for the three notice when they want to visit districts About 220 auditors mainly from no secondary school has increased fees. between Parents Teachers Association to inspect schools. “We will only know weeks holiday coaching. There were ( PTA) and the school’s board to raise ministry of finance have been deployed “So far no secondary school in my no complaints since parents were con- the schools and the officers’ agenda to carry out forensic audit exercise on area of jurisdiction has sought permis- money for the institution’s short and when they come,” the DEO says in tented with the levies arguing that the long term objectives. about 20,000 primary and secondary sion of the DEB to increase fees for amount is within reach and that holiday an interview with The Link. He, adds schools country wide. The district edu- whatever reason,” the DEO says. Sunda says that besides the general that, if they happen to come, then they coaching has in the past born fruits. development like buying generators to cation boss, however, declines to name However, the DEO, points outs complement erratic power supply, par- ents pay Kshs.1000 as motivation fee for teachers who sacrifice their time to bursary offer tuition to students during preps. He says that the school requires a fund enables generator and parents agreed that each will pay Kshs2000 towards the project. student to complete He however says that the money will be paid in bits until they complete the pay- school — Awich ments to facilitate the purchase of the generator. By JONES MAGARE The principal says that some schools charge up to Kshs100,000 and Although the government Bursary scheme wonders why parents in the region cry has contributed 50 per cent towards the wolf with the little increment meant to retention of beneficiaries in secondary buy things to help their children per- schools in Muhoroni District, recent de- form well in national examinations. lays in the disbursement of funding threat- The Principal observes that schools en to derail programme. in the region will continue performing In an interview with The Link, dismally in national examinations, add- Bursary Commit- ing some of the people who complain tee (MCBC) secretary Joshua Awich says loudest have enrolled their children that through the bursary scheme, each stu- in schools outside the country and are dent receives a total of Kshs12,000 every only keen in advancing their selfish in- year, which in the case of boarding schools terests. caters for half of their school fees. “Some parents are very eager to Under the scheme, Awich explains that shout when schools perform poorly students receive Kshs8,000 each in the while they rejoice after their children first term and another Kshs4000.00 in sec- perform well in the diaspora where they ond term. The secretary says since the av- invest thousands of shillings for their erage fees in boarding secondary schools education without raising an eyebrow,” is Kshs25,000, the amount disbursed he adds. through bursary is able to meet about half At Nyanchwa mixed High school, Secondary school heads in a retreat seminar in last year. Photo/File the cost of the total school fees. the story is similar. The school man- “Bursary therefore contributes to a agement has not increased school fees very large extent in the retention of both but is charging extra levies to allow the total and partial orphaned students in sec- school to implements projects which ondary schools. Funds from the scheme the principal Timothy Oboso says will Teachers decry delay in release meet half the boarding fee charged for be beneficial to the students. each student”, Awich says. Kisii Central Education Officer in Awich says the retention capacity of charge of Examination, Jason Achika of Free Secondary Fund the bursary scheme has enabled hundreds concurs with the Principals, saying of thousands of orphaned students in they cannot increase fees without au- By NYAKWAR ODAWO dents who are unable to pay their school the school heads to overburden parents Muhoroni constituency to access second- thority from the government. He adds fees. Majority of them say that the cir- by charging extra fees, adding that they ary education. that whatever is charged as levies is a cumstances dictate that they remain strict should restrict themselves to the recom- The bursary scheme plays a very signif- local arrangement with the parents to SECONDARY school heads in Busia icant role in increasing access to second- district have expressed concern over the as far as the payment of school fees is mended fees guidelines from the minis- improve facilities in the schools. concerned as schools cannot operate ef- try. ary school education for disadvantaged Achika, says that the government delay by the Ministry of Education to re- students such as orphans, Awich says. lease funds meant for the free secondary fectively without funds. “Stern action will be taken against issues fee guidelines for each school “The schools have been receiving in- school heads who have failed to operate He says the scheme has also enhanced based on respective categories. “Be- education. access to education for majority of stu- A spot check by The Link estab- adequate funds for the free secondary ed- within the recommended fee guideline sides the Kshs10,000 the government ucation since the year begun, a situation from the ministry,” warns the DEO. dents from poor families in Muhoroni and offers each student, schools charge lished that secondary schools in the dis- elsewhere in the country. trict were grappling with huge financial that has compelled us to send the students The secondary school heads also ex- boarding fee and other expenses sepa- home for school fees as the school cannot pressed concern over the high shortage Awich says wider student access to rately, leading to disparities in fees by deficits occasioned by delays or megre education through the government bursary allocations which were not enough to operate effectively without funds,” one of of teachers in the district, a situation they each school,” he explains. the secondary school heads said. said has led to dismal academic perform- scheme has significantly reinforced on The officer further reveals that sustain students in schools. the governments Free Primary Education In one of the schools whose student The school heads appealed to the ance in national examinations. schools in the area have not received Ministry of Education to allow them to The data availed to The Link shows (FPE) scheme aimed at achieving univer- the Free secondary Education Funds, population currently stands at 750, only sal education and the United Nations Mil- Ksh3,078 per student for the free second- discuss with parents and persuade them that Busia district has a total of 1017 and attributed the delay to logistics to agree to pay extra cash in order to bail primary teachers with a shortfall of 354 lennium Development Goals (MDGs). which were being addressed by the ary education was received during the He says the bursary scheme builds first term this year. The school is yet to the schools out of the financial challenges teachers whereas secondary schools has a ministry. they are facing currently. shortfall of 220 teachers. upon one of the UN Millennium Devel- He points out that little develop- receive the remaining Kshs7,187 that had opment Goals, which is to ensure that by been budgeted for each student under Majority of parents who talked to The District Education Officer on his ment funds levied by schools are not The Link appealed to the government to part blamed the Teachers Service Com- 2015 children everywhere, boys and girls likely to affect retention of students in subsidized programme at the beginning alike will be able to complete a full course of the second term in May. honour the pledge it had made in regard mission (TSC) for the shortage saying schools as most parents are willing to to the provision of the funds as children they are taking too long to replace those of primary schooling. The UN MDGs pay the money. In another, the school principal has include a commitment by member and been forced to cancel orders and cut on have been forced to stay out of school due who have either died or retired after at- David Nyang’au who has a child to their inability to pay the extra levies be- taining the mandatory retirement age. signatory countries to achieve universal in a secondary school admits that the the operational costs after receiving only education, gender equality, improved Ksh2,010 in first term this year with a ing charged by most secondary schools “The shortfall of teachers has forced increment is justified so long us the in the district. the schools concerned to employ form child health, maternal health, combat HIV/ money is used to motivate teachers and deficit of Ksh8,255. AIDs, put in place programmes for envi- The school heads say that they have However, contacted for comment, four leavers to assist the few teachers buy some equipment to help students Busia District Education Officer Mr John available to reduce the workload,” he ronmental sustainability and those that will perform well. been forced to revert to stringent meas- ensure global partnership. ures which include sending away stu- Owino maintains that it is an offence for said. The Link, June 2010 4 EDUCATION

N as much as we may not be having adequate public learn- ing institutions in Kenya that can serve all our children, the The need for quality Iyouth and adults, as responsible citizens , we have a duty to inter- rogate what goes on in our schools, particularly in the low-cost private institutions of learning at all levels. assurance in schools In the urban informal settle- ments, there are many Early Child- some pupils not performing well sic teaching and learning materials the purpose of advocating for qual- in the primary schools – both at the often lack in some of these schools. ity education for all. The Citizens hood Education and Development COMMENT (ECED) institutions that serve chil- lower primary and upper primary – Some of the teachers at this level must demand accountability from dren below the primary school go- is to an extent contributed to by the are form four graduates who use all Lead Education Stakeholders; ing age – many of which are private- poor foundation we lay at the ECED the same notes they wrote when Government, Civil Society Organi- ly owned. Some of these institutions level. Since we often get it wrong By DON BONYO they were students to teach; It’s no zations and the Private Sector. have high enrolments with many at this lower lever, we spend more wonder the teachers carry along In our major cities and towns, children crowded in small rooms and extra time and resource to get it old exercise books – dubbed lesson there are many private colleges that of sizes below the recommended right at a higher level. have well trained teachers and re- notes – to classrooms. At this level, offer both certificate and diploma standard size of a classroom. The In the private primary schools ceive Free Primary Education sup- in some low-cost private schools, course; both local and foreign based kind of teaching and learning that – the so called low cost private port also purchase exams. This CATs and End term examinations examinations. Although a large takes places in some of these ECED schools –the situation is somehow practice is evident across both urban are hardly set by the teachers as the number of these colleges are legally centres should be studied for the similar. Many of the teachers at and rural public primary schools. same concept of “buying exams set recognized since they are registered; purpose of developing policy op- this level are not trained, majority What’s the logic of preparing by whoever nobody knows” is used. what goes on in some of these in- tions for improvement. of whom are form four graduates schemes of work and lesson notes A government committed to stitutions needs to be investigated. The teachers in some of our seeking for opportunities for raising as per the subject syllabus then as- ensuring Education for All (EFA) Students are being taught by notes ECED centres are primary school incomes. This group struggles to de- sess pupils’ performance based on must demonstrate commitment in photocopied by teachers or lecturers graduates who missed opportuni- velop schemes of work, lesson notes exams being bought? (Exams set ensuring quality education in all across institutions. Others rely on ties to enrol in secondary schools and lesson plans by themselves. For by people who sometimes no one learning institutions – whether pub- notes downloaded from the Inter- and are therefore serving their com- those who are lucky to have some has an idea about their professional lic or private. Parents and guardians net. Many students in these institu- munities as nursery school teachers. few trained teachers as colleagues in backgrounds)? How would such a spend a lot of resources in paying tions are raising an alarm that they But to what extent are they prepared their staffrooms; they receive guid- teacher measure learning achieve- fees in some of our learning insti- have paid fees and are being given to teach at the ECED level effec- ance and support from them so as ments? This is a high level of irre- tutions while the end result cannot a terrible deal! Could someone lis- tively? Worse still is the fact that to prepare adequately for their les- sponsibility among such teachers be matched with the amount of fees ten! The students cite cases where some of the ‘teachers’ in the nursery sons. Unfortunately, setting exams and their school heads; this culture paid. Are we conning our parents their teachers read for them notes in schools are persons below the age such as the Continuous Assess- must be stopped if we are keen on and guardians? The responsibility of class that they already have – hav- of 18 (children who should be in ments Tests (CATs), Mid-term test enhancing quality education for our providing quality education for all ing downloaded the same from the institutions of learning themselves) and even End-term exams continue children. lies squarely with our government; internet or photocopied earlier than – It is a fact that we have children to be a challenge to these groups of There is also the tendency of low the Quality Assurance and Stand- the teachers – since this is a culture teaching children in nursery schools teachers. cost private primary schools estab- ards Directorate of the Ministry of that they say they are forced to live in Kenya’s urban informal settle- Some of the proprietors of such lishing secondary sections to ac- Education has to rise up and high- with. They have evidence of lack of ments under the watchful eye of the schools purchase already set exami- commodate their pupils upon sitting light any challenges they face in adequate preparation among their government – what an injustice? nations – the teachers thus adminis- of the Kenya Certificate of Primary enhancing the provision of Quality teachers and as such are forced to If truly we are keen on providing ter exams that are not generated as Education (KCPE) exams. Whereas Education in our schools and at the prepare for exams by themselves as quality early childhood education per their schemes of work and les- it is true that we have limited pub- same time propose options for ad- if they never paid fees to be taught. and development for our children, sons taught to pupils; what an injus- lic secondary schools in Kenya, this dressing such challenges. In the sprit Could our government listen and then we cannot continue to ignore tice to the learners? does not mean we compromise on of partnership, the Civil Society Or- intervene. Let’s sort out the mess in the ‘cries’ from the urban informal It is worth noting that even some the quality of Secondary Education ganizations equally must regularly our learning institutions. settlements. The reason we have of our public primary schools that in the low-cost private schools. Ba- collect data and gather evidence for [email protected] DEO warns against raising fees without approval KESHO gives By BEKADZO TONDO school has resolved to stick with hope to poor the specified regulation. The THE Ministry of Education has principal Mr Kilian Deche says students in Kilifi issued a warning to second- the school will not charge any ary schools who intend to hike extra levies to allow more stu- By BEKADZO TONDO school fees without following dents to remain in class. A TOTAL of 180 bright students from the set guidelines. At Lutsangani Secondary poor families in Kilifi will now remain Kilifi District Education Of- School, PTA members resolved in school after a charitable organiza- ficer Mr Dickson Ole Keis says to increase the school fees by tion in the area offered full sponsor- he had received complaints from Kshs1,000 to undertake develop- ship for their education. parents that they were being ment projects which are in great Fourteen of the beneficiaries are forced to pay extra fees, which demand. enrolled in the national schools. is way above what had been rec- The school’s principal Mr The children will benefit from ommended by the government. Raphael Diwani says the school free education right from nursery Parents from St Georges High need to built houses for teachers, school to college level after they were School, Ribe Boys, St John Girls a dinning hall, laboratory and shortlisted among beneficiaries set to among other schools in Kalo- more classrooms for the students be supported by KESHO, which is a leni District protested against an and adds that parents had a re- charitable organization that sponsors additional Kshs2000 imposed on sponsibility to raise the funds. education of the needy students in the them by the respective schools. The DEO however insisted district. According to the project co- Most of them termed the fees that schools intending to charge ordinator Mr Mackinlay Mutsembi, the organization will not only offer increases as unfair and urged the extra fee must seek approval from their respective DEBs after full school fees for the needy students Minister for Education Prof Sam but also buy uniform for them. Ongeri to intervene and save wider consultations with PTAs and Board of Governors. Mr Mutsembi says that a sur- them from what they termed as vey conducted by his organization exploitation. ‘The law is very specific. The in Kilifi and Ganze districts revealed A parent from St John girls PTA and BOGS must be notified that many bright students from poor in Kaloleni District Mr Patrick of the intended hike after which families dropped out of school due to Washe says he was shocked when they forward their resolutions to lack of fees. The coordinator notes her daughter was send home to the district education for con- that most of the affected children are collect an extra Kshs2,000 for sent,” explains the DEO. orphans and those whose parents are the second term despite the fact Prof. Ongeri: Education minister Ganze DEO Charles Nyakun- either single, aged or jobless. that he had cleared all outstand- di shares similar sentiments He says his organization works ing fees. after the schools reopened for the the school was charging as de- and emphasizes on the need jointly with the provincial adminis- “I was shocked when my second term after she was send velopment fee,” adds the parent. for schools to adhere to the set tration to visit homes in the area and daughter returned home a week away to collect Kshs2,000 which However Kizurini secondary guidelines. identify needy students before they start assisting them. The Link, June 2010 EDUCATION 5 Protests in Murang’a over HELB loans extended to extra school levies Kenyans studying in East Africa By PETER MUTUKU order, we will be able to give loans By MORRIS GITHENYA to more students. We will also be in a position to give an opportunity SHARP protests have emerged in sev- THE Higher Education Loans Board (HELB) will disburse to students who are studying out- eral secondary schools in Murang’a dis- side the country,” he said. trict following the introduction of extra Kshs3.2 billion to over 70,000 stu- dents in the current financial year, Innovations for the lending levies against a government directive. processes so far introduced in- Many of the district education to increase access to higher educa- tion. clude computerized loans award boards are in a state of confusion after based on information submitted by many of the schools resorted to charging The board will also give an ad- ditional Kshs83 million in bursa- applicants as well as website loan more than what had been recommended. information access. Early in the year, there was uproar in ries and Kshs160 million in post- graduate scholarships respectively. HELB also intends to extend Mugoiri Girls secondary school after the loan applications to Kenyan stu- parents were shocked to learn they were According to HELB secretary Benjamin Cheboi, the loans will dents studying outside the country being required to part with more than as they are optimistic that the gov- what the district education board had be made available to students pur- suing higher education in various ernment will increase their fund- recommended. ing. The school administration had is- Universities in the East African region. Noying that there are Kenyan sued a circular to parents ordering them students studying in other East Af- to part with an additional Kshs4,150 “The relevant organs within the region are also working towards rican countries, Cheboi explains against the DEB’s approved Kshs2,000. that they should also be given sup- A fees structure dated Nov 25 last harmonization of fees and other tariffs across member states of port as the law does not discrimi- year and signed by the Principal Mrs. nate against any of them enrolled Virginia Waweru revealed that an addi- East African Community (EAC),” adds Cheboi during the launch of within the East African universi- tional Kshs6,150 would be paid by in- Kenyan students in Kampala University. Photo/File ties. stallments until end of this year. HELB 2009-2014 Strategic Plan ISO certification and service char- “The government through the District Education Board chaired by rowers whose repayment efforts He says that 95 percent of the treasury should consider giving Murang’a East DC Mr George Natem- ter. The revelations came as it have increased significantly. students who apply for the loans HELB more funds to not only beya approved a request by the school to He points out that the success do receive them and called upon meet the needs of the current stu- charge an extra Kshs2,000 per student to emerged that the Board has sup- ported 250,000 Kenyans with of recovering the outstanding borrowers not to wait for the board dents but students in other sectors help complete a modern block. debts which has gone up with sig- to crack the whip but rather com- including those in the private self The facility that had been termed as a loans amounting to Kshs25 billion to access higher education since it nificant margin over the years will ply with the Higher Education sponsored programmes. We are white elephant stalled ten years ago after enable the board to extend its loan Act 1995 and start repaying their growing and just as we need roads being dogged with a lot of controversies. was started in 1975. During the 2008/2009 finan- programmes to other needy stu- loans. we also need funds for developing Murang’a District Education Officer dents. “If the repayment of loans is in capacities.” Mr. Kaugi Micheni ordered all schools cial year, the board extended loans amounting to Kshs2.86billion to “The Board performance in in the area to ensure they abide by gov- recent years has been quite out- ernment fee structure failure to which 63,400 students while it recovered Kshs1.6 billion from past borrow- standing. We have increased our action will be taken. loan collections from Kshs1.3 bil- “Disciplinary measures will be taken ers against a disbursement portfo- lio of Kshs2.86 billion. lion in 2007/2008 to Kshs 1.6 bil- Days of mixed secondary against heads who contravene fee guide- lion in 2008/2009 and this year we lines, as they must follow one that has Cheboi says that the Board projects to collect at least Kshs are projecting a debt recovery of been issued by the government unless Kshs2 billion,” he explains. schools in Gusii numbered directed otherwise by DEB,” said Kaugi. 700 million by July from past bor- By BOB OMBATI that students will now have ample and conducive learning environ- THE fate of Mixed Secondary ment to enable them concentrate Schools in Gusii region hangs in and improve on their perform- the balance after stakeholders re- ance. Dead youth polytechnics solved to phase them out. “I believe that with the chang- Already four mixed schools in es, the girls and the boys will be the area have been phased out in a free to cope with the stage without move aimed at addressing the de- any interference from the opposite clining standards of education. sex,” adds said. to be revived, says PS Schools affected in the initia- The principal discloses that the tive include Riondonga, St. Pauls New Nyanchwa Girls secondary By PETER MUTUKU Amasago, Nyanchwa and Itierio school has been registered adding in South Kisii have phased out the that at the beginning of next year, THE Ministry of Sports and Youth Af- mixture in favour of either Boys the school will be delinked from fairs has announced plans to revive all or Girls school. the boys section with its own Prin- the 753 collapsed youth polytechnics According to Kisii Central cipal, staff and national examina- in the country. District Education officer, Joshua tion centre. Permanent Secretary James Kisuya, the move follows a unani- Atuti further says that the Waweru says that during the last fi- mous decision by the community school had set aside Kshs1 mil- nancial year, the Ministry revived 46 and the District Education Board lion to oversee the construction youth polytechnics and adds that at which also came up with a raft of of a Girls dormitory. He says that the end of this financial year 30 others proposals to improve the declining the new school urgently requires will be up and running. standards of education. funds to assist in putting up labo- ratories for computer studies, Bi- The institutions which were previ- The DEO however says that the implementation process will ology, Chemistry and Physics to ously referred to as village polytech- be gradual and based on capac- help students do better in science nics will after their revival be manned ity, infrastructure and availability subjects, which, he noted were by qualified tutors in relevant techni- of teachers to ensure that learning key in the attainment of vision cal subjects and equipped with mod- Students during graduation at Kenya Polytechnic. Photo/File is not disrupted by the proposed 2030 and the Millennium devel- ern teaching equipment to match the changes. opment Goals (MDGs) new syllabus and curriculum that has Waweru at the same time says that ensure that youths in rural areas access Kisuya challenged managers He at the same time points out been designed to respond to the cur- the ministry will also facilitate the es- these services. of non performing schools to re- that with globalization and fast rent market needs. tablishment of youth empowerment The Chairman of the youth en- examine their approaches and take changing technology, Principals Furthermore tuition for youths in centres that will be equipped with terprise development fund board Mr pro-active measures to improve of mixed secondary schools were these institutions will be subsidized to libraries, indoor games, computer James Gitau says that the country is academic standards and perform- faced with an uphill task to instill about Kshs15,000 per trainee, an in- labs, internet facilities and other rel- currently experiencing high unem- ance in national examinations. discipline to their students, some centive which the PS notes is expected evant youth friendly facilities that will ployment rates, especially among the Nyanchwa High school Princi- of whom indulged in illicit activi- to encourage many unemployed and meaningfully engage them. youths, who should be assisted to start pal, Timothy Atuti whose school ties like drug abuse, immorality idle youths to take up this courses and The empowerment centres will be viable economic programs in order to has been affected in the exercise and truancy, affecting their studies better their lives. established in all the constituencies to lead financially independent lives. welcomed the initiative saying and performance. The Link, June 2010 6 CDF WATCH

mentation process to ensure that projects are completed in the given time frame. Among the projects al- located money include a social hall for women in Bahari known as JUWABA, which got Kshs1 million. The cheque was handed complete projects over to the women leader Mrs Dorothy Chome and will help complete the By BEKADZO TONDO project initiated by former Mp Mr Khamis four years BAHARI Constituency will ago. spent Kshs38 million to On completion, the complete stalled projects in women intend to generate the area. income from the hall which The area MP Benedict will be hired for seminars, Fondo Gunda says that the weddings and other events. CDF committee had re- Another Kshs1.3 million solved to allocate the mon- was channeled towards the ey during this financial year construction of Kilifi town- to help complete all pend- ship chiefs office. ing projects in the constitu- The funds were handed ency including those started over to the area chief Mr by former Bahari MP Joe Athuman Matano to be Khamis and the ones initi- used in the construction of ated by his committee. a modern chiefs office. The projects include The chief promised schools, health facilities, to work closely with the office blocks for the provin- CDF committee to ensure cial administrators to host smooth implementation of chiefs among others. the project. Gunda says the move was An additional premised on the need to en- Kshs60,000 was disbursed sure that all started projects to oversee the completion One of the stalled CDF projects. Photo/File are beneficial to the com- of Zowerani chiefs office munity. while Ngerenya second- He, however, hit out at scenario and lose of public the public gets value from plementing committees ary school was allocated former CDF committee funds. the project,” said Gunda. and officially handed over Kshs2.9 million. which he accused of poor “I have resolved that the Gunda who was ac- cheques to oversee the final Gunda cautioned im- planning and initiating new current CDF committee companied by his fellow phase. mediate former area MP projects after every finan- will only start new projects committee members went The MP said that CDF against interfering with the cial year, a factor that has once all pending projects round the started projects, committee members will smooth implementation of contributed to the current are complete to ensure that met with the projects im- closely monitor the imple- development in the area.

By MASABA ATARI Claims of graft rock West AUDITORS have been de- CDF under audit as ployed to investigate cor- Mugirango CDFC ruption allegations involv- ing Webuye constituency’s claims of graft emerge By BOB OMBATI CDF kitty. WEST Mugirango lawmaker, Dr. The Link has learnt that James Gesami, is under siege over the auditors raised a lot of ing coordinator, Mr Eluid The letter further points Kakai accusing the DDO out that in October of 2008, the alleged disappearance of Kshs7.5 queries in the mode of re- million from the area Constituency source allocation, identifica- of corruption and unethical the DDO in liaison with the Development Fund kitty. tion and funding of projects. conduct. then account manager, the Gesami, who has suspended CDF One of the project’s mired Mr Kakai requested thor- treasurer and the water of- officials including the chairman Ni- in controversy was said to ough investigations by the ficer, paid out Kshs.610,000 cholus Ongaga and fund manager have been funded to the tune Anti-Corruption Police to the contractor, yet the Atei Onsomu, is under pressure to of Kshs2 million without in- Unit, with view to taking money could not be ac- explain the measures he is taking to forming beneficiaries. appropriate and deterrent counted for. recover the money. Civic leaders, his disciplinary action against The letter concluded that political rivals and the constituents The auditors also found have ganged up to demand that the that most of the project fund- the DDO Stella Miriti who the DDO had failed in her has allegedly presided over principle mandate as a key lost money be recovered immediately ing was not done according failure to which they will insist that to the laid down procedure. the loss of millions of shil- member of the district tech- the CDF management board dispatch But as the auditors find- lings by colluding with con- nical committee, projects auditors to the area to unravel the ings remained a secret, area tractors. committee and projects mystery of the missing funds. MP Alfred Sambu is upbeat “The most intriguing and monitoring and evaluation The leaders led by Fred Makamara, that the findings will ex- astonishing aspect of the committee. who lost the seat during the 2007 Gen- DDO behavior is that she “The DDO does not liaise eral Elections accuse the MP of being onerate his team from any Mr. Sambu: Area MP wrong doings. indulges in the malpractices with development stake- evasive by misleading the electorate “ The auditors were here, with such glaring impunity holders to reduce or elimi- that auditors from the national office are with little fear of being de- at Sirwa, Wamangoli, Mi- nate duplication projects on the ground to investigate and trace but already the recommen- the funds. The leaders are now wonder- dations are very positive tected”, the letter says in semwa, Makuselwa and Lu- and to limit wastage of re- rare. ing why it was taking too long for the about the work done so far”, part. sources,” the letter points in MP to respond even after leaflets were he said. The letter says that in Oc- Of the five boreholes, the part adding that it had be- circulated in town condemn- The auditors were dis- tober 2007, she approved letter claims that only the come very hard for the team ing the rot in the CDF office with nepo- patched to the area in pursu- fictitious payments of one at Sirwa is operational. to ensure accountability as tism and clanism featuring prominently. ant of a letter written to the Kshs.4.1m, to Kasimwaka The ones in Wamangoli and both the Constituency De- He said some MPs had perfected Permanent secretary minis- Enterprises without due jus- Makuselwa have stalled velopment Fund Committee nepotism as evidenced in the skewed try of Planning, National de- tification. while the other two in Mi- and the Project Management way they disbursed CDF by favoring velopment and Vision 2030, The money was for the semwa and Lurare are ghost Committee does not keep their clans and supporters in a trend drilling of five boreholes projects. proper records. that was dangerous and detrimental to by the CDF project monitor- development. The Link, June 2010 7 REFERENDUM Lugari residents fail to register Referendum causing as voters due to lack of IDs tensions in region By BILL ESSAU By BILL ESSAU the tension was a result of incite- HUNDREDS of the poor in Lugari ment and misinformation by poli- district may not take part in the ref- Differences between two commu- ticians. erendum on the proposed constitu- nities over the proposed constitu- Birik says the water project is tion after they missed out on voter tion threatens to derail a water has nothing to do with the aggres- registration exercise that closed on project in Kakamega East District. sion by the Nandis. He points out May 10. The project which is expected it will be completed because it is a Most of those affected either had to become operational by August Government project. their national Identity cards (IDs) has turned into a contentious is- Trouble started in the first week lost or were displaced during the sue between Nandi Central and of May when seven people from post election violence or have their Kakamega East districts who share Nandi side were arrested by the IDs held by the Moi Teaching and a common border. Kenya Forest Services authorities Referral hospital for failing to pay Whereas some Nandis are op- and handed over to police for pros- their medical bills. posed to the proposed new consti- ecution for trespass. Most of those affected and would tution, their counterparts from the The seven were arrested after therefore not vote at the national Kakamega side support the docu- they were found clearing a section referendum on the proposed new ment, currently enjoying support of land on the Kakamega side for constitution are peasant farmers who from President Kibaki and Prime tea planting. could not be able to raise the medi- Minister . Mr. Raila Odinga: PM Mr. Ruto They were charged in court and cal fees immediately. “The fact that people from a grader they had been provided The Interim Independent Elec- Shinyalu supports the draft and that is to supply Kakamega and ter project will not benefit people with by the council toral Commission (IIEC) surpassed their counterparts in Emgwen who Busia towns using gravity force from Nandi side. impounded and detained by the its target of netting 10 million vot- share the border are for the NO from Tindinyo area because of the The town is currently receiving police in Kakamega. ers for the plebiscite expected in camp has given the simmering ten- misunderstanding. 5,000 cubic meters against a de- Calm was restored after several August. sion a tribal angling which must be Intelligence sources say that mand of 10,000 cubic meters, oc- meetings between the two sides Former Lugari MP Dr. Enock defused quickly,” adds a a security the Nandi Central county council casioning frequent water shortages under the auspices of the District Kibunguchy says that many poor source. officials have visited the project in the town. The project is set to Security Teams from both sides. people who surrendered their IDs According to the source, the on more than two occasions and boost production to 15,000 cubic A team of ten people each from to the hospital after failing to settle Nandis are now threatening to asked the contractor to stop work. meters of water per day the Nandi and Kakamega side has their bills will not participate in the damage the donor sponsored water This, the council argues, was Kakamega East District Com- been formed to address the border referendum. project on the Nandi escarpments because the Kshs6 billion wa- missioner Mohammed Birik says issue. “I have been an MP here and many people have come to me seek- ing my intervention so they can be given their IDs to register but I do not have that mandate to do so,” says Kibunguchy. There is no perfect constitution Lack of the essential documents for registration as voters has dis- By L. MUTHONI WANYEKI good. As several parties to the emerg- franchised the people of Lugari and ing ‘Yes’ campaign have put it, there as a result will not effectively take VOTER registration (the manual one) seems to be a fundamental misunder- part in the exercise to decide the set ahead of the referendum ended on 9 standing about the choice to be put be- of laws that govern them. May. The good news is that the In- fore us during the referendum. Attorney General Amos Wako terim Independent Electoral Commis- That choice is between some- has already published the draft con- sion’s (IIEC) target of 10 million vot- thing bad (the current constitution) stitution that is to be subjected to the ers was exceeded – in fact provisional and something better (the proposed referendum. This means no more figures from the South Rift surpassed constitution, with all its flaws). But voter registration can be conducted the number of registered voters for the the choice is being presented and ap- until after the referendum. 2007 General Election. parently understood as though it is Kibunguchy says the Govern- This is good news because the re- between something bad (the proposed ment should have unconditionally ality flies in the face of what we had constitution, from the ‘No’ camp and facilitated the release of these cards all expected – voter apathy following perfectionists) and something ideal to their owners if it had envisaged the 2007 violence blamed on the dis- (the perfect constitution). every Kenyan to participate in the puted presidential election results. Ideals however, can only be real- referendum on the new constitution. And it will be both interesting and ised in the abstract – not in a negotia- He points out that social work- necessary to understand how senti- tion between people with sometimes ers should be dispatched to asses the ments changed – particularly in areas wildly divergent interests. The fact is debtors with a view to waiving debts such as the South Rift that bore the that very few Kenyans will read the for those too poor to raise the fees. brunt of the violence – from voter an- proposed constitution. Even fewer This, he says, would enable those ger to renewed faith in the electoral will understand the nuances in its pro- affected to register and vote in the system on which our ‘democracy’ is visions that may address the fears they General Election in 2012. predicated. have. Most of those who lost their doc- Was it the public pronouncements This means that many will rely on uments in the post-poll skirmishes about the importance of the refer- what they are told about it by politi- were turned away after they pro- endum vote from the President and cians and religious leaders. It will be duced police abstracts. Prime Minister? Was it the voter reg- extremely difficult for the government istration drive advanced by the IIEC Committee of Experts on Constitu- and supported by the media? Was it, tional Review to counter the misinfor- more ominously, the canvassing and mation that already abounds. fear-mongering by political parties It will be even more difficult for for the ‘No’ campaign – notably from civil society to do so. The only hope most of the church leadership as well really is in members of the media – as politicians from Central and the those with national reach as well as lo- North Rift? cal language radio stations. But even Whatever it was, it worked. And that hope is slim, considering media that is a good thing. The vote is not the ownership patterns in the country. only means for expressing political What can we do? Be truthful our- opinions, but it is the most fundamen- just as every cloud supposedly has a something, but when they are in disa- selves. Expose untruth whenever we tal and most universally accessible. silver lining, every up must appar- greement. It is when people disagree can. Be honest about our own subjec- For that reason we should be glad; ently have its down. And the bad news that the sense builds in them that they tivity, ensuring it is based on truth. this voter registration shows that the is perhaps implicit in the questions must do something. —The writer is Executive Director of citizen’s faith in our less-than-perfect above. People generally take stands In this vein the news is, if not bad, the Kenya Human Rights Commis- voting system remains unshaken. But not when they are in agreement with then at least mixed or not entirely sion. Mr. Jirongo: Area MP The Link, June 2010 8 EDITORIAL The

LinkEnhancing governance for all Ministry should digitize Registration of persons ur lead story on disenfranchisement of people due to lack of National Identity OCards has rekindled the debate on the need for the government to find new innovative ways of expediting issuance of this vital document. We must say from the onset that we are tired of writing stories about this particular vexing matter year in and out. Kenyans have a right to be Ken- COMMENTARY yans and the government has a duty to ensure that they have the necessary documents to prove their citizenship. We fail to understand why 45 years after inde- Judges erred on Kadhi’s court pendence we are still clinging to colonial prescrip- onday’s decision outlaw- fling. tions to identify ourselves. Does it mean we can’t ing Kadhis’ Courts has CONSTITUTION The suggestion that Kadhis’ Courts think for ourselves? Why should it take almost a shocked many and some be restricted to the ten-mile coastal strip year for one to get an ID card? Why can’t issuance have branded it ‘irrespon- is an argument living in the past. The Msible, mischievous and politically mo- interpretation is narrow, unrealistic and of IDs be made automatic upon attainment of age By GODFREY MUSILA tivated’. They have questioned its tim- unjustifiable mechanical reading of the 18 years? Why can’t ID be issued to students at ing, in view of the ongoing debate on law. school? Let us ask a more fundamental question Kadhis’ Courts and impending referen- If Muslims are Kenyans who de- dum. There are other reasons why this declare provisions of the Constitution many are asking. Do we really need the ID number, (creating Kadhis’ Courts) ‘unconsti- serve judicial services on matters of ruling is constitutionally incompetent. marriage, divorce, and inheritance The Passport number, The Road License number, The judgement lacks political savvy tutional’, the judges portray a peculiar brand of legal reasoning unknown even (only!), how else can that governmental NHIF number, NSSF number, PIN, etc, etc in this and is irresponsible for at least two rea- objective and purpose be achieved if we sons. First, in one fell swoop, it invali- to upstart lawyers. digital age? Why can’t we simplify services by One of the most basic constitutional don’t create courts for Muslims all over dates — on flimsy and badly argued Kenya? The limited number of Kadhis’ agreeing to identify every Kenyan by one number legal grounds — a political arrange- principles is that you cannot declare a provision of the Constitution ‘uncon- Courts in Kenya should in fact be in- then use the new technologies to implement that ment that in 1963 created Kenya, as we creased, not wiped from the map! know it today. History shows that the stitutional’ or ‘illegal’. Only Acts of decision? We believe this will save the country and Parliament as well as regulations and Judges occupy important offices. ten-mile coastal strip, previously un- What they say matters. Therefore, they citizens a lot of time, space and resources. der the Sultan of Zanzibar, would not rules made under such Acts — are And in the process no one will ever complain of tested against the constitution, which is must be responsible. Judges called to be part of Kenya without the political adjudicate on our Constitution must be compromise reached on land and Ka- the foundational law. Any first year law his or her human right to vote being violated as student will tell you this is the case. the first to know that a constitution is is happening currently. The Ministry of Immigra- dhis’ Courts. not — contrary to popular view — a Secondly, while the judges pretend When a constitution is drafted, tion and Registration of Persons must lead the way there has to be internal harmony and consensus document. to articulate an artificial distinction be- It is a document forged on political on this much needed change and leap us into the tween provisions on Kadhis’ Courts in coherence between provisions of the same constitution. Where judges find compromise. Consensus means we all digital age in terms of modes of registration and the current Constitution and the Pro- agree on particular issues, which is im- posed Constitution, by saying their disharmony, they have to interpret the identification. provisions to bring internal coherence, possible. Compromise means different ruling does not affect the latter, only a sectors of the body politic give and take Whatever number we agree on as Kenyans af- fool would believe them. It is difficult while remaining faithful to the original objects and modern societal realities. in order to construct a diverse national ter all reasonable security considerations have to believe that the judgement is not po- whole. Kadhis’ Courts best exemplify litically motivated, because, as lawyer The judges ruled unconvincingly been taken into account should be given at birth, that inclusion of the courts and paying this. Judges cannot undo these political put it, ‘it muddies debate on compromises on flimsy grounds. They starting with the Birth Certificate, followed by the referendum’. Kadhis from public coffers is ‘discrim- the Passport and social security card respectively. inatory’, ‘sectarian’ and advances one have to provide compelling reasons. Simply put, it provides fodder for The writer is an advocate and consult- the ‘No’ camp. That is why the timing religion over others. The suggestion The ID and Voting Card should be synchronized that Muslims don’t pay taxes is baf- ant. so that every Kenyan citizen of voting age is pre- of this judgement in a suit filed on 2004 is not fortuitous: it could only have sumed to be a registered voter. been calculated to point the debate in That would also mean changing the voting and a particular direction. Let us turn to the representation systems. legal aspects of the judgement. First, to the extent that the judge- ment has a bearing on the constitution- al review process, the judges should never have decided the case. They lack The Link is published jurisdiction. As a result of the National Accord, the Constitution of the post- monthly by the Institute Accord era differs in one important re- for Civic Affairs and spect to that of 2004. In terms of the post-Accord con- Development (ICAD) stitution, all disputes touching on the review process can only be decided by the Interim Independent Dispute Reso- P.O. Box 7438, 00200 Nairobi. lution Court. It is a product of mistrust of our judges, and the judgement ap- Tel: 020 601776 / 020 601274 pears to vindicate that decision. Email: [email protected] In the second place, the judgement is legally unsound. By purporting to Mr. Wako: AG Mr. Gicheru: Chief Justice The Link, June 2010 GOVERNANCE 9 LinkThe Enhancing governance for all children EDITOR DANIEL OTUNGE


ASSOCIATE EDITOR By KAVYU-KURA OLOO JANAK A CHILDREN’S home in Mwingi has been shut down indefinitely WRITERS following revelations that children in the facility were living in squal- ANDERSON MURENJE Coast id conditions. 0727 582135 Children housed in the orphan- age will now have to be reunited BOB OMBATI Nyanza with their guardians and other 0728 435255 relatives. The Mwingi Area Advisory NYAKWAR ODAWO Western Council (AAC) on Children de- 0726264153 clared that the Kinyungu Child or- phanage situated in the outskirts MORRIS GITHENYA Central of Mwingi town is an illegal struc- 0735855586 ture which was unfit for any hu- man habitation. JONES MAGARE Nyanza The council further states that 0721127511 owners of the evangelical church sect circumvented the law when BILL ESSAU Western they established the facility in 0721761408 May 2008. The directive came even as BEKADZO TONDO Coast the children homes administrator 0728341240 Pastor Paul Njiru told the meeting that he was in the process of reha- NEVINS BIKO Rift Valley bilitating the orphanage to make it A kitchen in the foreground and the main room that serves as the dormitory. Inset: Some orphans 0723932857 more conducive for habitation. found at the children home soon after the closure was announced. Photo/Kavyu-Kura However his pleas were reject- JOSEPH MUKUBWA Central ed as the council insisted that the nearly two kilometers to the north at the risk of sexual molestations And a public health officer in- 0724 039787 home must be closed of Mwingi town. as they lived in open rooms while charge of prosecutions and disease as lives of the children in the Members at the AAC meeting a grown up man slept within the surveillance in Mwingi Joseph LUKE KAPCHANGA Western facility were in jeopardy. The were unanimous that the home building. Kimwele said the communal but 0723622136 chairman of the AAC meeting Mr. was set up unprocedurally in She further said the sleeping single ablution and toilet used by Festus Muli thus asked Mr. Njiru 2008 and that an inspection had arrangement at the facility was the boys and girls poses a risk to AGGREY BUCHUNJU Western to oblige and shut the facility lest revealed that the orphans lived in abhorrent since beds and bedding the girls as they could easily be as- 0733 537002 he invites trouble to himself. awful and dehumanizing condi- were not adequate and some of the saulted as they answered calls of The Kinyungu child orphanage tions. It was agreed that it should children were forced to sleep on nature. OJWANG OGOCH Nyanza was allegedly set up with support be closed down. low density mattresses that were He noted that the facility was 0734 971205 from two sisters who hail from the A children officer Ms. Wa- spread on the floor. She added that unsuitable for a children home un- area but live in America. Eleven maitha Kyule complained that the rooms were stuffy, filthy and til it was completely rehabilitated PETER MUTUKU Eastern orphaned and vulnerable children during inspection of the facility, unsanitary and thus unfit for habi- and new buildings to host the chil- 0721 455048 were housed in an old building it was established that girls were tation. dren put up.

LAYOUT AND DESIGN: From making military jets to peacebuilding WALTON GRAPHICS 0725 903 938 By JONES MAGARE clan clashes in after the 2007 general elec- A FORMER military aircraft tions. technician George Chacha Chacha says he felt there with the Kenya Airforce has is was need to go back to his now a peace missionary. rural home in Kuria and start He is now a peace crusader the process of building peace who is the prime mover of ini- among different clans particu- tiatives to establish locational larly in the affected clans of This Newspaper appreciates peace building committees. Nyabasi and Bwirege. Chacha has established “My resolve was informed the facilitation accorded by People for Rural Change Trust Mahatma Gandhi who be- the Konrad Adenauer Stiftung (PRCT), a Non-Governmental lieved he must be part of (KAS) in Kenya Organization (NGO) which change in the world. So I also aims at managing inter-clan resolved to spearhead peace clashes in Kuria District. campaigns in Kuria,” Chacha All correspondence and “I decided to embark on a explains. peace building mission in Ku- He says PRCT’s objective enquiries to the editor, ria district after witnessing the is to gradually and eventually P.O. Box 7438, 00200, chaos that resulted from the spread peace building initia- Nairobi, Kenya Tel: 020 contested 2007 presidential tives to other parts of the coun- and general election in Ken- try, especially in hot spot areas 601274 ya,” Chacha says. Locals pose for a group photograph after a days work. following the contested 2007 Telefax: 020 601776 “The chaos made him real- presidential poll in Kenya. ize that the country had been “I realized that the large Chacha points out. He says the PRCT initiative E-mail: polarised along ethnic lines majority of the Kenyan popu- He explains that the ur- is also influenced by the fact [email protected] which had undermined na- lation was still enveloped in gency to embark on a peace that Kuria district is increas- tional cohesion,” he explains ethnic cocoons which seemed building initiative was further ingly becoming cosmopolitan. during the interview. to define their identity,” prompted by eruption of inter- The Link, June 2010 10 GOVERNANCE Church Give small Busia MPs root for more seats tribes a leader By NYAKWAR ODAWO chance NAMBALE MP Chris roots for Okemo has appealed to the — Nyagah Interim Independent Bound- ary Review Commission (II- the poor BRC) to retain the bounda- By JOEL JUMA ries of Busia municipality in COOPERATIVE and Develop- By AGGREY BUCHUNJU their current status. The MP told members ment Minister Joseph Nyagah THE Reformed Church of of the Interim Independent took his’Yes’ campaign to and urged members of East Africa (RCEA) Western Boundary Review Commis- sion led by the commission the cooperative movement in the Kenya is working with poor chairman Mr Andrew Ligale region to back the proposed con- farmers to boost their food that Busia is a cosmopolitan stitution. security. town where Kenyans from The Minister at the same time Speaking to The Link different ethnic backgrounds said Kenyans should carefully recently, regional coordina- have co-existed harmoni- read the document and make an in- tor Mr. Abraham Namukoa, ously ever since. formed choice without being influ- disclosed that RCEA has this “Busia town is a town enced by politicians and churches, year spent about Kshs1.5 which falls within two dis- who are currently fronting differ- million to buy and distribute tricts, one part falls under ent views. farm inputs such as seeds Teso South district whereas “There will be no intimidation and fertilizers to about 400 the other part falls under for those who oppose the docu- destitute families. Busia district,” the MP said, ment at the referendum as it is a Mr. Namukoa called on adding that there has never democratic exercise,” said Nya- religious organizations in been any dispute between gah, who was addressing a press the region to join hands in the indigenous tribes in the conference in Kakamega after pay- assisting the less fortunate in district. ing a courtesy call on the Western society so as to uplift stand- Mr Okemo who spoke PC Samuel Kilele. He was accompanied by the ards of living for all. on behalf of the residents of Nambale district which Mr Okemo: Nambale MP Western Provincial Director of Co- “It is the responsibility of operatives Nathan Mukhweso and the church to uplift the liv- is one of the four districts recently curved from the constitution making process. infrastructure. It is therefore the Director of Kenya Union of ing standards of all members Savings and Credit Cooperatives of the communities in which larger Busia district, asked Butula MP Alfred Odhia- my wish that more infra- the boundary review com- Joseph Sagalla. they operate,” he noted mbo also called upon the II- structural facilities will be mission to consider splitting The Minister called for peace- Mr. Namukoa regreted BRC to split the current con- available once the new con- Nambale district into two stituency into Butula East ful referendum campaigns, noting that some families who have stituencies are in place,” the constituencies for effective and Butula West constituen- MP said, adding that there that both Yes and NO will need one land but lack money to buy representation in parliament. cies respectively. was need for tarmac roads in another after the exercise. farm inputs were exposed to The legislator further said The legislator however the constituency. He said views of small tribes perennial hunger as church- that the commission should said his constituency had Odhiambo at the same should not be ignored when form- es and government ignored be given a free hand to ad- limited resources adding time said that residents have ing counties. “I was the chairman of the smaller tribes at Bomas of their plight. vice on creation of addition- that there are inadequate been unable to obtain birth Kenya during the formulation of The RCEA regional co- al constituencies. health facilities within the certificates due to lack of the previous draft. I will not like to coordinator challenged the Okemo at the same time constituency. transport as the exercise is see a situation where they are side- church to support food secu- said it was important that “Services in Butula con- done at the Busia district lined,” says Nyagah. rity initiatives with a view parliament seeks guidance stituency which has also headquarters which is far He said that tribes such as Tesos to ensuring that no member on matters pertaining to the been elevated to a district away and the residents can- and Saboats in Mt Elgon need to be of the community dies from creation of constituencies status do not meet the desir- not afford to raise the trans- given special slots during the for- especially in respect to the able standards due to poor starvation. port required. mation of .

considered as safe,” he asked. By LUKE KAPCHANGA The SDLF, has managed to fan animosity among the neigh- District still Mt. Elgon still volatile bors and therefore non of them remains volatile despite peace can trust the other without exter- building efforts. The conflict is nal intervention. mainly between two sub-clans who unleashed terror and may- Politics he cautions has been who have lived together for hem by making unreasonable polarized, and for any healing years. demands of land for resettlement process to take place, then peo- The government’s crackdown changed tact with time. ple have to come out and speak on the Saboat Land Defence “This group had a hidden about lack of political openness Force (SDLF), was only a tem- agenda, as they started slowly by and holding of divergent views. porary reprieve which managed killing non Sabaots who were not The Laibons, who wield a to save lives but did not solve living in the settlement scheme, lot of power, should be recruit- any misunderstandings between then evicted people they did not ed in uniting the community as the communities. like and created a wider division they are themselves a stumbling The Okoa Maisha Operation between the Ndorobos and Soy block to peace building. which was launched in the moun- communities”, he stated. Political leadership, accord- tain on 15 March 2008 helped to His argument is that if they ing to Ndiema must acknowl- restore normalcy in the area but had remained focused on the edge and accept past political did not address the issues which demands for land resettlement mistakes to develop trust be- brought about the problem and alone, then healing process could tween the Sub-clans. are still simmering on. be easier. Areas which need to be ad- Mr. Kipsang Ndiema chair- For healing and peace trans- dressed as a way of finding last- man of the Chepyuk Farmers formation to take place, then ing peace in the area include Group, notes that by the time the non- state actors from within the initiating a deliberate land reset- country experienced post elec- district and outside have to ad- Saboat Land Defence Force tlement programme, recruiting tion violence , the area had gone dress specific issues, which may independent mediators, disarm- through hell, under the rag-tag touch on the voting pattern in the 12,000, yet those who voted for because the area had been desert- ing of militia to continue, dia- militia. past election. the Member of Parliament were ed due to insecurity, and most logue among parties, increased He explains that the SDLF, Mr. Ndiema cites Cheptais 18,000 in total. people had sought refuge in the arbitration by civil societies and division with registered voters of “The turn out was suspect, neighbouring areas which they civic education conducted. The Link, June 2010 CITIZENS’ WATCH 11 @

What are the Street battles no way to settle findings of FPE, New Nile treaty offers win-win deal varsity business UNTIL the River Nile riparian no avial. Africa. maize probe? states began negotiating a new trea- Yet these are the strong pillars The type of arrogance being Speaking at a recent graduation ceremony at the University of Nai- THE circus of the maize importation ty with Egypt and Sudan that were of any economic and social devel- displayed by Cairo is unfortunate bestowed the exclusive rights to opment. Without food and power, and out of sunc with modern day robi, the Vice Chancellor started by saga and Free Primary Education acknowledging a major achieve- programme almost came full circle harness the water by the British co- little if any, development can take international relations. lonial government, the cause of en- place. Egypt should take into account ment of his administration — no recently with the reported return to student strike for years. work of Parmanent Secretaries in the demic food insecurity was scarcely Now these counties are de- that to reverse the effects of climate understood. manding the sustainable use of the change, the onus of conserving the Though commendable and ministries of Agriculture, Education worth celebrating, events of recent and the Prime Minister’s office. The obstructionist 1929 Nile water for irrigation, power genera- Nile ecosystem lies with the up- Treaty outlawed damning the wa- tion and livestock industry devel- stream states. days show he may have spoken too However, a note from the Office soon. The riots at the institution, the Government Spokesman threw ter for irrigation, power generation opment. This demand was bound Therefore, for Egypt to use war and commercial livestock develop- to come along because save for the threats, trade barriers or embargoes sparked by the deeply divisive stu- the matter into a spin when the PSs dent body Sonu (Students Organi- were denied opportunity to resume ment. Democratic Republic of Congo, the to bend the treaty in its favour is Famine in the region — like the other nine Nile River riparian states trantamount to denying upstream zation of Nairobi University) polls duty after their three month sojourn in were a grim reminder of ghosts of the ‘cold’. one Ethiopia witnessed in 1984 — are water -stressed. The irony of it states their inalienable right. War, is largely man-made and the result all is that some of these countries economic sanctions or protection- years past when scenes of street Their impending return would mayhem were hip and even hon- mean investigation has been con- of the flawed colonial treaty is part like Kenya and Uganda are forced ist trade tarrifs ring hollow and are of the cause. to import water from Egypt. betray the skewed and unfair egime ourable. ducted and the ministry accounting Modern society, however, officers had been given a clean bill of The Nile Basin Treaty that the The eight states that have signed anchored by the retrogressive colo- two downstream states have de- or promised to sign the new treaty nial treaty. showers disdain and frowns upon health, seeing as none of them have running battles and clouds of tear been arraigned before the courts. clined to sign fundamentally alters therefore find it insulting to be held The new agreement signed on the agreement by giving upstream hostage by Cairo’s intransigence May 14, establishes principles gov- gas in institutions of higher learn- The school funds that were un- ing. Granted, elections are a pillar accounted for were in the region of states the right to use the water for and depraved diplomacy on mat- erning the sustainable use, manage- economic and social development. ters conservation and sustainable ment, development and conserva- of representative democracy since Ksh100 million, while the sale of sub- the right to vote is widely recog- sidised maize was a whopping Ksh2 Out of the Nile’s total flow of 84 utilisation of natural resources. tion of the Nile water resources and billion cubic metres, the colonial It is regrettable that Egypt is details the rights and obligations of nised as a basic human right. billion. This is by non means loose Allegations of a flawed elec- change. agreement allowed Egypt access to resorting to unorthodox manoeu- Basin states. 55.5 billion cubic metres of the wa- vres to arm-twist Kenya, Tanza- It is unfair for Egypt to cite a toral process due to interference by Following the President’s New powerful, external forces linked to Year’s Eve address, acknowledging ter annually and Sudan 18.5 billion nia, Uganda, Ethiopia, Rwanda, minor aspect of an otherwise excel- cubic metres. The Nile stretches Burundi, Chad and the DRC into lent document that guarantees free- ethnic and political party interests, the Free Primary schooling initiative are troubling. was a matter close to his heart and more than 6,600 kilometres from rescinding the new treaty. It has dom to water for nearly 300 million Lake Victoria to the Mediterra- even threatened to go to war unless people who would be denied access Of greater concern is the eco- subsequent order to probe the matter nomic cost of property destroyed, and all monies recovered, this new nean, which makes it a vital water the new treaty is annulled. This is to this valuable resource. and energy source for the countries tantamount to blackmail and totally Egypt and Sudan would lose learning hours spent in running bat- turn of events is baffling. tles with anti-riot police, manhours What next Mr. President? The through which it flows. unacceptable. nothing by engaging in dialogue, It is against this backdrop that While Sudan has shown it is but gain everything by working in shed by disruptions to traffic, mock- only action so far is the moving of ery of mentorship and role models, former Agriculture minister William upstream riparian states have, over amenable to the treaty so long as concert with other Nile Basin coun- the past 10 years, been prodding the Nile water regime is not inter- tries. The new treaty provides a as well as degeneration into settling Ruto to another docket, but there are matters by brwan rather than brains still no answers regarding the massive Egypt and Sudan to negotiate a fered with, Egypt’s foreign minis- win-win situation for all the coun- new treaty that allows them to use ter arrogantly declared in February tries along the Nile. and dialogue. haemorrhage of public funds. The resultant mistrust has seen What about the integrity of Price- the water for agricultural produc- that any interference with the water Concerned Kenyan, tion and hydropower generation to is cause of the next major war in via e-mail. calls for disbandment of Sonu and waterhouseCoopers, a private firm, arrests of students leaders, which, whose frequent audit reports point to in our experience, often leads to plunder, but whose recommendations breakdown of law and order and is are never acted upon? What is an ex- in no way part of the solution. ecutive order worth if its bark has no The cost of political interference corresponding bite? in the student body polls is too high What does the probe report say? to absorb. Let sanity prevail, and all Will it also gather dust at another Har- parties return to the negotiating ta- ambee House shelf? ble. That is the civilised thing to do. Concerned Kenyan, Concerned Kenyan, via e-mail. via e-mail Police bosses need to supervise juniors There is so much impunity on our roads nowadays that motorists and pedistrians can only wonder why po- lice bosses don’t supervise traffic of- * ficers. The editor welcomes For example, motorists who use letters and comments on Manyanja Road between Donholm a variety of issues. and Tena estates are angry and frus- trated. While the police keep vigil at The letters should be brief, Donholm roundabout, at around 6 topical and issue based. am the road is normally jammed with The editor reserves the Kayole matatus overtaking carelessly. right to edit for brevity The touts walk about 100 metres or clarity. ahead of their vehicles and direct their drivers to overtake recklessly when there is no police officer presence. Write to: The Traffic Police Commandant The Editor, should launch an investigation be- The Link, cause motorists’ agony has become unbearable. P.O. Box 7438 – 00200, A. Sangolo, Nairobi. Nairobi. E-mail: [email protected] 12 The Link, June 2010 GOVERNANCE Residents Bungoma residents want more constituencies wants Kasipul, By LUKE KAPCHANGA Kabondo split

THE review of electoral bound- By JOHN NYAMBUNE aries should address existing disparities based on numbers KASIPUL-KABONDO residents have and services to the people. urged the Interim Independent Bound- According to the Western ary Review Commission (IIBRC) Kenya Human Rights Watch, to split the constituency into two. there was a general disquiet They want it broken into Kasipul and over the existing electoral Kabondo constituencies without inter- boundaries, distribution of re- fering with the existing boundaries. sources and representation of Under the chairmanship of former MP Oloo Otula, the residents also told the people that are likely to the Commission that was sitting in Ko- generate into violence if not ad- sele that it was high time all locations dressed fully. were converted to civic wards and The lobby group’s executive creation of three more divisions in ad- director, Job Bwonya, told the dition to the existing two. Interim Independent Boundaries They said if effected, it will ensure Review Commission (IIBRC) equitable distribution of resources, de- that units of governance and velopment, easy access to services and representation are currently harmonious relations of the descend- used to take resources and ants of the two sons of Rachuonyo. Area MP Oyugi Magwanga said services to the people and thus Kabondo residents had been marginal- it would be retrogressive for ized and called for their alleged inde- them to ignore the population pendence. factor when creating new units. He claimed the high population He cites Bungoma District density and population trend, poor in- which he says is the most af- frastructure vast geographical size and fected in the region in terms of cultural aspect of the people of the two representation. areas justified their demand for split. The MP said calls for the split of “The case of underrepresen- IIBRCchairman Andrew Ligale (left) with Commissioner Irene Masit during the tation has been exemplified in the constituency has been presented commissioners sittings at Kakamega Town Hall recently. Photo/Bill Essau ever since its creation in 1957 and pro- the 1999 census which indi- posals for split have been presented cates that Bungoma District, constituencies, then Bungoma some areas in the region have leaders differed on the propos- before four other similar commis- with a population of 876,491, would have had 9 members of been underrepresented for als with area MP Alfred Sam- sions set up by the government, the has only 5 Members of Parlia- Parliament by 1997 general more than three decades due to bu experiencing a rough time first being in 1971. He noted that the ment compared to Busia dis- elections,” he argues.” the complex patterns of repres- while persuading the people to constituency as it is today has over 250 trict whose population stands at Bungoma district has lost sion in the poor electoral sys- have a section of Webuye divi- primary schools, 70 secondary schools, 370,609 and is represented by out in the national resource tems and individual political sion carved out and added to 45 health centres and 24 dispensaries 4 Members of Parliament,” he distribution, compared to its patronage. Ndivisi Division to form a new among other institutions which had ne- cessitated the strong desire for compe- adds. neighbours of Busia and Bu- The political elites were constituency. The wide disparity has fur- tition of resources. tere / , whose popula- accused of manipulating elec- But a section led by former The speakers called on the Com- ther been cemented by the fact tion is far much less. toral commissions to deliber- minister and nominated MP mission to come to the aid of Muksero that the combined population Bungoma has received a ately create more units in their Musikari Kombo, opposed the community who live at the boundary of Busia and Butere/Mumias paltry Kshs1,220,073,328 strongholds. idea and instead urged to have of Rachuonyo South District and Kisii stood at 847,533, which again through the Constituency De- Leaders however proposed the current Ndivisi division Central District and have endured mar- is less than Bungoma but rep- velopment Fund over the last the creation of more electoral created as the constituency. ginalization since independence. resented by 8 members in the seven years while Busia, Bu- areas, but maintained that the Leaders from Sirisia and They said over 8000 people fall ad- house. tere/Mumias received Kshs creation should strictly fol- Kimilili constituencies, agreed ministratively in Kisii central whereas “Using the current popula- 1,753,088,790 over the same low the current administrative to have the New Tongaren and politically they vote in Kasipul Kabon- do constituency despite the area falling tion estimates of Busia district, period. boundaries. Chwele constituencies created which is 92,500 to create new under Rachuonyo South in the physical The lobby group notes that In Webuye constituency without opposition. boundary map. Bill to compel institutions to courts need disclose unclaimed assets drafted By PETER MUTUKU Laisamis MP Joseph Lekuton, will All these cash is lying idle and in more magistrates push financial institutions to disclose secret accounts in banks, building so- A BILL to compel financial institu- the unclaimed assets which will be cieties and mortgage institutions as at By FIDELIS KABUNYI the court, the court executive tions, investment companies, provi- surrendered to a Trust Account to be November 2008. The Task force in- officer has written to the Chief dent schemes and other asset manag- administered by the government for dicates that deaths where there are no Justice Evans Gicheru inform- ers to disclose unclaimed assets in development activities. wills, lack or reporting, poor records THE Kiambu law courts have ing him of the pathetic state of their jurisdiction has been drafted. The bill will help to put in place a and complicated judicial process had been hit by lack of magistrates affairs which has sometimes The bill dubbed Unclaimed As- legal framework, which according to led to increased amounts of unclaimed with only one out of five courts led to the outsourcing of mag- sets Bill 2010 is in pursuant of recom- the task force will help regulate un- assets in financial institutions. being operational over the last istrates from . And to mendations by a task force appointed claimed assets sector. The reports takes issue with the four months. make matters worse, the senior by the Ministry of Finance in August The bill will also provide for man- failure by banks to report the billions Cases are being since there principle magistrate posted ear- 2008 which came up with stunning datory disclosure and reporting of un- of shillings they hold in unclaimed are no magistrates to preside lier is on a sick leave. revelations indicating that Kenya fi- claimed assets to treasury and estab- monies to the government and propos- over their cases. Late last year three mag- nancial institutions are holding in ex- lish an unclaimed assets authority and es various mechanisms to consolidate A spot check by The Link istrates were transferred with cess of Kshs200 billion in unclaimed Trust Fund. and disclose the same annually. revealed that only one resident one senior principle magistrate assets. He says that the government is the The task force which sampled 40 magistrate court is currently resigning in December. No re- The report whose findings are yet sole custodian by law of the unclaimed out of 45 banking institutions dis- to become public, gives a detailed ac- operational after other magis- placements have been done, a assets and property and the bill once closed that Kshs7.4 billion is dormant count of how financial institutions, key trates were transferred. scenario which has paralysed enacted will give it authority to expend in their accounts and in unclaimed bal- among them banks, insurance compa- the same for the good of Kenyans. ances. Civil cases have been ad- court proceedings. journed for three months as nies, pension schemes such as NSSF According to the task force report, The report also criticizes the finan- The complainants and in- and listed companies are holding the there are 295,892 dormant bank ac- cial institutions for deliberately with- the current work load did not mates are now petitioning the allow for the hearing of the unclaimed financial assets in various counts with Kshs6 billion and 62,152 holding information to the govern- Chief Justice to come to their accounts which they are unwilling to cases. unclaimed financial statements, ment, beneficiaries, owners and others aid and post magistrates in the disclose to government over the years. drafts and cheques with an estimated who lay claim on the said assets there- According to a source at area. If enacted, the bill sponsored by Kshs1.8 billion. fore posting unjustified profits. The Link, June 2010 GOVERNANCE 13 Gusii leaders Kieni, Mathira need extra demand parliamentary constituency each seats By BOB OMBATI By JOSEPH MUKUBWA GUSII leaders want the number of LEADERS from the larger Ny- constituencies in the area increased eri district want both Kieni and from the current 10 to 15 to ensure that Mathira constituencies to get an representation was based on popula- extra constituency each. tion and demand for services. The leaders led by Mathira Education Minister, Prof. Sam MP Ephraim Maina and Kieni Ongeri told the Interim Independ- MP Nemesyus Warugongo argue ent Boundaries Review Commission that the additional constituencies ( IIBRC) that leaders in the area had will help enhance representation unanimously agreed that North Mu- in the vast area which has for dec- girango Borabu should be accorded ades been deprived of develop- the first priority followed by Kitutu ment due to unequal distribution Chache, Bomachoge and Bobasi when of resources. new constituencies are created. The leaders told IIBRC com- According to the minister, North missioners who included Mrs Ro- Mugirango Borabu constituency was zaah Akinyi, Mr Joseph Kaguthi not only expansive but cosmopoli- and Mr Abdalla Mohammed that tan and therefore the current repre- in the event that one constituency sentation did not serve the electorate is created, then a section of Math- effectively. Nominated lawmaker ira and Kieni can be hived to pave Omari Nyamweya, told Commission- way for the extra constituency to ers Joseph Kaguthi ( Vice chairman), be called Mt Kenya constituency. Rosa Akinyi and Abdalla Mohamed “We have lived under histori- that there was need to hive off part of cal injustices which promoted Nyaribari Chache to create township under representation. This has constituency. entrenched the culture of impu- Bonchari MP, Charles Onyancha nity and unequal distribution of however differed with the proposal devolved funds such as CDF and saying that Nyaribaru Chache was too LATF,” complained John Kamau small to be split into two, arguing that from Kieni West District. it would adversely affect the electorate who may be locked out of the busy and The leaders also proposed that Mathira MP Hon Ephraim Maina giving his views to the IIBRC commissioners at Information the larger district have two Hall in Nyeri recently. Photo/Joseph Mkubwa growing town. counties which include Nyeri On his part, George Nyamweya South and Nyeri North counties. called for the elevation of the current They suggested that the Ny- tricts. proximity. since Rift Valley was very far and Eastern Nyanza region to a province, eri South county serve , The leaders at the same time The leaders proposed that the cumbersome. arguing that the area has over 1 mil- Mukurwe-ini, Nyeri Town and want the over 3,000 families set- families settled on Solio Settle- If the current scenario is main- lion people who are forced to travel for Tetu while Nyeri North county tled in Laikipia East recently be ment Scheme be served by Cen- tained, the leaders argue that the long distances to access services.. cater for Kieni and Mathira dis- part of Kieni East district due to tral provincial administration residents will continue suffering. There was a heated debate when Kitutu Chache MP, Richard Onyonka proposed that the Central ward be split to pave way for the creation of the hos- Bahari CDF to pital electoral Ward to carter for the in- National Cohesion Chair terests of Kitutu Chache people. fund settlement Margaret Atogo who unsuccess- fully contested for the Kitutu Chache of squatters parliamentary seat complained that calls for tolerance Kanga Ward (Jogoo) was under Kitutu By BRIGHTON KAZUNGU Chache but the residents were repre- Bahari CDF is set to provide funds to over- Urges media to black out leaders who incite people into violence sented by a councilor from Nyaribari see the process of land adjudication at Pin- Chache constituency. gilikani settlement scheme in kilifi district. She appealed to the Commission By AGGREY BUCHUNJU Dr. Kibunja was speaking recently Area MP Benedict Gunda says the at Silver Spring hotel in Nairobi dur- to revert the Ward to Kitutu Chache funds will go along way in assisting squat- for the residents to fully enjoy the ben- ters who are currently disfranchised by lack ing a Media Diversity Centre (MDC) MEDIA houses have been urged to journalists’ training on reporting ordi- efit of devolved funds like the local of resources and therefore have delayed shun leaders who use the debate on the settlement exercise on the pieces of nary people’s concerns in Kenya. Authority Transfer Fund, roads fund, land. He says disputes in some settlement proposed constitution to divide the Speaking at the same function, HIV/aids and education among others. scheme, including Pingilikani, had lasted country nation along ethnic lines. the Committee of Experts (CoE) vice Atogo says that it was wrong for for more than a decade to resolve, thereby The National Cohesion and Inte- chairperson, Atsango Chesoni, noted residents to belong to one area politi- delaying issuance of letters of offer and title gration Commission (NCIC) chair- that there has been no independent cally and another area geographically deeds. man, Dr. Mzalendo Kibunja, said that media in Kenya for along time. and therefore the need to correct past Gunda who spoke during a funds some rogue politicians are likely to injustices through the boundary re- drive meeting at Mweza Ngombe Primary She lamented that the media in use the media to inflame tension ahead Kenya have always been dominated view process before 2012 General School in Mwarakaya location, says 450 of the referendum. land dispute cases at Pingilikani settlement by leaders, adding that time has come Elections so that residents may know scheme are yet to be heard. He told area He appealed to all Kenyans to for the media to create space for the where they belong and vote for their clans to resolve land disputes before any work and stay together peacefully alternative voices. leaders democratically and confident- adjudication exercise is done. More than regardless of their tribe and party af- Atsango alleged that this country ly. Nyaribari Chache MP, Dr. Robert Kshs160,000 was raised buy land where filiations. “40 million Kenyans are all was polarized during the 2007 general Monda called for the creation of two the new school is to be built, with the MP here to stay and none will be driven elections campaigns because the me- more Divisions- Ibeno and Bosongo giving a personal donation of Kshs20,000. out to another country after the refer- Meanwhile, Council will Dr. Kibunja dia took sides. She noted that the cur- alongside the current ones Kiogoro endum, hence the need for all of us to rent Constitution of Kenya has over and Keumbu, to save residents time repossess all undeveloped council plots. A constitution is an ideal tool towards notice by Kilifi County Clerk Leboo ole co-exist,” Dr. Kibunja said. the years been mutilated by the suc- and money traveling to far flung areas Morintat, says idle council plots at Mt- He observed that his commission strengthening national cohesion since cessive regimes to an extent that it no to seek for services. wapa, Kaloleni, Bamba and Vitengeni will can only achieve its agenda if Ken- leaders will no longer use their posi- longer serves the interests of ordinary Commissioner Akinyi, who be allocated to investors for development. yans change their attitude and accept tion to discriminate other people or Kenyans. chaired the session lauded the Gusii He says some developers were erecting that they are one nation and one peo- areas while distributing national re- She therefore urged Kenyans to leaders for having conducted stake- buildings without the approval by physical ple. “Changing the attitude of Ken- sources. support the proposed draft constitu- holders meeting ahead of the visit, planning department and warns that stern yans is not the work of the commis- The cohesion chairman, however, action will be taken against culprits. Leboo tion arguing, that it would cater for saying the proposals and recommen- sion or the government alone but the urges Kenyans to go through the draft their interests, especially those of dations forwarded to the Commission says those who fail to comply with Physi- themselves and make an informed de- cal Planning Act risk a Kshs100,000 fine or work of all of us,” he added. women, elderly people and people reflected the needs of the area resi- five months in prison. Dr. Kibunja says that the proposed cision during voting. with disability among others. dents.

The Link, June 2010 SUPPLEMENT 15

PARTNERSHIP FOR PEACE A monthly supplement funded by European Union and Konrad Adenauer Stiftung Embrace tolerance during campaigns

his issue of the MANAGER’S COLUMN erance is, above all, that one’s views are not to be im- tion, consult people who can give Partnership an active attitude posed on others. and explain the issues objectively, for Peace prompted by rec- and base your position on facts. Do m a g a z i n e ognition of the uni- not blindly vote as your Member of T Parliament because the constitution tries to embrace the By versal human rights What if all of us could embrace theme Tolerance and fundamental this message in our daily lives? is the roadmap to your own and with references to HANNA freedoms of others. children’s future and I believe that the Proposed Con- CARLSSON In no circumstance The date for the referendum has fi- you and the Member of Parliament stitution of Kenya can it be used to nally been set and the YES and NO somehow have very different op- and the referen- justify infringe- sides have been crystallized on a portunities in life. When you have national level. When this column is dum. I believe toler- ments of these made up your mind, respect and being written the official campaign tolerate the fact that others may ance is the basis for a fundamental values. has not yet started, however, most prosperous and peaceful Kenya. In Tolerance is to be exercised by indi- have reached a different decision. politicians and church leaders are In this magazine you will find 1995, United Nations Educational, viduals, groups and States. drumming support for their stand. Scientific and Cultural Organiza- articles embracing the message of As wananchi it can be hard to grasp tolerance of different opinions. We tion, adopted a Declaration of Prin- 1.3 Tolerance is the responsibility the whole significance of the con- have some new writers who give ciples on Tolerance where the first that upholds human rights, plural- stitution and what different clauses among others a youth perspective article elaborates the meaning of ism (including cultural pluralism), would imply in real life. The Yes and on the importance to vote and re- tolerance: democracy and the rule of law. It the No sides emphasize only claus- spect your neighbor’s opinion and involves the rejection of dogmatism es that they think are of utmost another article which gives you an 1.1 Tolerance is respect, accept- and absolutism and affirms the importance and to win support the insight of the Rwandan genocide ance and appreciation of the rich standards set out in international issues are simplified and argument and that the step to a similar out- diversity of our world’s cultures, human rights instruments. biased. come in Kenya is not that far. our forms of expression and ways This column could be a perfect As usual I am not only interested of being human. It is fostered by 1.4 Consistent with respect for platform for me to air my views to hear your comments about the knowledge, openness, communica- human rights, the practice of tol- about the contentious issues in the articles but also heroic stories from tion, and freedom of thought, con- erance does not mean toleration draft constitution, but that is not your life on how you embrace toler- science and belief. Tolerance is har- of social injustice or the abandon- my mandate or the purpose of this ance in your community. mony in difference. It is not only a ment or weakening of one’s con- magazine. I only want to encourage moral duty; it is also a political and victions. It means that one is free all readers to participate in the The writer is the International legal requirement. Tolerance, the to adhere to one’s own convictions civic education about the draft Project Manager virtue that makes peace possible, and accepts that others adhere Constitution, be open-minded [email protected] contributes to the replacement of to theirs. It means accepting the and do not take a stand until you the culture of war by a culture of fact that human beings, naturally actually know what the proposal peace. diverse in their appearance, situa- implies. If there are specific is- INSIDE THIS ISSUE: tion, speech, behaviour and values, sues which are very important 1.2 Tolerance is not concession, have the right to live in peace and to you, read those paragraphs condescension or indulgence. Tol- to be as they are. It also means in the draft, attend civic educa- Ethnic intolerance — 16 We should stop stoking ethnic fires

By GIDEON OCHANDA to life and death contest, bitter rivalry and administrative restructuring and even clear incessant vengeance. Permanent hate be- cut typographical serialization oversight. peace team tween contestants makes the act of elec- he historical injustices, the un- tions to be very painful to a majority of peo- Whose wars are Elections? — 17 fair public resource distribution ple in the country. It keeps bad memories and continued reduced con- The political elites in whatever direction in alive any time electoral contests are in site. Tfidence in public institution in The coming referendum is no excep- Kenya thrive on invoking ethnic feelings and the country are a harbinger for chaotic tion. Daggers are getting drawn and issues biases to sell their parochial agenda. Many Peace workers elections witnessed over a period of are put aside as politicians are isolating all are times that they deliberately twist clear time in Kenya. Instead of being a dem- manner of scapegoats to open raw wounds. cut positions whether policy or legal to fit adviced onstration of democratic exercise that Rich and sometimes weird imaginations are direction that are constantly lased with eth- offers citizens the necessary opportu- being advanced whereas the proposed con- — 17 nity to participate in their governance stitution gives space for future legislations, Turn to Page 18 processes, elections have degenerated

This project is funded by the European Union This project is implemented by Konrad Adenauer Stiftung and her partners and associate

The views expressed in this publication do not necessarily reflect the views of the European Commission. The Partnership for Peace Project is responsible for the views reflected in this supplement. 16 The Link, June 2010 SUPPLEMENT

Youth calls Ethnic intolerance: Lessons for peaceful from Rwanda referendum am currently reading a book about the to murder: tive terms. This leads to the second point: First, widespread By FADHILI MSURI history of one Africa’s darkest and sad- how groups view their rights to occupying dest misfortunes – the Rwandan geno- violence that leads their country relative to their neighbours to targeted killings is he constitution making process in Icide. There is an interesting observation determines whether relations are friendly or initiated by unequal Kenya dates back to over 20 years. I’ve made just from carrying the book around hostile. At the national level, it is important with me – some people have noticed the au- inter-group relations for a society to define citizenship in unify- During the process lives have been that feed individual lost, tortured and exiled in the quest thor’s Muslim names faster than they’ve been ing terms – in post-1959 Rwanda, the Tutsi T drawn to the book’s content. It may perhaps and ethnic grievances. were viewed as a foreign race. As a result, for a new dispensation. A lot of resources However shocking have been spent on this journey ever since be a demonstration of the current Christian- By MANASSEH hundreds of thousands of Tutsis lived as refu- WEPUNDI cycles of inter-group it took a serious call in 2003 which led to Muslim divide on the place of Kadhi’s Courts gees in the region (predominantly in Congo in the proposed constitution. violence are they are and Uganda). Given that the Hutu viewed the rejection of the presented draft in the neither just accidental 2005 referendum which also polarized the Yet the book titled “When Victims Become themselves as indigenous to Rwanda while Killers: Colonialism, Nativism and the Geno- nor sudden. Ages of unequal relations often the Tutsi were viewed as foreign, there was a country along tribal lines. The result of feed hatreds. Where one group, views itself the 2005 process was the post election cide in Rwanda” explains in detail the devel- crisis of citizenship in Rwanda for many years opments in Rwanda that can shed light on as a special class, and their neighbours as culminating in the Rwanda Patriotic Front’s violence in 2007-08 which almost led the subordinate (slaves), then the two groups are country into collapse and one of the most aspects of Kenyan politics and inter-ethnic (RPF) invasion in 1990s. relations. It also warns us of how low we can bound to have a conflict. For instance, in the Related to the issue of citizenship but manipulated age set in the entire process Rwanda case, Tutsi dominance over the Hutu was the YOUTH. sink if we are not careful. tied to politics of indigeneity is the question The author – Mahmood Mamdani – exam- became increasingly unjust toward the latter, of entitlement to land. As groups consider The youth in Kenya have been sub- hence feeding conflict. jected to abject discrimination in terms of ines root causes of conflict. By showing that themselves indigenous and label others as the hatred between two groups was deep, he A similar argument can be made in rela- foreigners (or aliens), this creates hostility to- economic empowerment and social trans- tion to major and minor groups in a society: formation. Young people play a key role in helps show that the genocide is imaginable. wards members of the “alien” group as they That should make us pause. Can genocide be Where the majority view a minority group as compete for land ownership. The struggle for the stability of a country as they are the having less of a say in the society’s govern- most energized where if their energy is put thinkable? Is it possible that a group can set land in parts of Kenya has been fought on the out to systematically eliminate an entire eth- ance then the smaller group’s marginalisation platform of indigeneity – with groups in some into negative use the consequences can be will feed conflict. The 1959 Hutu revolution far reaching as witnessed in the post elec- nic or racial group? About one million Tutsis areas citing their historical claims to land in were killed in the 1994 genocide, including against the colonial and Tutsi establishment different parts of the country as the rationale tion violence. Ever since the violence vari- brought change that only swapped circum- ous peace building initiatives have been about 50,000 Hutus considered moderate (in for seeking to displace the “foreign” groups. the sense that they embraced national unity stances for the two groups – the privileged Thirdly, in a socio-political environment initiated targeting the youth. A rising wave became the Hutu while the Tutsi became in- of interested young people monitoring and refused to participate in the mass kill- characterised by inter-group mistrust, hatreds ings). creasingly marginalised. As such, while one and long-running grievances (and/or injustic- and participating in the reforms process is group thought of themselves as having solved slowly witnessed in the country. In order to draw lessons on the extent of es), reform efforts can be miscarried. It may intolerance, it is necessary to consider ways in the problem, they in actual fact only perpetu- sound contradictory, but Rwanda’s genocide Notably, when the harmonized draft ated it – the conflict changed in nature. was presented to Kenyans young people which a society slides into darkest and deep- happened in the context of on-going political est pit of hatred – a hatred that makes us for- For long, the two groups viewed each Turn to Page 18 get being humane and leads us to be willing other in competitive rather than coopera- Turn to Page 17 Kisumu East Peace Committee reconstituted By SHUBHA CHANDRA The first step in recreating a DPC was selecting new members. Chiefs and assist- ant chiefs from the fifteen sub-locations of eginning on Monday, April 26, 2010, Winam and Kadibo selected fifteen individu- The National Steering Committee als each whom they believed were dedi- on Peacebuilding and Conflict Man- cated to peacebuilding and could serve as Bagement (NSC) conducted a three- strong leaders. These thirty individuals were day meeting in Kisumu to reconstitute the inducted as members of the Location Peace Kisumu East District Peace Committee. Committee (LPC). The meeting in Kisumu was one among On the second day, a division meeting many which will occur throughout the coun- was held at the Divisional Office in Kisumu try as part of NSC’s capacity building ef- where the District Officer and Ms. Onyango forts to enhance and further support local discussed the role of Division Peace Commit- peace structures through the creation and tees and their importance in mitigating con- reconstitution of District Peace Committees flict. By the end of the day, fifteen members (DPC). The meetings were conducted at among the thirty represented were nomi- Kisumu’s Divisional and District Office and nated to serve in the Divisional Peace Com- were led by Rachael Onyango from the Na- mittee (DvPC). Committed to representing tional Steering Committee (appointed from Rachel from NSC addressing the participants. all members of the community, the Winam PACT Kenya), Willis Cheboi from the District division selected two women and four youth Office and Domnic Ouma Odipo, the Co- locations around Kisumu while Kadibo rep- and failed to comply with certain rules representatives to serve on their commit- ordinator for Kisumu East’s District Office, resents seven. At the height of post-elec- promulgated by the NSC. The results of a tee while the Kadibo division selected three among others. tion violence, Kisumu established a District mapping exercise conducted by the NSC women and two youth representatives. Kisumu East District was created in 2008 Peace Committee. indicated the need for a reconstitution of On the final day of the meeting, the in- and consists of two administrative divisions: However, the DPC’s membership was Kisumu East’s District Peace Committee, Winam and Kadibo. Winam represents eight not representative of the district as a whole prompting these meetings. Turn to Page 17

This project is funded by the European Union This project is implemented by Konrad Adenauer Stiftung and her partners and associate

The views expressed in this publication do not necessarily reflect the views of the European Commission. The Partnership for Peace Project is responsible for the views reflected in this supplement. The Link, June 2010 SUPPLEMENT 17

By AGGREY BUCHUNJU Peace workers in volatile RGANIZATIONS and individu- als charged with peace build- ing initiatives have been urged Onot to commercialize their services if harmonious co-existence is areas told to be impartial to be achieved among different ethnic communities. Speaking in Bungoma during a work- workshop will bring positive impart in shop, Kanduyi District Officer (DO) Mr. terms of conflicts transformation in the Ahmed Shabell, said that commerciali- area. zation of conflict transformation activi- The International Partnership for ties will defeat the intended purpose Peace Project Manager Ms Hanna Carls- of peace building, and deepen the rift son expressed optimism that the four within the warring parties. day workshop had equipped the partici- The workshop was organized by pants with enough materials that will Konrad Adenauer Stiftung (KAS) in col- enable them resolve conflicts in their laboration with Mt. Elgon Residents communities. Association (MERA). It was part of the Ms Carlsson appealed to the partici- on-going Partnership for Peace project pants to be in constant touch with the funded by European Union (EU) and is project implementers whenever there is being implemented by KAS, in conjunc- a problem for immediate intervention. tion with Catholic, Justice and Commis- During the four day workshop, the sion (CJPC) and Community Initiative participants were sensitized on tenets Action Group (CIAG) and MERA. of peace transformation by Dr. David “If you want to be taken seriously Steel, a United States (US) based con- and respected in your conflict resolu- sultant in conflict transformation and tion endeavors always be firm, impartial Mr. Babu Ayindo, who is a researcher and never take bribes,” the DO told the and a trainer in peace building. participants. The theme of the workshop was, He noted that peace is requisite for “strengthening non- state actors’ ca- development and as result challenged Police officers trying to bring calm during post election violence in Kenya in pacities to prevent and resolve conflict the participants to use the skills they 2007 after disputed presidential vote tally. in areas affected by the post-election had acquired to promote harmony violence.” among ethnic communities in Western that you can assist the Government to work in different communities and net- One of the participants Milly Wa- province in order for the area to achieve solve land issues once and for all,” he work with other organizations in order fula appealed to the communities in more and accelerated development. said. for them to gain more experience. Bungoma West District to maintain “In Western province, land is the ma- The provincial administrator further He pointed out that the society has peace during the referendum, noting jor cause of conflict, when you go out told the participant that it was impera- a duty to control its people from doing that area resident had suffered enough there be good ambassadors of peace so tive for them to share experiences, wrong and expressed optimism that the during the post election violence.

Kisumu East Peace Committee Ethnic intolerance: Lessons from Rwanda From Page 16 for the post-election violence has been it was The change the country is working to- reconstituted mass action to denounce stolen elections wards should unify us rather than dividing us. From Page 16 reforms. Prior to his assassination, President (or “stolen victory”). In one peace building Similarly, the manner in which political and Habyarimana’s government was in the proc- religious leaders campaign should protect dividuals from the Divisional Peace Commit- workshop in (in 2008), a participant ess of expanding democratic space, integrat- our unity. This is part of being tolerant. tees assembled at the District Office. After referred to the victims of the post-election ing Tutsi refugees as Rwandan citizens and William Ury, an expert in peacebuilding, discussing the responsibilities, membership, violence as “collateral damage” in people’s they had reached some agreements with RPF notes that “tolerance is not just agreeing with and leadership of the peace committee, the protest against stolen elections (meaning on a coalition government. one another or remaining indifferent in the group selected 14 individuals to serve as killing people was unintended and that the But the possibility of re-introducing the face of injustice, but rather showing respect members of the Kisumu East District Peace perpetrators only intended to reclaim the Tutsi elite in government and the RPF inva- for the essential humanity in every person.” Committee. Included in this group are four stolen victory). This show how we lose our sion raised fears about the implications of It is about appreciating diversity, and pro- women and four youth representatives as sense of humanity before we turn violent Tutsi re-emergence – a possible reversal of tecting that. Failure to appreciate others’ life- well as three ex-official members from the – people that are targeted or who come in the gains of the 1959 revolution, a return to styles, beliefs and opinions would therefore private sector (Chamber of Commerce), the way no longer fellow human beings, but slavery for the Hutu. show intolerance. Muslim community (SUPKEM) and civil so- are threats or obstacles that have to be re- Thus, in a delicate reform environment, In this regard, we should seek reforms ciety (Community Initiative Action Group – moved. propaganda is an extremely powerful tool that protect our unity and our hopes. Further, Kenya or CIAG). Kenya is in the middle of many reforms – that can brainwash a whole population. Many Kenyans should avoid propagandists, since During the week of May 3, 2010, all the constitutional review, and electoral, land Hutus believed they would be victims of a re- these have the potential to cause inter-group members of the Kisumu East District Peace and security reforms, among other changes. surgent Tutsi, and as such, the only option fears in citizens, which could feed tensions Committee will participate in a four-day ca- The country is therefore as ripe for a rebirth was to kill any Tutsi. This happened in the and violence. pacity training administered by members of as it is open to destructive forces. context of the RPF attack on Kigali and there- —Manasseh Wepundi is a specialist in the NSC and PACT Kenya. At the culmination With change there is often the fear of the fore killing Tutsis was considered a continu- peace and security research and the of the training, the members will be asked to unknown. In such an environment, propa- ation of the war rather than a human rights design and facilitation of peacebuilding formulate a Constitution, elect members of ganda, which is often based on lies, can be violation. processes. This article was simplified the Executive and consider ways to appeal a dangerous tool that can lead to wider con- In the Kenyan context, one justification for a general audience. to civil society organizations for funding. flict.

This project is funded by the European Union This project is implemented by Konrad Adenauer Stiftung and her partners and associate

The views expressed in this publication do not necessarily reflect the views of the European Commission. The Partnership for Peace Project is responsible for the views reflected in this supplement. 18 The Link, June 2010 SUPPLEMENT PARTNERSHIP FOR PEACE Youth calls We should stop stoking ethnic fires for peaceful From Page 15 nic undertones. Ethnicity is the main source of relevance for our political elite. referendum The political elites are a product of cu- mulated history of distortion of the state. From Page 16 Rather than have the state as a trustee for all the people of Kenya, history is clear converged in various parts of the coun- that the state has been used overtime for try where they went through the docu- the benefit and enrichment of cliques. The ment and came up with suggestions on clique is characterised by massive wealth their preferred contents in the constitution accumulation, power pushers, entrench- which was presented to the Committee ment in core state enterprises and strate- of Experts in Nairobi. Since then various gic consumable state supplies. The state is consultative forums and discussions have at their mercy. The clique is not homoge- been held to consolidate the youth voice neous, constantly differ and often quietly in the upcoming referendum and the con- fight amongst themselves. tinuing reform process. There is a wing that is a beneficiary of However the number of youth reg- the immediate post independence state. istered as voters is still low due to high It had the education, thanks to the mis- number of young people lacking identity sionary work and the colonial chieftaincy. cards. Due to various initiatives were held It took over the state during the africani- to mobilize the youth to register as voters zation processes and the buy-out of the and exercise their democratic right in de- white farmlands. The clique was able to ciding the destiny of their country. sustain their acquired wealth by virtue of Genesis arts creations a youth serv- their being in state positions. They are now ing organization implementing the Konrad advanced in age, majority being over 70 Adenauer Stiftung (KAS) peace project years but are systematically bequeathing mobilized youth organizations and youth the resources to their ‘progressive’ siblings leaders in with support from Ken- with politics as the only everlasting guaran- ya Muslim youth alliance and in partner- tor. IDPs camp after the post election in 2007 ship with IIEC formed the Nakuru youth The second group, learning at the be- hest of the first clique, acquired the state the advantage of these cliques. I am fairly forum and held a voter mobilization and Common Denominator registration exercise on 19th of April and almost forcibly from the first. It used the persuaded that none in the cliques want the created awareness on the importance of state but where the state could not pro- The unfortunate scenario is that politics is constitution changed. They are manifesting voter registration and created grassroots vide, it sold off state enterprises to them- their common denominator. It is in poli- a lot of pretence. In fact those showing op- youth forums to mobilize young people to selves including public land. tics that they have safeguards. They play position to the proposed constitution could get the voters card at their respective sta- The third clique started as pro-people politics with anything, worse of people’s be more genuine to their course in retain- tions besides positioning themselves for youthful politicians. Their entry into politics lives. People died and keep dying in avoid- ing the current constitution. civic education on the proposed constitu- particularly from the 90s was out of peo- able circumstances but that is secondary It is high time that the general public re- tion and seeks to educate fellow youth on ple’s goodwill. They were seen as liberators to the cliques. Many Kenyans are living in alised that the electoral wars are not really the contents of the proposed constitution with good intentions. However, the clique squalid, deplorable and pathetic camps but theirs. The hate is made up. Ethnic polari- to enable informed decision making during has grown to be the opposite of the expec- they would rather be in those situations for zation is not the answer to historical injus- the referendum period. tations. They are more ruthless in the hunt one clique to have a chance to pin it on tices now and in future. Let the referendum The voice of the youth to those who still for riches. They dot every corrupt transac- the other. not divide us as we look for how to get out believe that we are weapons of destruc- tion that the state is involved in. The current constitution has worked to of our historical sharks. We are captives. tion is that we are now empowered and know our role in the society fully. NO MORE MANIPULATION AND IN- DUCEMENT-Kenya will witness the rise CONTACT ADDRESSES: of the youth who will be the catalyst for positive change that we have been crying EU-KAS Project Office in Kisumu, Varsity Apartments 3rd Floor, for. The voice of the youth still continues P.O. Box 668, 40100 Kisumu, to shout loudly in encouraging Kenyans Telephone. +254 732 846 215 to embrace peaceful dialogue and keep in +254 711 358 013 mind that we are still healing a troubled e-mail: [email protected] nation and inflammatory remark could ruin the country. The last message from the youth is: PARTNERS VOTING IS A DEMOCRATIC RIGHT OF Mt. Elgon Residents Association (MERA) Community Initiative Action-Group (CIAG-K) Catholic Justice and Peace Commission (CJPC) EVERY KENYAN AND IRRESPECTIVE OF Chem Ngeywo, Project Coordinator Mr. Chrispin Owalla, Project Coordinator Mr. James Kimisoi, Project Coordinator OUR DIFFERENT OPINIONS AND STAND Western Province WE ALL HAVE ONE BABY TO TREASURE P.O Box 21-50201, Cheptais-Mt. Elgon Varsity Apartments 3rd Floor, The Catholic Diocese of Eldoret AND CARE our motherland-KENYA Mobile : 0720-744827; 0734-517489. P.O. Box 668, 40100 Kisumu. P.O. Box 842 -30100, Eldoret. GOD BLESS KENYA Email: [email protected] Tel: 0737-470558/0716-384135 Tel 2031272; 0722 448110 Fadhili Msuri is a global youth change [email protected] or E-mail: [email protected] maker and the convener of the Naku- [email protected] ru youth forum. [email protected]

This project is funded by the European Union This project is implemented by Konrad Adenauer Stiftung and her partners and associate

The views expressed in this publication do not necessarily reflect the views of the European Commission. The Partnership for Peace Project is responsible for the views reflected in this supplement.

The Link, June 2010 20 DEVELOPMENT Benefit sharing row threatens Isiolo Airport Port Victoria to improve By HUSSEIN SALESA WRANGLES between the Isiolo, Nyam- income base bene and Councils over who is to get the lion’s share of revenue from the proposed Isiolo International airport By NYAKWAR ODAWO threatens to derail construction of the fa- cility. The project which was supposed to PORT Victoria Town Council kick off five years ago is now the center has embarked on the construc- of controversy as the three county councils tion of various development openly disagree on how to share resources projects within its jurisdiction accrued from the airport. in a move aimed at establishing The government has already allocated Kshs200 million during this financial year a strong revenue base. to assist in the construction of the airport Among the projects ear- but serious work is yet to commence. marked for development in- Civil society organisations and busi- clude Mulukoba open air nessmen led by Hurison Kinywa are now market that would enable the threatening to mobilize area residents into upcoming local authority to mass action to petition the government to proceed with the proposed project. provide effective service deliv- The businessmen have already drafted ery. a protest letter to the ministry of local gov- “The Local Authority and ernment and line ministry to take action the Local Authority Service and ensure that the project is implemented Delivery Action Plan (LAS- to the later. DAP) committee from Bukani But even as the stand off continues un- abated, council has finalised civic ward identified and unani- relocation of those affected by construc- mously agreed to allocate funds tion of the project. for buying land for the estab- More than four thousands people af- lishment of Mulukoba open fected by the expansion of the airport have air market which draws clients been relocated to Mwangaza, chechelese from Uganda and district and Kiwanjani. in Kenya and other areas thus Two years ago, the government allo- cated Kshs90 million towards the fencing bringing a lot of revenue to the of the proposed airport after evacuating local authority,” the area civic those affected by the project. leader councilor David Wanga An open air market where locals sell their wares. The allocation came as the Govern- said, adding that the local au- ment appointed a high-powered task force thority is drawing revenue to from the local authority trans- Mulukoba beach. within Bulemia civic ward, to develop the frontier town into a resort the tune of Kshs20, 000 per fer fund kitty (LATF) during The local authority has also bought two parcels of land for city. The 20-member team, chaired by week from the facility. the financial year 2008/2009 constructed two classrooms at the establishment of a sports Head of Public Service Mr Francis Muth- that was used for the construc- Lunyofu primary school at Sig- ground and the construction of aura, first met at Harambee House in Nai- The local authority at the robi. same time earmarked and dis- tion of a VIP latrine comprising inga civic ward, two classrooms a pit latrines at Mundekwe and The task-force includes three perma- bursed a total of sh350, 000 six doors and two bathrooms at at Bulemia primary school Rudacho beach respectively. nent secretaries — from the Transport, Roads and Public Works, and Tourism and Wildlife ministries — as well as the heads of the Kenya Wildlife Services, Kenya Airports Authority, Kenya Tourism Board GTZ to help improve food security and Ewaso Nyiro North Development Au- thority. The chairman and clerk of Isiolo County Council are also in the team. By FRED MADANJE riculture, Livestock, Fisheries and The project is part of pledges by the Cooperative development. government during the past elections to THE German Technical Coop- “Under this program, we will develop the area into a bustling city with eration (GTZ) has entered into build the capacity of farmers to its own international airport serving the partnership with the Kenyan gov- enable them tackle the issue of cli- tourism, livestock sector and film indus- ernment to embark on low input mate change and even train them tries based agriculture aimed at reduc- on ways to harvest crops under Leaders who visited the areas prior to ing the soaring food insecurity in minimal rainfall” Apina revealed. elections said the completion of the airport Western Kenya. He confirmed that the project would facilitate easy transportation of beef GTZ has already allocated Sh. and other livestock products from the re- will eventually increase household gions and ensure products were timely 180 million to promote private food security and enhance small- processed and exported to other parts of sector development in Agriculture holder farmers’ resilience to ef- the world. (PSDA) to facilitate the program fects of climate change. Livestock Minister Dr Mohamed Kuti that will be piloted in five districts Apina said that this project says the region has great potential to con- in Western Kenya. which is also geared towards con- tribute to national development because of PSDA/GTZ program manager- servation of environment will re- its strategic location and that the govern- Kenya Francis Muthami says un- duce over reliance on wood as a ment would explore ways to tap in devel- der this project which is dubbed source fuel to a number of house- opment especially in the livestock sector. ‘Conservation Agriculture’ farm- The Minister laments that while Isiolo holds as farmers will be encour- is the leading tourist destination in the ers will be required to use non aged to use energy saving stoves. Northern Circuit, it is still considered a lit- tillage form of farming with little “We hope to develop partner- tle off the beaten path. disturbance to the soil. ship with local media especially With its three game parks, Central Isi- The 3 year program will be community radios to create aware- olo has several luxurious safari camps and piloted in Homa-Bay, Migori, Food insecurity has affected most of the residents in ness among farmers and sensitize tourist-class lodges, among them Samburu Kakamega, and Molo dis- Western Kenya. them on the need o embrace the Serena and Sarova Shaba. It is also adja- tricts with plans to scale up to oth- project” said Apina. cent to Samburu Game Reserve, Meru er regions already underway. districts to work with. said. The conservation agriculture is National Park and other private wildlife Muthami said the project The project coordinator of the “We hope that this project will currently being practiced in four conservancies. will be implemented through the Dr Kuti says once the proposed airport implementing organization Tom go along way in rebuilding the African countries including Zam- becomes operational other new develop- PSDA programs to conform to the Apina said that the districts were lives farmers who adversely af- bia, Ghana, Tanzania and now ments in the region would come up and set targets that include elimination considered due to the ravaging fected the post election violence Kenya. help in improving infrastructure and keep of extreme poverty and environ- hunger and the effects of post polls and get them on a steady eco- Apina said they will put strong the region at par with other areas in the mental conservation. violence. nomic generating activity.” Apina policies in place for this particular country. The implementation of the “There is an urgent need to asserted. program to enable them achieve The proposed airport is also meant to project will be done by Sustainable implement this program, because Speaking in Kisumu during the high target and follow in the suit further boost the growth of the town. With Agriculture Information Network food production in the country inception project workshop, Apina of other countries like Zambia and its proximity to towns around Mt Kenya, (SUSTAINET) that has identified has not been keeping pace with said the project will be implement- Ghana that have benefited through the proposed airport is expected to serve small scale farmers in the selected the ever increasing population” he ed together with ministries of Ag- Meru districts, Laikipia, Embu and Nyeri. this project. The Link, June 2010 DEVELOPMENT 21 KFS set to launch forestry guidelines By JOEL JUMA jana projects. degraded areas for the now emerg- Over 400 hactares in the re- ing carbon markets, jointly manage PLANS are underway to introduce gion has been planted with trees in important ecological areas among guidelines for management and the past and the project targets to many other activities. conservation of forests across the plant a similar number of hectares All these must, however, be country. around the Kenyan forests. done incognizance with the best en- The Kenya Forest Service This is in line with the new For- vironmental practices. (KFS) is working closely with the est act which notes that previous According to the Forest Act Community Forest Associations exclusion of ‘forest communities’ 2005, forest adjacent communities (CFA) to come up with the guide- from the management of forests have been identified as crucial com- lines. not only affected the livelihoods ponents in the sustainable manage- They will outline roles of each of thousands of Kenyans but was ment of forests. partner in the management of the also counterproductive as the same The Act allows them to sustain- forests across the country as well as people were responsible for the ably draw benefits from the forest specify the activities to be under- destruction of the forests in their they live in or adjacent to in order taken over a period of five years. quest to make a living albeit ille- to empower them economically and “The plans are designed to spe- gally. also allow them to own forest con- cifically benefit communities living So far KFS has approved 16 servation. adjacent to forests by giving them Management Plans and another 14 “This is a complete turn around an opportunity to draw benefits are awaiting the approval of the Di- from the past provisions of the For- from the forest while they assist rector KFS in the next two months. est Act which to a large extent al- Senior Deputy Director of Kenya Forest Service Mr Emilio Mugo in its conservation,” says Senior This will give thousands of peo- ienated local communities from the addressing residents neighbouring Gathiuru forest during the Deputy Director of Kenya Forest ple a chance to directly benefit from management of forests”. launch. Photo/Joel Juma Service Mr Emilio Mugo during sustainable forest management. The new law however requires the launch of the plan at Githiuru Plans are underway to launch that communities and forest user resentation of a cross section of accompanied by head of Highlands forest which is part of the Mt Ken- the Management Plans for Upper groups be included in the manage- Kenyans in the public service, pri- Conservancy Mr John Kinyua, par- ya forest. Imenti, Gathiuru, Kabaru, Hombe, ment structure of the Service. vate sector and communities. ticipatory forest management is the He says that about Kshs28 mil- Kangaita and Castle forests in East- This will be achieved through The new law also gives a larger way to go in forest conservation as lion has been set aside to oversee ern and Central Provinces. the formation of Forest Conservan- mandate to KFS which is the sole communities are recognized as an the implementation of the larger Once the management plans be- cies and Forest Conservation Com- organization charged with the over- integral part of conservation. Nyeri district during this financial come fully operational, CFAs will mittees (FCC) to run them.” The all management of forests in the The project is being funded by year with Kshs12 million going to- be entitled to set up eco-tourism director added. country. the Community Development Trust wards financing the Kazi Kwa Vi- sites within forests, plant trees in Members of the FCC are a rep- According to Mugo who was Fund and the Government.

Nyaribari ADB, EU to fund Isiolo-Moyale road Masaba By HUSSEIN SALESA

THE Africa Development Bank hospital to (ADB) and the European Union will jointly finance the construction of the get facelift remaining 526Km along Isiolo- Moy- ale road. By BOB OMBATI Deputy Prime Minister says ADB and the European Gesusus sub district hospital in Masaba Union will fund the remaining two South District is set to receive a face lift phases between Merille River Bridge following an allocation of Kshs0.3 mil- and town and between Mar- lion by Nyaribari Masaba Constituency Development Fund ( CDF). sabit town and Moyale town at a cost The area MP who is also Educa- of Kshs10 billion. tion Minister, Prof. Sam Ongeri, says The first phase which is scheduled the funds will help transform the facil- for completion in September this year ity which currently The MP says that has been financed by ADB at a cost of residents will not have to walk for long Kshs4.3 billion and covers 136Km of distances in search of X-ray services the road. which will now be available at the fa- The key road is expected to con- cility. nect the port of Mombasa and the He urged the hospital managers proposed port with landlocked and administrators to use the cash pru- Ethiopia that is keen to use Kenya as dently to ensure all essential machines its export route to international mar- were functional to save residents money ket. and time traveling to far flung areas in The Chinese firm tarmacking the search of services. first phase of the Isiolo-Moyale road Workers of China Wu YI construction company tarmacking the 136 kilometer stretch of the Isiolo- Medical Services Permanent Sec- is optimistic that it would complete Moyale road, which is projected to be complete in September three months before deadline in retary prof. directed its work by September, three months December 2010. Photo/Hussein Salesa managers at the facility managers to re- ahead of the stipulated schedule. pair a defective mobile X-ray machine The construction of the road along A year ago the work almost col- with water for both themselves and However the completion of the or return the dysfunctional equipment to Isiolo town to Merille River Bridge lapsed following insurgence of their livestock which the company road between Isiolo town and up to its supplier since it has been grounded over the last five years due to lack of to a bitumen standard kicked off two insecurity in both Isiolo and Sam- was forced to oblige as part of its Sereolipi in Archers Post, has im- spare parts. The PS at the same time years ago after the president commis- buru districts and biting drought that corporate social responsibility. proved transport in the upper Eastern asked hospitals administrators to pre- sioned the work in Isiolo. forced the company to reschedule its This year, said the official, the and Samburu East considerably. pare a budget that will guide in the ex- An official with China Wu yi who completion timetable of the project El-Niño rains that have resulted to Beneficiaries include the tourism pansion and equipping of the hospitals spoke in Isiolo town says the firm will from this May to December. floods in both Isiolo and Samburu sector in game reserves in Isiolo and theatre, constructing a morgue, building complete the work in September as Leaders from Isiolo, Samburu East are likely to delay their work Samburu East where accessing the a pediatric Ward and expanding the ma- opposed to the December deadline set East, Laisamis and Marsabit Cen- but adds that they have responded by parks has reduced from about two ternity wing. out earlier. tral who recently inspected the road fixing the bridge at Archers Post. hours in the past to about 30 minutes He announced that the government ‘‘We expect to finish the work were told that actual tarmacking had Heavy rainfall especially at the now. will soon dispatch engineers to the facil- within September instead of Decem- reached the 70 km mark, pavement source of Ewaso Ng’iro River at With the ongoing electricity con- ity to fix the X-ray machine and equip ber as earlier announced. This is be- layer at 95 km and earth work at 118 the Aberdares caused massive dam- nection to Archers Post and Wamba the theatre. Kiyiapi who was flanked by cause we work for 24 hours a day. km. ages in game parks in both Isiolo in Samburu East coupled with an the hospitals medical superintendent, Also improved security, co-operation Last year residents of Samburu and Samburu East that damaged the all-weather road, locals are now rel- Dr. Paul Borome, urged the managers by locals and availability of water has East took to the streets to block the key Archers Post Bridge and game ishing the benefits of development in to involve the Ministry of Public Works helped us a lot,’’ said the officer. firm’s work demanding to be served lodges. northern Kenya . to design the morgue and a storey build- ing for the facility. The Link, June 2010 22 DEVELOPMENT Kalonzo to irrigate Mwingi North By KAVYU-KURA with the idea as it would go along way in supplementing and heavily VICE-PRESIDENT Kalonzo subsidizing normal subsistence plans to initiate a multi million rain fed agriculture. irrigation scheme project in his If well implemented, he says, Mwingi north constituency in a the project would supplement the move aimed at eradicating pov- Government’s fight against pover- erty. ty and improve the income levels The Usueni-Wikithuki irriga- of the beneficiaries thus making a tion project in Tseikuru District significant positive contribution is estimated to cost Kshs2.7 bil- to upping rural income. lion. The project is part of efforts Besides creating employment, geared towards alleviation of Kaleve further says, the project hunger which has become syn- that is projected to directly ben- onymous in the constituency. efit 5,000 households and irrigate In April, when the VP hosted 3,205 hectares is also hoped to celebrations to mark his 25 years increase the food supply chain by as a Member of Parliament, he increasing the acreage under ef- visited some of the areas ear- fective farming marked to benefit from the irriga- The 52-Kilometer gravity tion scheme and told the locals to pipeline together with the reset- brace for good days ahead once tling of members of the coopera- the project takes off as they will tive society near the irrigations usher a new era of bumper har- scheme will approximately cost vest. Kshs2,749,054,928 according to The VP who spoke at Usueni the feasibility report. Secondary school and Musavani “It should be noted that the trading centres where he inspect- area is sparsely populated and ed education and water projects should farmers who will be ir- implemented by the World Vi- rigating the farms not be settled sion Non-governmental organi- Kalonzo introduces members of a church organization that has interest in the irrigation near the project, most of them zation (NGO), introduced some project at Musavani market. Photo/Kavyu-Kura will be trekking over 4 Kilome- members of an American church tres to their plots, therefore mak- that he said was willing to offer the waters of the nearby River had approached the water depart- District irrigation officer in charge ing effective farming impossible,” technical support for the irrigation Tana for crop production and food ment in Mwingi who undertook a of the larger Mwingi area. reads the report in part. project. sufficiency. feasibility study to come up with In an interview with The Link, The implementation of the The V-P said that at the mo- River Tana forms the eastern the actual costing and the design Kaleve points out that the area multi-million project will entail ment he was engaged in high-lev- boundary of the project area and is of the project. earmarked for the projects has the construction of the intake el discussions with friendly do- the main source of water for most “Due to frequent famine that fertile soils and hot climatic con- works, the laying of the main nors and countries to see whether members of the self help group visited our area, we decided that ditions conducive to high value pipeline and the sub main and he could be able to clinch a deal who live in the lower slopes of the only panacea was by estab- horticulture. other distributions lines besides for ample financial support which the Mwingi north game reserve. lishing an irrigation scheme that He notes that frequent crop the infield system. would kick off very soon. Most of the households are found would ensure that our families failure due to erratic and unreli- Other works will include the The irrigation scheme projects between one and two Kilometres have food throughout the year re- able rainfall has subjected the construction of roads and gullies, is the brain child of a small group from Tana River. gardless of the erratic rainfall pat- locals to frequent food shortages, crossings and the creation of new of local people who came together The Chairman of the self-help tern,” said Mr. Kakuru. unemployment, low household settlements for the farmers. Eight as a cooperative society-Usueni- group Mr. Nzomo Kakuru told The feasibility was carried out incomes and general food inse- percent of the total cost would go Wikithuki irrigation self-help The link in Mwingi recently that by a team of experts led by Mr. curity. The officer lauds the local into supervision and contingen- group-who were out to harness for technical support, his group Paul Munyau Kaleve who is the community group for coming up cies. Women Fund Youth fund gets more cash underutilized-official By PETER MUTUKU is an elitist loan program that only serves those with sophisticated By BEKDAZO TONDO revealed that Women in at least 12 THE government has earmarked business proposals. constituencies in the country are yet Kshs500 million for the Youth En- Waweru says that on the contra- WOMEN in Malindi are yet to spend to spend a single cent of the Women terprise Development Fund during ry, all youth owned enterprises and a single cent of the Women Enterprise Enterprise Fund. the current financial. registered groups are eligible add- Fund (WEF) despite the money being According to the report, women’s According to Youth Affairs PS, ing that the fund has recorded great readily available for borrowing. groups in the affected constituencies James Waweru, the allocation will success including establishment of The fund which seeks to empower are not aware the fund exists while be in addition to over Kshs2.5 bil- partnerships with four financial in- women economically largely remains those who have heard about it don’t lion disbursed to 79,000 youth en- stitutions which encouraged by the underutilized in the area as majority of know how to apply for loans. terprises in the country since incep- funds progress have leveraged its the beneficiaries lack information on The women Enterprise Fund was tion of the fund three years ago. resources. how they can access the credit. conceived by the Government in 2006 Waweru says the fund reaffirms The PS who was accompanied According to an administrative and officially launched in 2007. The government’s commitment in im- by CEO Omuro Wario and chair- officer in the area Mr Kashero Chin- principal objective of the fund is eco- proving the lives of young people man James Gitau Singh says in or- yaka, most women are not aware of nomic empowerment of women. in the country and notes with satis- der to expand and reach out to more the funds while the few who have Women Enterprise Fund loans faction that the cash that has been youths and increase the positive been able to access the money are yet reach the target beneficiaries through disbursed has served to positively economic impact, the Ministry will to repay the loans advanced to them. selected financial intermediaries and transform the lives of young Ken- require improved budgetary allo- He says that it is ironical that a directly through Constituency Women yans. Mr. Waweru: Youth Affairs PS cations from the current Kshs500 huge chunk of the money lies idle Enterprise Scheme (C-WES). “This transformation has in- million annually. while the same people targeted for the As at February 28, 2010 a total of cluded training youth entrepre- nomically is a critical component The PS also encouraged youths funds were wallowing in poverty. Kshs.914. Million had been loaned neurs, assisting others to obtain towards the realization of Agenda who benefit from the fund to en- He says that a deliberate campaign to women, with Kshs648.5 Million employment abroad through the Four of the National Accord as well sure they repay in good time so that must be undertaken to sensitize wom- being channeled through Financial labour export component and as- as vision 2030,” adds Waweru. more youths are able to access the en in the area on the need to access Institutions (FIs) and Kshs265.5 Mil- sisting the youth to engage in vi- Waweru who spoke during a re- revolving funds. credit. lion through C-WES. Over 186,190 able enterprise access markets for treat for board members challenged “All funds that are accessed as Last year, a study undertaken by women have benefited from the WEF their products and services through members to demystify the funds loans must be repaid since any de- the Kenyan Chapter of the Federa- through both the financial intermedi- organized trade fairs,” adds the PS. mandate to Kenyan youths and faults would deny thousands of oth- tion of Women Lawyers (Fida-Kenya) aries and the C-WES. “Empowering the youth eco- help dispel misconception that it er youths immense opportunities. The Link, June 2010 23 DEVELOPMENT Kiambu to become referral Hospital By FIDELIS KABUNYI was selected under the ESP pack- age because it is centrally located has PLANS are underway to elevate Ki- been functional over the years with the ambu District Hospital into a referral work load currently standing at an im- hospital at a cost of Kshs 54m. pressive figure. According to the District Medical The dispensary will serve a popu- Officer of Health Romano Kinyua, the lation of over 10,000 people on com- funds will go towards the construction pletion. of a 90 bed capacity maternity wing The upgrading of the facility is which will be equipped with a post geared towards realizing the Mille- natal theatre. nium Development Goals. The official says that the project Meanwhile, conflict between will be implemented in two phases former Kiambaa Mp within a period of two years. and the incumbent MP Stanley Git- On completion the facility will hunguri over who initiated a CDF boost the hospital capacity which cur- sponsored health facility has delayed rently undertakes 40 deliveries in a operations of the dispensary. day and help decongest the maternity Muchatha dispensary which has wing whose bed capacity currently already been gazzeted as Ministry stands at 37. of Health facility was set to become Kiambu District Hospital serves operational in February after having an overwhelming number of patients been funded to the tune Kshs4million. from Mathare, Nairobi West, Karume initiated the project dur- and towns. ing 2006/2007 financial year using The DDO says that leaders from CDF money and while Githunguri has the area have unanimously agreed overseen the completion of the whole to support the elevation of Gathanga facility. Dispensary into a health centre under Kinyua says that a clinical officer Economic Stimulus Programme as was sent but he could not start work. part of efforts to decongest the District Drugs valued at thousands of shil- hospital. lings are lying idle in the facility as the The official says that the dispen- conflict between the two leaders take sary is set to receive Kshs20 million center stage. under the ESP package. He explains The DDO now says that the gov- that Kshs16.2 million will go towards ernment will spent an additional Kiambu District development of- Kiambu District hospital medical officer Romano Kinyua the upgrading of the facility while Kshs1 million to equip the facility ficer David Kirimi says that talks are displays a layout of the ongoing construction of a Maternity Kshs3.8 will assist in equipping the with drugs as the initial consignment under way to ensure that the facility wing interconnected with a theatre. Photo/Fidelis Kabunyi same. has expired and was detrimental to the becomes operational by August. He says that Gathanga dispensary health of residents. ADVERTISING State to stem child labour in Bunyala Your support as our reader or advertiser ensures that the stories By GILBERT OCHIENG that matter - the stories that help people make decisions about their education, health, governance, their livelihood, and their THE government will soon embark on a major crackdown in Bunyala communities - reach them in a simplified but factual way. District geared towards eradicating the rising cases of child labour in the How to Advertise area. A District Officer in Bunyala Mr Send us the details of what you want advertised and we’ll do the Richard Ajwang says that an im- rest. These can be sent in electronic form as e-mail attachments or promptu crackdown will be conduct- in diskettes/CDs as well as hard copies. ed at the grassroots level and along the beaches to help eradicate child labour once and for all, adding that parents allowing their children to work at the Our advertising rates are as follows: said beaches will also be arrested and Full page colour Kshs. 72,000 charged in a court of law. Full page black and white (inside) Kshs. 40,000 The administrator says that some parents and guardians have allowed Half page (Black and White) Kshs. 20,000 children to access beaches in search of Quarter page inside Kshs. 10,000 employment at the expense of educa- The Link Classified Kshs. 4,000 tion instead of taking advantage of the Front Page Earpiece (colour) Kshs. 8,000 free primary education (FPE) to enrol their children in school. Front page strap Kshs. 6,000 The DO who spoke during the Back page strap Kshs. 4,000 Area Advisory Committee forum at Back Page Earpiece Kshs. 7,000 the Port Victoria Town Council Hall under the auspices of the Kenya Alli- It is an offence to overwork children at their tender age. Front Page Solus (colour) Kshs. 20,000 ance for the Advancement of Children Back Page Solus (colour) Kshs. 15,000 (KAAC), expressed concern over the same time urged stakeholders to assist undertake a marathon sensitization of increased cases of child labour, child in the setting up of a children’s home children and parents at the grassroots Special Rates neglect and child abandonment in the in the district where the orphaned level on Children Act and how it can district. vulnerable children (OVCs) can be effectively be implemented and hence We offer very special rates for advertisement of charitable activities “A spot check along the beaches housed and accorded proper care. win the war on child abuse. programmes or services. To get special rates, contact the Editor or has established that majority of the The Bunyala District Children Of- The regional programme officer the Editorial Assistant. children who have attained the age ficer Mr Maurice Okiru, on his part (Western) of the Kenya Alliance and of going to school and those who are called for the establishment of a Chil- Advancement of Children(KAAC) already in school are being lured by dren Protection Unit (CPU) at the Port Mr John Oduor on his part said his The details should be mailed to the Editor, P.O. Box 7438, 00200, commercial boat owners to ferry pas- Victoria police station where the child organization will host a training work- Nairobi, Kenya. Telephone 020-601776, 020-3572365. You can also sengers between one beach to another offenders will be confined to avoid be- shop for the members of the Area Ad- e­mail us at [email protected] or [email protected]. at a fee at the expense of education,” ing molested by adult suspects. visory Committee to appraise them on NOTE: All payments should be made through cheques, payable to: adds the provincial administrator. The children officer at the same their roles and objectives in the war The provincial administrator at the time said there was urgent need to against child abuse cases. Institute for Civic Affairs and Development (ICAD). The Link, June 2010 24 AGRICULTURE

Mwingi farmers accuse local NCPB of graft 100 fish ponds built in By KAVYU-KURA Kiambaa Mwingi National Cereal and Produce Board (NCPB) depot management has been accused of involvement in By FIDELIS KABUNYI shady deals that denied maize farm- ers Kshs2 million in sales. A TOTAL of 100 fish ponds have been A prominent Mwingi farmer constructed in Jones Nzomo Munyithya says that under the Economic Stimulus Project at although treasury released Kshs2 cost of Kshs59,000. million to the depot for purchase of According to Kiambu District Fish- maize from local farmers, there is eries Officer Raphael Kasiu the project nothing tangible on ground to reflect is now on its second phase of imple- the desired results. mentation .The DDO says that the gov- Mr. Munyithya accused the depot ernment has delivered 150 kg of feed manager of instead buying maize per fish pond and fertilizer while each from traders who had sourced the farmer is expected to inject another 80 same from as far as Busia effectively kg of the same. Speaking in Gathanga while visiting denying local farmers their rightful a fish farmer, Kasiu said that each pond share of the government allocation Lorries packed outside the Mwingi NCPB depot on the day buying of maize was suspended. has 1000 fingerlings which the Tilapia to them. Photo/Kavyu-Kura fish have been feeding on for the last Speaking to The Link on behalf 90 days before the commencement of of fellow farmers and cereal deal- maize from Busia to come forth. decision to stop buying the crop was paid awfully low for the crop. the actual feeding programme. “This is ers, Mr Munyithya said that failure “We are expected to operate unfair and punitive considering that A spot check at various areas in because the fingerlings reproduce faster by the NCPB depot to receive maize without being policed by the media the farmer had not even sold  a Mwingi and Kamwongo it was clear hence providing continuous food supply from local farmers had defeated the or any other person. We do every- quarter of their harvest following the that dealers were buying the maize to the Tilapia,” he adds. very purpose for which the govern- thing in a transparent manner and recent good yields. for as little as Kshs12 a kilongramme The fisheries officer explains that ment had released funds to buy sur- besides Kshs2 million is too little Speaking on behalf of farmers which translates to barelyKshs 1080 the Tilapia was being fed with the fin- plus maize from Mwingi farmers. and not everybody could have got a Ms. Mumbe Muna said that it was for a 90 kilogramme sack of maize. gerlings as Kiambaa ecosystem is not “It is sad that when the then min- share,” explained Kiragu when we unfortunate that the farmers were A trader a Kamuwongo Ms. favorable to the fingerlings. ister for agriculture visited his office. being exploited by brokers and mid- Munanie Musyoka had this to say: Kasiu says there implementation visited the Mwingi depot in mid Meanwhile the abrupt suspen- dlemen who buy the crop at a throw “It is true the price is too low but process was faced with a number of March he ordered the release of the sion of the Purchase of Maize from away price. She appealed to local we cannot buy the maize at a better challenges including floods caused by money to be used to buy maize from local farmers by the NCPB Mwingi MPs (Mwingi price because we also have nowhere the heavy rains that have hit most parts local farmers but instead the money in late April, left farmers and cereal North) and David Musila (Mwingi to sell it. The other day I took a big of the country. went to foreign traders who got traders in a dilemma. South) to come to their rescue. quantity to the millers at Mwingi but The officer however says that the first harvest is expected to be in Decem- their maize from Busia,” claims Mr. Those who had delivered their “Farmers have huge quantities they declined to receive it. Munyithya. ber. Harvesting, handling and market- maize at the depot were taken aback of maize which they expected to sell The Mwingi NCPB deport man- ing is set to be done by clusters of 18 He said in order to avoid suspi- when they were confronted with a to meet their domestic obligations. ager Paul Kiragu defended his de- farmers per harvesting. This will assist cion, the Busia maize was initially notice pinned at the entrance indicat- Our MP Kalonzo Musyoka who is cision to stop the purchase of the in terms of controlling market prizes stored at hired stores in Mwingi ing that the buying of Maize crop the Vice President and David Musila maize crop saying he was obeying and hygiene as the activities will be town and other nearby markets cen- had been suspended indefinitely. of Mwingi South should now step in orders from his superiors and there done by the farmers under the guidance tres like Mbondoni and were later al- The move by the Board placed and save us from this dilemma,” said was nothing he could do to help the of a competent aquaculture extension legedly offloaded at the depot under local farmers and small time cereal Muna who added that she had 500 situation. officer. the cover of darkness. traders at the mercy of brokers and bags ready for sale. “This is something beyond my St Annes Lioki is set to benefit from But in a rejoinder, the Mwingi middlemen who had taken to ex- She lamented that at Kshs2,300 a powers. I cannot offer any explana- a liner pond which will be constructed NCPB depot manager Mr. Paul ploiting the window of opportunity bag, the NCPB was the best buyer of tion why it has happened or even say at a cost of Kshs90,000. This follows a Kiragu dismissed the allegations as to make a quick buck. Maize as even a local maize miller when buying willd resume because I resolved by leaders that the institution baseless. He challenged those with The stranded farmers who have bought a sack of maize for a paltry am just acting on instructions from benefits with a liner pond as specified evidence that the depot had bought nowhere to sell their maize said the Sh. 1,450 while locals cereal dealers my bosses,” adds Kiragu. under the ESP programme. Central farmers trained in fish farming By JOSEPH MUKUBWA The 44 trainees will further be phase of the programme while 350 able to train some other 280 fish ponds are in the final stages com- FARMERS in , farmers in 140 constituencies, who pletion. who have traditionally relied on will thereafter be deployed in short The stocking phase has also maize, coffee and tea production term as trainers of over 30,000 fish started where over 2,163 ponds as their only source of livelihood, farmers country-wide. have been stocked with certified will soon be able to reap highly During the training, partici- tilapia and catfish seeds. from fish farming. pants learnt about fish farm - de The programme has created de- This follows the training of 44 signs, water quality management, mand for about 28 million certified people among them farmers and fish culture and nutrition, tilapia tilapia and catfish fingerlings and government officials on fish farm- sex reversal, catfish production, of 14, 000 metric tones of speci- ing at Sagana fish farm in Ndia brood stock management, fish fied and formulated fish feeds. De- constituency. health management and econom- mand for the two commodities is The introduction of fish farm- ics of fish among others. set to rise to 100 million and 100 ing in Central Province will The training follows the launch 000 metric tones in the medium enhance food security, create of the fish farming enterprise pro- term respectively. employment opportunities and ductivity programme under Eco- Breeding facilities for certified guarantee healthy living among nomic Stimulus Programme (ESP) fish seeds and commercial produc- the people. in which the government plans to tion of certified fish feed are thus The training comes a year af- construct 28, 000 fish ponds in 140 great opportunities for private ter the area suffered from massive constituencies country wide. hatcheries that will act as distribu- The ESP package is expected tors with the government only reg- drought due to over reliance on A fish pond in Gathanga. Photo/Fidelis Kabunyi maize which was most affected by to increase the number of fish ulating them to ensure that quality lack of enough rainfall. ponds in the country to 100, 000 seeds and feeds are distributed. and raise aquaculture production The minister has also instruct- equate liners so as to keep the ef- This programme is with the The programme is expected to support of the Israel Government succeed since Kenya has a vast to over 20, 000 metric tones in the ed the aquaculture working group forts on track and to ensure sus- short term to over 100, 000 met- to institute measures that will ad- tainability. which is supporting the develop- network of water bodies that favor ment of fisheries sector in Kenya farming of a wide variety of fish ric tones in the medium and long dress challenges such as lack of He is also initiating measures terms. adequate fingerlings, fish feeds, that will help to zero- rate the lin- and which had provided the train- species for commercial and food ers of the training. value. A total of 13,700 fish ponds stocking and operationalisation ers so that farmers can obtain them have been constructed in the first of the ponds and also lack of ad- at a cheaper price. The Link, June 2010 AGRICULTURE 25

By JOSEPH MKUBWA AFC to OTHAYA coffee farmers in Othaya have acquired a coffee mill at a cost Othaya coffee farmers allocate funds of Kshs 12 million. The farmers, numbering 14,000 drawn from the 19 coffee factories af- to paying filiated to Othaya Coffee Farmers Co- acquires a new mill livestock operative Society, will now be able to mill their own coffee without relying on commercial millers. farmers The society produces an average of 3 million kgs of coffee per year and By FIDELIS KABUNYI hopes to produce more now that they have a mill around. LIVESTOCK farmers will soon The mill was delivered recently at start receiving payment for animals Gatuya-ini Coffee Factory from Bra- sold to the Kenya Meat Commis- zil. sion (KMC) from the Agricultural “It is a dream come true since the Finance Corporation (AFC). plan to acquire the mill was mooted Livestock Development Minis- four years ago. We shall now save a ter, Dr. Mohammed Kuti, says his lot of money by milling our own cof- Ministry was working out modali- fee,” says the chairman of the society ties of payment with AFC to KMC. Mr Newton Mwangi. “My ministry will sit down with Othaya Farmers society is the sec- AFC and see how they can help ond farmer’s society in the country to livestock farmers get paid in due acquire their own mill after Komothai time as the four month waiting pe- Farmers Cooperative Society in Ki- riod is unreasonable,” adds Dr. Kuti ambu district which has been opera- during a farmers fields day in- Ki tional for several months. ambu. The project started in year 2006 Dr. Kuti at the same time re- when the society wrote a proposal vealed that milk production in the to European Union requesting for country has gone up from 2.2 bil- Kshs50 million grant. lion liters to 4.2 billion liters due to The bid was not successful but the revival of new KCC. He says they later managed to get Kshs8 mil- that the Ministry of Finance has lion from Taifa Sacco as loan. The allocated Kshs 300 million to the farmers contributed Kshs5 million Kenya Dairy Board to compensate through shares. The minimum shares farmers. sold were 1,800 and maximum were “The ministry of finance has 3,600. “The mill will benefit farmers given the Kenya dairy board money and enable them to consolidate their to compensate dairy farmers on the earnings through reduced costs,” says Othaya Coffee Farmers Cooperative Society chairman Mr Newton Mwangi point at the new wasted milk. Farmers also need to the chairman. coffee mill at Gatuya-ini Coffee Factory in Othaya recently. Photo/Joseph Mukubwa embark on value addition through The society’s current production establishment of cottage industries stands at 3.6 million Kilogrammes or small processing plants in their but with their own mill, production The machine will provide em- coffee is complete, clean coffee will come that will be generated from the respective areas,” adds Dr. Kuti. is set to go up to over 20 million ployment opportunities among youth be delivered to warehouses in Nairobi sale of husks. Machira Gichohi who is the kilogrammes per year. Ten years ago, who can now help in the milling of where it will then be marketed by the The society has also acquired a Kenya dairy board managing di- production stood at 9.5 million Kilo- different grades and packaging of Kenya Cooperatives Coffee Export- bone hauler which has been going rector says currently the board was grammes but this declined to 1.4 mil- clean coffee. ers (KCCE) Ltd. round the 19 factories processing the encouraging the 25 processing units lion Kgs due to mismanagement. Once the milling of parchment Farmers will also benefit from in- dry coffee. in the country to look for markets in other countries to address the milk glut. “The board has also embarked on strategic food reserve which Gusii tea growers opposed to new bill entails preservation of milk into powder and beef into canned beef,” By BOB OMBATI ing, marketing and management of The directors note that most adds Gichohi. tea factories. The court overruled factories have secured loans to ex- Githunguri Member of Parlia- him. pand and modernize their facilities ment Peter Baiya also in attendance SMALL scale tea growers in Gusii The bill by Ruto had sought to while offering farmers fertilizer asked the government to establish region have vowed to oppose empower Agriculture minister to credit schemes which they recover proper guidelines for the industry the adoption of the proposed Tea pick five of the eleven Tea Board through check off system. Current- and take stern measures due to the (Amendment) Bill 2010, which of Kenya ( TBK) members, a move ly, the factories are repaying a loan global warming which might affect seeks to liberalise the sector and im- that was vehemently opposed on of Kshs6 billion. the sector which has contributed to prove on the welfare of small scale the basis that it intended to hand They say in 2008/2009 financial the national economic growth. tea farmers. over the industry to powerful indi- year, KTDA managed factories re- “The livestock ministry should The farmers, who have teamed viduals for selfish interest. covered Kshs1.04 billion on behalf put in place mechanism to contain up with fifty three Kenya Tea De- And now the controversial Bill of the Saccos through check off the influx of cheap imports of milk velopment Agency (KTDA) tea by Kones proposes that eight of the system, stressing if the structures products in the country to protect factory directors, are pushing for board members be appointed by the were destroyed, the Saccos would the local industry,” adds Baiya. the withdrawal of the bill intro- Minister and leaves only three for collapse. duced by MP for Konoin, Dr. Julius the tea industry as opposed to the The directors noted that if the Kones, terming it as retrogressive, current situation where the tea in- Bill sailed through, the fertilizer draconian and meant to impoverish dustry has seven seats on the board. scheme, whose value stand at them. The directors cites section 8B Kshs2.1 billion in 2009 cannot be Led by directors John Nyaga- Dr. Julius Kones which states as follows: “Notwith- sustained under the new Bill. “The rama and Ben Matonda, the farmers “We are told that the Bill, when standing the provision of this Act KTDA structure enabled farmers say the Bill was in bad faith, driv- enacted would benefit farmers by (Cap 343) or any other law, a tea access quality fertilizer at competi- en by ulterior motives and had by opening up the tea industry, but a grower may deliver green leaf to a tive rates. a large extent ignored the input of close scrutiny on the provisions of factory of his choice” The tea industry, adds Nyagara- stakeholders who should now be al- the bill reveal a deliberate attempt “This means that the Tea Board ma contributed 4 percent to Kenya’s lowed to recommend amendments to place our factories in the hands of can register individual farmers and Gross Domestic Product (GDP) necessary for the enhancement of foreign firms, said Matonda. de-link them from their individual in 2008/2009 financial year with reforms in the industry. Kones forwarded the Bill un- factories and deny them the benefits exports valued at Kshs70 billion. The two argue that if the pro- der private members motion a few of collective action,” adds Matonda. He says farmers in Gusii region posed law becomes operational, months after a similar one was in- They say that savings and Credit owned less than 0.5 acres under then farmers will be left at the mer- troduced by the immediate former cooperative societies (Saccos) stand tea bushes, noting without KTDA cy of brokers and foreign investors Agriculture minister William Ruto to lose since it would be impossi- factories, the livelihood of over who were currently reaping huge which was designed to fully em- ble to recover loans advanced to tea 500,000 Kenyans in the industry profits from the sector. power the minister to control licens- farmers. was at stake. Dr. Kuti The Link, June 2010 26 AGRICULTURE Miwani, Nyagah urges Muhoroni New law set to end farmers to sugar firms to buy New KCC be privatized KTDA’s monopoly By JOEL JUMA THE Government plans to privatize By JOHN NYAMBUNE the New Kenya Co-operative Cream- eries (KCC) in the next six months According to the minister for Co- A PARLIAMENTARY watchdog operative Development Joseph Nya- committee met directors of Ken- gah, the process of privatising the dairy ya Sugar Board and Government company was at an advanced stage. representatives to discuss priva- Thus he urged farmers to mobilise tization of Miwani and Muhoroni funds to buy shares to own the organi- sugar companies. sation. The agenda of the meeting also Nyagah says the move is aimed at included having KSB table a list ensuring the organisation reverts back of companies importing sugar into to its owners after a successful bid to the country which is killing the revitalize the once moribund body. production of the commodity lo- The Minister adds that soon he will cally. announce the new managing director. Chairman of the Parliamentary “We are almost set to announce Departmental Committee on Ag- the results,” says Nyagah who was riculture John Mututho expressed speaking in Kakamega at a meeting of concern with the fate of the two leaders of cooperative societies drawn sugar companies under receiver- from Western province. The minister ship. was accompanied by Commissioner of Cooperatives Fred Odhiambo and Farmers have criticized the Re- Western PC Samuel Kilele. ceiver Managers for failing to re- Nyagah at the same time called on vive the factories and want the fac- farmers in sugar cane growing zones to tories privatized altogether. KSB mobilise resources to purchase shares towards the end of February this at Nzoia Sugar Company which is set year reviewed the performance of for privatisation. the receiver managers at Miwani He urged farmers in Nzoia sugar and Muhoroni Sugar companies as belt to get funds from Cooperative their term ended. The KSB Chief Bank and other institutions in readiness Executive Officer, Mrs Rosemary for the purchase of shares. Mkok, took the committee through A tea plantation The minister reaffirmed govern- challenges facing the sugar sector ment’s commitment in ensuring that terming some historical with high all cooperative societies retain a sound auctioning. financial base to avoid being displaced costs of imports. By JOHN NYAMBUNE to sabotage reforms in the tea sector, “We are small production farms which the bill seeks to address and Dr Kones said farmers will be by commercial banks in mobilisation while we are competing with large challenged KTDA to come clean on liberated from the KTDA oppres- of resources. Harambee Sacco is doing scales farms,” she said and cited THE monopoly of Kenya Tea De- their intentions. The MP said once sion and will be at liberty to sell well and it can even turn itself into a the Sudan’s Kenana Sugar Com- velopment Agency (KTDA) as the bill becomes law it will review their produce to any factory or com- bank as it has the required share capital pany in Sudan which is capable of a sole marketer and regulator of the composition of the Tea Board pany provided they reap maximum and members,” said Nyagah. He explains that that there was no producing 300,000 MT of sugar the tea industry in Kenya is set to from the current 18 to 11 members. returns. end once the newly published Tea “We are certain that the new law need for one to be called a chairman per year. “The board will also be reviewed whereas they are leading a tiny soci- Mrs Mkok also expressed con- (Amendment) Bill 2009 is enacted to ensure that those with direct will guard against the increased charges and long supply chain and ety. He adds that the Government was cern that Kenyan sugar companies into law by parliament. interest mainly farmers, relevant still opposed to the move by the Kenya were relying on rain waters saying Small scale tea farmers under ministries, marketers and other pro- minimize corrupt cartels who are Tea Development Authority (KTDA) that was a challenge compared to the union of Small Scale Tea Own- fessionals are represented. The bill reaping billions from the tea sector to venture into micro finance services. others using irrigated water. She ers (KUSSTO) have welcomed the will provide the board with addi- and impoverishing small scale tea He says KTDA should retain its origi- was accompanied by KSB chair- proposed Private Members Bill tional functions including licensing farmers,” he said. nal mandate as a tea manufacturer in- man Okoth Obado and a director drafted by Konoin MP, Dr Julius of management agents, brokers and He tore into the KTDA manage- stead of venturing into financial sector Soulo Busolo among other repre- Kones, saying the proposed law parkers. It will also ensure value ad- ment saying their pretense to be as this could amount to double stand- sentatives from KSB and minis- will fully liberalize the tea sector dition to enhance returns for the tea champions of farmers as opposed ards and lead to conflicts with coopera- tries of Agriculture and Finance. and pass benefits to farmers. industry and growers as a whole,” to real oppressors of over 420,000 tive societies. Mututho was accompanied by The union leaders, who met with said Dr Kones. farmers will end with the new leg- Mukhweso says the Government his vice chairman Lucas Chepki- the MP to understand the provisions The MP said the proposed law islation. The law, he added will re- was in the process of ensuring that the tony (Keiyo North), and a com- of the proposed law said the bill will will ensure that the industry is fully peal the existing Tea Act Cap 343 collapsed Webuye Pan Paper Mills mittee member Itwiku Mbai (Mas- reform the industry and maximize liberalized with farmers having con- and ensure that only professionals remits over Kshs160 million it owes inga). Mumias MP Ben Washiali benefits to all members. trol in the management of factories in the areas of agriculture, law, fi- members of cooperative movement. attended the meeting as an inter- The Union, together with the and will be able to market their tea nance and marketing without direct He says that the revival of the fac- ested person to fight for the griev- MP hit out at KTDA accusing it of directly to highest bidders even interest in the industry will sit in the tory should see members getting their ances of sugar farmers. promoting misinformation in order abroad as opposed to the current tea Tea Board. money from the new management. KUSCCO calls for removal of mortgage taxes By JOEL JUMA members should not pay duty for the Kimutai at the same time reveals frontation. not computerised their services and importation of vehicles as they con- that Kuscco will oppose any move Mukhweso explains that the Gov- failed to put in place proper banking tribute 60 per cent of the country’s by the Kenya Tea Development Au- ernment will continue to advocate for facilities will be phased out when the THE Kenya Union of Savings and economy. thority to register as a micro finance the merging of societies that fail to new regulations become effective. Credit Cooperatives (Kuscco) wants “We hold over Kshs200 billion organisation. comply with the new regulations be- Mukhweso says the Government the Government to waive taxes in terms of savings and deposits. We Kimutai says that KTDA should ing introduced in the cooperative sec- was also pursuing employers, who charged on mortgages to enable its need to enjoy some benefits from the concentrate on tea processing instead tor. have failed to remit money meant for members access credit facilities. government,” he says. of venturing into financial services. He says Western province has less members of cooperative societies to Kuscco argues that the benefits Ototo was speaking during a del- “This is unwanted competition as than 10 societies that may survive curb delays in the provision of loans currently being advanced to investors egates meeting at a Kakamega hotel it is the work of farmers to form co- when the new regulation comes into in the sector. in the insurance industry should be which was presided over by the Kusc- operatives and not the manufacturing operation. He explains that Teachers Serv- extended to members of cooperative co national chairman Fidelis Kimutai firms such as KDTA,” said Kimutai. “Majority of them may be forced ice Commission and local authorities movement to curb disparities in the and director Joseph Sagalla. Western He explains that his organisation to merge as they will not be approved have been identified as major default- provision of mortgage services. Provincial Director of Cooperatives has written to the Minister for Coop- by the regulatory authority,” said ers who had contributed to the poor The union’s Managing Direc- Nathan Mukhweso also addressed the eratives Joseph Nyagah to invalidate Mukhweso. performance of societies in provision tor George Ototo further says that meeting. the move to curb unnecessary con- He explains that societies that have of financial services to members. The Link, June 2010 NEWS FEATURE 27 Mwalimu SACCO worried over state directive


A TEACHERS saving and Credit Cooperative (SACCO) Society is apprehensive that stringent pro- visions imposed on SACCOS would lead to reduced earnings due to the high cost of implemen- tation. The net effect according to the Mwingi Mwalimu SACCO Soci- ety Mr. Charles Munyoki Vira is that members would not reap the benefits they previously enjoyed as returns and dividends would be adversely affected. Worse still, the SACCO boss points out that through the new- ly established SACCO Society Regulatory Authority (SASRA), societies that will not adhere to regulations would not be allowed to pay any dividends to members. Mr. Vira made the stunning revelations during his organiza- tions Annual General Meeting (AGM) held at the Muithi Museo Catholic Church hall in Mwingi town where he however disclosed that the demanded standards ap- plied to all deposit taking SAC- COS in the country. “My fellow cooperators, the minister for Cooperative Devel- opment and Marketing has insti- tuted regulations to provide mini- mum operational regulations and prudential standards in all deposit taking SACCO Societies in the Mr. Charles Vira addresses the Mwingi Mwalimu SACCO AGM recently. Photo/Kavyu-Kura country,” said Mr. Vira. He further told the SACCO affecting our projected surplus,” seeking financial assistance from Nevertheless, despite the set- year. Members deposits went up members that with the imposed lamented the Chairman. the Commercial banks as they back, the Chairman says, the to a high of Kshs121.5 million regulations, they must prepare He says as the Kilimo loan would end up being exploited and SACCO had continued to grow. from 11.3 million within the pe- themselves for a reduced rate was suspended to the chagrin of left high and dry. “Please mem- The share capital increased with riod under review. of surplus to enable the society honest cooperators and guaran- bers, the solution to your finan- an impressive margin to stand He says that the SACCO mem- sufficiently meet the SASRA re- tors, the SACCO management cial problems is in your SACCO at Kshs2.6 million in 2009 from bership stood at 1128 in 2008 but quirements. had set its eyes on putting in but not banks, “pleaded Mr. Vira. Kshs2.4 million in the previous rose to 1205 last year. He had earlier announced that place stringent control measures last year, the SACCO realized a to check defaulters and at the surplus of slightly over Kshs15 same time track down the guar- # million with a dividend of 10 per- antors and attach their salaries to cent while 11 percent was interest recover loans. on deposit. Mr. Vira who had no kind The SUBSCRIPTION FORM The SACCO Chairman told words for the defaulters took the members that under the new ar- opportunity to caution members LinkEnhancing governance for all rangement all saccos will be re- against guaranteeing loans for quired to obtain an operating li- irresponsible and dishonest col- cense that is renewable annually leagues and fellow members. at Kshs50,000. “I advise you members that Please accept my/our subscription to The Link for the period of ...... months SACCOs will also be required before you sign any loan form, to maintain a capital base of gauge the trustworthiness of dating from ...... to...... Kshs10 million that must trans- that teacher because you are tak- late to Kshs20 million in the ing a liability that shall cost you fourth year of operation. dearly if he or she fails to repay I/We …………………….………………...………………… of P.O. Box...... ….…...... …… Mr. Vira also disclosed that that loan,” cautions the SACCO through SASRA, the cooperative chairman. Code ……...…… Town …...... ….…..….…Tel No.…….……...... …. Street ...... ministry had also demanded that He further reveals that in 2009, all SACCOs must have an inter- the SACCO lost a cool Kshs14.4 Building ...... Floor ...... Room No ...... Mobile ...... …… nal auditor and must maintain15 million in members check off re- percent of the savings deposits in mittances and loan repayments as liquid assets-notes and coins. a substantial number of members Email: ……...... have paid Kshs...... The non-optional requirement sought loans with Commercial will no doubt be a tall order for Banks where they sold off any (Attached, please find money order No ...... the SACCO whose chairman says loans that had been advanced by was faced with a loss of Kshs2.5 the society. million in Kilimo loans default- He regrets that the phenom- Please send me ……...... ………....………..copies per issue every month. ing. He notes that due to the enon had adversely affected the high frequency of defaulting, the operations of the SACCO as well Signature and /or stamp of client/:...... …...… Date ...... SACCO had made the hard deci- as subjected members who had sion of suspending the product acquired loans through Com- Back issues No/Months: ...... altogether. mercial banks in serious and un- “The Kilimo loan facility was bearable financial strains. “Some horribly abused by some dis- of them had to withdraw their Fill in this form and attach a postal money order of Kshs. 660 and post back to:- honest members who borrowed shares from the SACCO as they substantial amounts of money struggled to remain afloat,” he Institute for Civic Affairs and Development and thereafter changed their pay explains. P.O. Box 7438 - 00200 Nairobi points to deny the society the Mr. Vira urged SACCO mem- much needed income and hence bers to resist the temptations of The Link, June 2010 28 NEWS Gender Mukurwe-ini water woes almost fixed Minister calls By JOSEPH MUKUBWA for protection OVER 600 households in Mukurwe-ini district are set to of orphans benefit from a water tank which has been built through CDF. By NYAKWAR ODAWO The Kshs2.4 million Gatura / Matira-ini water tank has the KENYA government is implement- capacity to hold 58,000 litres of ing a policy on the protection of the water which will be available rights of the orphan and vulnerable for domestic use to the local children (OVCs), according Gender residents who have been walk- Minister Esther Murugi ing for over two kilometers in She revealed that 2.4million search of water. children are orphans, with 48per- Local CDF coordinator Mr cent of them having been orphaned Wanjohi Maina says the tank by HIV/Aids. will be connected with water The minister regretted the death from Chinga dam through Oth- of extended family system that tra- aya Mukurwe-ini Water and ditionally protected and cared for Sanitation (Omwasco) next orphans. month. “The practice is diminishing “There has been an acute wa- owing to the devastating impact ter shortage here especially dur- of HIV/AIDS on adult population ing the dry season and now the coupled with the adverse socio-eco- residents of Gatura and Mbari nomic effects which has eroded the ya Mwichi have a reason to family resources,” she said in Busia celebrate as they will no longer town on the World Orphans Day in waste time in search of water,” a speech read on her behalf by As- adds area MP Hon Kabando wa sistant Minister Atanus Manyala Kabando while commissioning Keya. the tank. The minister said that the gov- Already Kshs1.7 million The Kshs 2.4 million water tank which Mukurwe-ini CDF is building at Gatura area. Inset: Sign- ernment is encouraging the or- have been spent in the project board. Photo/Joseph Mukubwa phaned vulnerable children to be and another Kshs 600,000 brought up in a family environment will be channeled towards the have the capacity to produce Kshs50 million by the National with the domestic water once because it is the key to proper devel- completion of the tank by next 6million litres of water per day. Water Cooperation and Pipeline the project is complete. opment and growth. month. Hombe dam cost Sh 30 mil- Company and is expected to be- Other water projects are be- “It is imperative that we focus Meanwhile the Tana Water lion while Ragati cost Sh 15 come operational by the end of ing implemented in Mwiyogo our effort in foster care so that they and Services Board has financed million. The projects started the year. and Warazo jet areas of Kieni are brought up in a family set up,” the construction of dams to the two years ago and are now fully According to the board Pub- district and will also ensure that the minister said, adding that there tune of Kshs45 million in Math- operational. lic Relations and Resource residents of both Kieni East was need on the part of the stake- ira district. Currently Hohwe dam is also Mobilization Officer Mr Beato and West districts get access to holders to work closely with the The Hombe and Ragati dams being rehabilitated at a cost of Migwi, over 80,000 will benefit piped water. department of children and see how best the objective can be realised. “To strengthen the child protec- tion responses the ministry is oper- ating the children rescue centres at the district level aimed at providing Kaliluni Polytechnic facing collapse temporary shelters to children in need of protection as their cases are being addressed,” she said. By PETER MUTUKU The Link. “We are wondering why the gov- Murugi at the same time ex- ernment is focusing more on the Kazi pressed concern over the alarming A YOUTH polytechnic in Kathiani kwa Vijana initiative, which is a short increase in the number of cases on District is faced with imminent col- term measure while ignoring long physical and sexual abuse of chil- lapse and urgently requires financial term ventures that could translate into dren across the country, adding that support to reverse the situation. personal development and address un- this worrying trend must be stopped The Kaliluni Youth polytechnic is employment,” he wondered. because such abuses affect the vic- grappling with financial constraints Situated in Iveti location the in- tims physically, mentally, socially which threaten to ground the facility. stitution is ranked second in the thus lowering their confidence and Parents now want the government newly created Kathiani district after self esteem. through the Ministry of Youth and youth polytechnic which has “The department is therefore Sports to intervene and salvage the sit- received a substantive allocation from urging the communities and neigh- the ministry. uation citing the enormous resources bours to the affected children to re- that went into its construction. The stunning revelations came The institution which was started as Youth and Sports assistant minis- port cases of child abuse to the law in 1983 by a German sponsor, Mrs JM ter who is also the area MP Wavinya enforcement officers so that legal Wember, in partnership with Africa Ndeti nnounced plans by the govern- action can be taken against the cul- Inland Church, has not befitted from ment to rehabilitate youth polytech- prits,” she said. any government funding. nics to make them more attractive. According to the institution man- “We want to make them suitable ager, Mr. Jackson Wambua, tutors choices for students who are inclined have gone for more than eight months to technical subjects, rather than being without payments. turned into last resorts by those who He says that although the institu- fail to proceed to secondary schools,” tion serves four locations within its she said. area of jurisdiction, it lacks physical She says the move aims at enhanc- structures and continue to register a ing access to technical and vocational drop in enrolment with current student training and increasing enrollment in population standing at a low of 24 . the Youth Polytechnics and targets ex- A workshop that was set to equip isting public youth polytechnics. students with invaluable skills on self Kenya’s youth polytechnic pro- reliance stalled mid way due to lack gramme is widely regarded as having of funds and today is in a state of dis- failed to meet its original objectives. repair. “Facilities at the incomplete The programme was supposed to pro- workshop have been vandalized and vide a non-formal training to unem- overgrown bushes have become an ployed school-leavers in skills directly overbearing feature at the site, adds related to local income-generating op- Kaliluni Polytechnic employee at work. The institution is on the Ms. Murugi verge of collapse due to lack funding. Photo/Peter Mutuku the manager during an interview wit portunities. The Link, June 2010 NEWS 29 Women called to support new constitution Lamu AIDS

By JOEL JUMA Ongoro and Kirambi cau- country. patients’ fate tioned women against being mis- They explained that cam- AN assistant minister Elizabeth led by individuals out to advance paigns for the draft have been uncertain as Ongoro has asked women to sup- their selfish agenda ahead of the designed to ensure that women port proposed constitution. referendum. in rural areas get the copies of USAid pulls out Ongoro who was accom- Ongoro was speaking dur- the draft to enable them make in- panied by Maendeleo ya Wa- ing an Orange Women Demo- formed choices. nanwake Organisation (MYWO) cratic Movement meeting at a “We are going to ensure that By BRIGHTON KAZUNGU Secretary General Alice Kirambi Kakamega hotel. women are not used to campaign says the draft published by Attor- The women leaders meeting against the draft even if they are THE future of more than 300 HIV/ Aids infected persons and their fami- ney General Amos Wako should was also addressed by council- church leaders,”said Ongera. be supported by women who lies in five locations of Lamu archi- lors from Western province led by Ongoro explained that women pelago is in jeopardy following a stand to gain immensely once it Bibian Wandabwa of Kakamega holding positions in the churches resolve by a donor to pull out from is adopted at the referendum. municipal council and Mary Pasi opposed to the draft should not a project supporting them in the next “We have been waiting for a of Butere/Mumias County Coun- be used to campaign against the six months. new constitution and we should cil. document. The anticipated withdrawal of not waste this chance,” adds On- Ongoro and the ODM Ex- “This draft will benefit wom- USAID funded APHIA II project by goro who is an assistant minister ecutive Director Janet Ongera Ms. Ongoro: Kasarani MP en more compared to the current September this year, is likely to have far reaching ramifications to both in the ministry of Nairobi Metro- told the meeting that the party grammes to ensure that the draft constitution,” said Ongoro who politan. will mount civic education pro- is Kasarani MP. the infected and affected families is converted into law for the in the area. The Sauti ya Wanawake (Women’s voices) which is a com- munity based organization (CBO) By KAVYU-KURA which was implementing agency will no longer be able to sustain their ac- EVEN as the civic education on Civic educators express tivities which includes paying school the proposed constitution got fees for the orphaned and vulnerable underway, civic educators in children (OVC’s) numbering almost 300 in the area. Mwingi want security guaran- concerns over their security Programs official Raya Famau teed to facilitate voter education. says they have been forced to stop A Civic educator from Mbo- some of their activities in Lamu. doni area in Mwingi Central “With the withdrawal by USAID, district disclosed that educators the project will no longer be sustain- were deeply concerned over able,” she says adding that the in- their security as they embarked fected persons and their families in on a mission to counter myths Langoni, Mkomani, Shella/Manda, and lies propagated by both the Mokowe in Faza west and Faza in NO and YES camps. Lamu East will be worst affected by the withdrawal. John Ngito says many of Famau says that AIDS victims them were concerned about their in the area still suffer from a lot of security because ahead of the stigma, and therefore once the pro- 2005 constitutional referendum, gram collapses even those infected some local politicians in oppos- will no longer get assistance to live ing camps, had asked the public positively. to lynch civic educators. “When the program started two Speaking in Mwingi town years ago, the Aphia II program was during a training workshop for already in its third year, and since it is civic educators organized by a five year project, it is set to end this year, hence throwing into jeopardy the Lower Eastern Non-govern- all our future activities,” she added. mental organizations (LENGO) During the first year of the project outfit, Ngito sought assurance in 2009, the CBO received Ksh4.8 that the civic educators would million, the second year Ksh3.7 mil- be safe as they went about their lion which has been used to fund the work. group’s activities to the infected per- He recalled that in 2005 the sons. civic educators ran into prob- “Our target was to recruit about lems with the local politicians 600 OVC’s, but we are only catering by seeking to correct assertions for about 254 orphans at the moment where we assist them with their im- by the latter that a section of the mediate needs such as health care, draft constitution had a clause sanitary towels and school uniforms that allowed the deprivations of in addition to emergency nutritional private land by a certain ethnic support for three months,” she adds. group. Lawyer Kyania Nzili (right) scan details of the draft with Jacinta Mwoni (centre) and Monicah They have now been forced to “The politicians then held Kasyoka (left) during group discussion. Photo/Kavyu-Kura suspend activities such as provision public meetings where they of shelter and reduction of clients urged their electorates to lynch Defense assistant minister David populace is very enthusiastic you power to ensure Kenyans get from about 80 per quarter to 30 at the the civic educators for champi- Musila (Mwingi South) as they about getting a new constitution the constitution they have been moment. oning for the alienation of their conducted civic education in the Meanwhile, while soccer fans and eager to be told the truth craving for, said the lawyer. around the world will be glued on the land thus most of us (educators) area. so that they can make informed He noted that the draft consti- TV sets watching their popular sport, had to go underground fearing He told them that as they em- choices and decisions as they tution could result to one of the football, a HIV/Aids organization, for our lives,” adds Ngito. barked on their work, they should cast their votes at the referen- best constitution as it matched Altimate Management, will be out In response, lawyer Kyania operate without fear or favour as dum,” said Nzili. international practices. He added in public joints fighting the deadly Nzili who is also the Mwingi they sought to dispel the myths He recalls that the agitations apposition to the draft by the disease. South constituency Committee and untruths being peddled by for a new constitution started Kenyan clergy was uncalled for According to a HIV/Aids cam- of Experts (CoE) Civic educa- the anti-constitution group. about twenty years ago to check as the issues they raised stemmed paigner and media celebrity, Walter tor told the grass-root educators The Mwingi based lawyer the excesses of the presidency from misinformation. Mong’are, Altimate Management that their safety was assured fol- stressed that it was within the that had become too authoritar- Nzili clarified that with a new Organization in conjunction with oth- lowing the enactment of a law civic educators mandate to coun- er organizations will crisscross pubs ian and usurped the role of the constitution in place, the draft and restaurants conducting behav- prohibiting incitement of any ter strongly lies peddlers on the other two legislative and judicial states that the provincial admin- ioral change talks and VCT. Nyam- form during the referendum draft constitution and ensure arms of government. istration would be retained for bane, as he is popularly known, says campaigns. Kenyans make the right deci- “In order to ensure checks purposes of public order and Altimate Management Organization Nzili further assured the civic sions at the referendum based on and balances on the increasing security and the propagation of has embarked on a campaign to edu- educators that this time round the actual contents of the draft excesses of the presidency Ken- government policies. He howev- cate higher institutions of learning they had the good will of the lo- constitution. yans started agitating for a new er said it would be restructured students on the need to abstain from cal MPs Vice President Kalonzo “Locally I can assure you that constitution and it is time you as to fit well in a devolved system sexual activities and the need for Musyoka (Mwingi North) and not only MPs but also the local civic educators did everything in of government. VCT. The Link, June 2010 30 NEWS

By BRIGHTON KAZUNGU 140 teachers MOMBASA Polytechnic University Mombasa Poly set for full College is to become a fully fledged uni- versity in the next three years. sacked over The institution’s Principal Prof. Josphat. K. Mwatelah says the univer- sexual affairs sity college which was supposed to as- university status in 2012 sume its status this year following a legal notice dated August 2007, is still in the with pupils formative stage due to delays in the es- tablishment of the university college’s By JOHN NYAMBUNE council which took place towards the end of 2008. Kenya National Union of Teachers “Despite these challenges, in three (KNUT) says over 142 teachers years time we should be able to take off have been interdicted over sexual through our parent university, the University of Agriculture and offences. Technology as an independent univer- Knut Deputy Secretary General sity,” says Mwatelah, who was appoint- David Okuta says out of the 200 ed and posted to head the institution of cases that are pending before the higher learning in March 2009. disciplinary committee, 142 cases He however says that the first batch are sexually related involving both of students who enrolled in degree pro- primary and secondary school grammes at the college are now in their teachers. third year of study. He reveals that most of the cul- Prof. Mwatelah believes that the prits are accused of defiling their Government will extend more support to pupils while others are accused of the institution to help equip the relevant indecently assaulting the pupils by departments as the students moves to touching their private parts. their fourth year. The university college Okuta who spoke during an offers Bachelor of Business Administra- Annual General Meeting says that tion, Bachelor of Technology in Micro- cases of sexual molestation have biology and Biotechnology as well as increased tremendously in the re- Bachelor of Science in Electrical and cent past and urged teachers to stop Electronics Engineering for its under- the ungodly acts. graduate students. The Knut official says that the “Our four departments of Engineer- ing are Building and Civil Engineering, fate of the interdicted teachers will Mechanical and Medical Engineering be known this month when the dis- and Electrical and Electronics Engineer- ciplinary committee sits to delib- ing are in dire need of facilities. In Me- erate on the cases. He termed the chanical Engineering, we need Numeri- situation as serious and grave and warned the culprits that they may cal machine called CNC which is only Mombasa Polytechnic which is set for full university in 2012. one in the whole country,” he says. be summarily dismissed from the In addition, he says Mombasa Poly- service if found guilty. technic University College also plans to sities to administer the adopted Jomo major challenge that I encountered was awarding status, has accorded higher ed- The union boss wondered why expand its workshop to ensure that it can Kenyatta University of Agriculture and that the staff here were not conversant ucation a diversified approach in terms of many teachers are turning against accommodate the numbers anticipated to Technology (JKUAT) curriculum but with university management and even institution type, programme and content, the students who they are supposed register “for the demand driven courses.” from last year they have had their own now I still have to rely on a skeleton of course duration and cost of training. to nurture and protect adding that The Coastal region especially in senior members of staff. staff to run the facility,” he laments. “This will offer secondary school the union will not protect any Mombasa town has in the recent past at- “We have also embarked on a pro- We also experienced shortages in leavers and other learners a wider choice teacher found guilty of the vice. tracted the presence of a number of uni- gramme to continue training our TSC classrooms forcing us to convert some of higher education programmes of employed staff members so that they can residential houses classes and with time study that meet their training needs and In March this year, First Lady versities both public and private includ- Lucy Kibaki accused Knut offi- ing Moi University, Kenyatta University, be able to attain degrees,” he says. we have managed to address the crisis. financing ability,”he notes. The university don discloses that six He also expresses the need for the If the polytechnics become degree- cials of protecting amorous teach- University of Nairobi, Pwani University ers who continue to destroy the fu- College, Daystar and Kenya Methodist of his lecturers; five at local universities government to allocate more funds to awarding institutions, the prospects for and one abroad, are pursuing further oversee the establishment of a state of inter linkages and articulation with the ture of young girls in schools. University but still Mwatelah believes She said that no deterrent action the programmes offered at the college studies at doctorate of philosophy (PhD) the art library to keep abreast with mar- universities will be enhanced adds Dr can withstand the competition due to level while 34 others with 31 at local and ket needs. Afeti. had been taken against such teach- their popularity. three at foreign universities are undertak- “If we can be given what we have “By awarding degrees, polytechnics ers and urged TSC to take severe “But we cannot say that their pres- ing their Masters programs funded by requested from the government, then it will be better prepared to meet the chal- action against such teachers. ence is not a challenge to us because the government through the university will be very possible for us to grow. Most lenges that come with globalisation in In Kirinyaga district, a primary some of the programs offered in the said college. importantly we need the government to the rapidly changing technological envi- school head teacher went missing institutions are similar to what we have,” Upon his arrival as the head of the provide us with more space for expan- ronment.” after seven pupils recorded state- he adds. institution, Prof Mwatelah can still re- sion considering that we only have 27.5 However, he also warns against ment with police accusing him of One unique feature about the insti- member a number of challenges that he hectares of land which makes expansion merely elevating the status of the poly- sexually molesting them. tution is that it admits students directly has had to grapple with including human a challenge,” he adds with great expecta- technics without upgrading their teach- The teacher according to the from secondary school at first year, di- resource related issues, limited financial tions. ing and learning facilities saying if the police has been forcing the pupils ploma holders at second year and higher resources, inadequate laboratory facili- The Secretary-General of the Com- skills and degrees to be awarded by the to have sex with him in his office. diploma qualifiers at third year of study. ties, insufficient classrooms and library monwealth Association of Polytechnics institutions are to measure up to quality, Several girls from the school Initially the institution heavily relied facilities. in Africa (COPA) Dr George Afeti says human resource at the polytechnics must have dropped out after being im- on part-time lecturers from other univer- “When I came to this institution, one the upgrading of polytechnics to degree be raised to the required level. pregnated by the suspect. MPs want hospitals in Central Province fixed By JOSEPH WAMBUGU ments, drugs to shortage of medical per- private hospitals. “Staffing level is very “Somebody must explain to Ken- sonnel and were congested. low and over strained. There is under yans why some hospitals are getting THE Parliamentary Select Committee “A hospital like the Nyeri PGH was staffing of nurses, doctors and paramed- low supply of drugs. What else can a on Health has expressed their dismay built in 1930 and more than 70 years lat- ics. This is very unfortunate,” laments hospital do if it doesn’t have drugs and over the sorry state of hospitals in Cen- er they are still using the same facilities. Monda. Nyeri PGH alone has a short- medical staff?” he posed. tral province. Thika hospital was built in 1942 while age of 170 medical personnel after four The committee has since urged The committee who spoke after Murang’a was built in 1950 and yet the doctors left the facility for greener pas- the ministries of Medical services and touring Thika, Murang’a district hos- hospitals are using the same facilities, tures two months ago. Health and Sanitation to rectify the is- pitals and Nyeri Provincial General an issue which has led to congestion,” Those who accompanied the chair- sue to improve services in the medical Hospital, expressed their shock at the says the PSC chairman. The committee man included MPs Siplam Omollo (Ur- facilities. bad state of medical facilities saying the says that the hospitals are over stretched iri), Victor Munyaka ( Town), The MPs also urged the Finance level of infrastructure is wanting. in terms of infrastructure and some ma- Sheik Noor (Nominated MP) and Ministry to increase budgetary alloca- Briefing journalists at Nyeri PGH chines had degenerated and become ob- Joseph Mawanga (Kasipul Kabondo). tions which must be reviewed regularly. after the tour, the committee chair- solete over the years. Their buildings are He added that the committee was “The Ministry of Finance should man who is also the MP for Nyaribari also old and condemned. very shocked that the supplies of drugs redirect their efforts on health sector. Chache Robert Monda said that the They say the working conditions in the facilities are below 50 per cent in- The budget for health sector should be three hospitals faced a myriad of chal- are unacceptable and show the services cluding Hospital which is reviewed every now and then.” insists lenges that ranged from lack of equip- are incomparable to other hospitals like 40 kilometers from Nairobi. the PSC chairman Monda. Mr. Mondo The Link, June 2010 NEWS 31

By MORRIS GITHENYA Forest body to LEADERS from Central Prov- Central leaders call for back beach hotels ince are upbeat that vast and overpopulated constituencies in mangroves would be split to bring services closer to the people. more constituencies production They asked the Independent By BRIGHTON KAZUNGU Boundary Review Commission to put into consideration the ge- KENYA Forest Association (KFA) ographical size and populations will license and empower hotels to of the respective areas. support mangroves established along Already, leaders have identi- coastal beaches. fied Kabete, , Kiharu, Kieni KFA director, Mr David Mbugua says that there is need to protect and and Mathira as the main con- conserve mangroves as they were the stituencies which should be ac- breeding sites for marine species. corded priority as the boundary Mbugua who spoke in Kilifi notes review commission compiles its that mangrove trees are an endangered report to be tabled in parliament. species as people cut them for poles In a similar exercise held in especially in the northern coast region 1997, with Kilifi being the most affected in Central was curved out from largely along the creel. the vast . Mbugua says that the Kaya forests However other areas were left will in future be managed in partner- ship with the locals and the Kenya out despite having larger popu- Forest Association. lations which cried for represen- He reveals that there was a plan tation. to legalize the production and sale of However, the commission charcoal on condition that the burners led by Andrew Ligale has as- are established in organized groups. sured the public that their re- He says that in the new arrangement, quests will be considered since organized groups will then be licensed recommendations will also be Mr. Michuki: Kangema MP Mr. Kenneth: Gatanga MP Mr. Ligale: IIBRC chairman to operate. guided by figures from the- na Meanwhile, Molo town residents tional populations census. want the council to stop using the were unanimous that Kiharu be Forest on the upper side, “said constituency. source of River Molo as a dump site. In Murang’a region, leaders among the first to benefit in the Muturi when the commission Later speaking to The Link, Representatives of the 600,000 requested the commission to en- boundary review exercise. held a sitting in Murang’a town. Mbau said he wanted an addi- residents argue that move was a great sure Kiharu constituency will be Kiharu MP Muturi says both In Murang’a South district, tional constituency in the area health risk as samples of the water among the areas to benefit ow- Kangema and Mathioya con- the sitting chaired by former to enable the region enjoy more taken from the river indicate that the ing to vast area it covers. stituencies combined could not Nairobi PC Joseph Kaguthi was resources from the government. water was contaminated with faecal All the six Members of Par- compare to his vast constitu- dramatic after leaders differed He said the case of Kiharu waste. liament led by Kangema MP ency. with suggestions by Maragua constituency had been resolved The findings released by a consor- , tium of NGOs in Molo, warns that the “Kiharu is the biggest con- MP Elias Mbau that parts of and added that he was waiting water was not fit for human consump- (Gatanga), Elias Mbua (Mara- stituency and neighbours Ndia Muthithi and Kahumbu loca- for the commission to compile gua), Clement Muchiri (Math- tion. A representative of the NGOs, and Mbeere constituencies on tions of the report to be tabled to parlia- Joseph Karangati says the communi- ioya) Muturi Mwangi (Kiharu) the lower part and Aberdare be hived off to create Makuyu ment. ties living down stream face the dan- and Jamleck Kamau (Kigumo) ger of contracting diseases. Murang’a leaders Nairobi to host World Youth Alliance meeting want college to tinent has long been pinned down tion of over one million youth from By JOHN NYAMBUNE lined up that would address Govern- ance and development related issues. largely by poor governance. around the world between ages 10 become varsity The conference will feature group According to the Director of Op- and 30 years that promotes dignity ABOUT 100 youth leaders from discussions, speeches and expert erations, World Youth Alliance Af- of human race by building solidar- By MORRIS GITHENYA more than 15 African countries are lectures from local and international rica Region, Mr Hezborn Mogambi, ity among youth from developed scheduled to gather in Nairobi for the speakers drawn from the private sec- the platform will arm leaders from and developing countries. The or- Leaders from the larger Murang’a World Youth Alliance. tor, civil society, government and the the continent with facts to ensure ganization that has been accredited District want the Murang’a College The forum to be held between Au- diplomatic community. building of free, just, peaceful and to UN Economic and Social Coun- of Technology elevated to a university gust 11 and 13 at Kenya High School Among the topics lined up, in- prosperous societies. cil (ECOSOC) since 2004, works in status. is expected to address governance cluding the role of good governance “We have put together a formida- three areas of focus including train- The leaders who included MPs and development related issues. in development, corruption, democ- ble conference that will jog minds of ing, advocacy and culture. MPs Jamleck Kamau (Kigumo) Eli- The theme of the Africa Emerg- racy in Africa and Entrepreneurship, youth leaders and chart a new course World Youth Alliance operates in as Mbau (Maragua) Maina Kamau ing Leaders conference is Uniting for youth engagement in govern- five regions including Europe-Brus- () Muturi Mwangi (Kiharu) Climate change among others. The say that it is unfair that the institution Africa Youth on Good Governance forum comes in the wake of Africa’s ance and development issues in their sels, Africa-Nairobi, Asia Pacific- countries,” he said. Manilla, Latin America-Mexico City is still considered as a polytechnic and Development. revitalization in Socio-economical when majority of such institutions A number of topics have been and a political projection as the con- The Alliance is a global coali- and North America-New York. have been upgraded to offer degree programmes. They say many students from the By BONIFACE MULU area were being forced to enroll for degree programmes in far flung areas THE Syomunyu Girls and Muvitha Solar Aid aids two schools despite the fact that the institution was Mixed Secondary Schools in Kitui among the first polytechnics to be es- District have benefited from two ency during the initial phase of the thanked the sponsors for the gesture. Yatta, Matinyani and . tablished in the country. solar cells valued at Kshs900,000 implementation period. He said he was very grateful for the Nyamai said that the Yatta division “It is a pity that a college that was from the London-based Solar Aid “This is the beginning of our re- events. alone requires half a billion shillings established in 1970 remains in the International Charitable Organisa- lationship with Kitui West constitu- “We highly thank you for accept- to supply it with electricity. same status for decades yet upcoming tion. ency. We want you to maintain and ing to assist us after requesting you He said that the current alloca- ones have been elevated to higher sta- The Syomunyu Girls Second- strengthen that relationship,” he told for help,” the MP told the donors. tion by the government was not tus,” adds Jamleck Kamau (Kigumo) ary School is in Kanyangi location, the Kitui West constituents,” said He further announced that Kwa enough to supply electricity in his They told the Vice President who while the Muvitha Mixed Second- the programme manager when he Mutonga, Kiamani, Yalatani and constituency and appealed for more recently visited the area to assist them ary School is in Nzongoni location handed over the solar panels in a Kaimu primary and secondary funds to help jumpstart the project. push for the elevation of the college to of Yatta division. ceremony that was attended by the schools are set to benefit in the next The MP also said that plans are help tap on the large demand for Uni- According to a programme man- chairman of board of directors in the phase which will also target selected underway to drill a borehole at the versity education. Leaders also asked ager in the organization, Miguel organization Jeremy Legett, head dispensaries and churches. Syomunyu Girls Secondary School the government to consider waiving D.Ramirez, each of the 360 watts so- of programmes John Keane and the The MP at the same time pointed by June this year to help address wa- Kshs1.2 billion debt owed to coffee lar panels are valued Kshs450,000. Youth Entrepreneur Services (YES) out that the constituency requires ter shortages. farmers from the area. He revealed that currently the Kenya country coordinator Em- Kshs4 billion to finance an elaborate He disclosed that since his elec- The leaders said the debt which project was being implemented on a manuel Dennis. electrification programme. tion in 2007, he had built 15 new has accrued over a decade now was pilot basis and Kitui West constitu- Area Member of Parliament The area comprises of three vast secondary schools and 20 dispensa- the main cause of suffering among ency will serve as a model constitu- Charles Mutisya Nyamai highly administrative divisions namely ries in the constituency. farmers. The Read The Link monthly for news affecting communities LinkEnhancing governance for all across Kenya The Link, June 2010

By JOHN NYAMBUNE S the day set to ratify the EAC urged to speed up East African Community ACommon Market Protocol draws near, member countries are being urged to step up efforts to promote the region as one viable integration to woo investors investment destination. In a statement EAC Deputy Secretary General for Planning and Infrastructure, Alloys Mu- tabingwa, says EAC countries must organize, unite, stand and be counted in order to stand global market competition. “Considering investment pro- motion, there are over 170 In- vestment Promotion Agencies the world over competing for scarce investment resources. Aggressive attempts have been made both at the regional and national levels, to attract and retain investors,” said Mutabingwa. He noted that cross-border trade and investment is on the rise with Kenya registering an increase of over Ksh3.8 billion (US$50 million). Uganda on the other hand has attained a cross border trade revenue amount- ing to US$200 million; Tanza- nia US$300 million and Rwanda US$799 million. Once in place it is expected that free flow of goods, services and capital within East Africa will herald a new era in the EAC integration agenda. The Customs Union has already registered improved trade and investment Photo/File among the Partner States. EAC leaders in a group photograph. With the Common Market lowed by Tanzania and Rwanda. the bonds of integration, while ya have received accolades in this der trade and investment while Protocol giving more freedom to Burundi is also on a steady enjoying the benefits of operating respect too. With the Republic of the region’s US$73 billion worth investors, service providers and rise given its magnificent tourist in a single market,” said Mutab- Burundi setting up an Investment of Gross Domestic Product is ex- other ordinary East Africans; the sites, strategic geographic posi- ingwa. Promotion Agency last year, the pected to rise. stage is now set for more wealth tion as well as natural resources. The EAC region has been ac- region is now destined to become All the five countries are striv- creation. The firms will reap the All the five countries acting to- claimed as one of the fastest re- the business destination of choice ing to be an international invest- benefits of economies of scale de- gether strive to be an internation- forming regions in the world in in Africa. ment hub, implementing policies rived from a much larger market. al investment hub, implementing terms of doing business by in- As the region moves towards and strategies that are anchored He notes that while Kenya re- policies and strategies that are ternationally recognized institu- a fully integrated economic com- on comparative advantages mains the largest single source of anchored on comparative advan- tions like the World Bank and munity where goods, capital, la- among them, thus the operation- cross border investment in the re- tages among them. UNCTAD. bour and services move freely alisation of the fully fledged Cus- gion, there are strong indications “We must recognize and en- Last year, Rwanda topped without borders, the 130 million toms Union in January and the that Uganda peaks attraction of courage cross border investors in the world as the fastest reformer East African citizens stand to en- implementation of the Common cross border investments fol- EAC as a way of strengthening while Uganda, Tanzania and Ken- joy the full benefits of cross bor- Market Protocol in July this year. Mt. Elgon residents demand own county due to factors such as idleness, to adequately address issues of By AGGREY BUCHUJNU from Ufadhili Trust and the re- trarily as the case is now,” said overdrinking, lack of patience, corruption and impunity,” said gional coordinator Mr. Martin Kogutu. hatred, political instability, in- Mr. George Kwemoi. Wanyonyi, told the participants The participants were re- POVERY in Mt. Elgon District security and poor infrastructure. Mr. Kwemoi added that that land clauses in the proposed minded that in order to adequate- is as a result of so many factors, The participants of the one though the proposed draft con- draft constitution are friendly to ly fight for their rights and make some of which are beyond the day forum were categorical that stitution is 95 per cent good, the ordinary citizen as compared the government accountable , control of area residents. even if the proposed draft con- issues of land, Kadhis court to the current constitution. they need to form citizen assem- During the stakeholders’ stitution is adopted during the and devolution, especially the “If the proposed constitution blies, share information using forum held at a Kimilili town referendum, residents of Mt counties need to be looked into is passed during the referendum opportunitistic forums and net- hotel the participants, said that Elgon are not likely to benefit. a fresh. the president will not have the work with other civil society or- the area lagged behind in de- “We the people of Mt. Elgon However, the facilitators of powers to allocate land arbi- ganizations including the media. velopment since independence need our own county in order the forum Mr. Kenneth Kogutu

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The Link, June 2010 14 SPECIAL REPORT The new authorities managing roads Overview The management of roads in Kenya proved provision of any serv- he enactment of ice or facilities which they may Kenya Roads Act has been undergoing changes since separately provide. (2007) gave way to 2007. Rather than the Ministry of Each Authority is currently the establishment Roads transcending from Nairobi to the run by a Director General who Tof the Kenya National High- is responsible of day today ways Authority, the Kenya villages, the roads sector is now under operations and administration Urban Roads Authority and three different public authorities. In this of the Authority in respect of the Kenya Rural Roads Au- which he is appointed. thority. issue FAITH MUIRURI highlights of the This in effect led to the authorities and their respective mandates. The Authorities are also man- adoption of a vertical ar- aged by different Boards each comprising of rangement in the manage- Powers of the Authorities (ii) The use of any vehicle on on behalf of the Authority l A non executive chairman ment of roads sector in the l To construct new roads, any road or on any premises (ii) For the performance or appointed by the President country with funds being bridge, building drainage occupied by the Authority provision of the services or l Permanent Secretaries in the channeled directly to the vil- structure, drain, river chan- l To sell, let or otherwise the facilities which may be lages neling dispose off any property, performed or provided by The authorities mandate l To measure and assess movable or immovable the Authority NATIONAL ROADS include maintaining roads the weights, dimensions and which in the opinion of the (iii) For the payment, col- within their jurisdiction, capacities of vehicles using Board is not necessary for lection or apportionment of CLASS DESCRIPTION providing an operational any road and ensure compli- the purposes of the Author- any tolls, rates, charges or and organizational frame- ance with rules and regula- ity other receipts arising out of CLASS A International trunk roads linking centres of work within which to con- tions relating to axle load l To act as an agent for any the performance or the pro- international importance and crossing international struct roads based on classi- control. person engaged whether vision by that person of any boundaries or terminating at international ports fication as listed under each l With the approval of the within Kenya or elsewhere such services or facilities CLASS B National trunk roads linking nationally important category. l Minister, to determine, im- in the performance of serv- To establish or acquire centres The Highway Authority pose and levy rates, tolls, ices, or the provision of fa- any subsidiary corporation oversees the management, charges, dues or fees for any cilities, of a kind similar or with the written approval of CLASS C Primary roads linking provincially important centres development and rehabilita- of its services or for use by complementary to those per- the Minister responsible for to each other or two higher class roads tion of national roads. The any person of its facilities formed by the Authority finance Rural Roads Authority is l To prohibit, control or l To enter into agreements l To enter into any arrange- responsible for the mainte- regulate with any person ment with any state corpo- The Highways Authority nance of rural roads while (i) The use by any person of (i) For the supply, construc- ration or other entity which Urban Roads Authority the services performed or tion, manufacture, mainte- in the opinion of the Board Functions takes charge of roads in cit- the facilities provided by the nance or repair of any prop- is likely to promote or se- l Constructs, upgrades, rehabili- ies and municipalities. Authority erty, movable or immovable, cure the provision, or im- tates and maintains roads under its control l Controls national roads and road reserves and access to road- side developments l Implements road policies in relation to national roads. l Ensures adherence to the rules and guidelines spelt out in the Traffic Act and under any regu- lations under this Act. l Ensures that the quality of road works is in accordance with such standards as may be prescribed the Minister l In collaboration with the Transport Ministry and the po- lice department, oversees the The Kenya Rural Roads Authority Functions l Constructs, upgrades, rehabil- itates and maintains roads under its control l Controls reserves for rural roads and access to roadside de- velopments l Implements road policies in relation to rural roads A number of roads in the country undergo reconstruction. Billions of shillings have been pumped to ensure l Ensures adherence by motor- implementation of reforms in the sector. Photo/File ists to the rules and guidelines on The Link, June 2010 SPECIAL REPORT 19 The new authorities managing roads

Ministries of Roads, Transport and Finance l The Director General is an ex- officio member l Five other persons also sit in the board by virtue of their knowledge or experience in (i) Industry (ii) Highway engineering (iii) Transport economies (iv) Surveying (v) Accountancy or law (vi) Urban and regional planning (vii) A member of an association affiliated to local govern- ment


CLASS DESCRIPTION CLASS A International trunk roads linking centres of international importance and crossing international boundaries or terminating at international ports CLASS B National trunk roads linking nationally important centres CLASS C Primary roads linking provincially important centres to each other or two higher class roads A section of the 136Km stretch of Isiolo Moyale road which is under construction. The road is expected to be The Highways Authority completed by September this year. Photo/Hussein Salesa management of traffic and road management of traffic on ru- l Plans the development and The Kenya Urban Roads Authority safety on national roads ral roads and issues related maintenance of rural roads. l Functions management traffic and l Collects and collates all such to road safety Liaises and coordinate l Constructs, upgrades, road safety on urban roads data related to the use of nation- l Collects and collates all with other authorities in rehabilitates and maintains l Collects and collates al roads as may be necessary for data related to the use of planning and operations in roads under its control all such data related to the efficient planning under this Act rural roads as may be nec- respect of roads l Control urban road use of urban roads as may l Monitors and evaluates the essary for efficient forward l Prepares road work pro- reserves and access to be necessary for efficient use of national roads planning under this Act grammes for all rural roads roadside developments forward planning under l Monitors and evaluates l Advises the Minister on all l Implements road policies this act. l Plans the development and l the use of rural roads issues relating to rural roads. in relation to urban roads Monitors and evaluates maintenance of national roads l Ensures adherence by the use of urban roads l Advises the Minister on all motorists to the rules and l Plans the development issues relating to national roads RURAL ROADS guidelines on axle load and maintenance of urban l Liaises and coordinates with control prescribed under the roads other road authorities in plan- CLASS DESCRIPTION Traffic Act or any regulations l Prepares the road works ning and on operations in re- CLASS D Secondary Roads linking locally under this Act programmes for all urban important centres to each other, to more l Ensures that the quality of roads spect of roads, and l l important centres or to higher class roads road works is in accordance Liaises and coordinates Performs such other func- with such standards as may with other road authorities tions related to implementation CLASS E Any link to a minor centre be defined by the Minister in planning and operations of this Act as may be directed CLASS F Forest roads l In collaboration with in respect of roads by the Minister the Ministry responsible l Advises the minister on CLASS G Roads serving Government institutions for transport and the police all issues relating to urban department oversee the roads The Kenya Rural Roads Authority CLASS K Roads accessing coffee growing areas CLASS L Roads accessing settlement scheme areas axle loan control prescribed un- URBAN ROADS CLASS P National Park roads der the Traffic Act or any regu- CLASS DESCRIPTION lations under this Act CLASS R Roads accessing rural areas CLASS UA Urban Arterials l Ensures that the quality of CLASS S Roads accessing sugar growing areas road works is in accordance CLASS UC Urban collectors including primary distributors CLASS T Roads accessing tea growing areas and district distributors with such standards as may be defined by the Minister CLASS U Unclassified rural roads including mining CLASS UL Urban local roads including minor distributors, l In collaboration with the roads local streets, residential stand accesses, commercial and industrial stand accesses, Ministry of transport and the CLASS W Roads accessing wheat growing areas police department, oversees the shopping streets