July - December, 2019 Issue #32
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Special Issue the Kenya Gazette
SPECIAL ISSUE THE KENYA GAZETTE Published by Authority of the Republic of Kenya (Registered as a Newspaper at the G.P.O.) Vol. CXV_No. 64 NAIROBI, 19th April, 2013 Price Sh. 60 GAZETTE NOTICE NO. 5381 THE ELECTIONS ACT (No. 24 of 2011) THE ELECTIONS (PARLIAMENTARY AND COUNTY ELECTIONS) PETITION RULES, 2013 ELECTION PETITIONS, 2013 IN EXERCISE of the powers conferred by section 75 of the Elections Act and Rule 6 of the Elections (Parliamentary and County Elections) Petition Rules, 2013, the Chief Justice of the Republic of Kenya directs that the election petitions whose details are given hereunder shall be heard in the election courts comprising of the judges and magistrates listed and sitting at the court stations indicated in the schedule below. SCHEDULE No. Election Petition Petitioner(s) Respondent(s) Electoral Area Election Court Court Station No. BUNGOMA SENATOR Bungoma High Musikari Nazi Kombo Moses Masika Wetangula Senator, Bungoma Justice Francis Bungoma Court Petition IEBC County Muthuku Gikonyo No. 3 of 2013 Madahana Mbayah MEMBER OF PARLIAMENT Bungoma High Moses Wanjala IEBC Member of Parliament, Justice Francis Bungoma Court Petition Lukoye Bernard Alfred Wekesa Webuye East Muthuku Gikonyo No. 2 of 2013 Sambu Constituency, Bungoma Joyce Wamalwa, County Returning Officer Bungoma High John Murumba Chikati I.E.B.C Member of Parliament, Justice Francis Bungoma Court Petition Returning Officer Tongaren Constituency, Muthuku Gikonyo No. 4 of 2013 Eseli Simiyu Bungoma County Bungoma High Philip Mukui Wasike James Lusweti Mukwe Member of Parliament, Justice Hellen A. Bungoma Court Petition IEBC Kabuchai Constituency, Omondi No. 5 of 2013 Silas Rotich Bungoma County Bungoma High Joash Wamangoli IEBC Member of Parliament, Justice Hellen A. -
Devolved System of Governance Could Be Kenya's Last Chance
ISSUE 081, April 16-31, 2013 Unfiltered, uninhibited…just the gruesome truth 1 April 16-30, 2013 ISSUE 081 A bimonthly newspaper by the Media Diversity Centre, a project of African Woman and Child Feature Service CHALLENGES OF COUNTY GOVERNMENTS Hope in County government Devolved system of governance could be Kenya’s last chance By JOYCE CHIMBI In the wake of the most competitive and com- plex general election in the country’s history, it is all systems go as Kenya transits from a cen- tralized to a devolved system of governance. Many are hopeful that the solution to hun- ger, poverty and gross inequalities that have be- devilled the country lie in a devolved system of governance. “Due to the centralized system, where all de- cisions regarding this country are made in Nai- robi, people travel from the other seven regions to Nairobi since they believe it represents pros- pects for a better life,” says Dr Danson Mwan- gangi, an economist and market researcher in East Africa. He says that centralization of power and re- sources has compromised the establishment of strong linkages between policy, planning and execution of the national budget. “When the national budget is being read in parliament, millions of poor Kenyans hurdle around radio sets for news on price reductions of major items, our concern being our day to day survival,” says Benjamin Owuor, a mason in Nairobi. He notes: “Decisions regarding the needs of ordinary Kenyans are made in the Parliament that sits in Nairobi, we now want these deci- sions made in County assemblies that sit where the ordinary Kenyans are.” centralized government, allocates 75 per cent With recent statistics by the World Bank re- of its resources equally across the 210 (in pre- vealing that of the 800,000 job seekers, the job vious parliament) constituencies in Kenya, market can only absorb a paltry 50,000, thou- and only 25 per cent is based on the poverty sands of job seekers come to Nairobi to scram- rate of particular constituencies. -
Chapter 20 Constitutional Commissions And
CHAPTER 20 CONSTITUTIONAL COMMISSIONS AND INDEPENDENT OFFICES IN KENYA AND AFRICA: EXPERIENCES, CHALLENGES AND OPPORTUNITIES1 This Chapter may be cited as: Ben Sihanya (due 2021) “Constitutional Commissions and Independent Offices in Kenya: Experiences, Challenges and Opportunities,” Chapter 20 in Ben Sihanya (due 2021) Constitutional Democracy, Regulatory, and Administrative Law in Kenya and Africa Vol. 1: Presidency, Premier, Legislature, Judiciary, Commissions, Devolution, Bureaucracy and Administrative Justice in Kenya, Sihanya Mentoring Prof Ben Sihanya Advocates, Nairobi & Siaya 20.1 Problem Statement on Kenyan Constitutional Commissions and Independent Offices Why have the Constitutional Commissions and independent offices CCIOs not delivered on the constitutional promise of popular sovereignty, liberty, service delivery and constitutional democracy? Why does tribal colonialism, tyranny and hegemony persist in elections, appointments, contracts, tenders, service delivery and manipulation and intimidation especially in public service in spite of the constitutional commissions and independent offices? In the ensuing sections of this Chapter, an Afro-Kenyanist conceptualisation and problematisation is used in analysing constitutional commissions and independent offices. I have also discussed some of the debates regarding CCIOs in the context of Building Bridges Initiative (BBI) 2019 and 2020 reports, and the Constitution of Kenya (Amendment) Bill 2020. Sovereignty has at least three components under the Constitution of Kenya 2010 and in constitutional theory and practice. First, sovereignty is the constitutive power including constitution making and constitutional amendment. Second, sovereignty is the power to elect, impeach or recall governors or rulers. Third, sovereignty is the power to monitor and evaluate the government, governors or rulers, governance and to hold them accountable. This chapter assesses the meaning, mandate, operation and significance of constitutional commissions and independent offices. -
DP Ruto's Insatiable Love for Land Returns to Haunt
$07*%)05-*/&4 > 719 Tullow woes threaten to scuttle > 0800721316 > 0729471414 Kenya’s dream to join oil league PG 18 > 0732353535 12 Friday, April 24, 2020 www.pd.co.ke // www.epaper.peopledaily.co.ke NO.07050 .HQ\D·V )5((1HZVSDSHU News Beat PG 2 DP Ruto’s insatiable love for land returns to haunt him Quarantine uproar Weakest link:Government fights back accusations of endangering Kenyans’ lives by locking up people arrested for contravening coronavirus rules in isolation centres and exposing them to the vile disease. PAGES 4, 5, 6, 8, 9, 12, 13 & 14 News Beat PG 5 Joho asks State to put "$5*/(%(1"53*$,".05) One of the isolation centres that are now under sharp scrutiny amid claims 5IFBTTVNQUJPOJTUIBUUIPTF 320 15,792 of poor living conditions, prohibitive confirmed cases samples tested since residential costs and poor management Mombasa XIPCSFBLDVSGFXBSFUSFBUFEBT 17 new cases the first case was with many Kenyans warning they could turn out to be the weakest link in the TQFDJBMDBTFTGPSVTCVUXFBSFOPU 89 recovered reported in Kenya on March 12,2020. fight to contain Covid-19 pandemic. in lockdown BUBMMJOUFOUPODSJNJOBMJTJOHDBTFT 14 deaths PHOTO/COURTESY NEWS BEAT PEOPLE DAILY / Friday, April 24, 2020 WEATHER TODAY $06/5:/&841"(& 410351"(& Nairobi 24° Nyeri 22° (JUIVSBJMPDBMTJOGPSFGSPOU *0$EFMFUFT"CFDPNNFOU Mombasa 31° Kitui 28° PGàHIUJOHQBOEFNJD SFHBSEJOH0MZNQJDTDPTU Kisumu 28° Wajir 34° LAND CONTROVERSIES The land on which Weston Hotel in Lang’ata :LOO5XWR·VODQGWURXEOHVEH Nairobi, which is associated, with Deputy Presi- dent William Ruto has been a subject of contro- versy for years. The DCI has re-opened investigations into KLV:DWHUORRLQSROOV" the sale of Ngong Forest land worth Sh272 mil- lion involving Ruto. -
EACC Annual Report 2018-2019 Size
Ethics and Anti-Corruption Commission Annual Report 2018/19 ETHICS AND ANTI-CORRUPTION COMMISSION REPORT OF ACTIVITIES AND FINANCIAL STATEMENTS FOR THE FINANCIAL YEAR 2018/2019 Tuangamize Ufisadi, Tuijenge Kenya i Ethics and Anti-Corruption Commission Annual Report 2018/19 Ethics and Anti-Corruption Commission Integrity Centre, Jakaya Kikwete/Valley Road Junction P.O. Box 61130 - 00200, Nairobi Tel: (020) 4997000 Mobile: 0709 781000; 0730 997000 Fax: (020) 2240954 Email address: [email protected] © 2020 ETHICS & ANTI-CORRUPTION COMMISSION Published 2021 ii Tuangamize Ufisadi, Tuijenge Kenya Ethics and Anti-Corruption Commission Annual Report 2018/19 Table of Contents List of Tables ........................................................................................................... vi List of Figures ........................................................................................................ vii List of Acronyms and Abbreviations .................................................................... viii Mission Statement ................................................................................................... xi Members of The Ethics & Anti-Corruption Commission ....................................... xii Message From The Chairperson ........................................................................... xiii Message From The Secretary/Chief Executive Officer ......................................... xiv CHAPTER 1 : BACKGROUND ......................................................................... -
The Link Between Poverty and the Right to Free, and Fair Elections in Kenya
THE LINK BETWEEN POVERTY AND THE RIGHT TO FREE, AND FAIR ELECTIONS IN KENYA. UNIVERSITY OF NAIROBI MULI STEPHEN MUSILI G62/7564/2017 Research Project submitted in partial fulfillment of the requirements for the degree of Master of Laws (LLM, Law, Governance and Democracy) OCTOBER 2020 i DECLARATION I, MULI STEPHEN MUSILI do hereby declare that this Research Project is my original work except where indicated by special reference in the text. This Research Project has not been submitted to any other institution for the award of a postgraduate degree or any other award in Kenya or elsewhere. Signed…………………………………………… Date……………………………….. Supervisor’s approval Signed ____________________ Date: _______________________ Prof Ben Sihanya, JSD (Stanford) Intellectual Property and Constitutional Professor, Public Interest Advocate and Mentor University of Nairobi Law School and Sihanya Mentoring. ii ACKNOWLEDGMENTS This Research Project was made possible by the guidance and help I received from several individuals whose assistance and contribution should not go unmentioned. To begin with, I thank my supervisor Professor Ben Sihanya for the wisdom, guidance, patience, and continued intellectual support throughout the research process. I feel honored to have worked with such a passionate Professor and a Mentor. Special thanks to my reader Dr. Nkatha Kabira for her guidance and corrections in the final document. I would also wish to pass my heartfelt gratitude to the faculty and staff members at the University Of Nairobi School Of Law for their valuable guidance and help throughout my course work and beyond. Their critique at the departmental and faculty level made this work more appropriate. I would be insincere if I fail to recognize and appreciate the passionate guidance offered to me by Professor Ben Sihanya’s research assistants at Sihanya Mentoring and Innovative Mentoring, Mr. -
Sweeping Changes Expected Under the New Health Policy by PETER MUTUKU the Central Government
SPECIAL REPORT The NEW COMMISSION SET TO ADDRESS HISTORICAL LAND INJUSTICES — Pages 14 & 19 SUPPLEMENT Enhancing governance for all THE PARTNERSHIP FOR PEACE Link PROJECT FUNDED BY THE EU JUNE 2012 Issue No. 092 Kshs 40/= — Pages 15 - 18 Sweeping changes expected under the new health policy By PETER MUTUKU the Central government. According to the policy, the National government’s HE management of the Health Sec- mandate includes developing national policy and leg- tor in Kenya is expected to change islation, setting standards, national reporting, supervi- sion, sector coordination and resource mobilization. Tdrastically if the proposals contained Under the devolved system, the Ministry of Health in the new policy document is to go by. is to offer technical support with emphasis on plan- Provision of health services under the devolved sys- ning, development and monitoring of health services tem of government policy document requires new insti- and delivery standards throughout the country. tutional and management strategies. The policy also requires the national government The Kenya Health Policy 2012 -2030 has listed a raft to monitor quality and standards of performance of the of proposals on the provision of healthcare in the two County Governments and community organizations levels of government that seek to enhance accountabil- in the provision of health services as well as provide ity, reporting and management. guidelines on tariffs to be charged by respective health The policy offers the devolved institutions opera- facilities. tional autonomy with efficient and cost-effective moni- The national government is also expected to di- toring, evaluation, reviewing and reporting systems. rectly support the establishment of institutions with The policy borrows heavily from the Constitution which assigns the larger portion of delivery of health services to the Counties and retains Referral Services to 8 Turn to Page 2, Col. -
20,000-Seater Siaya Stadium Contract
Tich Gi Dongruok ISSUE NO. 11 (1ST OCTOBER 2018 - 31ST OCTOBER 2018) Get to Know Your County Technology is the future and the fourth industrial revolution in the global history: Joe Mucheru. Page 7 Siaya First lady in parenting education tour in Bondo Page 12: Plan International alongside 20,000-SEATER SIAYA other partners are working in Siaya county to secure strong foundation for young children through strength- ening health, nutrition, early learning, responsive care giving as well as safety STADIUM CONTRACT and security for children between 0 to The construction work is projected to take a total of 44 weeks or 10 months from the 8 years. day of the ground-breaking occasion which will be in about two weeks’ time. Page 4. NO MORE SIAYA WORKSHOPS OUTSIDE THE COUNTY; RASANGA His Excellency Cornel Rasanga Amoth has directed that all Siaya Government workshops, seminars, trainings and conferences will now be domiciled within Siaya County as part of government austerity measures to curb wastage while promoting local investments, SEE PAGE 9. SIAYA COUNTY PARTICIPATES IN THE MAGICAL KENYA TRAVEL EXPO 4 October 2018 the Magical Kenya travel expo at the the culture & heritage tourist KICC, Nairobi joined by travelers destination in Kenya. The county Siaya County has joined the rest of across the world in Kenya. offers a vast array of tourist products the world in the 2018 Magical Kenya namely; cultural tourism via the Travel Expo going on in Nairobi this Siaya County is one of the exhibitors annual Got Ramogi cultural event, week to show case sites and places to promote Siaya as a tourism Sports tourism through the worth visiting in Kenya. -
Devolution Survey Report July 2013
Devolution Survey Report July 2013 Prepared By Infotrak Research & Consulting P.O Box 23081,00100 GPO Nairobi Manyani East Rd , Lavington www.infotrakresesarch.com Methodology • The poll was sponsored by Centre for Multiparty Democracy and conducted by Infotrak Research & Consulting between 27th to 31st July, 2013 • A sample of 1500 respondents were interviewed to represent the Kenyan adult population of 19,462358; translating into a minimum margin of error of -/+ 2.53 at 95% degree of confidence. The survey was conducted in 25 counties of Kenya • Using the 2009 Kenya Population & Housing Census as the sampling frame, the sample was designed using Population Proportionate to Size (PPS) and mainly entailed; – Use of stratification, random and systematic sampling in drawing regions to be covered , – Ensuring further distribution by area of residence, age and gender, – Using the counties as the key administrative boundary, – Ensuring that every person in the sampled areas had a known chance of being selected • Fieldwork was done using face to face interviews (by pen and paper). – 25% of the interviews were back checked for quality control purposes • Data processing & analysis was carried using CS-Pro and IBM SPSS 20.0 • The questions asked to the respondents are highlighted under each graphic presentation Margin of Error explained • Margin of error decreases as the sample size increases, but only up to a certain point. • A very small sample, such as 50 respondents, has about a 14 percent margin of error while a sample of 1,000 has a margin of error of 3 percent. • By doubling the sample to 2,000, the margin of error only decreases from +/-3 percent to +/- 2 percent and +/-1.8 percent for a sample size of 4000. -
6Thannual Devolution Conference Report 2019
THEME: “Deliver. Transform. Measure. Remaining Accountable” 4th to 8th March, 2019 Kirinyaga University, Kirinyaga County 6thAnnual Devolution Conference Report 2019 6th Annual Devolution Conference Report 2019 1 Table of Contents Abbreviations and Acronyms 7 Foreword 8 Acknowledgements 9 Executive Summary 10 CHAPTER 1: INTRODUCTION, PRE-CONFERENCE ACTIVITIES AND OPENING REMARKS 11 1.1 Introduction 11 1.2 Pre-conference Activities 11 1.3 Opening Remarks 12 1.3.1 Chief Guest Speech: H.E. Uhuru Kenyatta, CGH, President of the Republic of Kenya and Commander in Chief of the Kenya Defense Forces 12 1.3.2 H.E. Dr. William Ruto, EGH, EBS, Deputy President, Republic of Kenya 14 1.3.3 Rt. Hon. (Eng). Raila Odinga, EGH. AU High Representative for Infrastructure Development in Africa 14 1.3.4 Hon. FCPA. Wycliffe Ambetsa Oparanya, EGH, CGJ, Governor, Kakamega County and Chairman, CoG 15 1.3.5 Rt. Hon. Kenneth Lusaka, EGH, MP, Speaker of the Senate 16 1.3.6 Hon. Eugene Wamalwa, EGH, Cabinet Secretary, Ministry of Devolution & ASALs 16 1.3.7 Governor Mwangi Wa Iria, Muranga County and Vice Chair CoG 17 1.3.8 Host Governor Ann Waiguru, EGH, OGW, Kirinyaga County 19 1.3.9 Sen. Kipchumba Murkomen, EGH, MP, Majority Leader, Senate 19 1.3.10 Sen. SC. James Orengo, EGH, MP, Minority Leader, Senate 20 1.3.11 Host Senator, Sen. Charles Kibiru, Kirinyaga County 20 1.3.12 Hon. Mr. Justice William Ouko, President, Court of Appeal 20 1.3.13 Hon. Johnson Osoi, MBS,Chairman, County Assemblies Forum 21 1.3.14 H.E. -
Corporate Governance and Performance of County Governments in Kenya
CORPORATE GOVERNANCE AND PERFORMANCE OF COUNTY GOVERNMENTS IN KENYA BY MACHEL WAIKENDA UNITED STATES INTERNATIONAL UNIVERSITY – AFRICA SPRING 2019 CORPORATE GOVERNANCE AND PERFORMANCE OF COUNTY GOVERNMENTS IN KENYA BY MACHEL WAIKENDA A Dissertation Report Submitted to the Chandaria School of Business in Partial Fulfillment of the Requirement for the Degree of Doctor of Business Administration (DBA) UNITED STATES INTERNATIONAL UNIVERSITY – AFRICA SPRING 2019 ii STUDENT’S DECLARATION I, the undersigned, declare that the research herein is work originally done by me and that it has not been presented to another university or institution except to the United States International University – Africa in Nairobi for academic credit. Signed_______________________________ Date___________________ Machel Waikenda (ID 648969) This project has been submitted for examination with our permission as the appointed supervisors. Signed_______________________________ Date___________________ Professor Peter M. Lewa Signed_______________________________ Date___________________ Professor Maina Muchara Signed_______________________________ Date___________________ Dean, Chandaria School of Business Signed_______________________________ Date___________________ Deputy Vice Chancellor, Academic and Student Affairs iii COPYRIGHT All rights reserved. No part of this proposal report may be recorded, photocopied, or reproduced in any other way, stored in retrieval system or transmitted in any mechanical or electronic form without the permission of the author or USIU-A. -
The Kenya Gazette
SPECIAL ISSUE THE KENYA GAZETTE Published by Authority of the Republic of Kenya (Registered as a Newspaperat the G.P.O.) Vol. CXV_No.64 NAIROBI, 19th April, 2013 Price Sh. 60 GAZETTE NOTICE No. 5381 THE ELECTIONS ACT (No. 24 of 2011) THE ELECTIONS (PARLIAMENTARY AND COUNTY ELECTIONS) PETITION RULES, 2013 ELECTION PETITIONS,2013 IN EXERCISE of the powers conferred by section 75 of the Elections Act and Rule 6 of the Elections (Parliamentary and County Elections) Petition Rules, 2013, the Chief Justice of the Republic of Kenya directs that the election petitions whose details are given hereunder shall be heard in the election courts comprising of the judges and magistrates listed andsitting at the court stations indicated in the schedule below. SCHEDULE No. Election Petition Petitioner(s) Respondent(s) Electoral Area Election Court Court Station No. BUNGOMA SENATOR Bungoma High Musikari Nazi Kombo Moses Masika Wetangula Senator, Bungoma Justice Francis Bungoma Court Petition IEBC County Muthuku Gikonyo No. 3 of 2013 Madahana Mbayah MEMBER OF PARLIAMENT Bungoma High Moses Wanjala IEBC Memberof Parliament, Justice Francis Bungoma Court Petition Lukoye Bernard Alfred Wekesa Webuye East Muthuku Gikonyo No. 2 of 2013 Sambu Constituency, Bungoma Joyce Wamalwa, County Returning Officer Bungoma High John Murumba Chikati! LE.B.C Memberof Parliament, Justice Francis Bungoma Court Petition Returning Officer Tongaren Constituency, Muthuku Gikonyo No. 4 of 2013 Eseli Simiyu Bungoma County Bungoma High Philip Mukui Wasike James Lusweti Mukwe Memberof Parliament, Justice Hellen A. Bungoma Court Petition IEBC Kabuchai Constituency, Omondi No. 5 of 2013 Silas Rotich Bungoma County Bungoma High Joash Wamangoli IEBC Memberof Parliament, Justice Hellen A.