The SPECIAL REPORT NOW FROM OLD TO — Pages NEW CONSTITUTION 14 & 19 SUPPLEMENT LEnhancingink governance for all PARTNERSHIP FOR — Pages 15 - 18 AUGUST 2010 Issue No. 070 Kshs 40/= EU PEACE PROJECT

More stories EAC to build Focus on Evolution of on the new Mombasa-Dar councils conflicts in Constitution Road budgets Kenya —From Pg. 4 —Pg. 21 —Pg. 31 Inside —Pg. 24

By DANIEL OTUNGE

T IS A NEW DAWN in Kenya. A tru- ly historic moment! It’s a time when the pride of Kenyans among the peo- ple of the world has been restored. IIt is a momentous period compared only to the 2002 election victory by the opposition A NEW DAWN party National Alliance Rainbow Coalition (NARC) when the CNN found Kenyans to be the most optimistic people in the world before After a big YES, eyes now things started going wrong and the optimism turned into pessimism and then gloom. But like proverbial phoenix the people of Kenya have risen from the ashes of 2007/2008 turn to President, PM and MPs post election violence to show the world that we

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IIEC chairman, Isaack Hassan, announces the outcome of the New Constitution at Bomas of Kenya. TOP: Parliament Buildings where focus will now shift to. ABOVE: Wananchi celebrates after the ‘Yes’ team has carried the day in passing the New Constitution. Photos/Moses Mwangi Litmus test for Kibaki, Raila By GIDEON OCHANDA for sure demonstrated adherence and term expires in 2012. National Assembly. commitment to Agenda four. “Unless Schedule six prescribes Until after the first elections under HE two principals have so far The new Constitution requires the otherwise, the new constitution re- the new dispensation, the President is managed to balance the deli- President to consult the Prime Minis- quires an appointment to be made by Tcate National Accord and have ter in all the appointments until their the President with the approval of the Turn to Page 2, Col. 1 The Link, August 2010 2 GOVERNANCE All eyes now turn to Parliament Oversight and Implementation Com- From page 1 mittee to handle the new constitution for five years. are wholesome again. Eyes are also fixed on parliament Not only did we wrong foot pes- that has been given mandate to pass simists who predicted violence after laws to facilitate implementation of the plebiscite, but we also reminded the new law and also to approve the the world that democracy and the bal- nine presidential appointees to the lot are the best bets when it comes to committee. The laws says “If parlia- sorting out political differences. ment fails to enact any particular leg- Nobody knew that after 30 long, islation within the specified time, any tortuous years during which many person may petition the High court Kenyans lost their lives, limbs and on the matter as specified in section property, that on this day Wednesday, 261(5) in the new law.” August 4, 2010, Kenyans would over- Section 261 (6) further stipulates whelmingly but peacefully vote in that the high court in determining a pe- support of a new, revolutionary Con- tition under clause (5) may (a) make a stitution. declaratory order on the matter and (b) The contest between the Greens transmit an order directing parliament and the Reds was fierce. It was a battle and the Attorney General to take steps of titans with President Mwai Kibaki, to ensure that the required legislation Prime Minister Raila Odinga and Vice is enacted, with the period specified in President Kalonzo Musyoka leading the order and to report the progress to the YES team and former president the Chief Justice. Daniel Moi, William Ruto and a host If parliament fails to comply with of Christian Clergy starring for the the directive as outlined under clause NO camp. Parliament in session. Photo/File (6) (b), the Chief Justice shall advise Despite the dark propaganda, fear the President to dissolve parliament mongering and threats spread by the be resolved once the new laws become going directly to the counties! poured in from the Panel of Emi- and the President shall dissolve Par- opponents at rallies and the pulpit, operational. No one will be allowed to The chorus of praise for Kenyans nent African Personalities leader and liament. If parliament is dissolved, over six million Kenyans (67%) cast own large tracks of fallow land. The came from far and wide. Leading the former UN Secretary General Kofi the new parliament shall enact the their votes in favour of the new su- colonial 999 year land lease has also pack was non other than United States Annan, the European Union, Brit- required legislation with the periods preme law compared to about two mil- been reduced many-fold to 99 years. President, Barack Obama, who said ain, Canada, Japan, Germany, China, specified in the Fifth Schedule (see lion (30%), mainly from the Rift Val- And to the poor, the good news is that by holding a peaceful referendum, among other world powers. The centre spread) beginning with the date ley, who returned a negative verdict. that no hospital will be allowed by law the country has made a significant step newly appointed British Foreign Sec- of commencement of the term of the Yes, the new Constitution is revo- to deny anybody emergency medical forward in democracy. “My admin- retary William Hague, for example, new Parliament. lutionary in many ways. For the first treatment as this has been made a fun- istration has been pleased to support said this was a landmark decision that Parliament therefore has no choice time it commands members of parlia- damental human right. Days of hos- Kenya’s democratic development and raises hopes for a new era of stability but to work with speed and precision ment and all public officials to start pitals fond of turning away uninsured the Kenyan people, including through and prosperity in Kenya. “I hope this to enact legislations as enumerated. paying taxes by end of this month, emergency patients are numbered. the visit of vice president Biden earlier result will encourage Kenya’s govern- Besides stipulated legislations, the something that the public has cried for The gender question has also been this year,” the US president whose fa- ment and people to continue to strive National Assembly has to approve a many years. adequately addressed. The new con- ther was Kenyan said. for further reform and development,” number of appointments that the Presi- The days when the police would stitution provides that chairperson and Obama noted that the overwhelm- Mr. Hague said, promising that the dent and the Prime Minister shall have arrest and detain citizens with impu- vice-chairperson of a public commis- ingly approving a new constitution, UK will stand by Kenya throughout proposed for appointment. nity will soon be gone, too, as the new sion shall not be of the same gender. Kenyans have shown a desire to put the reform process. MPs, President, PM and a host of law requires that suspects be informed Furthermore, it states that not more the country towards a path of improv- In terms of implementation proc- other constitutional office holders will of reason for arrest and that they must than two-thirds of the members of ing governance, greater stability and ess eyes now turn to President Kibaki take new oaths under the new law. be produced in court within a specified elective or appointive bodies shall be increased prosperity. “As Kenya’s and PM Raila who are expected to The Chief Justice will leave office in period of time. of the same gender. close friend and partner, the United lead the proclamation of the new con- six months time and the judges will be The vexing Official Secrets Act As if that is not enough, every States will work with the international stitution before the end of this month. vetted a fresh before getting back their that has been used to deny Kenyans Kenyan have a right under the new law community to support the implemen- And they have promised to do so with jobs. access to government information has to adequate representation in court by tation process, and to stand with the pomposity befitting a proud nation It is indeed a new beginning for also been removed by the new Consti- a competent counsel provided by the Kenyan people as they reach for a bet- and a new constitutional dispensation. Kenya. tution. state. And the list of goodies continues ter future,” he said. Kibaki and Raila will then consult and (Additional reporting Divisive land question will finally including 15% of the national budget Other congratulatory messages appoint a 9-member Constitutional by Gideon Ochanda) Litmus test for Kibaki, Raila From page 1 tice who will be appointed in limited to provisions in the six months, the Attorney Gen- National Accord and Recon- eral, Controller of Budget, the ciliation Act, which specifies Auditor - General, the Ethics that appointments must be and Anti- corruption tsar and done after consultations with the Supreme Court judges will the Prime Minister and with be named in a year’s time. the approval of the National Other appointments shall Assembly. include the Judicial Service Commission which is to be However, the process of constituted within 60 days, appointment of persons to Commission for the Imple- fill vacancies arising in con- mentation of the Constitu- sequence of the coming into tion in 90 days, Commission force of the new Constitution on Revenue Allocation in 90 shall begin on the effective days and Salary Remunera- date and be finalized within tion Commission in 9 months. one year. All those appointments The following vacancies will be made through consul- and commissions shall be ap- tations between the two prin- pointed within one year: cipals and approved by parlia- Apart from the Chief Jus- ment. Kibaki, Raila during a ‘Yes’ campaign for the new constitution. Photo/Moses Mwangi The Link, August 2010 EDUCATION 3 Poor results in Mondoh raps Gusii worries EA varsities urged to Busia education education board use new protocol By JOHN NYAMBUNE secretary PERMANENT Secretary in the Min- By BOB OMBATI the trend and put all the nations at par. States in education, business and in- istry of Special Programmes Andrew By BOB OMBATI The don says the Common market dustries to offer services and produce Mondoh has strongly censured Busia UNIVERSITIES in East Africa have protocol was long overdue, as nations quality products and goods to serve District Education Board over poor DECLINING standards of education been challenged to take advantage of were currently forming federations to the 127 million people in the EAC. results in last year’s examinations. in Gusii region has continued to un- the newly launched Common market boost regional. The scholar observed that the free Mr. Mondoh who spoke at Busia dermine government efforts to equip protocol to market their respective Akama says that the protocol flow of goods, services and invest- Municipal Stadium during this year’s schools with the necessary resources education programmes. had opened windows for exchange ment would transcend the geopo- district education day, said results to improve on the quality of educa- Kisii University college Princi- programmes between universities, litical boundaries and strengthen the posted by the local schools were not tion. pal, Prof John Akama, says that the saying it will enhance competition cultural ties of citizens from mem- good enough to merit any celebra- According to Education Secretary universities offer several quality de- in research, teaching and improve ber states. Akama urged the regional tions. Prof George Godia, most schools in gree, diploma and certificate courses the quality of education in the part- leaders to double their efforts and put “There is nothing to be proud of the area have maintained poor results and produce qualified graduates who ner states besides innovations by mechanisms in place to ensure that as a district if only a single candidate despite huge allocations that come to should be utilized by the partner states researchers to benefit the regional the Common market protocol was from the district managed to score an them through the bursary kitty and to spur socio-economic and techno- dwellers. He says the free movement sustained, noting the birth of the re- A- (minis),” said Mondoh. Kenya Education Support Programme logical development in the region. of experts across the region’s States gional integration was the leaders gift Secondary schools in the district (KEESP). Akama says the region is endowed would make consultancy services for posterity performed dismally with only 16 stu- The education official who spoke with human and economic resources cheaper for the States, some of whom, The big regional population ob- dents managing to score B+ (plus) and at Ekerubo secondary school in whose utilization will help fast track he noted spent millions of shillings served the Principal would increase above which is the minimum require- Manga district during education day development for the region to match hiring expensive consultants from production, sale and consumption ment for admission in public universi- said the mean score of 236 registered the highly developed European Union developed countries, impoverishing of goods owing to the huge regional ties. during the last examinations negates member states. Citing Kenya’s highly their nations. market, adding that America , China, He said education standards in the the spirit which the government has developed tourism industry, he says The Don rooted for the empower- Japan among other developed nations larger Busia and western province in undertaken to improve on education that Kenyan graduates can secure jobs ment of the Inter-university council had capitalized on their diversified general had declined over the past standards. in the member states to help them de- of East Africa to work jointly with technologies and huge consuming years. “If education is not taken seri- “No student scored A plain in the velop their tourism industry for the the Commissions of higher educa- populations to develop economically. ously then the region should not ex- 2009 Kenya Certificate of secondary overall development of the region. tion in the partner states to harmonize The launch of the Common mar- pect to be a major shareholder of the Education ( KCSE) examination. In Attributing the disparities in de- the university curriculum, education ket protocol elicited mixed reaction national cake,” said Mondoh. fact over 40 percent performed dis- velopment among the EAC states to standards and accredit the region’s with some citizens from Tanzania The PS called for concerted efforts mally in English, Maths and Kiswahili several socio-economic and political universities. fearing that it was likely to benefit from local political leaders and educa- and managed grades below C minus,” factors, the principal says the free He challenged citizens from the Kenyans due to differences in eco- tionists to uplift education standards. he adds. movement of goods and profession- partner states to seize the opportunity nomic development between the two The district however posted posi- Godia said although the rising cas- als to member states would reverse and invest anywhere in within the countries. tive results in primary school exami- es of child labour, truancy, retrogres- nations as it was ranked 11 position sive cultures and drug abuse continues overall nationally. to impede the realization of good re- Present during the event was Bu- sults, the marked declined registered sia DC Arthur Gitonga, Chairman of by schools in the area was unaccepta- Kenya Civil Aviation Charles Wako ble. Godia admitted that most schools and the local education officer John in the country were grossly under- Owino among other scholars. staffed with the shortage currently Mr. Gitonga said the district had standing at 66000 teachers. Secondary recorded an increase in the number schools require 23000 while Primary of children going to school citing pre schools need 43000 teachers to bridge primary section, which he said had the gap. recorded an enrolment of over 50 per He said that the situation has been cent in the last one year. aggravated by increased enrolment The DC however said over enrol- in primary schools and registration ment of children in primary schools of new schools which demands more has led to a strain on teachers, physi- staff to cope with the heavy and tedi- cal facilities and financial capabilities ous workload. Kisii University Col- of schools. lege (KUC) principal, Prof. John He said poverty and an increase in Akama asked the government to post early deaths of people, who are sup- more Education inspectors to the dis- posed to take care of the school go- trict to supervise the implementation ing children due to HIV/Aids related of the curriculum to help improve on complications, is impacting negative- education standards and performance ly on enrolment. in national exams. “Early deaths and HIV/Aids stig- He suggested that competent and ma pose a major obstacle to school qualified people be appointed to run going children in the district,” said schools Boards and support education Gitonga. programmes and projects to improve During the event, top schools education standards in the district. and individual performing teachers The KUC Chief Executive Of- were awarded trophies, cash and other ficer observed that some parents had Students in a graduation ceremony in one of the public universities. Photo/File forms of incentives. abdicated their roles of monitoring the progress of their children, leaving it to the overburdened teachers who had little time for adequate attention to in- dividual learners. Gusii schools chocking with debts Kitutu Masaba legislator, Wal- ter Nyambati revealed that Ekerubo By BOB OMBATI not released by September when Atuti said that in 2008, the mixed secondary school would be the schools reopen for the third school was given less Kshs0.4 turned into a girls boarding school SCHOOLS in Gusii are operat- term. million as the ministry of edu- next year to improve the girl-child ing on debts following the gov- The Principal at the same education. cation still relied on old data to ernment’s delay in the release time told The Link that the FSE fund the programme. Nyambati warned that he will of the Free Secondary schools push for the demotion of head teach- funds did not cater for all stu- At Cardinal Otunga and ers whose schools registered a mean education funds. dents since the government Sameta high schools, the situ- score of below 250 to replace them The Link has established that relied on past enrolment fig- ation was no different. The with result-oriented individuals as re- supplies of items to various sec- ures which were not reflective schools principals, Zachary solved during the District Education ondary schools in the region are on new students joining the Nyariki and Fred Sunda said Board ( DEB) meeting. yet to be paid as schools close schools. they had exhausted their schools Area district Commissioner, Ones- for the August holidays. He singled out 2009 where reserves as they awaited the mus Kyatha directed chiefs and secu- At Nyanchwa mixed sec- he enrolled 561 students but FSE funds. rity officers to close down video shops ondary school, the principal, only 525 benefited from the FSE The duo appealed to the gov- which exposed school children to por- Timothy Atuti says that he has funds, saying he was compelled ernment to speed up the dis- nographic materials and disoriented exhausted the school’s reserve to send the affected students bursement of the funds to ena- them from learning, leading to posting and wonders how he will man- home for fees to keep them at ble the school managers operate of poor results from the area. age the school if the funds are the school. smoothly. Prof. Ongeri: Education minister The Link, August 2010 4 EDUCATION Entrench civic education in schools HE People of Kenya have indeed facilities for persons with disabilities spoken. The citizenry have over- that are integrated into society to the Twhelming approved the New COMMENT extent compatible with the interest of Constitution. As we move forward the person; while under article 55 (a) implementing the new constitution and the state shall take measures, includ- also to work closely with parliament to By DON BONYO ing affirmative action programmes, to enable the enactment of all the legisla- ensure that the youth access relevant tions required the government should education and training. This is great in work out strategies for scaling up civic opment wing – the Kenya Institute of Kenya’s history. For the first time, the education programmes in the country Education, could begin to work hand right to education is now a constitu- through the Ministry of Education. in hand with the Ministry of Justice, tional guarantee. A more sustainable way is to intro- National Cohesion & Constitutional It is a fact that Kenya’s education duce Civic Education in the schools Affairs and ensure that more Civic Ed- system is wanting both in terms of curriculum, right from the primary ucation materials are developed target- infrastructure and quality of services. schools, to secondary schools and to ed at different groups of the citizenry Currently there are a number of chil- higher institutions of learning. A syl- at various levels all over the country. dren who are excluded from govern- labus could be developed for primary We must keep the Civic Education fire ment supported education programmes schools that introduce key concepts burning. Already there are sufficient while various parts of the country and aspects of the New Constitution, materials developed by the Commit- have schools in dilapidated conditions. topics of which could be advanced in tee of Experts that were used during Since the new constitution is clear on Secondary schools and even higher in- the Pre-referendum period; these could equity, social justice, inclusiveness, stitutions of learning. At higher levels provide a starting point. A systematic equality and non-discrimination, I urge such as colleges and universities, we step by step mode of advancing Civic the parents, guardians and children could explore options of having Civic Education in Kenya could be explored; themselves to begin to demand for A section of Kenyans casting their votes during the referendum Education as a common course. The a model that demonstrates the transi- time-frames within which these injus- for a new Constitution. youth polytechnics and Adult Learning tional process should be a priority that tices would be corrected by the state! Centres should also not be forgotten. would enable Kenya’s to understand With the new constitution it is para- other institutions of research and high- root level to conform to the devolved To inculcate a culture of Constitu- better how we move from the Old con- mount that the Draft Education bill er learning, primary schools, special structure of governance. tionalism in Kenya, it is important that stitution to the new constitution. be revised to take cognisance of the education, secondary education and On the other hand, under the Fourth we begin – with immediate effect - to The current schools syllabus; espe- provisions of the new law that relate special education institutions. This is Schedule, the county government unpack the provisions of Chapter Two cially Social studies in primary schools to education as a fundamental human indeed great as it will enhance equality would also be in charge of pre-primary (The Republic) and disseminate the and History and Government in Sec- right and other provisions in the new and quality in the provision of educa- education, village polytechnics, home same through school communities. ondary schools has a lot of focus on constitution.. Considerations should tion in Kenya. Under Chapter Thirteen craft centres and children facilities. At For instance The National Values and the Old Constitution, the Education also be made to ensure that the bill (The Public Service); Part 3, There this level and in terms of policy deci- principles of governance as stated un- sector team leaders must take caution reflects and generates an implemen- is established the Teachers Service sions, would they be accommodated by der the New Constitution should be of and ensure that relevant examination tation framework for the right to free Commission with its functions clearly the National government policy direc- immediate priority for the school com- questions in relevant subjects capture and compulsory basic education for all outlined. Aware that as it is currently, tions? The Ministry of Education has munities. Topics on Patriotism, Na- the sprit of the New constitution. children, provisions for persons with the provision of education services is always been keen to have public nurs- tional Unity, Sharing and Devolution As we usher in the New Constitu- disabilities in educational institutions, coordinated and supervised (including ery schools (ECED centres) integrated of Power, the rule of law, democracy tion, Public policy decisions in Ken- the measures the state has to take to quality assurance) through the District in the public primary schools systems and participation of the people; Human ya’s Education Sector must now be ensure that the youth access relevant Education Officers and also aware that for efficient supervision, coordination dignity, equity, social justice, inclu- made in reference to critical provisions education and training, and provision in not more than two year’s time the and provision of resources by the gov- siveness, equity, human rights, non- in the new constitution relevant to the for special opportunities for minority country would have county govern- ernment. In the new arrangement, what discrimination and protection of the sector, some of which take effect im- and marginalized groups in education ments, policy options must be urgently happens to this very innovative and marginalized; good governance, integ- mediately while others at later dates. field. Many education stakeholders ar- explored for working relationships progressive policy direction? In terms rity, transparency and accountability; Education sector policy team need gue that the sector has fragmented and with the County governments in the of the teachers in the institutions under and sustainable development must now to be early risers during this moment piecemeal policies for the provision of provision and coordination of educa- county government – would TSC reg- find their rightful place in the schools of History in Kenya and provide guid- education services in Kenya at differ- tion in institutions such as primary and ister teachers at this level too or even curriculum right from the lower levels ance and support as far as knowledge ent levels; the time to review education secondary schools. One of the expect- recruit and employ? Currently there to higher levels of learning; primary advancement is concerned. policy options is now; efforts must be ed challenges that Education actors are many primary school teachers who schools to secondary schools, and even Education sector has notable gains made to ensure that the best policy op- need to begin exploring is the flow of have undergone professional trainings to higher institutions of learning. The that are provided for in the new consti- tions for the sector are presented to par- the Structures from the National level on Early Childhood Education and De- generation within all levels of learning tution. Among these include; Chapter liament in good time. to the grassroots. For instance, at what velopment – many of whom are under today is a critical target that would help Four (The Bill of Rights); Under arti- Under the Fourth Schedule (distri- level would the TSC officers and Min- TSC’s payroll; this is a critical group us as a nation to have a citizenry that cle 43 (f) it is clear that every person bution of functions between the Na- istry of Education officers currently that would take up jobs in the Pre- appreciate and demonstrate constitu- has a right to education; Further article tional and the county governments) based at the District Education offices, primary schools level given favour- tionalism. There is thus an enormous 53 (b) states clearly that every child has The National Government would be in discharge their duties under the new able remuneration and other terms of task ahead for curriculum developers a right to free and compulsory basic charge of Education policy, standards, structure of governance? Would they service. In such a scenario would they and reviewers in Kenya. education; article 53 (1) (b) states that curricula, examinations and the grant- move to the County government level? be absorbed by the county govern- In the interim, The Ministry of Ed- a person with any disability is entitled ing of university charters, universities, We need to begin exploring options ment or TSC would take charge? The ucation – through its curriculum devel- to access educational institutions and tertiary educational institutions and that would best work for the teachers Ministry of Education currently has a and the school children in this regard. unit in charge of ECED with a policy Many other functions of the Min- on ECED in place, what would be the istry of Education are currently co- linkage from the National government ordinated at the district level; these team to the county government team – include; education data collection and and what are some of the possible role information management, quality as- of the county executive committee in surance work, curricula support serv- this arrangement? ices (including induction exercises for Revisiting the functions of the TSC teachers), coordination of examina- as provided for in the new constitu- tions, coordination of sports, music and tion, one main function is to register drama festivals among others. Would trained teaches among other functions. these functions be harmonised with the The commission shall also review the structure of the county governments? standards of education and training If that is the case, would it conflict with of persons entering the teaching serv- the functions of the County Executive ice, review the demand and supply committee? In case of conflicts could of teachers; and advise the national we develop strategies now to avoid government on matters relating to the the expected conflicts? How about the teaching profession. These provisions functions of District Education Boards are timely as they take effect at a time (DEB) – who would take them up and when the country is facing challenges at what level would we, have their with the provision of quality education functions carried out? This calls upon at all levels of learning; a factor always sober reflection of various groups that attributed to teacher shortage. are keen in the realization of education Kenya’s Lead education stakehold- sector reforms. We also have schools ers and Civil Society Organizations classified as National, Provincial and advocating for Education for All in District schools, with the new struc- Kenya have to move with speed and ture of governance, what would be the share policy formulation, discussions rational for such classifications? With and negotiation tables with specified the spirit of devolution, it becomes im- strategies for incorporating the voice of perative that we review the coordina- the people; children, youth, and adults Kenyans go under civic education during referendum campaigns. Photo/File tion of education in Kenya at the grass from the grassroots. The Link, August 2010 FOCUS ON NEW CONSTITUTION 5 The making of a new constitution

By FIDELIS KABUNYI is achieved on the contentious is- sues, Kenyans will be able to sup- port the draft and vote for it in the THE clamor for a new constitu- referendum so that country may tion for Kenya dates back to 1964, at last have a new constitution. resulting to the achievement of many constitutional milestones Agenda 4 which have now culminated in a After the disputed Presi­dential new constitution. elections of 2007, Kenya wit- The federal constitution nessed its worst moment in his- drawn at independence had been tory when there was widespread amended on several occasions violence in the country. Nego- but the amendments fell short of tiations mediated by the African providing the country with the Panel of Eminent Persons helped best institutional and governance achieve a consensus that led to structures and therefore failed the signing of the National Ac- to enable Kenya achieve its full cord. In order to achieve lasting po­tential in fostering peace, eco- peace and prosperity, the accord nomic growth and social­ harmo- under Agenda Four requires a ny among its peoples. new Constitution for Kenya to be enacted. Three Drafts This gave a new push to the In response to the people’s yearn- search for a new constitution. ing for a new constitutional dis- Parliament enacted the Consti- pensation that would embody tution of Kenya (Amendment) greater democracy, respect for Act, 2008 and the Constitution of human rights and accountability Kenya Review Act, 2008 to serve on the part of the Government, as the legal framework for achiev- the Constitution of Kenya Review ing a new constitution. The Re- Commission (CKRC) embarked view Act required the Committee on a proc­ess of constitutional Wananchi at a ‘Yes’ campaign rally. Photos/Moses Mwangi of Experts to finalize its work re­view in 2003. The process led within twelve months. The draft to three draft constitutions: The the 2005 referendum but it did not upon by a majority of Kenyans, missioned by CKRC, consulted produced in the review process Constitution of Kenya­ Review meet the expectations of majority thus killing the dream of a new with the people and unanimously was passed by the National As- Commission Draft submitted to of Kenyans hence it was rebuffed constitution. To address the bone identified the issues that were not sembly. On August 4, 2010 the Bomas Constitutional Confer- at the ballot box. of contention, the committee re- agreed upon as; the executive and document was overwhelmingly ence (Ghai Draft), the Constitu- viewed all the existing draft con- Legislature, devolution of pow- endorsed by Kenyans in the refer- tion Confer­ence Draft (Bomas Contentious issues stitutions, documents reflecting ers and bringing the constitution endum conducted by the Interim Draft) and the Proposed New The Wako draft was defeated political agreement on critical to effect (transitional clauses). It Independent Electoral Commis- Constitution 2005 (Wako Draft). mainly due to issues that were constitutional questions, analyti- is therefore, intended by the Re- sion. (IIEC). The Wako Draft was voted on in contentious and were not agreed cal and academic studies com- view Act that when a consensus Kilifi council Girl child education remains elusive bets big on By MALACHI MOTANO tistics from the ministry show that female teachers account for only about 30 per education cent of the teaching staff. Most of these EVEN with the introduction of free pri- are to be found in the urban areas, leaving By BEKADZO TONDO mary education in the previous govern- very few teachers in the rural areas. ment, access to it (education) still remains KILIFI county council has set aside 50 But all is not lost. The government has a pipe dream to many Kenyan children. percent of its Kshs40 million budget- however taken some initiatives in the pro- Whereas the introduction of free primary ary allocation to supporting education motion of children’s education by enshrin- education has been seeing an increase in programmes in the area. ing this right in the Children’s Act, 2001. the enrolment, a sizeable number of chil- According to the Clerk Mr. Leboo According to education Minister Prof, Sam dren, especially girls still find themselves Ole Morintat, the council will spend Ongeri, the Act also created a department out of school owing to a number of rea- Kshs19.8 million to construct new for children to deal with their rights and wel- sons. classrooms, issue bursaries to bright fare. Application of such laws as, imprison- James Mwangi, an inspector of pri- students from poor families and buy ment of any person found guilty of negli- mary schools in Kiambu district, revealed desks. gence in this case, knowingly and willfully that most girls enter school at a late age Morintat says the council was com- causing a child to become in need of care because of the demand for their labour in mitted to improving the literacy levels and protection has helped towards the pro- their homes such as assisting in looking among the residents and will collabo- motion of the children’s right to education. after their young siblings. rate with other stakeholders in the edu- According to Section 127 of the Chil- Mary Gathoni, 15, had this experi- cation sector to realize its goals. dren’s Act 2001, “any person found guilty ence: “I had this rare chance of going back Speaking at the county hall soon of negligence is liable for a maximum of to school when education was made free. after the finance committee chairman five years’ imprisonment or a fine of a sum However, my dreams were cut short when councilor Teddy Mwimbire read the not exceeding KES 200000 or both fine and my parents decided to marry me off to Mary Gathoni before she was married off. council’s budget, the clerk said the imprisonment”. Of significance also is the their creditor without my consent. When council will spend Kshs800,000 to fact that a number of NGOs have been al- I tried to resist, they threatened me with second child, did not escape from poverty In a number of Kenyan communities, build classrooms in 14 public primary lowed to operate in areas where early mar- death”, she says amid sobs. and her parents have nothing to show for it is girls, who spend more time on house- and secondary schools within the its riage is prevalent. They are now educating In similar circumstances, a 16-year- the dowry they received. hold chores than boys, leaving them with jurisdiction. He said shortage of class- the people on the importance of taking girls old girl from the central Kiambu district, Some parents justify the denial of very little time to study at home. In case a rooms in most schools in Kilifi had to school rather than marrying them off to who preferred anonymity was married girls of their right to education to prevent family member falls sick, girls drop out of forced pupils to learn either in shifts older men. off as soon as she was circumcised at the them from bringing shame to the family school to look after the sick relative. or under trees adding that the donation The government, in collaboration with age of 13, thereby shattering her academic through early pregnancy. Yet others be- The situation gets worse when a will alleviate the problem. NGOs has also established centres where dreams. lieve that women who are at the same lev- mother dies, forcing the girl to take over The clerk further said the council girls rescued from early marriage are ac- She said: “I thought of becoming a el of education as the men are a disgrace her responsibilities. The situation has been had increased its bursary allocation commodated and counseled, before being doctor but my dreams were shattered to the community because more often exacerbated by the HIV/AIDS pandemic, from Kshs3.6 million in the last finan- sent back to school. when my father, a Maasai decided to mar- than not, they will not get married and if which has forced children out of school to cial year to Ksh4 Million this year. Through strict intervention of the gov- ry me off so that he could get dowry to add they do, it will be to a foreigner. For such take up odd jobs in order to play the role He said the council has come up ernment there is hope for the children who to his riches. At the age of 14, I gave birth parents, early marriage is the best way to of their parents. with modalities to ensure bright stu- have been out of school to pursue their life- and I almost died in the process”, she re- prevent this and at the same time preserve According to the ministry of educa- dents from poor families in the area get long dreams. called bitterly. The girl, now expecting her traditions. tion, the girl child lacks role models. Sta- the bursaries to support their education. The Link, August 2010 6 FOCUS ON NEW CONSTITUTION

The new constitution World leaders heap to ensure just society praises on Kenyan By PETER MUTUKU By THE LINK TEAM THE Transitional Justice Initiative VARIOUS world leaders led by (TJI) wants Kenyans to fully par- United States President, Barack ticipate in the implementation of the Obama, have a chorus of congrat- new constitutional order. ulatory messages to Kenyans for The TJI Executive Director overwhelmingly supporting the Njonjo Mue says the implementation new constitution. of the new constitution should not be President Obama, for example, left to politicians and bureaucrats. said that by holding a peaceful ref- This, he says, will help forestall erendum, the country has made a a scenario witnessed during the post significant step forward in democ- independence years where interested racy. parties set about dismantling the “My administration has been constitution almost as soon as they pleased to support Kenya’s demo- landed from Lancaster house. cratic development and the Ken- “In the same way it has been pos- yan people, including through the sible to have Kenyattaism without visit of vice president Biden ear- Kenyatta and Moism without Moi, it lier this year,” the US president is also possible to have a constitution whose father was Kenyan said. without constitutionalism,” he warns He said by overwhelmingly He says that the new constitution- approving a new constitution, al order must be given meaning not Kenyans have shown a desire to only by breathing life into it through put the country towards a path of the new laws that must be passed, but improving governance, greater by a commitment by all to national stability and increased prosperity. values that ensure that we recreate a Kenyans across the political;, republic that is more just, equitable social, and ethnic spectrum now and inclusive of all its people. have a chance to come together to “The new constitution will need support implementation through United States President, Barack Obama, lead a chorus of congratulatory messages to Ken- every vote it can get, both in parlia- an inclusive dialogue,” he said, yans for overwhelmingly supporting the new constitution. ment and public opinion in order to adding that reaching out to one an- breathe life to the new dispensation,” other, Kenyans will be able to take stitution. British Foreign Secre- “The EU trusts that the new billion to accelerate reforms de- he said. advantage of the historic opportu- tary William Hague said this was constitution will help to unlock velopment in various sectors. He called on the church to repo- nity to move the country forward. a landmark decision that raises further necessary reforms, such And the Canadian Foreign sition itself in holding the govern- The US president said the hopes for a new era of stability as to its electoral system, police Affairs minister Lawrence Can- ment accountable in implementing implementation of the new law and prosperity in Kenya. and the judiciary that will enhance non said the peaceful referendum the 80 percent of the constitution would play a decisive role in “I hope this result will encour- Kenya’s future stability and pros- demonstrates the government’s that everybody agrees is good, even achieving these objectives in a age Kenya’s government and peo- perity,” she said in a press state- commitment to strengthening as they use constitutional means to way that would benefit all -Ken ple to continue to strive for further ment issued from Brussels. Ms governance, accountability and continue making their argument of yans. reform and development,” Mr. Aston expressed the EU’s readi- removing inequalities in Kenya. the clauses they do not like. “As Kenya’s close friend and Hague said, promising that the ness to constitution supporting the He pledged Canada’s support to The CEO at the same time un- partner, the United States will UK will stand by Kenya through- country in the implementation of the reform process. derscored the need to hold a na- work with the international com- out the reform process. the new constitution and the over- Germany’s Federal Minister tional reconciliation conference munity to support the implemen- The EU representative Cath- all reform agenda. At the same Guido Westerwelle described the that will help to build cohesion, tation process, and to stand with erin Aston said the referendum time the head of EU delegation referendum’s outcome as a mile- normalize social relations, public the Kenyan people as they reach was historic event for Kenya and Eric Van Linden announced that stone in the country’s political de- life and economic activity. for a better future,” Obama said. a landmakin the reform agenda. the union will give Kenya Shs 10 velopment. “We need to carry the country The Panel of Eminent Persons forward , otherwise we risk repeat- led by former UN Secretary Gen- ing past mistakes,” said Mue when eral Kofi Annan, on their part said he addressed a constitutional con- it was encouraged by the success- The implementation process ference organized by Agenda Four ful conclusion of the referendum. Commissions namely National “We very much welcome re- l IIEC publishes results in the Kenya Gazette Cohesion and Integration Commis- ports which indicate that Kenyans l President Kibaki proclaims the new constitution in 14 days in a colorful ceremony sion, Interim Independent Bound- were able to vote in a free, fair and l Bill of rights and judicial reforms take effect immediately the constitution is pro ary Review Commission, Interim peaceful atmosphere,” the Panel claimed Independent Electoral Commission said in a press statement, add- l President and PM Raila appoint a 9-member Constitutional Oversight and Imple and the Committee of Experts . ing that there were no winners or The CEO challenged the two loser. mentation Committee principals to create trust by reach- The European Union, Britain, l Parliament to approve the appointees to the committee who will serve for five ing out to those who were opposed Canada and Germany also sent years to constitution during the referen- congratulatory messages to Ken- l Coalition government to remain until 2012 dum debate. yans for approving the new con- “They too are Kenyans and we will need each other in going for- ward as a united country,” he adds. HE said that leaders should also explore the use of music, drama or culture to forge the Kenyan iden- tity. ‘No’ team concedes defeat The CEO at the same time called Opponents of the new constitu- began over 20 years ago is now voters who cast ballots backed the for the development of strong na- By TOM ODULA tion conceded defeat gracefully, coming to a happy end,” President new constitution, an overwhelm- tional institutions to defuse ten- paving the way for a peaceful tran- Mwai Kibaki told hundreds of ing victory that likely helped sions and ensure socio-economic KENYA’S president heralded sition to the new draft document. supporters in downtown Nairobi, quash any potential for violence. stability across the political divide. the passage of a new constitution Ethnically charged violence had some of whom blew the loud vu- Voter turnout was 71 percent, the “This will help promote inclu- Thursday as a “national renewal,” left more than 1,000 people dead vuzela horn made famous during reason that long lines snaked for sion, peace building and conflict after results showed that close to 70 following the disputed 2007 presi- the recent World Cup. “Indeed, hours at ballot boxes around the prevention as key principals to na- percent of the country had backed dential election, raising concerns may the new constitutional dispen- country. tional building,” he added during the document replacing a British about the aftermath of Wednes- sation be our shield and defender.” Opponents of the draft had ex- the Referendum process confer- colonial-era draft that inflated the day’s vote. Kenya’s election commission ence held at KICC. powers of the presidency. “The historic journey that we said 67 percent of the 8.6 million Turn to Page 9 The Link, August 2010 FOCUS ON NEW CONSTITUTION 7 Raila’s take on contentious issues How do you plan address agreed to talks, but how can mittee of Experts. Abortion the contentious issues raised we be sure that new conten- was introduced in Naivasha by the ‘No’ team? tious issues will not be cre- by the Church leaders. We will be discussing. But ated? Nevertheless, we are They introduced it because Goodies in the as you know we now have a willing to listen and resolve they wanted it stated that new Constitution, and that issues under the context of life begins at conception and Constitution outlines clearly the new Constitution. that abortion in not permit- New Constitution how such issues can be raised ted, period. But then medical and how it can be amended. Which issues do you consid- practitioners pointed out that l MPs to start paying taxes by August 20 this We hope that the people who er to be genuine? if it was left that way, as pro- want amendments know that. year For instance Kadhi courts fessionals they would have a l All state officials to pay taxes We agreed that we cooper- were a non issue. If you re- problem. They risked being ate and that position has not move it the Muslims will be charged with murder if in an l No more lengthy stay in police cells changed. But as you know, not be happy. There is really emergency they terminated a l Suspects to be informed of reason for arrest when we went to parliament no compromise on the issue pregnancy to save the life of l Right to access government information there were so many amend- of the Kadhi courts, they have the mother. ments proposed by MPs that always been there under the That’s why other qualifi- l 999 year land lease reduced to 99 years nothing could move. Constitution and never hurt cation had to be introduced, l Everybody will have a right to emergency If you want to go down anybody. In any way, com- allowing the procedure if the medical treatment memory lane to 2005, there promise on the issue had been life or health of the mother l The chairperson and vice-chairperson of a were just three contentious reached in 2005 at Bomas of was in danger. Then there is issues, the legislature, the ex- Kenya with the churches, also the Penal Code, and that commission shall not be of the same gender ecutive and devolution. with the very same church is what informed the Commit- l Not more than two-thirds of the members of Land was not an issue. Ka- leaders who raised objections tee of Experts decision to add dhi’s court was not an issue. elective or appointive bodies shall be of the later. the proviso ‘permitted by any same gender Abortion was not an issue. other law’. After we had agreed on the What about abortion? l Every Kenyans will have a right to adequate key things new contentious You know this is an issue that -He talked to Macharia representation in court issues were raised. We are did not come from the Com- Gaitho of NMG.

New constitution ‘Yes’ vote good for economy heralds birth a A CROSS section of Kenyan lead- new Kenya ers led by Finance Minister Uhuru Kenyatta told Reuters that the ‘Yes’ By BRIGHTON KAZUNGU vote for the new constitution is like likely to boost performance of East THE new constitutional dispensation Africa’s largest economy. marks the beginning of a long march to “I think it will have a positive true nationhood. And so is the reform effect on the economy because it agenda which will derive mainly from will create optimism and remove social engineering. any lingering after effects of the Because of the divisive way in which 2008 violence and shows Kenyans the campaigns for or against the draft have actually matured and are not have taken we believe that this is the time ready to go to the kind of situation to cool project. We should therefore not we saw then. I think that optimism let the passions of the referendum cam- will have a positive effect on the paigns cloud our thinking as to why we country as a whole, Mr. Kenyatta wanted a new constitution to begin with. said.” First and foremost, it should not es- On his part the Central Bank cape our minds that we were fed up with Governor Njuguna Ndung’u said the way the governors related with us; we were fed up with the way power and “this is a superior law that pro- national resources were concentrated in tects individuals, institutions, mar- one person and one place and allocated kets and defines a new political as favours to the chosen few; we were and governance platform. A legal fed up with blatant injustices that have framework that protects institu- festered for generations; we were hungry tions will support the emergence for a new beginning. and development of strong institu- We must in the same spirit push for tions. Strong institutions define the Finance Minister Uhuru Kenyatta (left) with President Kibaki, PM Raila and other ‘Yes’ the enactment of laws that will need to appropriate incentives or reward/ leaders. Photo/File be passed in order to implement the new punishment framework that will constitution. This calls for the govern- encourage prudent behavior. This rally on this news, with room for firmation the majority of Kenyans crowd out time for some of the oth- ment to explore ways through which is a strong foundation for markets further gains in the shilling. Last who voted want change. The big er challenges that face this country. the laws that will be enacted garner the to thrive and investors to be con- week’s surprise rate move by the challenge now is to carry out that It’s time to get back to looking at support of key drivers of the campaigns fident that a superior law protects central bank -- aimed at influencing change, to implement fully and ef- how we get the economy back to against the draft. them and the incentives are prop- bank loan rates primarily -- pro- fectively what is in the proposed the strength it had before election.” A new constitution is just one of the erly defined.” vided some boost to bonds, but a new constitution. Mr. Moses Kiboi, the Head of facets of change. The other most impor- Razia Khan, Africa Economist, continued rally will depend on how He said that Kenya now needs Trading, Citi Kenya praised the tant facet is that of government planning. at The Standard Chartered Bank the heavily front loaded issuance to start working on that right away. peaceful plebiscite as as a major Yet for change to happen on this said “while a move towards a new timetable is received. Overall the new constitution re- step forward towards peace and front there must be concerted efforts constitution will not deal with all “For now, however, the mood quires a number of changes to prosperity. “A peaceful Yes win from business leaders, professional bod- is overwhelmingly positive. Kenya take place over a period of time. will boost the country’s political ies, civil society and the entire citizenry. the political risk out there, it does Things like the time it takes to deliver a go a significant way towards defus- has overcome an important hurdle, “Many people and institutions that image, which is a huge factor when and the focus is on progress, and have been major beneficiaries of it comes to FDI (foreign direct in- road can be controlled by the constitution ing potential tension and uncertain- but an enlightened citizenry that will rest ty around the 2012 vote. He added forward momentum. Kenyan mar- the system we’ve had for so long vestment) and growth in the local at nothing to see a government delivering that “as such, we expect the news kets should react positively, most will obviously not welcome the private sector. I also see this as a on its obligations. will be positive for Kenyan mar- likely with other East African mar- changes proposed. There will be an positive shot to the tourism sector, This will require sustained pressure kets. Confidence was a key require- kets benefiting as well.” undercurrent of resistance. “For the which is already recording major mounted to strengthen external vigilance ment for economic turnaround, and According to Robert Shaw, a past two and a half years, the coun- growth, currently being reported on public service, government spending, the peaceful passage of the vote Nairobi-based independent analyst try has been immersed in coalition to be very close to 2007 highs, he management of natural resources and the should do a lot to underscore that. said “it’s decisive, we are now get- politics and lately, the change of noted.” relationship with our fellow citizens of “We expect Kenyan markets to ting to a stage where we have con- the constitution. This has tended to —Reuters the global community. The Link, August 2010 8 EDITORIAL & COMMENTARY The

LinkEnhancing governance for all Create public awareness on the new constitution s we salute Kenyans for making his- tory by promulgating a new constitu- tion in peace time, we would like at the same time to remind the authori- Aties that the hard part of implementing the new law has to begin immediately for there is no time to waste. In as much as many are calling for talks and reconciliation, and we support them COMMENTARY on that for the sake of bringing the people of Kenya together after such a long and protracted campaigns for yes and no, we would like to cau- tion that implementation must be given priority because we all know that there will never be ab- VP stunned by his people solute consensus on matters of the constitution. nalysts are squarely blam- It was not lost on observers that it took the VP too long to vehemently tell As the wheels of implementation process role ing Vice President Kalonzo ANALYSIS on and gets oiled to move even faster by the ex- Musyoka’s loss of political off Mr William Ruto, who kept tell- capital he suffered at the ing people that Mr Kalonzo was with pected proclamation of the new law towards the them while campaigning in Ukambani. Areferendum. By DANIEL OTUNGE end of this month, the government, especially the They say that were it not for his At one time he even told a red rally in two principals Kibaki and Raila, must ensure dithering at the beginning of the cam- Machakos that Kalonzo sent his greet- ings. And to make matters worse, the that civic education on the new law is carried out paigns, Ukambani would probably mitted that they failed to grasp early have voted ‘Yes’ overwhelmingly. VP’s key allies, like Kangundo MP all over the country so that all citizens are aware warnings that the ground was hostile Johnstone Muthama, did not initially In fact Kamba elites allege that it and moving in only three weeks to the of the content of the new constitution for we all was the VP who initially indicated to support the new constitution perharps referendum day nearly two months af- waiting for clear signals from the VP know that there was not enough time to conduct his people that he was in the No camp. ter the reds. The people were therefore stunned himself. For example, when Muthama adequate education before the referendum. And Former Makueni MP Peter Maundu was attending a ‘Yes’ rally in Nairo- when he started campaigning for Yes concurred: “We took our time ... there to entrench the new law in the hearts, minds vigorously. The people saw in him an bi, his wife was at a ‘No’ meeting in was reluctance on the part of some of Machakos where she gave the impres- and culture of Kenyans, there is need to include unprincipled leader whom they needed us to counterattack the moment the to teach a political lesson by going sion she was there with the blessings of constitutional education into the curriculum ‘No’ camp pitched tent in the region.” her husband. against his wish, they allege. Some leaders who did not wish to of schools. As is noted elsewhere in this paper, In fact, it was Kalonzo himself It now remains to be seen how the the ministry of education and the Kenya Insti- be named said Mr. Kalonzo must take VP will play his cards to weather the who boxed himself into a tribal corner a fair share of the blame for the Green’s when he publicly told a campaign rally political storm he allegedly brought tute of Education should take firm lead in this poor showing, noting that he was too on himself, especially with the death by working closely with the ministry of justice, in the region that a No vote from Kam- slow to embrace the new constitution, bas would puncture him politically and of the so-called KKK alliance which other arms of government and civil society. Par- attracting accusations of being a water- was believed would be his ride to state diminish his chances of becoming the melon (red inside and green outside). ticularly, the people should be made conversant next president. house. with their rights under the new law as proposed And so it almost happened because although the ‘Yes’ team won in 11 of in the much-praised Bill of Rights in Chapter the 17 constituencies in the region, the Four. There will be conflict between right seek- margin was so thin as it was just 51% ers and providers due to selective interpretation. for Greens against the Reds’ 49. And The people must not be short changed and the as he predicted, the outcome is raising questions about his political influence sure way to ensure that does not happen is to en- and future, with some politicians from lighten them through civic education and stud- central province openly complaining ies in schools and colleges. We therefore support about his contributions to the Green’s plate. The Reds won in six constituen- suggestions that the New Constitution be studied cies including Machakos Town, Kil- in schools and examined to strengthen students’ ome, Mwala, Kaiti, Kitui South and knowledge of it. Kitui West. But the outcome was even more stunning given that the two most im- portant people behind the new consti- tution, namely Justice Minister Mutula The Link is published Kilonzo and Committee of Experts chairman Nzamba Kitonga, are from monthly by the Institute Ukambani. for Civic Affairs and With hindsight, area leaders in the ‘Yes’ camp admit they were too le- Development (ICAD) thargic at the beginning and therefore failed to fend off onslaught for the minds and hearts of Kambas from the P.O. Box 7438-00200, Nairobi, Kenya. opponents who swamped the area like locusts with loads of propaganda soon Tel: 020 6001776 / 020 6001274 after the AG Wako published the pro- Email: [email protected] posed constitution on May 6. Water Minister Charity Ngilu ad- VP Kalonzo in shock after he was shouted at at a Machakos rally. The Link, August 2010 FOCUS ON NEW CONSTITUTION 9 LinkThe Enhancing governance for all ‘No’ team concedes defeat

EDITOR From Page 6 DANIEL OTUNGE pressed misgivings early Thurs- SUB-EDITOR day about the results, but William FAITH MUIRURI Ruto, Kenya’s higher education minister and a top leader of the ASSOCIATE EDITOR “No” team, conceded defeat. OLOO JANAK “As member of the ‘No’ team, we respect the verdict of the ma- jority,” Ruto said. He then urged the “Yes” side to engage in nego- WRITERS tiations over the parts of the con- stitution the “No” side objected to, ANDERSON MURENJE Coast items likely to include the consti- 0727 582135 tution’s clauses on abortion and land ownership. BOB OMBATI Nyanza Kibaki reached out to the “No” 0728 435255 camp in his speech, saying that the “No” voters’ voices had been NYAKWAR ODAWO Western heard. Others in the “Yes” camp 0726264153 took a more celebratory tone. “Saying that we have won is an MORRIS GITHENYA Central understatement. Kenya has been 0735855586 reborn,” said Kiraitu Murungi, the minister of energy. “In fact it JONES MAGARE Nyanza has been 20 years of painful labor. 0721127511 There is neither winner nor loser, we are all Kenyans, let us embrace BILL ESSAU Western each other as we usher the country 0721761408 into a new chapter.” In Washington, Secretary of BEKADZO TONDO Coast State Hillary Rodham Clinton said 0728341240 Kenya’s new constitution was the ‘No’ team during their campaign on proposed constitution. Photo/Kavyu-Kura centerpiece of the country’s re- NEVINS BIKO Rift Valley form agenda aimed at addressing 0723932857 underlying causes of violence. Kenya’s current constitution, ing peace, and we want peace to country. The results are “an indication drawn up in the lead-up to Kenya’s continue,” Korir said. The passing of the new consti- JOSEPH MUKUBWA Central that a very strong majority of Ken- 1963 independence from Brit- A coalition of evangelical tution is a major victory for Kibaki, 0724 039787 yans have voted for fundamental ain, grants the president sweep- churches said in a statement that it who backed a constitutional refer- change,” Clinton said. “We urge ing powers. The new constitu- was saddened by irregularities in endum in 2005 that was defeated. LUKE KAPCHANGA Western all Kenyans to reach out to each tion would dramatically cut back the campaign, balloting and count- The push for a new constitution 0723622136 other to work together after this on those powers by setting up an ing phases of the election process, began two decades ago. referendum to support Kenya’s American-style system of checks but the Catholic church and the The referendum was one of the AGGREY BUCHUNJU Western democratic institutions and to and balances, and paving the way Anglican church did not sign the conditions of the power-sharing 0733 537002 move Kenya forward into the kind for much-needed land reform. statement. agreement between Kibaki and of future that Kenyans themselves In the Rift Valley — the scene An observer group said it had Prime Minster Raila Odinga that OJWANG OGOCH Nyanza deserve.” of some of the worst atrocities not seen any signs of rigging as ended the 2007-08 violence. Both 0734 971205 Voters overwhelmed polling in 2007-08 — Bishop Cornelius had been claimed by some in the back the new constitution, and stations in some locations Wednes- Korir said the church would con- “No” camp. both appealed to Kenyans to vote PETER MUTUKU Eastern day. The international commu- tinue to press the government as it “We are confident that the peacefully. 0721 455048 nity, and particularly the U.S., had implements the new constitution process and the results reflect the Kenyan presidents have long urged Kenyans to pass the con- to take into account the church’s wishes of Kenyans,” said Kennedy favored their own ethnic tribes in stitution, even as the draft raised view on abortion. Masime, chairman of the Elec- the distribution of resources, a tre- emotions over land rights, abor- “We are very proud of the peo- tions Observation Group, which mendous source of tension here. LAYOUT AND DESIGN: tion and Muslim family courts. ple of the North Rift for maintain- had 10,000 observers across the -Associated Press WALTON GRAPHICS 0725 903 938 [email protected] VP calls for unity after referendum dream of a new constitutional By PETER MUTUKU General Elections. “Never again should we re- order. peat the dark history. Never He points out that although VICE President Kalonzo Musy- again should we see so much the new constitution was not oka has called for the establish- blood spilt on account of deci- perfect, it was better than the ex- This Newspaper appreciates ment of a national cohesion sions we make in the exercise of isting constitution as it captures the facilitation accorded by strategy that will seek to defuse our democratic choices. the aspirations of Kenyans. the Konrad Adenauer Stiftung any flare-ups that may arise af- He notes that although the The new constitution will (KAS) in Kenya ter the referendum. clamour for a constitution dates curtail excessive power of the The VP says the strategy back to the 1990’s, lack of con- Presidency and the executive, should aim at fostering toler- sensus on content based issues transfer power and decision ance, reconciliation, cohesion had derailed the process. making in social and econom- All correspondence and and integration. “Failure to ur- “As a matter of fact, this is ic affairs from the national to gently take appropriate action the closest that Kenya has come lower levels of governance, enquiries to the editor, during and after the forthcom- to enacting a new constitution. guarantee separation of powers ing referendum may not be in This is our moment because if between the executive, the judi- P.O. Box 7438, 00200, the interests of our beloved not now then when,” he adds. ciary and parliament, enshrine into law fundamental freedoms Nairobi, Kenya. country,” adds the VP. He says the current process The VP notes that consoli- as enshrined in the Kenya Con- and rights of citizens , guarantee Tel: 020 2333588 dating national cohesion and Mr. Kalonzo stitution Review Act 2008 has an open and democratic system integration will enable Kenyans endevoured to ensure inclusiv- of governance, safeguard the Telefax: 020 601776 forge ahead as one nation where during the 2005 referendum not ity and consensus building. rule of law and nurture a culture everyone feels a sense of be- only polarized the country but “The referendum therefore of constitutionalism, promote e-mail: [email protected] longing. also contributed to the bloody provides an opportunity for us national unity and cohesion and He says events witnessed events that followed the 2007 to achieve our long yearned equity among citizens. The Link, August 2010 10 EDUCATION PS outlines progress in education sector Central in bid to has an enrollment of 3,050 students in By JOSEPH MUKUBWA teacher’s shortage. added. raise funds to “We shall do all we can to address Mahiga Zone is one of the three eight secondary schools. EDUCATION Permanent Secretary the challenge of teacher shortages to education zones in Nyeri South dis- The performance of primary boost learning (PS) James Ole Kiyapi has outlined ensure adequate curriculum delivery trict in Central Province. schools in the area is below average progress the Government has made in and to enhance guidance and coun- The zone has 18 nursery schools, but action has been taken to improve the education sector. seling in order to address both drug 16 public primary schools, two pri- on provision of quality education by By MORRIS GITHENYA Speaking at Mahiga Girls Second- and substance abuse,” pledged the PS. vate primary schools, eight secondary holding meetings with stakehold- ary School during the Education Day He added that education stake- schools, one technical institute and ers who are now playing a more ac- SCHOOLS in Central Province are of Mahiga Zone in Othaya recently, holders have a responsibility to stop two village polytechnics. tive role in the zone and also holding seeking to reintroduce new levies to the PS however said the key concerns the spread of the HIV/AIDS disease Primary schools have 125 teachers awareness meetings with all teachers support co-curricular activities. for the education sector remain access, and to take care of those who are al- with a shortage of 13 teachers. It has in the zone. The new levies said to have been equity, relevance and quality. ready infected and affected. 4, 216 pupils enrolled in 16 primary The zone also lacks a teacher’s approved by Provincial Education “To address these concerns, the “Let us ensure we keep on remind- schools. advisory centre in terms of structures Board, will help supplement the Ministry together with key stakehold- ing the pupils and communities on Secondary schools have 110 teach- and furniture, office staff and has no Kshs10 million that has been allo- ers developed Sessional Paper No. 1 the dangers of living carelessly,” he ers with a shortage of 39 teachers. It vehicle. of 2005 entitled A Policy framework cated by the government during this for Education Training and Research. financial year to support co-curricular This was operationalized through the activities. Kenya Education Sector Support Pro- Head teachers in both Primary and gramme (KESSP),” he adds. Secondary Schools who are expected Kiyapi said the Ministry of Educa- to collect Kshs50.1 million from par- tion has been implementing KESSP ents are opposed to the move saying through 23 investment programmes the funds allocated by the government which are in line with the broader are enough to run the activities. framework of the national policy set However, a circular in our posses- in the Economic Recovery Strategy. sion addressed to primary and sec- KESSP focused on the attainment of ondary schools heads in the province Education for all (EFA) and Millen- and copied to their respective District nium Development Goals. Education Officers (DEOs) indicates Some of the major progress that the Provincial education board achieved since the launch of KESSP had approved the levy to boost allo- include, Primary School enrollment cations earmarked for the activities in increased to 8.67 million from 5.9 mil- the Province. lion in year 2002, secondary school According to the circular every enrollment increased to 1.6 million student in Secondary School is ex- from 800,000 in year 2003. pected to pay Kshs300 while their The primary schools Net Enrol- colleagues in Primary school pay ment Rate increased from 82.8 per Kshs15. cent in year 2005 to 92.6 per cent and The circular outlines that schools the transition rate from primary to sec- in the province require a total of ondary increased to 66.2 per cent from Kshs60,150,123 to finance co cur- 45 per cent in year 2003. ricular activities. The government “The secondary education, Uni- allocates Kshs10 million and leaves versity and TIVET strategies have a deficit of Kshs 50,150,123 that has been developed, the Technical, In- been extended to parents. dustrial Vocational, Entrepreneurship The circular further reveals that Training Authority (TIVETA) has primary schools in the region have a also been established. budget of Kshs18,720,810 for the ex- Free day secondary education was tra curricular activities while the ex- launched in year 2008,” added the PS. penditure in Secondary schools stand at Kshs41,329,313 with a shortfall of Kiyapi said he is ready to address the FROM RIGHT: Nyeri South DC Mr. David Koskei, Education PS Mr. James Ole Kiyapi and Central Province Kshs36 million. challenges facing the education sector Director of Education Mr Patrick Nyagosia in Othaya recently during the Mahiga Zone Education Day. in Central province which include the Photo/Joseph Mukubwa The Central Provincial Director of Education Patrick Nyaosi, however directed education officers in the area to ensure that no student is sent away due to failure to pay the money. Scores of head teachers inter- Learning in Kenya schools set to go online viewed by The Link expressed their By BRIGHTON KAZUNGU down on education costs. an educational environment that fairly on a level ground. dismay over the new directive saying “We have digitized the con- uses technology to create a one- Mustek East Africa channel that they were currently facing finan- COMPUTER micro-processor tent for lower primary and sec- to-one relationship, not just be- sales manager Albert Kigada cial difficulties owing to government manufacturer Intel Corporation ondary schools to enhance effec- tween the student and a broad set encouraged the government to failure to remit funds to support tui- together with computer parts as- tive use of ICT through engaging of learning resources. adopt mini-laptops which will tion fee in secondary schools. sembler Mustek East Africa will students more on the curricu- “We have a number of school cut down costs of acquiring the In Murang’a South district, many soon join the Kenya Institute of lum,” he said. representatives that have already hardware and parents will not of the heads indicated that circulars education (KIE) in providing He said the programme will been taken through this solution buy books thus developing a emphasizing on payment of the lev- software and hardware that will ignite student learning, improve and some are ready to have it computer literate society. ies are suspicious as they lack signa- enable online learning in schools. educational outcomes and equip rolled out,” he said. “We are implementing the ture as those circulating in Murang’a KIE deputy director John Ki- children for the future to com- Mr. Shah said the programme solution across the East African North region. motho said the institution had pete successfully in the knowl- will increase internet accessibili- region in various institutions and The heads said extra money put together learning materials edge economy. ty in rural areas following the ly- so far we have netted revenue in would affect learning as the parents for forms one and two into digit- Intel Corporation Corporate ing of the fibre optic cable, thus excess of Ksh70 million since its are already charged due to high cost al format to enable schools expe- Commissions Manager Suraj students who lag behind are able launch in December last year,” of educating their children in public rience this new era that will cut Shah said the programme has to gain knowledge and compete said Mr. Kigada. schools. State to improve access to quality education in arid areas By JOHN NYAMBUNE Ongeri, says the framework will equity, quality and relevance of billion. support education among the no- address the challenges faced by education for the learners. Prof Ongeri, who was accom- madic communities in the country. THE Government has come up learners and education service The Minister says the policy panied by his Northern Kenya He adds that since 2006, the with a framework to enhance ac- providers in the nomadic regions. framework will ultimately lead counterpart Mr. Mohammed Elmi, Government had spent Ksh300 cess to education in Arid and Semi- He says the policy, which will to the formation of the National Assistant Minister, Prof. Ayiecho million for the construction of low arid areas in line with its policy on cover North Eastern, North Rift, Commission for Nomadic educa- Olweny and several MPs from the cost boarding primary schools and Education for All (EFA) by 2015 upper Eastern and parts of Coast tion in Kenya (NACONEK). He region, points out the policy will purchase of kits for mobile schools and Vision 2030 blueprint. Province that fall under the ASAL added the implementation of the ensure effective resource mobi- in the region to enhance nomadic Education Minister, Prof Sam areas, aims at enhancing access, project is estimated to cost Kshs12 lization from key stakeholders to education. The Link, August 2010 CITIZENS’ WATCH 11 @

Govt should Names of corrupt Can Lumumba make a difference lawyers should be launch campaign published on illicit brews POOR professional ethics prevail in the in KACC’s anti-corruption crusade? legal profession. The complaints Com- COMPARED to our neighbour- mission, established in 1989 to receive ing countries, Uganda and Tan- RESIDENT Kibaki appointed tion. Lumumba and team must resist and consider complaints against lawyers, zania, the taxation of alcohol in Patrick Lumumba the new Di- such pressures, if they hope to gain received an average of four complaints Kenya is the highest. rector of the Kenya Anti-Cor- peoples’ trust and confidence. every day during the last three months. With every new budget in P Last year, the Kenya Anti-Corruption ruption Commission (KACC).Also In executing KACC’s mandate, Kenya, the government increases appointed were Assistant Directors the team must be resolute and stra- Commission received an average of three tax which includes the cigarettes, Jane Onsongo (Preventive Services) tegic, and tackle short and long-term complaints per day, which were related to in its effort to fill the national corruption. and Pravin Bowry (Legal Services challenges decisively to reverse the The cases are the tip of the iceberg. budget deficit. and Education Research). corruption syndrome. This demands All poor Kenyans cannot af- Most people do not report their lawyers, John Mutonyi, who was the act- short and long-term institutionalised even if they have complaints against them. ford legal alcohol, so they are ing Director, returns to his position as interventions, with both proactive and Many people do not know where to com- forced to drink the illicit brews, Assistant Director, Investigation Serv- multivariate measures and public part- plain. which are laced with dangerous ices at the anti-graft body. The new nership. By far the most common complaint chemicals like methanol and for- appointments followed a competitive Thirdly, as a people, we must ac- received by the Complaints Commission malin to give them extra ‘kick’. recruitment process by KACC’s Ad- cept our individual and collective re- was withholding funds, a euphemism for Two months ago, 10 men visory Committee, as well as vetting sponsibility in condoning and embrac- the first stages of embezzlement. died and 10 others went blind by a Parliamentary Committee and ing a corrupt society. Any giver must It was followed by failure to render in a Nairobi slum after drink- approval by Parliament. be as guilty as the receiver of corrup- professional services, a euphemism for professional misconduct,then by failure to ing illicit brews. Recent reports President Kibaki, as the designated tion proceeds, with similar severity in indicate that another five have account, a euphemism for misappropria- appointing authority, has now met in Mr Lumumba consequences. The pursuance of ill- tion. died in Kiambu while seven have full the requirements for the process gotten gains must be as ferocious as The Law Society of Kenya (LSK) has been hospitalised after consum- laid out in the Kenya Anti-Corruption measures. the prosecution of suspects. This way, in the last two years been publishing infor- ing such brew. and Economic Crimes Act. In the past, Justice Ringera, and there will be no incentives for corrup- mation regarding the status of its members The government should We congratulates the trio on their the organisation preceding KACC, tion. for the benefit of the public. launch a campaign to educate appointments to unenviable positions, raise high expectations following their Corruption has made Kenya’s Currently, its website lists lawyers people on the ills of illicit brews. given the enormity of their responsi- appointment. How far they went is a dream of prosperity elusive, influenc- who are dormant or inactive (not certified bilities, and the entrenched culture of matter of conjecture and anything else ing all spheres of society, including to practise), those who have been suspend- * * * corruption in our society. is history without value; Today’s re- national policies and development ed or been struck off the Roll of Advocates But we hasten to add that the ported corruption cases involve multi- agendas. The people vote in leaders and therefore are not allowed to practise, Arresting brewers and drinkers of choices before them and the KACC in every election who promise to fight and those who are active (certified to prac- billion shillings worth of transactions tise for the year 2010). You can search an illicit brews is difficult because Advisory Board are not whether, but in nearly every sector of society, with corruption. every time the police plan a raid, advocate by name to find out his status. how to change course in the resolve, favours expected in kind and in cash. However, after elections, such The consequences of using the serv- the brewers are forewarned. form and tactics of dealing with this Secondly, with respect to the new leaders protect the corrupt and share This can only mean that some ices of a lawyer without a practising cer- cancer. KACC appointees, it now matters in the proceeds of graft. It matters not tificate can be dire. police officers are working with In their new roles, their conscience little who contributed to their ap- whether we have a single or multipar- Take the example of Cecilia Kerubo these brewers. It seems that more must guide them on the right course pointments — whether friends, foes, ty government, or the current Grand Kenyoru. She filed a suit against her em- dens are coming up as more peo- of action to lead KACC into making appointing authority, or persons of Coalition Government. ployer, Brooke Bond (K) Limited, seeking ple are turning to the drink they an enduring and positive difference. influence. What matters is that they But the big question mark here is: to be paid damages for injuries she sus- can afford and is readily avail- How can KACC renaviage its course display firm resolve to discharge their Will they engage in a public educa- tained while working for the company. able. in confronting corruption so as to en- responsibilities transparently, without tion programme to sensitise the pub- Unknown to her, the lawyer who filed Apart from arresting these gender public confidence? favour or fear, and in a just and fair lic through the media, schools and the suit for her had no practising certificate brewers and drinkers, what more Firstly, it can no longer be just manner. churches among other communication at the time. can the government do? Brooke Bond sought to have the suit ‘business as usual’ at the anti-graft KACC must never be used as a channels, on the ills of the vice? struck out for being incompetent. body, because Kenyans have be- tool of intimidation to serve vested The ball now rests in the court of Senior resident magistrate in Kericho, * * * come so sceptical of efforts by the interests, or to share in the proceed of Mr Lumumba and team on this is a however, though agreeing that it was “im- Government to fight corruption, that matter of compelling public interest. It is sad that the mainstream al- corruption. Thus, any malicious pros- proper” for her lawyer to practise without a personnel changes in the implement- ecutions amount to persecutions that Concerned Kenyan, coholic brands are too expen- certificate, said striking out the suit “would ing agencies are seen as hoodwinking and are themselves a form of corrup- Nairobi. be to punish an innocent party who had un- sive for the poor Kenyans to af- knowingly instructed the advocate without ford and they are forced to drink knowing his capacity of practise.” deadly illegal brews. The magistrate, therefore, dismissed It’s sad that the government is the application to strike out the suit. not considering the consequenc- Brooke Bond appealed, and Justice Luka es of beer price increment. Illicit Kimaru agreed the magistrate had erred in brews are cheap and are addic- dismissing the application when the facts tive. of the case called for striking out of the In the case of Kiambu, men suit. Peter Mwaura, aged between 20 to 50, at the Via e-mail. prime of their lives, were the ones who died.

* * * The reports of the six people who have died after taking illicit brews in Kibera shows that these killer drinks are more widespread * in our society than thought ear- The editor welcomes letters and lier. comments on a variety of issues. It is sad that it is mostly the The letters should be brief, youth who drink these brews. We topical and issue based. are losing the future leaders of The editor reserves the right to this country to drink. edit for brevity or clarity. Research needs to be con- ducted to find out exactly how Write to: beg this industry is and why it is The Editor, thriving. The Link, Concerned Kenyans, P.O. Box 7438 – 00200, Nairobi. Via e-mail. E-mail: [email protected] 12 The Link, August 2010 EDUCATION

By JOSEPH MUKUBWA Plans needed TWO secondary schools in Kieni Kieni, Garissa schools in West district will soon visit Gar- to improve issa District as part of an ongoing peace exchange programme tar- education geting learning institutions. peace exchange mission Area DC Mohammed Abdi said in Eastern that two other secondary schools from Garissa District will also Kieni West schools to visit Garissa district in peace reconciliation programme province visit Kieni West district to enable students interact freely and appre- By FIDELIS KABUNYI ciate their diverse cultural values. The DC who spoke in Mweiga EDUCATION stakeholders in East- PCEA hall when he met over 350 ern province have been challenged to Kikuyu elders from the District come up with modalities to improve during the launch of peace and in- poor performance in Kenya Certifi- tegration committee, said plans are cate of Secondary Education (KCSE) underway to ensure students get an Examination. opportunity to sample each others A director for human capital de- culture. velopment in the Ministry of Northern “The selected secondary Kenya, Dr David Siele, says that the schools will visit each other during marked decline in last year’s nation- the programme and students will al examinations was a pointer in the learn from each other. We want the wrong direction. youth to learn to appreciate diver- He says the province was ranked sity and shun stereotypes that have poorly because only 56 students man- permeated the social fabric,” said aged to score A plain out of the 60,000 Abdi. candidates who sat for the examina- The visit will also involve tion compared to the large number of Kieni elders who are set to visit students who scored a similar mark in other Districts in North Eastern Alliance Boys High School and Stare- Province among other areas across he Boys Centre. the country. “The two schools are National but The committee was launched the students are not. What is happen- after President Mwai Kibaki ini- ing since schools in Eastern province tiated a similar committee a few use to do better than the National months ago at the Bomas of Ken- schools,” he questions. ya. The director who spoke during The launching has now gone the provincial education day called on to district level before heading to education stakeholders in the province divisional, locational and sub-lo- to go back to the drawing board and cational levels. Central Provincial Peace Forum chairman Rev Joseph Macharia (right) with Kieni West DC Mohamed Abdi at Mweiga PCEA church hall recently. Photo/Joseph Mukubwa set targets for the province to ensure “If we don’t live together as that students get quality education. brothers and sisters, we shall all Forum chairman Rev Joseph Ma- General Elections where hundreds onciliation and integration will He says quality education and perish together as fools,” he good grades will help prepare students told the elders from Gatarakwa, charia said the visits will help the died during the post election vio- also tackle the issues around land, two communities to address any lence. youth, illicit brews, child labour, to be competitive in a cross section of Mugunda, Mwiyogo, Rabura, En- tasks beyond the academic realms. darasha and Mweiga locations. possible causes of conflict to avert The elders who are expected poverty and low education levels flare-ups witnessed during the last to promote peace, cohesion, rec- among others. Eastern provincial Director of The Central Provincial Peace Education Mr Boniface Gitau attrib- uted the poor performance to private schools which he said had continued to post poor results. Failure to release funds threatens Western schools He assured that appropriate meas- ures have been put in place to ensure By AGGREY BUCHUNJU has disrupted the smooth running of students who allegedly owe the school For the last two years the Govern- better performance in the examination the schools and put principals in jeop- over Kshs. 3 million in fee arrears. ment has been paying a total of Kshs. across the province. OPERATION in most secondary ardy. According to the school’s principal 10,265 for each student in public sec- Mr Gitau also attributed poor schools in Western province may soon The principal of Chubuyusi High Mr. Peter Nyambane, part of the FSE ondary schools which has gone into come to a stand-still. School in Kakamega Central District funds is used to pay the salaries of six buying text books and building ad- results to shortage of teachers, child This follows Government’s failure Mr. Boniface Okoth says that the de- BOG employed teachers and some of ditional facilities to cater for the ever labour and shortage of administrative to disburse the subsidized secondary lay in releasing the FSE funds for the the 46 non-teaching staff. increasing number of students. and quality assurance and standard of- ficers. education funds to schools during the institution’s 617 students may compel The vote head is as follows:- second term. him to curtail some of the activities. The enrolment rates in Free pri- l Salaries ------Kshs. 3,965 mary education in the province has According to the newly appointed Mr. Okoth claims that the school is l owed Kshs. 3.5 million in accumulated Tuition ------Kshs. 3, 600 gone up from 1,149,902 in the year director for secondary education Rob- l ert Masese, non-disbursement of the fee arrears over the last three years, a Activity ------Kshs. 600 2002 to 1,485,619. funds was occasioned by a technical factor that he adds has made the school l Administration ------Kshs. 500 In the secondary sub- sector, the hitch. not to fulfill some of its obligations. l Water and electricity ------Kshs. 500 enrolment stands at 297,755 currently Masese was however, non-com- Non-disbursement of the FSE l Maintenance ------Kshs. 400 following the opening of more day mittal about when the funds will be funds, Mr. Okoth, says has worsened l Local travel and transport ------Kshs. 400 secondary schools and provision of disbursed to schools, a factor that is the situation since part of the money is l Medical. ------Kshs. 300 free secondary education. causing anxiety among the principals, used to pay salaries for Board of Gov- The Eastern provincial Commis- students and parents. ernors (BOG) employed teachers and Total per student Kshs. 10,265 sioner Claire Omolo, directed admin- Most principals in Western Prov- non-teaching staff. istrators at District level to ensure that ince rely on FSE funds to run the daily The school has according to the Prompt disbursement of FSE The delay in releasing the funds pupils were retained in schools. activities since the rate of fee payment principal, four BOG employed teach- Mrs Omollo said the government in the region appears to be very poor. ers and 22 non-teaching staff. has in the past given most schools a has seriously hurt the schools in terms facelift and enhanced academic per- of academic performance and physi- had introduced mobile schools in Up- However, the delays in the dis- Bungoma High School, in per Eastern to ensure that children in bursement of the FSE funds to schools Bungoma south District has over 1100 formance. cal infrastructure. the region access education as parents migrate from one region to another in search of water and pasture for live- Pupil pregnancy in Nyanza worries education official stock. She said already the region has 11 By BOB OMBATI trict and schools along the shores of AIDS. claim its lost glory nationally. mobile schools with an enrolment of Lake Victoria as the most affected by The official told over 4000 head The official accused some teach- 459 pupils with 6 non formal educa- NYANZA province Kenya Primary the trend, which not only shattered edu- teachers of Primary attending a meet- ers of laxity which he noted resulted tion centres in Marsabit South district. School Heads Association (KEP- cation prospects for the girl child but ing at Nyanchwa Teachers Training in poor implementation of the cur- The administrator also advised SHA) chairman, Shem Ndolo has also contributed to the dismal perform- College that the association was cur- riculum and affected the overall per- expressed dismay over the rising ances in national examinations. rently spearheading a campaign to save formance of the province. students and pupils to uphold disci- number of teenage pregnancies and He points out that fishermen lure, the girls from the prowling fishermen. “Nyanza province used to lead in pline, dignity and good reputation early marriages in some pockets of impregnate and abandon school girls He at the same time asked teachers national examinations. But it is now by desisting from engaging in vices the province. mainly from poor backgrounds and in to uphold high ethical standards and trailing others. Where did the rain that may deter their performance and The official singles out Kuria Dis- some cases infected them with HIV/ work harder to enable the province re- start beating us? Posed Ndolo achievements in education. The Link, August 2010 EDUCATION 13 Murang’a schools By JOEL JUMA Report blames poor education suffer due to A STUDY commissioned by the Kenya National Examinations Coun- delayed funds cil (KNEC) to look into poor per- formance in Primary Schools in the performance to absenteeism By MORRIS GITHENYA country has been made public. According to the study absentee- DELAYS in the disbursement of ism by both teachers and pupils con- funds earmarked for the Subsidized tinue to afflict most of schools, with Secondary School education pro- Coast Province registering the high- gramme has crippled the implemen- tation of development projects in est mark at 78.8 percent. most schools in Murang’a District. The trend in Eastern Province is Secondary schools in the area are not better either as cases of absentee- faced with huge deficits and were ism stand at 74.1 per cent. Nairobi currently relying on funds meant to has 72.8 per cent followed by West- support development projects initiat- ern with 72.6 per cent. ed through the Parents Teachers As- The study indicates that the sociations with the hope of refunding number of pupils missing school in the cash later once the government North Eastern stands at 40.9 per cent releases the allocations.Day schools while Central province recorded 58.5 are the hardest hit and have been left per cent. at the mercy of suppliers to imple- The study done by the Council’s ment major projects. National Assessment Centre focused Investigations by The Link es- on class three pupils and notes that tablished that many of the major 70.1 per cent of the pupils inter- projects have stalled as funds go to viewed reported to have occasionally supporting tuition and other major been absent from the school during academic programmes. the First Term Last year, the area District Edu- A senior Deputy Secretary at cation Board approved some of the KNEC Francis Kyalo and the West- projects that were to be supported by parents but many of these projects ern Provincial Director Education have paled to oblivion as allocations Kenneth Misoi say the most common have been diverted to other urgent reason given for absenteeism was needs. sicknesses. A number of Secondary school The two say 88.8 percent gave principals interviewed by The Link sickness as the reason of being ab- Absenteeism by both teachers and pupils in schools results to poor performance. Photo/File expressed their dismay over the lack sent. Work at home recorded 27.7 per of funds in schools saying most pro- cent while lack of fees posted 16.5 a stakeholders meeting held at the Josephat Otiende. classes. Odongo explains that the grammes have been disrupted by the per cent. Western Provincial Education Office Odongo said the number of ab- province required 15,000 teachers to delay. The two officials note that absen- Boardroom. senteeism was high because of teach- offset the deficit. Morgan Nyoro, the Principal of teeism contributes to poor results in The meeting was also addressed er shortage. But Misoi discounted the figure, Kangema Boys secondary school the national examinations and told by the Kenya National Union of “Teachers are forced to focus on insisting that the shortage of teachers who is the coordinator of Murang’a parents to ensure that the vice is Teachers (Knut) Western Provincial the upper primary in readiness for the stood at 8, 000. He said 5, 000 were region secondary school heads as- phased out. Council Secretary Godfrey Odon- national examinations because they required in primary schools while an- sociation says that failure to remit The officers were speaking dur- go and the Kenya Primary School were few,” said Odongo adding that other 3, 000 are needed in secondary the funds to schools have negative- ing the deliberation of the report at heads Association branch Chairman the trend demoralises pupils in lower schools. ly impacted on operations in most institutions.“The government should come up with a viable way of sus- taining the programme to help in the management process,” said Nyoro. He said that the burden is now Kilifi leaders appeal for more teachers being shifted to parents who have to pay extra money to support the edu- cation of their children. By BEKADZO TONDO blame for the poor performance reg- shortage of classrooms, libraries, lab- ing said negative attitude by leaders, istered in national examinations by oratories and desks also contributed to parents and students towards educa- LEADERS in Kilifi want the govern- schools in the area and urged the gov- the poor performance in the national tion was also to blame for the poor ment to employ about 1,000 teachers ernment to employ more teachers to examinations. performance in schools. Teenage to help address teacher shortages in address the problem. Keis said students in most school The area MP however urged lead- the area. The officer who is also the District were learning under trees, while oth- ers to look for proper ways of getting pregnancies in The District Education Officer Mr Education Board secretary was giv- ers sit on the floor or on stones due to funds to address problems facing Dickson Ole Keis said the district was ing an official report on the perform- lack of enough classrooms and desks many schools in the area. facing a shortage of about 850 teach- ance of schools in the past three years and appealed to non governmental He said CDF monies being al- Kilifi worrying ers with the deficit at the Primary during a stakeholders meeting held at organizations to come to their aid and located to the constituency in every By BEKADZO TONDO School level poised at 662 teachers Pwani university where area MP Ben- enable them provide a better learning financial year could not address the while the secondary schools need 185 edict Fond Gunda attended. environment many problems facing schools and THE government has attributed early more teachers. Mr Keis further said that lack of Kilifi District Commissioner Mr therefore the need to look for alterna- pregnancies among primary school go- Keis said the shortage was to proper physical facilities such as the Katee Mwanza who chaired the meet- tive ways. ing girls to the low transition rates cur- rently being witnessed in Kilifi District. Kilifi District Education Officer Mr Dickson Ole Keis notes that the number of girls getting pregnant in pri- mary schools was alarming. Kibunja wants quarter system abolished Keis says the pregnancies also af- fected their performance in national ex- By JOEL JUMA ment of teachers,” he adds. promote national cohesion in em- pet) has been calling for the scrap- aminations and thus the need to accord He further says admitting can- ployment and admissions in edu- ping of the quarter system saying the problem the necessary attention. didates based on the quarter sys- cational and training institutions. many students miss chances in The education officer spoke at NATIONAL Cohesion and In- tem does not promote national in- The current policy requires that other schools despite qualifying. Pwani University during a stakeholders tegration Commission (NCIC) tegration and should be scrapped districts admit 85 per cent of lo- Kuppet acting secretary gen- meeting to explore ways through which wants the Ministry of Education to in future. cal students with their colleagues eral Akello Misori and treasurer performance in national examinations phase out the quarter system while “We are making recommenda- from other regions benefitting Njenga Mwethi says the union is can be improved. admitting students in secondary tions to various ministries to re- from a paltry 15 percent. still pushing to have the mode of Principals of secondary schools schools. view polices that undermine the The chairman was speaking at admission revised. who attended the forum underscored Commission’s Chairman Mzal- spirit of national integration,” adds a Kisumu hotel during a workshop Kibunja said the proposed con- the need to phase out mixed schools, endo Kibunja also says employ- Kibunja. for journalists drawn from various stitution if passed during the ref- which they say resulted in high preg- ment of teachers by School Board He says it was not fair for the media houses. erendum will crack the whip on nancies among school girls. of Governors should also be done schools to be localised as the sys- Lawyer Richard Onsongo and local authorities that promote eth- The principals led by Mr Rap- away with to promote national tem forced them to admit students Mzalendo led the training pro- nicity during employment. hael Diwani of Lutsangani Secondary unity. from their districts. gramme that was organised by the He noted that local authorities school said stakeholders should con- “Most of these BoGs are con- sider separating female students from Kibunja reveals that the com- Western Kenya Journalist Forum. would be required to hire staff their male counterparts by supporting stituted based on their ethnic lines mission has sent out circulars to The Kenya Union of Post Pri- from various parts of the country creation of same sex schools. and cannot be trusted on employ- various ministries urging them to mary Education of Teachers (Kup- to promote unity among Kenyans

The Link, August 2010 SUPPLEMENT 15

PARTNERSHIP FOR PEACE A monthly supplement funded by European Union and Konrad Adenauer Stiftung Project embarks on leaders meetings

ELCOME MANAGER’S COLUMN them. This is a suc- or heinous, we would have peace- cultures that can co-exist peaceful- to the cess story that am ful co-existence. Additionally in dif- ly. The constitution making process s e a s o n compelled to share ferent forums, the opinion leaders will come to an end and it should Wof divi- with fellow Ken- took turns to explain the need for not leave us a divided house. It has sional community yans. What is their staying clear of divisive politics. taken blood and sweat to get to By leaders meetings secret? They supported the need to get where we are and it is not worth- in our project Cal- JANE They started facts right instead of listening to while letting all these achievements endar. This is a one MURUTU by allowing their rumours and misinformation. be washed down the drain because day meeting with neighbors’ to buy The leaders emphasized the we have a difference of opinion! a minimum of 60 land from ``will- need to share communal activities Give no room for post referendum participants in dis- ing seller``. Soon such as celebrating cultural days, outcome to divide us further. tricts with a history there was no land cleaning day for the community, Finally the project team’s sin- of ethnic tensions and violence. that was typical of people from planting trees, encouraging inter- cere condolences goes to the fam- This activity is held in very remote one community alone. They also marriages, giving opportunity to ily, friends, relatives, the residents areas of the three provinces we allowed their neighbors’ children the youth and women in any public of Kapomboi location and the pro- are working in namely Rift Valley, to attend schools built by them baraza`s to voice their concerns. vincial administration following the Nyanza and Western. The target and even built a boarding school I wish to implore more women demise of Chief Stephen Rugut who audiences are opinion leaders and where they allowed their neigh- and youths to attend future peace fell from his chair unconscious, in the medium of communication is a bors’ children pay little boarding meetings since their representation one of our divisional community mixture of vernacular and Kiswa- fee or none at all depending on the has not been proportional to that of leaders meeting held on 13th of hili with minimal English. pupils background. the middle aged and elderly men. July, 2010, at Kolongolo polytech- People in these areas know The lesson learnt is that if our We all have both individual and nic, he was rushed to Cherangany their alleged fears and as a result neighbors’ have limited schools or collective responsibility of ensuring nursing home where the doctors have developed home grown solu- any form of infrastructure we can that our communities are peaceful pronounced him dead. He was a tions to the conflicts experienced. generously share with them as we with each other. The youths have true epitome of reconciliation and One such area, where people have encourage connector projects like even a greater stake in what hap- a member of our ever increasing actualized their ideas, is Kolongolo roads, water and schools. pens now for it shapes the very fu- peace force at the grass roots. in Kitale. For more than a dec- Similarly respecting each other’s ture they are hopeful about. They ade ago, according to one of the culture and traditions was cited therefore must actively engage. The writer is the co-manag- leaders we met, peace has been both in Chwele and Rongai. If com- Ultimately, let us remain vigilant er for partnership for peace elusive but since 2007 they have munities would learn to respect against divisive activities and hate project. In case of any com- not heard the sound of a gun- each other and not to demonize speech. We are all one big coun- ments or suggestions write to: shot which was hitherto music to each other’s practices as primitive try beautifully blessed with several [email protected]

New districts cause tension in Western INSIDE THIS ISSUE: Ethnicity in the Rift ministrative boundaries. BY AGGREY BUCHUNJU ployment opportunities and admission to They disclosed that due to the declara- public training institutions because their Valley tions motivated by selfish political gains, identity is not distinct in terms of gazetted ONFLICT among different com- some areas today vote for political leaders — 16 munities in Western Province is jurisdiction units’’, says Mr. Stephen Ojune. in Teso District and report to provincial ad- Besides missing out on job opportuni- now being blamed on the crea- ministrators in Bungoma and Busia Districts. tion of additional administrative ties, Mr. Ojune, continues to allege that the C The community leaders point out that youths in the affected areas are also denied units based on political interests. Reduce inequalities Changara Sub-location in Teso North District bursary and other government devolved re- Teso community leaders aver that and some parts of Busia town in Teso South both visible and invisible violence sources due to their partial residence. to avoid conflicts District are politically in Amagoro constitu- The scenario, Mr. Ojune, adds that causes against their neighbours and vice-versa ency but when it comes to provincial ad- is a creation of leaders who announce dissatisfaction among the affected youths, a — 17 ministration they are in Bungoma and Busia situation he observes that if not urgently ad- new administrative units without Districts respectively. enough consultation. dressed may lead to violence in the area. Due to the confusion in terms of politi- He blames the mess on politicians from The leaders observe that mistrust cal and administrative boundaries the com- Let’s keep spirit of and tension among the border com- the area, who he accuses of being insensi- munity leaders, allege that residents of the tive to the plight of the Teso people. munities is largely born out of lack of concerned areas normally miss out on re- peace alive enough consultations with the parties cruitment in the armed forces. concerned before announcing new ad- — 18 “The youth from these areas miss em- Turn to Page 18

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, August 2010 SUPPLEMENT

Ethnicity in the Rift Valley

understand changes in policies and the BY JONATHAN ROTINO channels to be followed to air our griev- ances. The culture of intolerance should be ‘ETHNICITY’ can be defined as ‘a sense of eradicated so that the people can compre- collective identity in which people perceive hend the need for unity in diversity. Each themselves as sharing a common histori- ethnic group has the right to exist and cal past and a variety of social norms and should be treated equally with all customs. Ordinarily people talk about trib- others. No ethnic group should be al- alism in reference to ethnic hatred and lowed to feel superior to the others. Secu- bias. It is also worthwhile to note that in rity of life and property should be guaran- as much as ethnicity may be condemned teed for all individuals. as a vice among the ordinary citizens; it There should also be equal opportuni- obtains prominently as a virtue among the ties for citizens, with respect to sharing the elite who maximizes on it to their advan- country’s natural and political resources. tage. This can be achieved by adopting a demo- Rift valley is one of the most cosmo- cratic style of government that accommo- politan provinces in Kenya. This can be at- dates everybody, and by expanding the tributed primarily to the fact that it hosts country’s economic base to meet the as- more than ten ethnic communities. Not- pirations of the various social groups. This withstanding this, the Kalenjins and Maa- would in turn create harmony through the sai’s are the predominant ethnic groups. recognition of the legitimacy of diversity Before the ushering in of Multi-party and cultivation of the spirit of tolerance. politics in Kenya Rift Valley used to en- Only social justice and equality can bring joy peace. There has been an upsurge in about a just peace. cases of conflict and violence in Rift Valley Reconciliatory efforts should be em- since the re-introduction of political plu- phasized to stem out the wholesale con- ralism in 1991. Such violence has caused demnation of specific ethnic groups. There Chaos errupted during 2007 general election. Photo/File deaths, destruction of property, disloca- is an urgent need to build institutional ca- tion of populations and has added law- pacity for conflict resolution through indig- form of restitution in aid of victims. There laws with impunity. lessness to a state of insecurity. enous approaches. This will ensure that is no way peace will be realized when To conclude let me echo the words of Human Rights Watch 1993 observes conflicts are settled at the nascent stages some internally displaced people are still Martin Luther King Jr ‘Lets live together that the new democratic openings on before they engulf the whole community. living in camps, they should be resettled as brothers or perish together as fools’. the governance front generated a vicious The various warring communities in the and assisted to pick up their lives. It’s very Kenya is for each and every one of us no struggle for political power, capital accu- Rift Valley should nominate individuals to unfortunate that three years down the line matter our ethic background, in fact our mulation and unforeseen cutthroat rivalry a committee whose role will be to spear- victims of the violence are yet to realize diversity should be the strength to bring for domination and control of strategic head peace programmes in the province. justice. us together. We are going to make it, the resources across the nation. But this is The individuals must be esteemed mem- Measures should be put in place future is very bright. Eleanor Roosevelt a pseudo problem, the focal problem is bers of the society who people can listen through formulation of policies to curb once said, ‘The future belongs to only LAND. Land is a very poignant issue and to. incitement by politicians. Anyone found those who believe in the beauty of their touches at the core of the people’s lives. After the 2007 post election violence engaging in any form of incitement should dreams’. Moreover, this is soared by the rhetoric people who lost their loved ones and prop- be punished accordingly. The laws formu- of the politicians who go around inciting erty are still bitter hence the state should lated should be adhered to because there The writer is a Student at United States people from their ethnic communities by make provision for compensation or some have been cases whereby people flout International University (USIU-Kenya) claiming that ‘foreigners’ came to take their land from them. The 2007 post election violence where more than 1,000 people lost their lives and property worth millions of shillings lost is a case in time of what incitements by politi- Let’s all choose the path of peace cians can do. The following are some of the ways ethnicity can be tackled. BY RUTH N. WAWERU willing to resolve this? Do I honestly Forgive. Allow me to suggest this, The underlying causes of violence in believe it’s possible?” If your answer is no matter the situation. Many think Rift Valley should be identified and ad- a ‘yes’, then that’s a good start with a that forgiving is allowing the offender dressed in an honest manner, instead of EOPLE vary in their description of what peace is and when and promising ending. to walk free, but it is not. When you merely focusing on the symptoms. The If you choose to be optimistic, lis- forgive, you are doing yourself a big Land policy recently formulated should be how one can say they indeed have it. When a situation occurs, ten, not selectively, but attentively and favor, than you are to your offender. If implemented as a matter of urgency. With P emphatically. Try to understand, then you do not forgive, then your offender we immediately make good guesses of the increase in the population, conflicts to be understood. I do not mean you has power over you, which you have are bound to occur. Big tracts of land ly- what the consequences will be. This is ing idle and owned by tycoons should be greatly influenced by what happens, should allow people to negatively influ- allowed him to have. This is the bitter repossessed and redistributed to the land- when, where, how and with whom. ence you with their words; manipulate truth. The truth has never been sweet. less. Accomplishing peace is no ‘piece of or coax you, with their ‘version of the Consider, what an American first lady There is an urgent need for civic edu- cake’, especially when the situations at story.’ I mean, look at both sides of the once said, ‘no one sits on your back un- cation, to encourage the people to re- hand can be graded as ‘furnace-levels’. coin. After doing so, look for a solution less you bend.’ I don’t mean the wrong- spect the civil liberties of individuals and Even so, a way always unveils itself and that will serve both sides satisfactorily. doer, should not face the consequences the need for co- existence. They should answers sought after satisfied; only if However, let it be clear that no side can of his/her actions. I mean, ensure that be encouraged to follow the rule of law the parties involved are willing. This is be satisfied 100% at the expense of whatever it is that happened, does not whenever they feel aggrieved. The Gov- an obvious fact, so simple though fre- the other. The opposing side will view dominate your thought life, and pos- ernment, churches and other non-govern- quently dismissed or taken for granted. this as selfish and unfair, and continu- sibly, make your character take a turn mental organizations should spearhead Whenever you are faced with a ally press the situation; thus brewing this education, so that the people can conflict situation, ask yourself: “Am I conflict. 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, August 2010 SUPPLEMENT 17

Let’s all Reduce inequalities to choose the avoid conflicts path of By DAVID S. KISANGI peace

HE recurrent conflicts in Kenya have From Page 16 remained a critical concern in the minds of policy makers and political for the worst. You know what they say, Tthinkers today. our thoughts become our words, and Are such conflicts triggered by greed or then our words become our actions! grievance? Are such conflicts a manifesta- Therefore, if you love yourself, please tion of the invisible effects of structural ine- I plead, let it go. Your life is too impor- qualities in Kenya today? Are these conflicts tant and precious, to be engulfed with triggered by the greed of the political elite to nasty memories. You deserve your own maintain their status as the owners of both peace of mind, joy, and health; but this capital and the means to the capital? Such cannot co-exist within a body, that has are the concerns of this article. anger and grudges, thriving within it. Despite decades of latent conflict in Sometimes, not all that counts, can Kenya, the invisible effects of structural in- equalities have manifested in the recurrent be counted for. Not all that is essential conflicts evident after the repealing of Sec- and important to your life, is perceived tion 2A of the old Constitution in 1991. The that way by the world. Do not allow in- entry of multi party politics in Kenya saw fluence to blind you, to an extent of de- ethnic identities aligning into political parties nying oneself the enjoyment in basking with no ideological bases. This has resulted in the bright sun. to ethnic indifferences engulfed in the “our Human beings have a weak im- people” syndrome with a preconceived no- perfect able flesh that co-exists with tion that once in the State House, the Head their perfectible souls, yet many have of State is seen as advancing and protect- overcome weakness and lived past the ing his/her ethnic interests. PM Raila Odinga (r) President Mwai Kibaki (c) and Koffi Annan during the negatives of life. Peace and conflict in- Kenya’s leadership quest for the control reconciliation after the post election violence in 2007. Photo/File evitably co-exist because we know that of resources, both portable and non-porta- economic development in Kenya is largely are based on the state’s lack of accountabil- one moment we are at peace and the ble has been seen as a factor contributing owned by the elite. Though portable re- ity and transparency, absence of rule of law next, at the blink of conflict. Just as we to the fuelling of conflicts. Such a case is sources such as oil and minerals are seen and increased corruption. Such grievances can overcome, despite our weakness, the 2007 post-poll conflict which is largely as a factor in major conflicts as explained raised tensions and violence. so can peace be achieved even in the blamed on such structural factors as ex- by Paul Collier in his Resource Greed Thesis, With the continued appeal for reforms presence of conflict-for peace is not the plained by Johan Galtung in his Conflict Tri- rentier economies depend on land as a ma- both from domestic and international cir- absence of conflict. angle analysis. jor resource and hence greed for such as is cles, the state needs to enhance conflict Leaving things as they are, or Structural inequalities linked to the un- the case in Kenya. transformation-a process which calls for co- sweeping things under the carpet, be- equal sharing of resources in Kenya contrib- Further, the continued marginalization of operation in resolving structural inequalities uted to indifferences between the political the poor has seen the rise of opposition to since such inequalities trigger direct conflict. cause we don’t know whether they can factions which led to the visible effects of the state. Such economic inequalities have Kenya, once referred to as ‘the beacon be solved or not, is a mistake. conflict such as killings, human displace- led to genuine grievances aired by non-state of peace’ in Africa is on the verge of politi- ment and destruction of property. actors such as pressure groups, interest cal disintegration if continued structural in- The writer is a student at United States Land which is a central resource in groups and unlawful sects. Such grievances equalities are not ironed out. International University (USIU-Kenya) BY A CORRESPONDENT Post conflict reconciliation in Kenya HE parallels between Rwandan Gen- ocide and the post-election violence despair among citizens. These feelings al- which the marginalized will still feel so and cluded from society will peace truly descend that gripped Kenya in early 2008 are most certainly lead to conflict” the possibility of violence present. on Kenya. Trather disturbing. Whilst the violence in January 2008 was Inasmuch as the peace process achieved After all the community based initiatives Inequality, a lack of tolerance etc., were targeted specifically at certain ethnic groups, an immediate cessation of hostilities, its suc- at ground level have left if the often over- all contributing factors to the volatile political it may be argued that this is not as a result cess in addressing the long term issues of looked conditions of structural violence still climate that allowed ethnic based violence to of deep seeded historical conflicts between disagreement, referred to as Agenda four exist conflict, not necessarily of an ethnic erupt following the disputed elections. these groups, but the manifestation of eco- will most likely determine whether the next nature may still arise. It therefore follows that it is crucial to ad- nomic inequities and state failure to address election will be peaceful. All the well-meaning reforms of the po- dress these manifestations of structural vio- these. Ethnic groups feel marginalized in so- Therefore, when one speaks of recon- lice and the structures of power mean little if lence in order to bring about peace in Kenya. ciety, most directly through what they expe- ciliation, until these structural issues are ad- the gap between the rich and poor continues These conditions allow for the so called rience on a daily basis, poverty. dressed the potential for violence will always to grow and communities still feel marginal- ‘politicization’ of ethnicity, the use of it as a In addition to addressing issues of a new exist. ized. The best laws cannot change that. As rallying tool, a scapegoat for the economic constitutional dispensation, judicial reforms Following the post-election violence this the report to Koffi Annan warns “One pos- woes of the people and a route to power. and the like, all of which speak to structural is crucial. As UNESCO’s Director-General, sibility is ‘class-based’ conflict, which could Indeed, the report presented to chief violence it is key that this is accompanied by Federico Mayor, points out, ‘countries in culminate in uncontrollable and far-reaching mediator Koffi Annan on the progress made a concerted attempt at the grassroots to en- post-war situations frequently continue to violence” towards reforms notes, “Failure to address gage victims of structural violence. Judicial be characterized by political instability, in- The elite were not the participants in the poverty and inequalities effectively cultivates reforms may be slow and their effects not security and everyday violence.’ Only when protests nor the participants or victims of the feelings of exclusion, marginalization and felt for a considerable period of time during the poor no longer feel marginalized and ex- violence. They saw no need to do so.

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, August 2010 SUPPLEMENT PARTNERSHIP FOR PEACE New districts cause tension in Western From Page 15 and peace building. Speaking at the same meeting, the Part- ‘We are not second class citizens of this nership for Peace Project’s Western Prov- country. The truth is that we are in this hor- ince coordinator Mr. Chem. Ngeywo, urged rible situation due to lack of decisive lead- the participants to be good ambassador of ers on important issues that affect us”, Mr. peace in the area. Ojune adds. Mr. Ngeywo while outlining the project He challenged the area political leaders overview to the participants asked them to perceive peace as a requisite tool for de- to always employ diplomacy and dialogue velopment and strive to address and articu- in conflict resolution instead of resorting to late issues which may spark off violence in violence. He thanked the participants who the area. “Time has come for our political were drawn from the provincial administra- leaders to create conducive atmosphere for tion, opinion leaders and civil society organi- the youth and unite the community with zations for their frank discussion during the neighbours”, he says. one day meeting. The leaders were speaking recently at The partnership for peace project, which the District Information and Documenta- facilitated the meeting is co-funded by the tion Centre (DIDC) hall at Amagoro, in Teso European Union (EU) and Konred Adenaner North District during a divisional community Stifting (KAS) and aims at sensitizing com- leaders meeting on conflict transformation munity leaders on the importance of peace.

Mr. Andrew Ligale, chairman of the Boundary Commission, consults with his deputy in one of the meetings held in Western Kenya. Photo/File Let’s keep spirit of peace alive By JOSEPH OWUONDO mental in disseminating the peace informa- tion throughout the country. Various peace FFORTS by majority of Kenyans and and development partners have recognized their development partners towards the wealth of information The Link is pro- peacebuilding and peaceful coexist- viding to the community. This national in- ence continue to bear fruits. Basi- formation tool is being used by KAS and E local partners to further promote peace in cally I would like to spot out local initiatives that have been emerging in Nyanza Prov- the country ince, especially in Kisumu and its environs. Finally, we must keep the spirit of peace Provincial Administration through their alive. With each individual’s effort towards Districts, Divisions, locations and sub loca- sustainable peace, our country can be tions is traversing its areas of jurisdiction one again. Our people can live peacefully and even borders with peace message. and harmoniously if each one of us will do Kisumu East District, Peace Committee has something about peace. conducted a number of peace forums. This The writer works with CIAG-Kenya Mr. Andrew Ligale, chairman of the Boundary Commission, consults with his twin occasion was graced by the Nyanza deputy in one of the meetings held in Western Kenya. Photo/File PC, who also acknowledged the contribu- tions of local people to development and community service. The PC and his team congratulated the District Peace Commit- CONTACT ADDRESSES: tee for the work they have been doing on peace and development EU-KAS Project Office in Kisumu, Varsity Apartments 3rd Floor, Development Partners are doing laud- P.O. Box 668, 40100 Kisumu, able exertion for peace in the region. Telephone. +254 732 846 215 Members of the Kisumu District Peace +254 711 358 013 Committee are trained on peacemaking e-mail: [email protected] and reconciliation processes. They have expertise courtesy of Partnership for Peace Project co-funded by the European Union PARTNERS and implemented by Konrad Adenauer Stif- Mt. Elgon Residents Association (MERA) Community Initiative Action-Group (CIAG-K) Catholic Justice and Peace Commission (CJPC) tung (KAS) and local partners. Chem Ngeywo, Project Coordinator Mr. Chrispin Owalla, Project Coordinator Mr. James Kimisoi, Project Coordinator CIAG-Kenya which is the local partner Western Province Nyanza Province Rift Valley Province for the project in Nyanza, and which is also P.O Box 21-50201, Cheptais-Mt. Elgon Varsity Apartments 3rd Floor, The Catholic Diocese of Eldoret the representative of Civil Societies in the Mobile : 0720-744827; 0734-517489. P.O. Box 668, 40100 Kisumu. P.O. Box 842 -30100, Eldoret. Peace Committee, has managed to endow Email: [email protected] Tel: 0737-470558/0716-384135 Tel 2031272; 0722 448110 the committee members with relevant in- [email protected] or E-mail: [email protected] formation on peace work. [email protected] The Link, a monthly governance publi- cation, has not only informed the public on development issues but has been instru-

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, August 2010 20 GOVERNANCE Report decries Elderly EAC leaders must high youth persons in unemployment Murang’a get maintain unity this time By JOHN NYAMBUNE HIGH level of unemployment among the state fund By JOHN NYAMBUNE youth has undermines Kenya’s potential for development says new government By MORRIS GITHENYA THE East African Community has all report. advantages that will ensure its suc- The National Human Development A TOTAL of 750 elderly people in cess. Report 2009 titled says although the youth Murang’a have benefitted from a The integration process started in comprises 36 percent of the Kenya’s popu- disbursement of Kshs6.7 million earnest in the early 60s but challenges lation, most of them remain unemployed. through the social protection fund. of the time forced the process into a The report says although the youth The beneficiaries received break. have vast education, skills and good Kshs9 million each which had However, this time round, the im- health, a larger group is potentially at risk accumulated over the past six petus is right, with global and local of engaging in harmful and anti-social behavior, including unsafe sex, substance months at the district headquarters economic dynamics in favour of the in Murang’a town. abuse, delinquency and crime. convergence of markets. The consequences of these risks in- According to Murang’a Dis- The community also enjoys the clude: dropping out of school, unwanted trict Gender and Social Officer Ms added advantage of borrowing a leaf and early pregnancies, HIV/Aids, sexu- Mary Nyambura, the fund targets or two from the European Union ex- ally transmitted diseases, early marriages the elderly who are extremely poor periences of 1990s integration proc- and violence. The report also says that and vulnerable to improve their ess. university education that the youth acquire welfare. Analysts are of the view that it is has lost connection with the labour market Other beneficiaries from the East Africa Community leaders. (Left to right) President Yow- priorities to an extent that degrees awarded more crucial for region countries, with eri Museveni of Uganda, President Mwai Kibaki of Kenya, kitty include physically challenged far smaller economies than those of to graduands have no relevance to job op- and victims of chronic illness. President Paul Kagame of Rwanda and President Jakaya portunities in the market. the EU, to conduct economic relations Kikwete of Tanzania. Photo/File According to Caren Wakoli, although Mrs. Mwangi says that al- with the rest of the world as a single Kenya is said to be doing well as far as ed- ready, the department has replaced economic entity. larly on the monetary front. But two cies during the transition period. ucation, health and income are concerned, 15 of the beneficiaries who had They believe economic and mon- hurdles must be tackled first, starting To succeed, the Union targets for the biggest challenge for the youth is em- died after they benefitted from the etary integration of EAC will amplify with the implementation of successful fiscal deficits and public borrowing ployment and income. first tranche. the influence individual countries can monetary and fiscal policies. must be tight and sustainable. The Kenya is one of the countries with the The officer also ejected two of exert on the global scene. For starters, there needs harmo- markets must experience as sustain- highest unemployment rates and the youth the would-be beneficiaries after A momentary Union would beam nize bilateral exchange rates of the able units so as to withstand adverse are the most affected. “It’s an issue which it was discovered that they were out a powerful signal to the rest of the five partner states. The process would fiscal shocks, such as a recessions, or we must all try and address,” she says. Unveiling the report in July, the Na- pensionable world that East Africa is united with start by imposing bands within which cutback in donor aid. The officer said that the Gender tional Development and Vision 2030 a massive market of 126 million con- exchange rates would be constrained Analysts say the most critical mi- minister Wycliffe Oparanya said the youth office was also monitoring rela- sumers. This would signify that the re- before being progressively tightened cro-economic requirement is a gradu- unemployment estimated at 75 percent in tives and guardians who accompa- gion is ready to be an integral player in to ensure the rates of the Community al convergence of all EAC economies Kenya is a concern since it’s a precursor ny the beneficiaries to curb cases the global economy. It would also sig- Partner States are permanently fixed during transition to monetary union. to increasing poverty. The minister said the of neglect. nify readiness by individual member as a step towards replacement of na- The EAC Monetary Affairs Commit- youth population in Kenya is vital because In March this year, some of the states to put aside parochial national tional currencies with a single region- tee (MAC), which has a mandate of they account for about 60 per cent of the elders went into drinking sprees interests for the greater ideal. al unit. In this regard, there is need to making the monetary union function- total active labour force. after they collected Kshs6,000 as The convergence of interests will anchor the exchange rate on a major al, has a huge task ahead. Oparanya said the cause of unemploy- their four month subsidy. global currency or a basket of curren- ment is partly attributed to lack of appro- bring forth few challenges, particu- priate skills required in the labour industry. “In addition, it is also of great concern that a third of all HIV/Aids patients are young,” he said. According to the minister the im- plication of the issue if not checked may MPs show their greedy side again have a devastating impact on the future economic development of the country, es- pecially on the realization of Vision 2030. By BRIGHTON KAZUNGU more than what is currently availed. “Young people, today and in the future The truth is that the pay to MPs in will be the principle stakeholders and ben- THE recent move by our legislators to itself is hardly enough considering that eficiaries of the Vision 2030,” the minister award themselves huge salary incre- MP’s nature of job and Kenya’s own said adding that the issues affecting young ments only serves to edify the princi- enormous economic challenges, poor- people should be fully integrated and har- ple of greed that informs the entry into ly skewed distribution of economic re- monized into every aspect of public and public office. sources and the levels of poverty that across all ministries and government agen- That the Members of Parliament makes the job of an MP quite difficult. cies. (MPs) are willing to amass so much in The MPs income becomes part of the The link between the youth and de- a set up where hopelessness and des- communal cake. velopment, he said, would forever remain peration is the hallmark of those they That is why it’s difficult to deter the relevant today and the future. This was the purport to represent only serves to bol- mismanagement of resources and cor- 6th National Human Development Report ster the decay of the moral fabric. ruption in this country. .United Nation Development Programme The resolve may have been shelved If to win an electoral seats most (UNDP) Resident Representative, Aeneas but still they will not pay taxes. This is MPs have to invest large sums in mil- Chuma said the youth have been identified despite the high levels of unemploy- lions, if to manage their jobs they have as a major opportunity for human develop- ment, inflation, poor state of economic to grease palms of all manner of leech- ment. and social infrastructures including Chuma said Kenya’s youthful popula- es and also manage their constituents tion is a gold mine which if well tapped roads, health and sanitation and rail many private needs, and this notwith- and appropriately invested is capable of system in the country. standing the opulence that accompany spurring faster economic growth required Important areas in this country still the job, surely that pay amounts to for the country to achieve its long-term cry for attention. Top on the list is the nothing! goals. education sector which is still grap- Moreover the mismanagement Sports and Youth Affairs Minister Prof pling with inadequate learning facili- of the many of the devolved funds at Hellen Sambili said the youth Develop- ties and teacher shortages. A section of MPs in parliament listens to proceedings. Photo/File the constituency level is telling. Why ment Index concept recognizes that the Teachers working in primary and would anybody expect morality in society wealth revolves around its people secondary schools who really toil to public service in this country when particularly on the youth. foster the country’s future and near fu- Kshs851,000 to Ksh1.1 million is ob- always have a way to compensate for the element of greed spices all public Although young persons are the great- ture generations also require increased noxious. It becomes only un-palatable their erosion in pay. jobs? est resources a country may have, Prof emoluments. as MPs are the only employees capa- Thirdly, the country is currently The timing of the increment of the Sambili said the youth resource has in the Obviously university lecturers de- ble of increasing their salaries every experiencing enormous challenges MPs pay is part of the reason that pro- past been wasted. serve to earn better as they shape the so often. So any desired incremental that require plenty of financial re- vokes anger. “But as a resource it holds key to de- nations destiny. Their products will In a nutshell the whole issue of MPs velopment of the country,” she said. Prof in their pay whether genuine or not sources. There is a huge infrastructure Sambili said the youth have in the past inevitably run the country in all its fac- triggers them to uplift their pay ir- demand such as roads, sorting out cit- pay won’t go away and will always be ets. Doctors, civil servants, nurses and controversial so long as we are not re- promoted the country abroad in various respective of other concerns. This is ies and towns which are increasingly competitions and this can still be used in the police do also deserve better pay. what angers the public. Whereas other strained and require vast amounts of dressing issues afflicting other critical The mentioned groups deserve atten- economic growth. public servants like teachers, doctors, money. Insecurity is curtailing growth and broader areas of public service and “In World Cross Country Champi- tion far ahead of the MPs. civil servants, nurses and police have and modern ways and equipment to what ails the Kenyan economic archi- onships held in Poland in March 2010, Secondly, it does not mean that to hold their horses despite the infla- stem this require huge investments, tecture which keeps so many people in Kenya won 21 medals, 16 of which were the MPs basic salary increment from tionary pressures on costs, the MPs the school system require many times poverty and in dire need. gold,” she said. The Link, August 2010 GOVERNANCE 21 Mt Elgon Group EAC to build Mombasa-Dar road wants TJRC By BRIGHTON KAZUNGU disbanded THE East African Community (EAC) By AGGREY BUCHUNJU Secretariat has commissioned a feasi- HUMAN rights lobby groups in Mt. bility study on the improvement and transformation of the Bagamoyo- Elgon District want the Truth, Jus- Tanga-Horo-Horo-Mombasa-Malindi tice and Reconciliation Commission road into a super highway to spear- (TJRC) disbanded saying that the on- head tourism growth and inter-region- going public hearings lack an effec- al commerce. tive witness protection plan. EAC Secretary General Ambas- The lobby groups argue that the sador Juma Mwapachu said the road, process does not guarantee any form which links Dar-es-Salaam to Mom- of protection to both the victims of basa was a strategic transport artery, human rights violations and potential which once complete would enhance witnesses into the activities of the regional integration. Sabaot Land Defence Force (SLDF). Ambassador Mwapachu, who was The Western Kenya Human speaking at the Lunga Lunga border Rights Watch (WKHRW) Execu- control post during a familiarization tive director, Mr. Job Bwomya, and tour of regional facilities, said infra- the coordinator of Mwatikho Torture structural development was key to the survivors’ organization, Mr. Taiga integration of the EAC trading block. Wanyanja, blame the commission for He said the EAC Secretariat will in involving the media while interview- October convene a consultative meet- ing and recording statements from ing with major donors such as the Af- the victims. rican Development Bank, COMESA They argue that for the interest Bank, the European Union, The Arab and security of those being inter- League, the Asian Tigers and other viewed, the TJRC is supposed to major development partners to seek Road under construction. The region is set to embark on major infrastructural projects to enhance carry out its activities in private and ways of sourcing funds to develop economic growth. Photo/File confidentiality. roads, railways, Telecommunication To publicize the names of victims facilities and other infrastructure to rum in Nairobi in October to ask them said. He said there were plans to up- Voi through the Tsavo National Park and their testimonies, the two human to assist and support us to improve our grade the Voi-Moshi-Arusha railway spur growth in the five partner states. to Moshi in Tanzania to spur into- rights crusaders aver that not only infrastructure in order to move the in- line into a standard gauge facility and border trade between Kenyan and “We shall convene a major stake- puts the victims in danger but is also tegration process a notch higher,” he construct a major highway between Tanzania. holders and international lenders fo- a violation of the witnesses’ protec- tion act. “Visiting prisons and interview- Child labour and ing the inmates in public is in es- sence, interfering with matters that school dropouts EU funds hunger projects are before the court of law and over- stepping the commission’s mandate,” in central they say. The two human rights crusaders By MORRIS GITHENYA in Kitui, Mwingi claim that some of the TJRC commis- sioners have never faced any risks in INCREASING cases of child labour in regard to human rights violations and Kigumo district have been blamed for By KAVYU-KURA the high drop out rates in the area. accuse them of allegedly being gam- Kigumo DC Mr. Omar Salat said FOURTEEN thousand farmers in the blers out to justify their hefty salaries. cases of child labour have been reported perpetually drought stricken areas of While inquiring into gross human in tea growing areas of Kangari and Ma- Kitui and Mwingi districts are set to rights violations in Mt. Elgon Dis- komboki where many school going chil- benefit from a European Union funded trict, four TJRC Commissioners led dren were currently working as casual food security project. by the commission’s chief executive labourers. The project dubbed Kenya Dryland officer (CEO) Patricia Nyaundi vis- Speaking during Kigumo District Farming Programme (KDFP) will seek ited Bungoma G.K prison and pub- Education Day, where Peter Njoroge to mitigate the pangs of hunger by im- licly interviewed suspects of SLDF Mwangi who is the principal procure- proving household food security for ment officer in the office of the President who allegedly committed atrocities people living in the Arid and Semi Arid in the area. was the chief guest, Salat warned that areas. those employing minors risk being pros- The four commissioners who ac- ecuted. The project is expected to enhance companied the CEO to the prison “Those employing minors are at risk food crop production in the targeted included vice chairperson Tecla of being arrested as chiefs have mounted households and cushion them against Namachanja, Tom Ojienda, Ahmed a massive search for students who have the effect of ever rising food prices. Sheikh Farah and Gertrude Cha- According Mr. Jacob Mutemi of dropped out of schools,” said the DC. watama. The DC at the same time blamed the Mwingi office of the FARM-Africa, the Non- governmental organization tasked However Commissioner Farah high consumption of illicit brews in the defended TJRC saying that hearings region to the low enrolment rates at the with implementing the project, 7,000 nursery school levels. small-scale farmers, 1000 lead farmers will only be private in exceptional He said many nursery schools were and 6,000 adopter farmers would ini- cases of sexual violence where a vic- on the verge of collapse following a de- tially benefit. A blossoming crop of cowpeas. Photo/Kavyu-Kura tim requests privacy. cline in the number of the enrolment reg- Speaking to The Link recently, “The TJRC, unlike the south Af- istered on an annual basis. Mutemi pointed out that since the lack rica, Truth and Reconciliation Com- “All the nursery schools in the district tion will be the result of improved dry- harvested for irrigation purposes at in- mission (TRC), is mandated to rec- of adequate rainfall has had a significant land farming techniques among farmers dividual farm level. Water saving ag- have less than 2,000 pupils unlike 5,000 bearing on Mwingi and Kitui districts, ommend prosecutions of any person pupils four years ago,” said the DC who and the provision of the high quality and ricultural production methods such as the targeted group will be encouraged to certified DTCs seeds. Besides, he added, drip irrigation, infiltration pits and dou- responsible or involved in serious also chairs the district education board. grow Drought Tolerant Crops (DTCs). violation of human rights including During the function, the Kenya Na- farmers will receive intensive training ble digging, he added, will be promoted “The farmers will grow traditionally and support to plan and engage in soil alongside these water projects. social-economic rights” he said. tional Union of Teachers (KNUT) de- known DTCs like millet, sorghum, cow- manded that the government employs and water conservation activities critical “We will promote water efficient Commissioner Farah disclosed more teachers to help improve on the peas and green grams whose production to improving land productivity irrigation methods to farmers to enable that the commission will investigate quality of education offered in most in- we hope to improve by 30 percent by “Farmers will also be provided with them to engage in small scale vegeta- the police, the military and other pub- stitutions. October next year thus ensuring the tar- appropriate tools, trained on how to use ble cultivation. Water will also enable lic institutions to ensure that there is The Murang’a South KNUT execu- get farmers have food throughout,” the them and facilitated to construct struc- planting of quick maturing fruit trees rule of law. tive secretary Joseph Njoroge said it was FARM Africa official said. tures to harvest surface run-off water and fodder trees providing more feed for The TJRC is established by an unfortunate that schools whose enrol- The FARM-Africa boss says the ac- and reduce soil erosion,” said Mutemi. livestock,” he said. Act of parliament and seeks to in- ment currently stood at more than 600 tion will reduce the risk associated with Further, the project will seek to ad- Since water availability is a major the monotonous growing of one main quire into gross human rights viola- pupils were being served by a paltry ten dress the perennial water scarcity prob- constraint to crop production in ASAL, tions and other historical injustices in teachers. crop like maize .He said through the lem in the targeted areas by scooping he noted, improved access to water will Kenya between December 12, 1963 “The government should ensure project intervention, farmers who are al- 7 earth dams and 7 boreholes, added more teachers are employed and posted play a substantial role in improving the and February 28, 2008. ways dependant on food aid will be able Mutemi. quantity and quality of food harvested to areas adversely affected by the short- to produce food even in times of limited It is part of the accountability ages to help improve on education stand- He noted that water from boreholes, and thereby contribute to improving component of Agenda four (4) of the rainfall. earth dams and other sources will be food security. ards,” said Njoroge. He said the expected upped produc- National Account signed in 2008. The Link, August 2010 22 DEVELOPMENT

By KAVYU-KURA State to buy KYUSO District Commissioner Kyuso DC bans forest has banned the Forest Action Net- seedlings from work (FAN) Non-governmental organization from operating in central youth the area for allegedly carrying out pressure group stealthy and suspicious activities. groups DC Peter Maina said recently has been making phone calls to his that he had stopped the Non- henchmen asking them to urge the governmental organization from public to reject it, he instructed By MORRIS GITHENYA carrying out its operations in the the DC to ban us from Kyuso due district until its activities were to our pro-proposed constitution Youth groups in Central Prov- properly scanned and approved by stand,” said Mghanga. ince have struck a deal with the the District Development Com- However, the DC insisted in his government to purchase their mittee (DDC). rejointer that such allegations were tree seedlings. He took the action after FAN actually made with the aim of an- The move came as majority officials allegedly held stealthy tagonizing the VP with his elector- of the youth who had established public forums in Kyuso where ate. “Besides inciting the locals, tree nurseries with support from they allegedly made some outra- the NGO has been operating in the Youth Enterprise Fund and geous allegation against leaders. the district illegally and must now Constituency Development Fund He said he would not allow such seek the approval of DDC,” added abandoned the trade citing low an NGO to continue operating il- Maina. returns. legally in the area. “We have asked On her part, FAN’s Mwambue- Early this year, officers in them to stay away until they seek sya defended her organization Murang’a, Thika and Kiambu and get the DDC approval,” said against harbouring any sinister reported incidents of the aban- Maina in a telephone interview re- motives in its operations say- doned tree nurseries. cently. ing the key purpose for the now However, the scenario In late June, the DC summoned suspended Kyuso forums was to changed with the set of heavy the FAN officials led by Ms. Helk- educate the public on government rains in March, April and May er Mwambuesya to his office on devolved funds for them to partici- after the government engaged the second day of their planned pate effectively in the way they are the youth through Kazi Kwa Vi- public awareness campaigns on utilised. jana initiative in planting trees in government devolved funds in the She said that FAN was gi- water catchment areas. district and ordered them to forth- ant NGO that was registered by Department of youth affairs with cease operations in the area. the NGO council and operates and Forestry worked hand in The DC informed FAN offi- throughout the country thus she hand in identifying the best seed- Mr. Peter Maina, the Kyuso DC, who banned the NGO. saw no point of her NGO seeking lings for planting in public land cials who were also in company Photo/Kavyu-Kura of Social Democratic Party (SDP) the approval of the Kyuso DDC and learning institutions. National chairman Mwandawiro were suspicious. He wondered initial Civic education meeting at since it was recognized nationally. In Murang’a region more than Mghanga who had been hired as why the NGO had brought along Marisi Market Centre where near- “I do not see us going to meet 250,000 seedlings have been a Civic education consultant that the firebrand politician, Mghanga, ly 200 people attended, the FAN the Kyuso DDC to seek their ap- planted through a programme they were persona non-grata in the as a consultant if it did not have team urged the locals to support proval. If the local leaders do not involving students and their par- area. He consequently gave them sinister motives. the proposed constitution. want us in Kyuso then we are ents in efforts to boost the forest marching orders. But Mghanga said that the ban- “Because the Vice-president shifting our operations to more cover Murang’a Regional Forest Maina told them that despite ning of FAN from Kyuso had to do Kalonzo Musyoka who is the lo- friendly areas where our work Manager Mr. William Cheptoo operating illegally in the district with nothing else but the proposed cal member of parliament is op- will be appreciated,” said Ms. says by end of the year, they tar- for some time, the FAN operations constitution debate as during their posed to the proposed constitution Mwambuesya. get to plant an additional half a million trees. “We will continue planting more trees as we have more than 11million seedlings waiting to be State to help youth, women groups start cooperatives planted,” said Cheptoo. erative societies spreading out to the ers in the ministry of cooperatives dends and yet they have deposited Murang’a East District Youth By JOEL JUMA rural areas. redundant. He said officers would their money with the societies,” said Affairs Officer Mrs. Esther Mai- “We are aware there are many continue supervising societies to en- Wesechere who singled out Mumias na said millions of shillings have THE government plans to convert merry go rounds in the villages. sure that they operate within the Act. Out growers Savings and Credit Co- been spent in buying the seedling economically viable youth and Such structures will be avenues of The Mumias Sugar Cane Farm- operative Society (Mosaco). from the groups with planting women groups into savings and encouraging members to improve on ers Association Simon Wesechere Mukhweso urged farmers in the being done in public land. credit cooperative societies. their savings,” said Mukhweso. who represented farmers in the region to plant more coffee to help Already, Maina said her de- Western Provincial Coopera- Mukhweso was speaking dur- meeting demanded that officers who get more returns. He said govern- partment has engaged 100 youth tive Officer Nathan Mukhweso says ing a meeting with District Coop- had stayed in their stations for more ment and other partners are commit- to plant trees in Kiawambeu, Ititu once the move becomes effective, erative Officers drawn from Western than four years be transferred else- ted to ensure that the coffee industry and Kiangage primary schools. the number of cooperative societies province at Forest Green Hotel in where. is revived in the province. She said the project under will double from the current 2, 000 Kakamega. Wesechere said some officers are Mukhweso also warned farmers Kazi Kwa Vijana is aimed at societies to 4,000 by the end of next The officers were being - edu not cooperating with stakeholders in the region against selling their educating the youth to learn on year. cated on the new Sacco Regulatory to establish more societies. He ex- raw materials to the neighbouring the importance of safe and clean Mukhweso explains that the Authority. Mukhweso said the new plained that societies were collaps- country. He said that there was ade- environment in future. Government wants to see the authority, which has been created by ing under the watch of the officers. quate market in the country for their Murang’a Municipal council number of savings and credit coop- the Sacco Act will not render offic- “Farmers are not getting divi- coffee. under the programme has also employed the youth who have been involved in the beautifica- By PETER MUTUKU tion of the town. Town Clerk Samuel Njogu THE Mwingi based Centre for Hu- Rights groups raps MPs over pay plan says thousands of trees have man Rights and Civic Education been planted by the youth. has condemned plans by Members greed for money at the expense of the the proposed constitution which will He said that the MPs had tam- “The seedlings he said had of Parliament to award themselves a Kenyans who are currently living in remove their power to set their own pered with Akiwumi Report in order been sourced from youth groups hefty pay increase. abject poverty. Crucial motions pend- pay. to adjust their pay upwards. that had been identified,” said the The centre’s programme officer, ing in parliament have not received He said: “We as the CHRCE ask The new perks were recommend- Clerk when he talked with The Mr. Richard Tuta, described the move similar attention and therefore this the public to take action against these ed by a tribunal chaired by retired Link. as retrogressive and meant to trigger people have no moral authority to corrupt people by using their votes to judge Akilano Akwumi. The Par- In areas surrounding Mt Ken- purport to represent us,” lamented vote for the constitution. By now we a crisis in the economy. liamentary Service commission re- ya, Cetrad an NGO, has ensured Tuta, whose centre operates in the the human rights activist. know they are driven by greed and do vised the tribunal’s recommendations 30 primary schools selected for lower Eastern region of Kitui, Mach- Tuta said that Kenyans have been not have our interests at heart,” upwards before tabling the report in akos, Mwingi and Makueni Districts, overburdened with taxes in order to He said that if the proposed con- the tree planting activity under parliament. The report was Tabled by the Economic Stimulus project accused the MPs of being insensitive sustain the hefty packages that MPs stitution passes, MPs will no longer PSC vice chairman Walter Nyambati to the plight of Kenyans, majority of continue to award themselves. have powers to increase their perks as undertakes the exercise. and adopted in the same day. Within the region over 330, whom wallow in poverty while they He said that some of the MPs this will in future be determined by According to the recommenda- hastily debate and approve a report pushing for the hefty package were an independent salaries commission. 000 seedlings have been raised tions, an ordinary MP was to take and sold to local farmers in ef- that recommends a new package. practically doing nothing in terms of “We ask all the civil societies and home Kshs1.2 million in basic salary “We know that the Members of service delivery to the public. churches to mobilize Kenyans into and allowances , up from the current forts to improve the forest cover Parliament passed the motion in par- “The proposed pay plan is out- voting out all sitting MPs in the next Kshs851,000. around the region. liament very fast just to satisfy their rageous and thus the need to adopt General Election,” he said. The Link, August 2010 23 GOVERNANCE Kisii Union to process coffee Mwingi CID smashes fleecing racket By BOB OMBATI By KAVYU-KURA ing was the fact that the money collect- ed from parents who registered their KISII Farmers Cooperative Union ( MWINGI District Criminal Investiga- children for the would-be education KFCU) will soon start processing coffee if tions Office has smashed a syndicate support was banked to the personal ac- its plan to acquire a Kshs25 million mill is in which poor and hopeless parents in count of one Mr. Nzioka Mutie, said to successful. be the organization’s boss. The move which will become opera- Mwingi and neighbouring areas lost thousands of shillings in fraud. “How can a group that is ostensi- tional by October this year will help cut bly registering poor and vulnerable production costs and reduce losses incurred Police action followed numer- ous complaints by parents who were children demand money from poor when farmers take their coffee to far flung parents? Why are they not issuing re- millers. forced to part with Kshs200 each to KFCU chairman, James Ndemo told allegedly enlist their children into a ceipts for the money collected? And farmers at a special general meeting that the bursary support programme. how can an institution’s money be Union had paid 50 percent of the money to According to the Mwingi Dis- banked in a personal account?” posed a South American supplier and would clear trict Criminal Investigations Officer the CID boss as he drove off after disa- the balance once the machine arrives. Leonard Lutta Namatsi, the group bling the office. Ndemo says the society will process, had pitched camp in Mwingi town in However, speaking over the phone, grade, pack and sell their coffee under one early February to ostensibly register Mr. Namatsi said he had set free the roof to help boost on production and in- orphaned and vulnerable children for two staff of the shadowy organizations crease farmers earnings. educational support. after they promised to present their “It is now up to you to increase your By the time police swung into ac- boss to him soon. production to make sure that the facility is tion, the group posing as a charitable “I have already released the two fully utilized,” he adds organization had managed to raise a people I had arrested as they have During the meeting, the farmers gave cool Kshs800,000 in the massive rip promised to avail their boss to me in the Union a go ahead to purchase and dis- off that saw the registration of 4000 the next few days,” said the CID of- tribute certified coffee seedlings through ficer. the primary cooperative societies to boost needy children. The DCIO who led the raid said He however clarified that he re- production. leased the SHAP project officials on Kisii Farmers Cooperative Union has police had arrested two officers iden- tified as Benson Mwanza Mang’eng’e condition that they suspend their op- been relying on milers in Nairobi and cen- erations and ensure their office remain tral province to process their produce. This (Manager) and Lydia Musili (registra- has eaten into farmers proceeds due to the tion clerk) who were attached to the closed until he was through with in- high costs of transportation and losses oc- SHAP Project in Mwingi town. vestigations. casioned by thefts. Namatsi who was flanked by of- However, the organization’s boss The general manager, Robert Mainya ficials from the Mwingi based Centre The Shap manager Mang’eng’e and clerk Lydia Musili under arrest and has not been traced and therefore the told the meeting that the Union had acquired for Human Rights and Civic Educa- being led out of office. Photo/Kavyu-Kura offices remained locked. a pulping machine from the troubled Kenya tion (CHRCE) lobby group led by And with the premises remaining Cooperative Planters Union ( KPCU) that their director Peter Mutemi also carted investigations into the shadowy activi- ey from poor members of the public locked, the big question is how the will help ease on production costs away most documents used for collect- ties of the group that also goes by the who wanted education bursaries for members of the public who paid mon- Nyanza Provincial Cooperative Of- ing funds from unsuspecting members name Hope and Care International. their children without issuing any cash ey to have their children registered for ficer (PCO), represented by Anthony Ona- of the public. “After I interviewed the people receipts,” said Namatsi. education support would ever get the nda cautioned the society’s management The CID boss also ordered the who are manning the office I smelled a He said what was even more tell- money back. against obtaining loans without working on place to remain closed as he conducted rat because they were collecting mon- acceptable mode of repayment. ADVERTISING RATES Kieni residents launch an association Kera association launched Your support as our reader or advertiser ensures that the stories By JOSEPH MUKUBWA that matter - the stories that help people make decisions about in Kieni East district their education, health, governance, their livelihood, and their RESIDENTS of Kieni East Dis- communities - reach them in a simplified but factual way. trict have launched a residents association which aims at helping to push for better service delivery. How to Advertise The Kieni East Residents As- Send us the details of what you want advertised and we’ll do the sociation (Kera) will push for rest. These can be sent in electronic form as e-mail attachments or good governance, public account- ability, better security, clean wa- in diskettes/CDs as well as hard copies. ter supply, better landsadjudica- tion and secure environment. “It is your right to push for im- Our advertising rates are as follows: provement of education standards if you have paid for the services. I Full page colour Kshs. 72,000 urge residents to lodge complaints Full page black and white (inside) Kshs. 40,000 with my office for quicker -serv Half page (Black and White) Kshs. 20,000 ices,” said area District Commis- Quarter page inside Kshs. 10,000 sioner Mr Daniel Odambu who presided over the launch at the The Link Classified Kshs. 4,000 Narumoru Catholic Hall recently. Front Page Earpiece (colour) Kshs. 8,000 The association whose mem- Front page strap Kshs. 6,000 bership is drawn from Chaka, Thegu, Kabaru, Warazo Jet, Back page strap Kshs. 4,000 Narumoru, Lusoi, Githima, Kia- Back Page Earpiece Kshs. 7,000 Kieni East DC Mr Daniel Odambu (right) speaks with officials mathaga, Gakawa and Kabura-ini Front Page Solus (colour) Kshs. 20,000 of local Kera branch during the official launch at Narumoru locations is also expected to mon- Back Page Solus (colour) Kshs. 15,000 itor the use of the devolved funds. Catholic Hall recently. Photo/Joseph Mukubwa Central Province Kara chair- man Rev Joseph Macharia said ers,” said the chairman. He said in the use of devolved funds can Special Rates the association will play a key the recognition of Kara by the help to improve the life of resi- We offer very special rates for advertisement of charitable activities Government should encourage dents of Kieni East district and role in promoting peaceful co- programmes or services. To get special rates, contact the Editor or existence and enhance access to the association to be more proac- reduce poverty. public service delivery in the area. tive. The residents were urged to the Editorial Assistant. “Kara is now recognized by “This will be achieved by de- monitor the use of the local Con- the Government and currently sits fining and demanding the highest stituency Development Funds The details should be mailed to the Editor, P.O. Box 7438, 00200, standards of good governance, since there have been allegations on a number of committees such Nairobi, Kenya. Telephone 020-601776, 020-3572365. You can also as the local government ministe- transparency and ethical behav- of duplication of projects. rial stakeholder’s forum, Nairobi iour. The local chairman Rev Rich- e­mail us at [email protected] or [email protected]. metropolitan development refer- The patron of the association ard Maina encouraged the com- NOTE: All payments should be made through cheques, payable to: ence panel, security ministerial Mr Waihura wa Ndung’u said munity to participate in encourag- Institute for Civic Affairs and Development (ICAD). stakeholder’s forum among oth- accountability and transparency ing of service delivery. The Link, August 2010 24 COUNCIL Mwingi Town Council unveils budget Councils

By KAVYU-KURA location Kshs60.7 million, Kshs3 unveil budget million will come from KRB and MWINGI Town Council intends to Sh. 0.8 million from the Contribu- amid public spend a total of Kshs 50,385,384 tion in lieu of rates. million during the 2010/2011 fiscal The council also projects to year. raise Kshs26.6 million from the lo- scrutiny According to the Chairman of cal revenue collection. the finance and general purposes Cllr. Kilonzi Iguna who is the By LUKE KAPCHANGA committee, Cllr. Kitheka Muvinga, Chairman of the finance commit- the projected expenditure has al- tee explains that Kshs23.9 million The 175 local authorities in the coun- ready been approved by the Min- will be spend on councils opera- try unveiled their annual budget esti- ister for local government Musalia tions while maintenance will take mates simultaneously on 24th June for Mudavadi. Cllr. Muvinga says that Kshs6.7 million and Kshs1.4 mil- the year 2010/2011. the council has factored in its Local lion goes towards debt resolution. However, what caught my atten- Authority Transfer Fund (LATF) al- He notes that the council had tion is the growing interest by the location of Kshs32.6 million in the increased its area of coverage to public to not only attend the occa- budget. serve six districts of Kyuso, Tseiku- sion but also be given an opportunity The civic leader explains that ru, Mwingi central, Mwingi west , to ask questions on funding priority an additional Kshs15.4 million will Mumoni and Mwingi east as op- to projects. And although the turn up come from local general revenue posed to the previous Mwingi and may not have represented diverse collection while another Kshs2.2 Kyuso districts. opinion on development within the re- million will be channeled to the The finance chairman adds that spective civic authorities, it was a step council through the Road Levy the vast area under the council’s ju- in the right direction. fund. risdiction calls for expansion of the In Malaba Town council and Teso He however says that the coun- council’s revenue base. County council, the chairmen, had cil anticipates a surplus Kshs1.2 Cllr. Iguna points out that al- ample time with the residents allow- million during the year 2010/2011 though the council was hard ing them to ask questions in relation since only Kshs49.1 will be spend. pressed to source for new revenue with the budget estimates, and if pos- He says Kshs16.1 million will generation avenues, the council did sible identify themselves with funded be spend on salaries and allowances not intend to increase land rates or projects from the wards. Cllr. Kitheka Muvinga, Mwingi town council finance committee business permits. It was also interesting to see, in for staff and councilors , Kshs15.2 chairman. Photo/Kavyu-Kura million and Kshs3.2 million will The finance chairman reveals other instances a councilor supporting respectively be used on council that the council was adopting the residents in rejecting proposed fund- (LASDAP) meeting which was tion will go towards financing the ing on particular projects in the ward, operations and maintenance. attended by Wananchi at the grass- personnel and capital projects. Local Authority Integrated Op- Cllr.Muvinga further says that eration and Management System claiming it was not part of their LAS- root level. The council which intends to DAP resolution. Kshs12.1 will go towards capital Cllr. Muvinga says besides pay- spend a total of Kshs91.3 mil- (LAIFOMA) to check on unneces- expenditure while Kshs2.3 million sary expenditure. The budget estimates, as shown ing salaries, the council will spend lion during the current financial by majority councils are directly tied will be devoted towards debt reso- part of the allocation on personnel year, has allocated Kshs29.1 mil- “The council will continue to lution. apply strict financial management to the government allocated Local in the hiring of nine more employ- lion to the personnel while another Authority Transfer Fund (LATF), and He reveals that the capital ex- ees in the council to enable it maxi- Kshs27.4 million will go towards policies to reduce the level of ex- penditure projects being funded penditure. This is through the im- expenditure points to personnel and mize on its operations. financing capital projects. operations. The funds which go to the were prioritized at a Local Author- In Mwingi county council, a A large section of its budget will plementation of LAIFOMS,” af- ity Service Delivery Action Plan firms the finance Chairman. capital projects and this are the ones lion’s share of its budgetary alloca- be financed through the LATF’s al- which benefit the public, are hardly impressive and are mainly crafted to serve the civic leaders. Emphasis is put on infrastructure, education and health to some extend, Bungoma town’s ambitious budget yet the problem is the quality of the workmanship on those very projects. general purposes committee chair- The projects set to benefit include:- By AGGREY BUCHUNJU The above scenario explains one man cllr. Joseph Magudah, attributed 1. Electrification projects – Kshs. 3.6 million fact, that local councils have limited 2. Educational facilities – Kshs. 5.6 Million the impressive performance to the options of revenue generation, apart The Municipal Council of Bungoma council’s prudent financial control 3. Health facilities – Kshs 2.6 million plans to spend an estimated Kshs.132, and management systems. 4. Marked Bus park and Buildings – Kshs.6.5 million from LATF, and hence they can not 159,708 during the 2010/2011 finan- During the FY 2009/2010, Cllr. 5. Water and Sanitation – Kshs.2,050,000 be economically viable when left on cial year (FY). Magudah said that the council budg- 6. Road works – Kshs. 7.8 million their own. The council’s projected revenue in eted to spend Kshs. Kshs. 17,705,253, 7. Furniture and fitting and IT – Kshs. 1.5 million The leaders in general lack initia- the current financial year stands at an on the implementation of projects add- tives it explore business opportunities impressive Kshs. 133,358,836 which ing that so far only Kshs.14, 188,283 Other expenditures includes:- within their councils and solely focus translates to a net surplus of Kshs. 1, has been spent on the projects. 1. Personnel expenditures – Kshs. 49,825,902 on how they can spend more and gen- 199,128. Cllr. Magundah disclosed that al- 2. Operation expenditure – Kshs. 35,756,977 erate less. In the world today, trade In the 2009/2010 financial year, though the council’s financial man- 3. Maintenance – Kshs. 13,215,971 and investment are two sides of the the total estimated income stood at agement was impressive during the 4. Debts resolution – Kshs. 3,706,643 same coin, and local authorities can- Kshs.144, 020,128 with a total es- last financial year, the budget had a The council’s sources of revenue are:- not be handled separately when their timated expenditure of Kshs.111, short fall of Kshs.5,911,649. 1. Property rates – Kshs. 13,553,620 investments have no profitable re- 725, 814 and a net surplus of This, he claimed was occasioned 2. Single Business Permits – Kshs.13,525,000 turns, to the residents. Kshs.2,294,314. by non-remittance of Kshs.3,741,977 3. Agricultural cess – Kshs. 2,000,000 Councils, should in similar terms The council was however from the Kenya Urban Roads Author- 4. Market slaughter house fee – Kshs. 8,755,600 like central governments explore in- able to surpass the target and post ity while the Government owed the 5. Bus park + parking fees – Kshs. 23,521,360 vestment opportunities and consider an impressive revenue base of council thousands of shillings in lieu 6. House /office rent – Kshs. 1, 904,400 Kshs166,915,463, with a total of forming regional trading blocs. of rates (CILOR). 7. Conservancy fees – Kshs. 1,943,568 They too should seek to exploit the Kshs. 95,289,870 overseeing expens- Finance chairman said that dur- 8. LATF – Kshs. 54,178,047 es during the same period. expanded markets that emerge with ing this FY the council has set a side 9. RMLF – Kshs 7,483,955 the economic integration blocs. The council’s Finance, staff and Kshs.29,654,215 for capital projects. 10. CILOR – Kshs. 2,040, 286. Policy makers should consider in- tegrating local authorities as part of a By JOSEPH MUKUBWA second phase of RRI programme lapsed broader development strategy, as this Othaya town’s modest budget on June 17, 2010. may help attract the required invest- OTHAYA Town Council will spend The chairman, said some of the ac- ment, build competitive and diversi- Kshs31.3 million in the 2010/2011finan- ture is anticipated to be used on personnel, new financial year. The council undertook tivities undertaken include provision for fied economies that are more respon- cial year. which will consume Kshs14. 1 million 100 days phase one Rapid Results Initia- training opportunities, improvement of while operations, maintenance, capital ex- tive from 24th October last year to 31st Jan sive to development objectives. The Finance committee chairman infrastructure by opening of new feeder Local authorities should be merged Mr Samuel Wanjau while reading the penditure and debt resolution have been al- 2010. roads, improvement of ICT infrastructure budget said the council will draw its located Kshs985. 8 million. The council succeeded in all five the- and have a sound financial base which and allocated funds to deal with HIV/ is not entirely dependant on LATF, income from the Central Government Last year, the council was able to re- matic areas identified as challenging areas Aids pandemic. sources which include Local Authority pair access roads using maintenance funds. namely, financial statements preparation, The council this year was able to and refocus on trade and investment. Transfer Fund (Kshs12.2 million), Road Some were finished while some are in- planting of 500 trees within the township, computerize its operations and joined Councils have to undertake a thor- Maintenance Levy Fund (Kshs3 million) complete as the Road Maintenance Levy construction of three refuse receptacles, other 80 councils in the country on LAI- ough review of their trade sector, iden- and local sources of revenue (Kshs17. 3 fund has not been released. The council improvement of Karega road and revenue FOMS programme. The meeting was at- tify weaknesses and adopt a strategy million). will construct classrooms, improve roads enhancement from an average of Kshs2.8 tended by all councilors including Chair- that will put in place the right trade and repair others in all the five wards in the million to Kshs3.3 million. The council The 2010/11 estimated total expendi- man Mr Maina Murachu. facilitation measures. The Link, August 2010 COUNCIL 25

Nyeri Council’s Busia among big budget Coast councils rush to high performing By JOSEPH MUKUBWA councils NYERI Municipal Council proposes By NYAKWAR ODAWO to spend Kshs244.2 million in the THE county council of Busia was ranked 2010/2011 financial year. clean their houses fourth in the recently released perform- The council intends to increase its By BEKADZO TONDO ance contract results, theClerk, Mr. George revenue collection to Kshs244.3 mil- Maruti, revealed. lion which will translate to a surplus MOST of the local authorities in Coast Consequently, it was awarded an addi- of Kshs31,260 in the same year. province have embarked on remedial tional Kshs18million as higher perform- The Finance committee chairman measures to keep their houses in order ance account which will be factored in Mr Patrick Kiago says that the coun- and avert possible dissolution. the current financial year to improve on cil will increase spending by 23 per- This follows the signing perform- the service delivery. In the 2010/2011 fi- cent from last year’s Kshs209 million. ance contracts with the Deputy Prime nancial year, the council will spend a to- He says only Kshs44. 5 million Minister and Minster for Local Govern- tal of Kshs110million during on various will be spent on capital projects. ment Mr. Wycliffe Musalia Mudavadi. projects. “These projects cover the entire Majority of the councils have en- He said the council expects to receive hanced service delivery, improved rev- Kshs89million from the government as municipality electoral wards and have Local Authority Transfer Fund (LATF), been identified on priority basis,” the enue collection and cleared significant amounts of debts, including workers Kshs19million from the local sources chairman said. Thirty four projects and Kshs2million from the Kenya Roads will be funded through LATF and salaries. The Coast Provincial Local Govern- Board as roads levy fund. The Clerk said Kenya Roads Board allocations. Kshs7million will be spent on debt reso- “Projects valued at Kshs19.4 mil- ment officer Mr. Nelson Rop intimates that most local authorizes in the region lution whereas Kshs57million will go to- lion will be funded through LATF are trying hard to ensure they meet their wards the recurrent expenditure leaving a while projects worth Kshs24.7 mil- targets in line with the contracts they surplus of Kshs0.3million. lion will be funded through the KRB signed with the government. Maruti at the same time said that the and council’s contribution to the The official who spoke Kilifi coun- council will spend Kshs5million on rural fund,” he added. ty council unveiled its budget for the access roads in the 18 civic wards spread The projects which will be under- 2010/2011 financial year at the county across the greater Busia district, early taken include street lightning, pur- hall, Mr. Rop noted that Mombasa mu- childhood (ECD) education will be fund- chase of three motor cycles, grading nicipal council was rated the best in a ed to the tune of Kshs4million, while an- and murraming of roads in various report on the best performing councils other Kshs1.8million will be spent on the wards, laboratory construction at Ki- in Coast province. Kwale county council renovation of schools. Dispensaries have ganjo ward among others. came second while Kilifi county council been allocated Kshs2million, land for The council expects to get was rated third for being the most vi- markets will be purchased at Kshs1mil- Kshs94.6 million from both the LATF brant council in the region. Mr. Mudavadi: Minister for Local Government. lion. A total of Kshs5million will go to- According to the council clerk Mr. wards water provision, Kshs2million will and Kenya Roads Board while the rest be spent on purchasing land for trailer park will come from local revenue sources. Leboo Ole Morintat, the council was conservation. Millennium. ranked 9th out of the 11 local authorities In the second phase which began on The documentary served to show to avoid congestion of petrol tankers along About Kshs101.8 million will go the busy highway and Kshs2million will to salaries, Kshs52.8 million to opera- that had participated in the survey enti- March 10, 2010 and ended on June 19, case achievements by the council to- tled ‘Doing Business Indicators’ whose the council focused much on cost reduc- wards the realization of MDGs. Mr. finance the development of the beaches tions and Kshs20.6 million towards and Kshs1.4million on the construction of debt repayment. findings were released last September tion, project implementation. Morintat however said the council has at Kenyatta International Conference Other areas included the consolida- been unable to meet its revenue collec- motorbike sheds. The council is also intending to Center. Other activities to be undertaken by spend Kshs2.1 million on bursa- tion of construction permits, improve- tion targets due to shortage of personnel. Through the 100 days Rapid Re- ment in revenue collection and updating He further said inadequate bylaws the local authority in the next financial ries during the current financial year sults Initiative which came to a close on of the council books of accounts. had also derailed efforts by the council to year includes the renovation of council and Kshs400,000 on HIV/Aids pro- January 27 this year, the clerk said the The clerk further revealed that the achieve its targets on revenue collection houses at a cost of Kshs3million, con- grammes. council had registered impressive results council was showcased in a documen- but expressed confidence that things will struction of rental houses at a cost of The council’s budget is anchored its revenue collection, established a cus- tary on the progress made in the imple- soon change since the Minister for the sh6million, establishment of tree nurseries on its strategic plan. The plan sets out tomer care service center and enhanced mentation on the Millennium Devel- Local Government had approved some at a cost of Kshs1.8million and Kshs1mil- strategies and activities to be imple- efforts geared towards environmental opment Goals by the United Nations of the proposed laws. lion for the street light at Bumala market mented by the council in the next five among others. years. The county clerk said the council shall The council’s objectives in the also undertake an HIV/AIDS programme strategic plan are anchored on the will be effected through awareness crea- Government policy priorities and ob- Karatina’s spending plans tion and counseling as a certain amount of jectives as set out from time to time. money has been factored in the budget so By JOSEPH MUKUBWA park fees, housing, slaughter house fee councilors including mayor Mr Christopher as to ensure its full implementation. Key among these priorities are and street parking. Out of this, bus park Kamau. Maruti at the same time said the coun- the Millennium Development Goals, KARATINA Municipal Council will spend fees and land rates are estimated to bring LASDAP projects to be undertaken in cil has also identified drugs and substance Vision 2030 and Economic Stimulus Kshs59. 1 million in the 2010/2011 finan- Kshs20.8 million. All these sources will 2010/2011 include road maintenance and abuse as another challenging area affecting Projects in this case Kazi kwa Vijana cial year. bring an income of Kshs46. 4 million. repairs, purchase of new car, street lighting, the youths, adding that the council through and Poverty Reduction policies. This was contained in the financial The rest of the income will come from construction of toilets for the disabled per- the department of social services shall cre- In the meeting which was attended budget approved by Minister for local Gov- contribution in lieu of rates, Local Author- sons and valuation of assets. The Govern- ate awareness on the effects of drugs and by all councilors including the mayor, ernment who is also the deputy Prime Min- ity Transfer Fund and Local Maintenance ment has also released Kshs268 million for substance abuse, implement survey find- Mr Joseph Thairu and town clerk Mr ister Musalia Mudavadi. Levy Fund. the rehabilitation of Karatina market. ings and conduct trainings of officers on Ribui Wanyoike, the meeting heard The Finance committee chairman Mr “The instructions from the Ministry of The first phase of the street lighting drugs and substance abuse. that the council has also implemented Jack Kanja says the council projects to raise Local Government are that personnel ex- project was to commence within this finan- At the same time, municipal council of Rapid Results Initiative which is a an income of Kshs59.2 million which will penditure should not exceed 50 per cent of cial year at an estimated cost of Kshs1 mil- Busia will spend a total of Kshs96.3million Public Service Reform programme leave a surplus of Kshs120, 380. total expenditure while ours is 43 per cent. lion but due to delay in remittance of LATF during the 2010/2011 financial year. Ac- focusing on results, planning and The funds will be used on personnel Councils are also instructed that the funds and settlement of huge unpaid debts, cording to the Finance chairman Em- service delivery with linkage to Na- (Kshs 26.1 million), operations (Kshs18. capital projects figure should be less than 65 the project has not commenced yet. manuel Wafula Simiyu, the council ex- 4 million), Maintenance (Kshs5.9 million) per cent of the LATF service delivery com- However, the construction of toilets for pects to receive a total of Kshs46.4million tional Policies Council strategic Plan ponent which translates to Kshs3.4 million. and the country’s vision 2030. and capital expenditure which will receive persons with disabilities is ongoing and is from the government. Kshs8.5 million. However the council has exceeded expected to be complete before the end of This, he says includes Kshs2.2million During the last financial year the this provision and allocated Kshs5 million council was able to purchase a new The council will generate its revenue this financial year 2009/2010. Road repairs in lieu of rates, Kshs6million from the from the annual fee accruing from land to capital projects,” said Kanja when he are currently being undertaken at a cost of roads levy fund and Kshs38million from service motor vehicle, complete rates, business permits, market fees, bus read the budget speech which attracted all Kshs3.9 million. the Local Authority Transfer Fund (LATF). Marua Secondary School, computer- ize its operations and construct drains in CBD among others totaling to Kshs10.6 million. Some of the projects in progress Council workers to strike over pay include construction of Masonry By BEKADZO TONDO package was a negotiated deal, signed be- proposed increment and majority would not see the reason why the minister is re- Refuse Chambers, street parking, tween them and the government. collapse if the move was effected. jecting the increment. “Kilifi town council construction of Kiganjo police post A MAJOR showdown looms between the The workers led by their union chair- He argued that most councils were still is financially stable as it collects enough among others totaling to Kshs8.3 mil- government and council workers follow- man Samson Chembe Chembe are de- pumping huge amounts of money to work- revenue and can therefore be able to im- lion. ing a resolve by Local Government Mr. manding that the package be backdated to ers salaries and councilors allowances and plement the new payments,” said Dunga. The council is also grading and Musalia Mudavadi to reject the imple- September last year as outlined in the col- ignoring their core business of delivering Dunga said that the 84 workers at the murraming various roads in Chania, mentation of salary increments awarded lective bargain agreement. services to the public. “The government council will soon down their tools to de- Central, Nyaribo, Muruguru and Ka- to them through a collective bargain agree- Speaking to The Link in Kilifi, Mr. is not ready to implement the proposed mand for the implementation of the new makwa wards. ment. Chembe said that it was hypocritical for increments as most councils are still grap- salary package which was negotiated The council scooped position 18 In Kilifi District, the council workers Mudavadi to deny the workers an incre- pling with huge debts and cannot be over- through the proper government channels. are up in arms against the move and have ment when he is poised for a hefty pack- burdened further,” said Mudavadi. “Council workers are among the poor- out of 175 local authorities in the vowed to go to court to challenge the deci- age once the pay increase plan by MPs is But the chairman of local government ly paid employees in the country and it is country and position 3 out of 46 mu- sion by the minister. The workers through adopted. workers union at Kilifi town council, Mr. unfortunate that the government is not in- nicipal council’s in the country’s mu- their union said the proposed increments According to the minister, most coun- Festsus Dunga insisted that his council terested in addressing their plight,” added nicipal’s category recently. should be effected without delay since the cils did not have the capacity to sustain the was able to pay the new salaries and did Dunga. The Link, August 2010 26 GOVERNANCE

Kisii NGOs, Kisii Union Church unite Bunyala elders to process over border coffee asked to build peace By BOB OMBATI conflicts KISII Farmers Cooperative Union (KFCU) will soon start process- By BOB OMBATI ing coffee if its plan to acquire a Kshs25 million mill is successful. CIVIL Society organizations in The move which will become Gusii have resolved to team up with operational by October this year church leaders to avert conflicts and will help cut production costs violence among border communi- and reduce losses incurred when ties. farmers take their coffee to far Sixty peace makers who assem- flung millers. bled at a Kisii hotel recently for a one KFCU chairman, James day workshop to map out peace strat- Ndemo told farmers at a special egies ahead of the August 4 referen- dum complained that civic education general meeting that the Union had not been felt at the grassroots. had paid 50 percent of the money They observed that the ‘Red’ to a South American supplier and and ‘Green’ campaigns had preced- would clear the balance once the ed civic education, adding that the machine arrives. residents had mainly relied on false- Ndemo says the society will hoods peddled during the campaigns process, grade, pack and sell their to support or reject the document coffee under one roof to help during the referendum. boost on production and increase Paul Ochora, a peace crusader farmers earnings. challenged the managers of CSO to “It is now up to you to increase be on high alert and liaise with secu- your production to make sure that rity and provincial administrators to the facility is fully utilized,” he share information on potential con- added. flicts and resolve them in time. During the meeting, the farm- Community Initiative Action ers gave the Union a go ahead Group Director,( CIAG) Chris Ow- to purchase and distribute certi- alla told participants to identify fied coffee seedlings through the possible causes of conflicts before Residents attend peace training in Mt. Elgon. Photo/File primary cooperative societies to mapping out workable strategies to boost production. resolve them, adding that some con- Kisii Farmers Cooperative flicts took long to resolve because By NYAKWAR ODAWO council of elders are allied to certain power their children by enrolling them they were least understood. political groupings and that majority in technical training colleges so as to Union has been relying on milers Owalla said that CIAG was col- were being used by their masters to make them self reliant. in Nairobi and central province to A PROVINCIAL administrator in The peace building forum was also process their produce. This has laborating with the CSOs and pro- Bunyala District wants the council of propagate hatred instead of concen- vincial administrators to address in- addressed by the chairman of Mount eaten into farmers proceeds due elders to intensify their efforts in fos- trating on peace building initiatives ter-tribal conflicts especially within aimed at promoting peaceful co-ex- Elgon Residents Association (MERA) to the high costs of transportation common borders which, he said were tering peace and unity among the vari- Mr. John Ochemo and the Provin- and losses occasioned by thefts. ous communities in their respective istence among the residents,” the pro- mainly caused by boundary disputes, vincial administrator said, adding time cial Coordinator (Western) Mr. Peter The general manager, Robert cattle rustling and differences in po- areas in order to safeguard a harmoni- Chem. Mainya told the meeting that the ous and peaceful co-existence for the had come for the elders to reflect on litical ideologies and perceptions. the kind of legacy they want to leave Mr. Ochemo said that associa- Union had acquired a pulping He said the Group, under partnership sake of development. tion with support from the European machine from the troubled Ken- The Bunyala District Officer Rich- for the future generations. for peace was conducting a series of Ajwang at the same time cited Union (EU) and the Konrad Adenaur ya Cooperative Planters Union ( workshops for the CSO’s , church ard Ajwang says the elders were duty Stiftung (KAS) was currently spear- KPCU) that will help ease on pro- bound to preach peace and defuse ten- imbalance in the distribution of re- leaders and the provincial admin- sources such as bursary allocation, lo- heading peace initiatives in areas af- duction costs. istrators in eight selected Divisions sion that may emerge during and after cal boundary disputes, appointment of fected by the post election skirmishes Nyanza Provincial Coopera- in Western, Rift valley and Nyanza the referendum. in Western Province. tive Officer (PCO), represented provinces which bore the brunt of development committees along party Ajwang was addressing a peace “Our role will be to sensitize the by Anthony Onanda cautioned the the 2007 general poll post election building forum at the Free Pentecost lines, frequent arrests and harassment of fishermen by the Ugandan authori- affected communities on the impor- society’s management against ob- violence . Church in Bunyala district that was taining loans without working on Ikonge Church of Christ pas- ties as the major causes of conflicts in tance of peaceful co-existence espe- jointly organized by the European Un- cially during and after the ongoing acceptable mode of repayment. tor Charles Onchaga urged fellow ion, the Mount Elgon Residents Asso- the region. church leaders to allow their flock He said that politics had also con- referendum campaigns,” he said. Onanda said the move was il- ciation and Konrad Adenaur Stiftung. The residents commended the legal and would eat into farmers read and understand the proposed The DO urged the elders to emu- tributed to conflict through margin- constitution and decide its fate in the alization of those considered as oppo- Mount Elgon Residents Associa- earnings and sink the multi-mil- late groups such as the Gikuyu Embu tion, the European Union as well as lion project. referendum instead of demonizing it. Meru Association (GEMA) and the nents of local politicians. Onchaga said the constitution Konrad Adenaur Stiftung for their He revealed that private mill- Luo Council of Elders which he said DO further said the youth were was not meant to serve the church more vulnerable to incitement by local tireless roles in promoting peaceful ers were luring farmers into deliv- only but targets all Kenyans, stress- have been in the forefront of spear- co-existence among the various com- ering coffee to them with prom- heading initiatives that aim at promot- politicians as majority did not have a ing they should be given time to source of livelihood and relied mainly munities from the areas worst affected ises of awarding them with loans understand and vote for or reject it ing peaceful co-existence and unity by the post election violence such as which might commit members among the various ethnic communi- on handouts dished by politicians dur- during the referendum, adding it was ing campaigns to cause violence. the Rift Valley, Nyanza and Western when their plant was commis- their democratic right. ties within their respective areas. provinces. sioned. “There are claims that the Bunyala He called upon parents to em- Coast groups want public involved in use of funds

By BEKADZO TONDO devolved fund system. need to conduct civic education funds like the Fuel Levy, Youth their door steps and give them Malindi Residents Forum and to sensitize residents on the exist- Fund and the Women Enterprise money. THE civil society in Coast Prov- the Institute Participatory De- ence of the funds,” adds Kashero fund. The two officials spoke at ince is calling for the creation velopment, argue that the cur- Chinyaka an administrative of- “Even for the few who are Kibaoni primary school in Kilifi of a citizen charter to ensure the rent scenario was chaotic and ficer of Malindi residents Forum aware of the existence of the District during a two days work- public are involved identifica- hampered any form of public His counterpart from the In- funds they hardly access the shop to sensitize the residents tion, implementation and moni- participation, accountability and stitute Participatory Develop- funds due to lack of initiative,” on how to effectively undertake toring of projects. transparency required in the man- ment Mzungu Ngoma says that he adds. Social auditing procedures on de- This, they say, will ensure ef- agement of public resources. although the level of awareness The official said ignorance volved funds in their respective ficient management of the sub- “In fact the level of aware- on Constituency Development remains a big challenge as some areas. Participants were drawn stantial resources devoted to the ness on most decentralized funds Fund (CDF) ranked high, many of the would-be beneficiaries ex- from Kilifi township, Ngala, Ma- grassroots regularly through the remains low and therefore the people still did not know about pected fund trustees to knock at vueni, Takaungu, and Kibarani. The Link, August 2010 FARMING 27 Rachuonyo farmers exploited by greedy middlemen

By JOHN NYAMBUNE He said the planned construc- tion of two sweet potato sheds in Kabondo division will solve the SWEET potato farmers in Ra- storage problem to ensure better chuonyo South District are a returns for the local farmers by frustrated lot due to exploitation locking out brokers, who buy the by middlemen. produce cheaply from the farms The farmers renowned for pro- and later resell it at a higher price ducing succulent and high quality to traders from Nairobi. sweet potatoes have failed to free Kuwuor Ward Councillor, Mr. themselves from the vicious cy- Lukio Omullo said the sheds that cle of poverty because of a con- are at different levels of comple- spiracy of circumstances, and to a tion are centrally in the division lesser degree, fate. for easy access by farmers. In Kabondo Division, the He said the local residents main sweet potato producing have been toiling only for the area, disillusioned farmers, who fruit of their sweat to be enjoyed are trapped in poverty amidst by other people, adding the com- plenty, blame their suffering on pletion of the sheds will turn poor pricing caused by middle- round farmers’ fortunes. men. The paradox of what the But, while appreciating the farmers have to deal with is evi- establishment of potato sheds, dent from the heaps of sacks of farmers said they have heard of sweet potatoes lined along the such promises in the past and yet highway awaiting potential buy- nothing has ever come of it. ers. As they wait for motorists Mr. John Denga, a farmer along the Kisii-Kisumu to buy from Awuor Dimo area says their their produce, they are resigned inability to access to immediate to the fact that they either sell the market for their products leaves crop at a throw away price or it them at the mercy of the mid- goes to waste. dlemen, who are the only readily The troubling question is for available customers. how long will this suffering go “About the sheds, it would be on? Efforts to form a farmers’ co- a good idea but I don’t see it ma- Photo/File operative society to shield them Sweet potatoes ready for market. terializing because we have been against exploitation of the mid- promised by several politicians in dlemen has on several occasions was engrossed in stiff competi- farmers an opportunity to sell the lose their product to thieves if the region to the extent it’s like failed to offer the farmers hope tion with middlemen, adding that produce directly to traders and they bring them to one place like music to our ears,” he said. and better prices for their prod- it will be a while before farmers negotiate for better prices. the coffee farmers,” she said. The farmers sell a sack of uct. begin to enjoy the benefits. “The The chairlady of the coop- The area DC, Mr. John Ole potato for as little as Ksh450 to District Cooperative Officer present management committee erative society, Mrs. Angeline Kepas, blames the residents for middlemen, who in turn sell it to Mrs. Pamela Masi says a bid has not been effective in compet- Nyolal, said effort to mobilize allowing brokers to thrive on traders who fetch Ksh3, 000 in to form cooperative society for ing with middlemen to reverse farmers to join the society have their sweat by accepting to sell major towns. But the middlemen sweet potato farmers had suffered the negative attitude of farmers,” been hampered by their past ex- their potatoes to them even be- interviewed dismiss the notion setbacks because of poor attitude she said. periences with management of fore they are harvested. that they were fleecing farmers. and low patronage by residents She says her department was cooperative societies, adding that Mr. Ole Kepas challenged area Mr. Vitalis Okeyo Omollo, to the organizations. She says ef- in the process of reorganizing the in the past such societies have leaders to find ways of saving the a middleman, said it is costly to forts to form a stable society had management committee in order suffered mismanagement and residents from the exploitation by transport the potatoes to Nairobi, been frustrated by forces deter- to turn around the society, ward theft. She said the fear stems from the middlemen. “They are throw- adding that after deducting all the mined to maintain the status quo off middlemen and market the the theft that has surrounded local ing away their gold. The crop has expenses, their net profit is a pal- so that they can continue fleecing crop. cooperative society, especially the potential to change the liveli- try Ksh200. the farmers. The cooperative officer adds the coffee society where farmers hood of the residents, who should He said it forced them to en- Mrs. Masi said the Kabondo that the planned construction of lost more than 90m Kgs. not allow others to make a kill out gage in other income generating sweet potato cooperative society potato sheds in the area will give “Farmers fear that they will of their sweat, he added. activities to cushion the business. # Phase two of fish The SUBSCRIPTION FORM

farming to kick off LinkEnhancing governance for all

By JOEL JUMA motorcycles for distribution to the officers to enable them monitor Please accept my/our subscription to The Link for the period of ...... months farmers involved in fish farming. THE government is set to roll out dating from ...... to...... the second phase of fish farm- The PS said the move is aimed at boosting fish production at the ing projects under the Economic I/We …………………….………………...………………… of P.O. Box...... ….…...... …… Stimulus Package (ESP) grassroot level in line with the Economic Stimulus Programme. Already Kshs 2.7 billion has Code ……...…… Town …...... ….…..….…Tel No.…….……...... …. Street ...... been set aside to oversee the im- Prof Ntiba said 160 constitu- plementation of the next phase. encies will each be allocated three Building ...... Floor ...... Room No ...... Mobile ...... …… Permanent Secretary in the fishery officers who will acquaint ministry of Fisheries Muchemi farmers with new technologies of Email: ……...... have paid Kshs...... Ntiba says abut Kshs500 million fish farming. will be spend in purchasing fin- Ntiba who was accompanied (Attached, please find money order No ...... gerlings for distribution to farm- by Livestock PS Ken Lusaka and ers who benefitted during the first Agriculture Secretary Wilson Please send me ……...... ………....………..copies per issue every month. phase of the project. Songa at the same time revealed The PS says that government that the Government plans to Signature and /or stamp of client/:...... …...… Date ...... will also employ about 500 fishery spend another Kshs2 .8 billion to officers to assist in effective man- assist in the construction of shal- Back issues No/Months: ...... agement of fish projects. low water dams in the country. Fill in this form and attach a postal money order of Kshs. 660 and post back to:- Ntiba who was spoke at Mun- Lusaka on his part said West- yanza fish farm in Lurambi- con ern province has the potential of stituency of Kakamega Central producing adequate fish without Institute for Civic Affairs and Development District said the Ministry of Fish- relying on produce from Lake P.O. Box 7438 - 00200 Nairobi eries will soon purchase over 200 Victoria. The Link, August 2010 28 DEVELOPMENT Sports ministry gives cash to Busia youth

By NYAKWAR ODAWO most youth groups have declined as Benedict said he invested his to repay the loan claiming that cash in poultry business which THE Ministry of Youth Affairs the money was a grant from the thrived for sometime but the and Sports has disbursed a total government while others have business was grounded after the of Kshs2million to forty youth a backing from politicians who poultry died from an unknown groups in Busia district during have told them not to repay the ailment. 2009/2010 financial year. loan. “When all the poultry per- Available data indicate that “We have been unable to re- ished, I did not know what to do each group received Kshs47,500 cover the funds advanced to and up to now I am still worried after a deduction of Kshs 2,500 most youth groups mainly due about how I will repay the loan,” was effected to cater for manage- to negative attitude by the ben- he said, adding “it is my prayer ment fees. eficiaries who claim that politi- that the government will come to The youth groups that ben- cians told them not to repay as our rescue by waiving the loan. efitted from the fund were drawn the money came in as a grant,” Majority of the group mem- from Matayos, Nambale and the divisional Youth Officer said, bers interviewed by The Link Township Divisions. adding that lack of proper guide- said the government should write Most of them are currently lines on what action to be taken off the debt or treat the same as engaged in various income gen- in case a group refuses to repay grants citing the high rate of in- erating activities which include the loan or is unable to pay back flation in the country. However fish farming, horticulture, brick has also become a major setback. the youth department was enlist- making, tailoring, hair Salon The youth officer said that ing the support of the provincial business, cereals business, value funds were delayed and this made administration to help in the re- addition, poultry keeping and the groups to pursue projects covery of the loans. “This is a goat rearing among others as a which had not been approved. revolving fund that should be re- source of livelihood. He said that some of the groups paid so that others may also ben- However, majority of the that were funded at the inception efit from the same,” said Omeno, youth groups have refused to re- of the fund have been disbanded adding that out of the Kshs2mil- pay the loans advanced to them. as some of the approved projects lion disbursed to the youth The Divisional Youth Officer were not viable. groups, only Kshs0.2million has Mr. Bernard Omeno says that A beneficiary identified only been repaid. Prof. Hellen Sambili: Sports Minister. Rise in Down syndrome State steps up male Nyeri districts cases worrying receive ESP cut programme funds By JOSEPH MUKUBWA ities and physical defects such as hearing difficulties and heart con- By AGGREY BUCHUNJU boys aged between ten years and By JOSEPH MUKUBWA DOCTORS in Kenya raise alarm ditions in some children. fourteen years who are not yet cir- over sudden rise in number of Maingi said the incidence is THE Government sponsored ini- cumcised. FOUR constituencies from the larger Nyeri children born with Down syn- not related to race, religion or so- tiative on voluntary male circumci- He, however, asserted that vol- district have received Kshs 152.8 million drome. cio-economic status. sion will soon be rolled out in areas untary male circumcision should under the Economic Stimulus Programme. Statistics show that a child with The symptoms include stocky, whose inhabitants do not circum- be carried out by qualified medical The allocation will oversee tree plant- the Down syndrome deformity is short arms and legs, and a clubbed cise. personnel in health facilities adding ing in primary schools and assist in the con- born every week in the country. appearance to the hands. The programme which is now that where teenagers are involved struction of centres of excellence as spelt “Eyes are usually slit and long their parents must consent. out in the ESP. According to a Non Govern- one of the Government’s strategic The four constituencies include Oth- mental Organization, Down Syn- and the face has a stocky, broad interventions in the fight against Consequently, Mr.Omanyala look sometimes to the tongue appealed to the Government to de- aya, Nyeri Town , Mukurwe-ini and Tetu. drome Society of Kenya, about HIV/AIDS scourge has realized Nyeri South District Education Officer 40, 000 people are suffering from droops outside the mouth,” said impressive results in Nyanza where ploy medical circumcisers to every Mr Wilfred Gaicu said the Government had the complications. the coordinator. it was first implemented. public health facility in the area in pumped in Kshs120 million to develop the The Programme Coordinator Children with Down syndrome Quite a good number of Luo order to quicken the exercise. Centres of Excellence in the 12 secondary James Maingi said during a one- also have low muscle tone, lead- men volunteered to be circumcised Mr. Omanyala, at the same time schools identified in the area while the re- day sensitization workshop at Ki- ing to relatively higher levels of in the public health facilities when pointed out that circumcision in maining amount will finance tree planting richu PCEA church hall in Nyeri lethargy and in activeness. the programme was launched in the Teso District will not have a time- in primary schools. that in every 1,000 children born, During the workshop attended area. table like in their neighbouring The DEO at the same time revealed by pupils, parents of those infected Bungoma and Mt.Elgon Districts. that the Government through the primary one child has the Down syndrome Other ethnic groups which do schools infrastructure programme has spent complication. and teachers, the participants were not undergo male circumcision and “Ours will be a continuous ex- ercise depending on when one is about Kshs149 million to improve facilities Down syndrome is a chromo- told that proper medical treatment are targeted in the new drive in- in the primary schools. somal disorder caused by an error and early intervention involving clude the Tesos in Western Province ready for the cut regardless of year He said the funding was based on the is cell division during conception physiotherapy, occupational ther- and Turkanas in North Rift. and month”, he said. inadequate physical facilities in the upcom- that results in the presence of a apy, speech therapy and special There are, however, some Mr.Masake on his part, urged ing secondary schools which he said could third chromosome 21, instead of education support, can help the Luhya sub-tribes which do not also the Teso community to embrace the not provide a conducive environment for the normal two. This means that child reach their potential and lead undergo male circumcision. They new initiative without shame argu- learning. extra chromosome 21 is present in a life of dignity and independence. include the Samia, the Manyala and ing that culture is not static but dy- “We are requesting the different Con- The head teacher of Kiri- namic throughout the world. stituency Development Fund (CDF) com- every cell of the child’s body. the Bakhayo. mittees to consider increasing their fund- The society was holding the chu Primary School Mr Nicho- Recently, the Teso Community The two were speaking recently las Gathemia which has over 50 at Kakapel Resource Centre in Teso ing to schools to enable them provide the workshop to educate, inform and elders unanimously agreed to have necessary facilities. We are also calling on lobby for the advancement of the children infected said they have voluntary male medical circumci- North District during Teso elders parents and well wishers to contribute gen- people infected and affected by a shortage of teachers to serve the sion programme rolled out in the meeting convened to discuss the erously towards improvement of facilities the natural incidence. special unit. district. importance of voluntary medical both at primary and secondary schools lev- People born with Down syn- He urged the society to ensure The elders led by Mr. Moses male circumcision. els,” said the DEO. drome, a life-long condition have that the children are engaged in Omanyala and Mr.Ismael Masake According to research findings Gaicu also said that since the introduc- wide variations in intellectual jobs after finishing their schools. said it was in the interest of their male circumcision besides lower- tion of Free Primary Education in year abilities, behavioral and physical The society should also lobby community to launch the pro- ing chances of acquiring the HIV/ 2003, the four constituencies have received the Government to add more spe- AIDS, it also reduces chances of Kshs738.9 million. He also said that the development. gramme in the area. government had introduced Free Day Sec- The syndrome leads to devel- cial schools since they are very Mr.Omanyala, said that the pro- contracting the sexually transmitted infections among others benefits. ondary Education to improve the quality of opmental delays, learning disabil- few in the country. gramme will mainly target young education and raise retention rates. The Link, August 2010 NEWS 29 Eastern State to use ICTs in disaster management province leads By BRIGHTON KAZUNGU added that such information can be said. security and information manage- transmitted using ICT facilities. Internet Solution Kenya (IS) Di- ment, adding companies need to fac- in firearms THE government will incorporate He said the prolonged drought rector of Sales East Africa, Mr. Loren tor these in their planning process. Information Communication Tech- that ravaged the country last year had Bosh said the company had been He urged businesses in the coun- nology (ICT) in disaster manage- adversely affected the economy, add- involved in planning for disruptive try to keep up with the changing recovery ment, Information and Communica- ing that the effect would have been events and malicious sabotage. times and ensure that they are able to By PETER MUTUKU tions PS Dr. Bitange Ndemo has said. minimized if there had been prior in- He said it was imperative for meet their client’s demands regard- He said the information to miti- formation through the early warning businesses to invest in ICT particu- less of the goings-on in their environ- EASTERN province has the highest gate natural disasters can only be systems. larly with the coming into force of ment. number of recovered firearms and am- gathered if there is a dependable and “If we implement these ICT the East African Community Com- Internet solutions (IS) Kenya, munitions. proper ICT infrastructure. plans, we are able to quickly get back mon Market Protocol. which organized the forum, is a com- According to a report released by Mr. Ndemo says the Government on our feet and cushion the negative Mr. Bosh said the unprecedented munications service provider, deal- the government recently, 721 firearms wants to use the logistical informa- effect on the growth of our business- growth and development in ICT ing with infrastructure, band-width and support services. and 1,574 ammunitions were recov- tion it has to manage disasters. He es and the economy in general,” he posed other challenges such as data ered from the province followed by Rift Valley with 617 firearms and 627 ammunitions. By KAVYU-KURA In total the government has recov- ered 1,368 firearms, 2,461 ammuni- THE job of an assistant chief Mwingi Chief accused of tions and impounded 1,491,723 litres in Mwingi central district is on of illicit brew in the last one and half the line following claims that months through the Rapid Results Ini- he had impregnated a Second- impregnating school girl tiative (RRI). ary school girl. According to the Permanent Sec- The area District Commis- Kshs140,000 in compensation retary in the Ministry of Provincial sioner Peter Kinuthia says that Administration and Internal Security investigations were still ongo- for the damages caused to the Francis Kimemia, about 12,285 drug ing and that very soon action girl. trafficking suspects and 63 illegal will be taken against the assist- In the agreement dated May driving school operators were arrested ant chief. 30, the Chief had pledged to during the same period. “We are soon going to take pay the money to the girl’s The PS says the department also firm action against the assist- mother, Lena Muthui as ex- targets to prevent corruption, com- ant chief and the process is penses incurred in the financ- munity policing, crime reduction, already on course,” Kinuthia ing of the girls educations and disarmament, alcohol, drug abuse and told The link. for the upkeep of the yet to be trafficking management at the end of The DC spoke after he born child. 100 days RRI in August. received a letter from the Besides the Chief’s signa- Mr Kimemia who released a six Kyethani secondary school ture, it is also endorsed by four page summary report on the progress principal who sought his inter- village elders. The agreement realized since the launch of RRI in vention on the matter. written in Swahili indicates June says that corruption has in the In the letter addressed to the that the Chief would start pay- past tainted the image of the police ing the money as from August with reports compiled by Transpar- Mwingi District Children of- ency International ranking department ficer Jacinta Mwinzi and cop- 30. The Mwingi children officer among the highly corrupt institutions ied to the DC, the head teacher in the country. J. K. Waweru demanded that Jacinta Mwinzi said that upon receiving the letter from the He says in efforts aimed at ad- action be taken against an as- dressing the vice, the various depart- sistant chief in Wikithuki in school principal, he summoned the girl’s mother who gave her ments within the Ministry have devel- Mwingi Central district for al- oped corruption prevention plans and legedly impregnating the girl. the details about the case. “What is remaining is to codes of conduct to seal loopholes that The letter dated May 25 allow corruption to thrive. says in part: “The girl in ques- ensure that the affected girl records a statement with the The PS says that the Ministry will tion is my form two student. also handle affairs under the corrup- She has been away since open- police before the chief is taken tion prevention policy that is in the ing due to sickness. Investiga- Ms. Jacinta Mwinzi, Mwingi District Children officer. to court. We have incriminating final stages of development. tions have proved that she is Photo/Kavyu-Kura evidence as the Chief himself He says that the Ministry advo- once went pleading for mercy pregnant and the responsible illegal. Kindly accord her the agreement in which the chief cates that the giver and taker to be from the DC thus providing man is an assistant chief in necessary advice and assist- and the girl’s parents entered made to account for their actions in proof that he is culpable” said Wikithuki who wants the issue ance” into a pact in which the former order to win the larger war from grass- Mwinzi. settled traditionally which is The Link obtained a letter of has committed himself to pay roots to top levels of management. The PS further says that under the RRI, police who mainly feature in the Ministry of Internal Security are ex- pected to properly maintain records to avoid slow crime investigation and Census cash returned to treasury — Oparanya inefficient judicial framework of files disappearing and lazy staff that spur By JOEL JUMA ants indicated that majority of He spoke even as DCs from women did not have bank ac- Western Province complained that corruption. OVER Sh700 million meant for counts. they had not been paid their dues. In efforts to improve security, RRI payment to officers who con- The Minister was speaking at The administrators were speaking targets crime reduction through com- ducted the National Housing and Buchenya Primary School dur- during a meeting with National munity policing in all districts by 10 Population Census was returned to ing campaigns for the Proposed Tax Payers Association (NTA). percent before the 100 days are over treasury due to irregularities. Constitution. The Butere/Mu- They said they had not been under the leadership of Director Gen- The money was returned be- mias County Council Chairman paid their allowances despite tak- der, Children and Community, Ms cause the beneficiaries failed to Michael Keya and the area DC ing part in the exercise as chair- Beatrice Nduta. give accurate details regarding Seif Matata accompanied him. men of District Census Commit- The report says existing com- their bank accounts while others Oparanya said the Government tees. munity policing committees are un- gave conflicting names. has cleared payments for the po- The DCs wondered how they dergoing harmonization under police Cabinet Minister Wycliffe lice and members of the provin- could pursue the matter with the reforms implementation committees. Oparanya said banks were forced cial administration who took part Government. Organized gangs and vigilante groups to return the money because the in the exercise. He said the money The Upper Western Regional have been mapped out for eradication. names of the beneficiaries did not was wired to the bank accounts of Commissioner Peter Okwanyo in- The ongoing Dumisha Amani match with those in the approved the officers. dicated that he would pursue the 11 Disarmament Programme relies list. “The money was included in matter with relevant ministry to on police , administration police and “Majority of women gave the their salaries for the month of see how the officers can be paid. Kenya National Focal Point on Small names and bank accounts of their July,” added Oparanya. NTA Western Regional Co- Arms and Light Weapons (KNFP/ husbands,” said Oparanya, who is Oparanya accused District ordinator Martin Nabiswa said SALW) to facilitate the disarmament the Minister for Planning. Census Committees of causing projects worth million of shillings process. The forces have so far recov- Oparanya explained that over confusion as they hired excess have stalled due to poor planning ered 1,368 firearms and 2,461 ammu- 100 cases filed by the complain- staff in their areas. by MPs. Mr. Oparanya nitions. The Link, August 2010 30 NEWS Busia youth urged to Kitui residents want collect their ID cards bus park finished By NYAKWAR ODAWO MAJORITY of youths from the great- er Busia district are yet to collect their By PETER MUTUKU identification cards. The data recently obtained from RESIDENTS of Kitui have protest- the Busia district registrar of persons’ ed over delays in the completion of department has shown that a total of a bus park funded through Kenya 2,365 identification cards are still ly- Urban Development Programme. ing uncollected at different centres in The residents say that the project the District. which was initiated in August 2005 “The new identification cards have is still at the initial stages of imple- stayed here for several months as ap- mentation with the contractor doing plicants have not bothered to collect only 20 percent. them,” the registrar of persons, Mr. The residents led by a promi- Laban Magomere said, adding that nent businessman Wilson Muema, the applicants did not take part in the say that the project whose cost is referendum because they were not estimated at Kshs45 million has registered as voters. stalled. The district registrar of persons However, Kitui Mayor Alex further said it is an offence for a per- Mwendwa Munyoki absolved the son who has attained the age of 18 to municipal council from the blame be without an identification card, add- saying the project is being imple- ing that the documents are very im- mented by the government directly portant as they help identify holders through the Kenya Urban Develop- as bonafide citizens of this nation. ment Programme and the council “It is a serious offence for anyone has not been involved in any way. who has attained the age of eighteen The mayor told the residents to move about without an ID card, he that the Minister for Local Govern- said, adding that such persons risked ment Musalia Mudavadi had previ- being arrested and charged in a court ously intimated that the project had of law for failing to abide by the Reg- stalled due to lack of funds. istrar of Persons’ Act. “The minister notified us that The data further revealed that out the construction of the Kitui Bus of the uncollected ID cards, 897 were park together with many other bus for applicants from Busia municipali- parks in the country had stalled due ty,898 from Butula division, 231 from to lack of funds,” he explained. Matayos division whereas 339 were The mayor said that the minister from Nambale division. also revealed that the project will Kitui bus park which is funded through Kenya Urban Development Programme. The current data of registered vot- soon take off following the re-allo- ers shows that over 30,000 persons cation of funds for stalled projects The mayor said that the council and the Kenya Improved Settlement that the council had come up with have so far been registered in Nam- by the government in the new finan- had already awarded the tender for Integrated Programme (KISIP). plans to install sign boards to act bale division in the just concluded cial year. permanent dust-bins which he said Munyoki said through the as guidelines for visitors within the voter registration exercise. Munyoki at the same time will be in use within the town. KMDP and the KISIP, the council town. This translates to a sharp decline pointed out that engineers attached “The permanent dust-bins will will be able to buy fire fighting -en He added that the council plans as compared to over 70,000 people to the Kenya Urban Development be serving the public alongside the gines, construct drains and improve to repair roads and construct cul- registered in 2007, whereas in Butula Programme were on the ground to garbage yards that we have already its capacity in solid waste manage- verts within the town. division only 20,000 persons were certify what remains to be done. constructed in the town,” the mayor ment. He said the council is also registered as compared to 42,000 in The civic leader further an- added. The mayor says that the works seeking approval from the Lo- 2007. In Funyula division, a total nounced that the council will soon He further revealed that the Ki- which will commence in Septem- cal Government Minister to waive of 19,000 people were registered as embark on a project aimed at beau- tui Municipal Council is among the ber this year will entail installation outstanding debts on land rates to compared to 36,000 in 2007 whereas tifying the town. 13 municipal councils in the coun- of electricity at Kunda Kindu mar- enable plot owners to start paying in Budalangi division only 12,000 “We have already resolved to try that are slated to benefit from ket and the stretch along Kitui High rates to the council, adding that the people were registered as compared to replace the plastic dust-bins which development funding by the World School and Majengo within the Ki- council will repossess plots from 22,000 registered in 2007. were stolen with permanent bins so Bank through the Kenya Municipal tui town. people who fail to pay the rates af- A spot check at the Busia district as to clean up the town,” he said. Development Programme (KMDP) He at the same time disclosed ter the waiver. registrar of persons department has also established that about 400 youths who had applied for ID cards over a year ago are yet to receive the docu- ment that would have enabled them to Budalangi CDF committee on the spot participate in the referendum. Majority of the affected youths By NYAKWAR ODAWO Another Kshs 8.9 million projects, representing a loss of expressed concern saying they have was pumped into projects which 3percent of the total CDF funds been blocked from exercising their BUDALANGI constituency have since stalled, translating to allocated to the projects. constitutional rights by casting their development fund (CDF) kitty a loss of 11 percent of the total Addressing the public at Port votes in the referendum. allegedly lost Kshs28.5 million CDF allocation to projects in Victoria in Bunyala, NTA’s re- The registrar of persons said most in dubious and ghost projects the same financial year. gional coordinator recommend- of the identification cards are delayed during the 2006/2007financial The report revealed that ed that priority be accorded to due to the poor quality of the passport year. an additional Kshs4.9 million the completion of all stalled photos. According to a report card was not accounted for during projects. “This has in most cases forced released by the National Tax- the same period , representing Napisa also demanded that the headquarter to return the affected payers Association (NTA), a a loss of 6 percent of the to- the funds lost through dubious notification cards to the registration department concerned so that the ap- significant Kshs14.7 million tal CDF funds allocated to the projects be recovered while the was allegedly lost to non-exist- plicants may have their photos taken monitored projects. current CDF committee effec- afresh and forwarded back to the ent projects. Further, the monitoring and tively monitor proper imple- “This translated to 19 per- headquarter,” he explains. evaluation exercise undertaken mentation of the projects However, he appealed to those cent of the total CDF allocation during the 2007/08 financial He urged the national CDF whose identification cards had come spent on phony projects in the year established that a total board to process applications to collect them as a matter of urgen- period under review,” reveals of Kshs1.5million of taxpay- on reallocation of funds to ap- cy saying stern action will be taken NTA’s regional coordinator ers money went to waste due proved projects to avoid delays Mr. Ababu Namwamba: against those who have refused to pick Martin Napisa. to poor implementation of the in the implementation process. Area MP their IDs. The Link, August 2010 NEWS ANALYSIS 31 Evolution of conflicts in Kenya

By A CORRESPONDENT peace processes and participa- ONE of the long term causes of tion in regional peace and secu- the conflicts in Kenya is attributed rity initiatives. More recently, the to the colonial legacy, which is es- National Steering Committee on sentially historical but with rami- Peace Building and Conflict Man- fications in the post independence agement has not only developed era. It is a historical fact that the a draft framework for a policy on indirect rule administered by the conflict management but also for- British colonialists later turned out mulated a draft national policy on to be the `divide and rule’ strategy peace building and conflict man- which polarized the various ethnic agement. groups in Kenya. This in turn con- Strategic coordination amongst tributed to the subsequent incom- key actors has been lacking in patibility of these ethnic groups as conflict management and peace actors of conflict. building. Practical Action hope Kenyan districts have been that this policy analysis report and perpetually haunted by actual or its recommendations with specific potential ethnic conflicts. This is reference to an advocacy strategy partly because of the fact that dif- is a step forward in realizing a na- ferent communities continue to tional policy on conflict manage- consciously and subconsciously ment in Kenya. rely on ethnicity to perpetuate There is no national policy their dominance and control in on conflict resolution and peace an atmosphere characterized by building in Kenya. Apart from the scarce resources, fear and preju- draft terrorism bill, disaster man- dice. The explosion of ethnic con- agement (floods and drought) and flicts in this country is so wide- famine relief issues, there are no spread that there is hardly any existing functional frameworks region where the problem has not for conflict management. -Nev reared its ugly face. ertheless, the National Steering Committee on conflict manage- Nothing brings more fear and Security personnel take control of streets after the post election violence in 2007. Photo/File unrest in a community than con- ment and peace building initia- flict. Kenya was plagued by Post tives have come up with a draft institutions involved in conflict she has the purchasing power. The appreciate and cope with social Election violence in early 2008 national policy on peace building management should empower cit- proposed Constitution of Kenya and cultural diversities, without following irregularities during the and conflict management. izen for political participation as has this clause mentioned. Should conflicts. 2007 general elections. Thousands In addition to the fact that there and national integration which are the constitutions be passed and It is to note that knowledge were killed, hundreds of thou- exists no formal policy framework essential indicators of nationhood relevant amendments be made, the alone is not enough for good citi- sands were injured and even more for intervening in inter-communi- and stability. country will have begun to take its zenship, it must be combined with left as internally displaced per- ty conflicts, this report established Unfortunately, the leadership first steps towards equitable distri- attitudes which promote justice, sons and refugees. In as much as that in the past, policies have been in Kenya which is supposed to bution on national resources. peaceful co-existence and the in- the whole country felt the effects implemented with no regard for champion for the course have There is also need for Kenya evitable concept of interdepend- of the violence the regions that community local knowledge, their abandoned this crucial respon- to work out strategies for enhanc- ence between different ethnic were severely affected were the indigenous systems of governance sibility of socializing the youth. ing national language policies as groups. It should be an educa- Rift Valley, Western and Nyanza and natural resource management. Instead, they have resorted to medium of political communica- tion that equips the recipients Provinces. More often than not, policy mak- political propaganda which is the tion for all ethnic communities in with skills in such areas as criti- These provinces are home to ers are operating under conditions contrast of political socialization the respective countries. Although cal thinking, informed decision- a diverse range of tribes, includ- of market failure caused by fac- A youth forums should also be it is difficult to have a single lan- making and developing mutually ing but not limited to the Kikuyus, tors such as droughts, flooding created. The various institutions guage cutting across all the ethnic responsible and supportive social Kalenjin, Luhya, Kisii, Maasai, and civil strife. An understanding reviewed should create a forum boundaries in respective regions ties. This kind of education should Luo and have had flashes of con- of how demand and supply forces for political participation from the in Kenya,there is potential of en- provide the recipients with a com- flict since the beginning of the interact during such times is criti- grass roots to national and region- hancing a civil society of multi- mitment to becoming involved twentieth century when large – cal to the formulation of policies al levels. One of the many func- lingual citizens. personally and communally in scale colonial farming disrupted a for conflict resolution that provide tions of a youth forum is that is There must be an equitable and promotion of the above virtues of long standing ethnic equilibrium. for processes and programs that provides opportunities for groups transparent approach to recruit- public education. The Kalenjin and kikuyu particu- enhance and facilitate economic to learn from one another and to ment of the youth into the civil The International community larly have had ongoing conflicts growth, expanded trade, strategic plan common pragmatic strate- service and in all sectors dealing also plays a key role in conflict over land. Cattle rustling, land food stocks, commercial imports gies in conflict resolution and with the public. It is also the duty resolution in Kenya. An example encroachment, economic inequi- and poverty alleviation. There is peace building. Analysis reveals of every citizen in this country to is the partnership between the Eu- ties, and divergent cultural values need to look beyond the immedi- that crucial contributions of these put up a national frontage to mini- ropean Union (EU) and the Kenya have bred an atmosphere of dis- ate triggers of conflicts by formu- Youth programs can be fully real- mize the negative consequences government to promote peace, trust and feelings of victimiza- lating policies and economic blue ized of these groups continue to of ethnicity. security and development in the tion among rival tribes. Because prints that seek to improve house- work together and inside a main The various civil organizations region. The strategy provides for tribal identity and loyalty largely hold incomes, access to education institutional structure. in the region should also imple- a comprehensive approach to con- trumps Kenyan national identity, and social services especially in There is also need to enhance ment civic education programmes flict prevention that will tackle fellow citizens of different tribal marginalized pastoralist and rural equitable distribution of national within and outside the school sys- the sources of instability. It also backgrounds are often considered Kenya. resources. Kenya like other plu- tem. There can be no meaningful provides a political framework “aliens” or “foreigners.” Conflict management and ral societies has multi-ethnic development and any sustainable for concrete regional initiatives It is vital for a country to im- peace building in Kenya contin- and multi-cultural characteristics nationhood unless fundamental by the African Union (AU) and plement conflict management ues to face major challenges in the which pose a great challenge in issues which affect the essence of the IGAD (Intergovernmental Au- systems. One of these is politi- current national and regional envi- the expression of public interest. interdependence and peaceful co- thority on Development) to find cal socialization. It is through ronment. Instability in neighbor- Each ethnic group has its own ba- existence between different ethnic lasting solutions. In addition, it the process of socialization that ing states has resulted in increased sic interests or expectations which communities in Kenya are ad- provides the framework for struc- individuals or groups acquire cross border conflicts, rise of small may or may not conflict with dressed. Public awareness or civic tured dialogue between the EU knowledge, skills and dispositions arms and humanitarian crisis re- those of other ethnic communi- education is necessary for the and other countries on Africa as that enable them to participate as sulting in the loss of life and prop- ties. For the sake of nationhood, re-orientation of human resource well as acting as the main provider responsible members of ethnic erty. Institutional challenges such the leadership organizes resources development efforts. This type of development and Humanitarian groups and the entire society. The as the capacity of security forces and rewards in such a way that of education should include the assistance. process of creating social order is and other government agencies each ethnic group has increasing following special programmes: Kenya has experienced both essentially one of devising means to prevent, mitigate and manage expectations of gains. The basic peace education, human rights internal conflict, cross border con- whereby man’s innate drives can conflict remain despite the grow- needs of each group should be education, environmental educa- flict and experienced the effects be controlled for the sake of har- ing recognition by the government identified and harmonized within tion, multi-cultural education, of conflict occurring in neighbor- mony in the society. This proc- of the need to proactively address the national needs. This should be among others.The proposed form ing states. As a result, a number ess should help the Kenyan soci- conflict as a development issue taken as positive actions to equi- of education places emphasis on of interventions exist to address ety like any other society to curb in collaboration with other part- tably re-distribute the resources. the need for individuals to acquire conflict at community, national, potentially disruptive drives by ners such as civil society, private The land laws should be amended technical knowledge and skills regional and international levels. channeling them in socially ac- sector and development partners. to give a limit to the number of as well as develop the attitudes These measures range from dis- ceptable directions. The various acres one should own even if he/ which would empower them to trict peace committees, traditional Turn to Back Page The Read The Link monthly for news affecting communities LinkEnhancing governance for all across Kenya The Link, August 2010 What does the new constitution portend for the housing sector? month. By GIDEON OCHANDA “What the paper seeks to do is to regulate holding of land to en- HE capping of land leases at courage usage of held land other- 99 years and the establish- wise owners will pay high taxes,” Tment of a housing develop- said Odenda Lumumba, the nation- ment fund to finance affordable al coordinator of the Kenya Land houses in the new constitution will Alliance. hasten the capacity of the two sec- Land economists said the pro- tors to create national wealth, ana- posal is “one of the clearest ways lysts have said. forward” to addressing land owner- The devolvement of housing in ship and usage in Kenya. Kenya has been hampered by poor “What Kenya has done is just to policies, starving the economy of conform to the international trends estimated trillions of shillings and that limit land leases to 99 years thousands of jobs possible through and reversing the old mistakes. It a vibrant property development in- ensures foreigners do not own land dustry. for more than 99 years unless that Better land utilisation is equally land is used for the good of the peo- held back by poor laws that have ple,” said Mr Lumumba. seen millions of arable land that is The new constitution provides owned by speculators remain idle. that until communities are identi- Economists say unlocking the fied and their title is registered, potential of land through equitable community land shall be held by distribution and maximised utilisa- the National Lands Commission on tion could see Kenya end its peren- behalf of the communities. nial food shortages and improve The also provides for the estab- rural livelihoods. lishment of a housing development The twin issues of land and fund to enable Kenyans gain access housing are some of the most emo- to more and better housing. tive in the country, with conflicts The new constitution has prom- surrounding land ownership flaring A section the housing scheme. Photo/File ised “development and review” of into inter-ethnic clashes, a factor a national housing policy with a that has led to high risk profiling shall be converted to a ninety-nine that gave huge chunks of produc- veloped while millions of Kenyans view to increasing, regulating and of Kenya’s political and economic year lease, unless otherwise re- tive lands to foreigners then under live within it or out as squatters. maintaining the national housing situation. voked” after a period six months. the 999 year leases. The economic cost of under uti- stock. “The 99-year cap is a good idea Foreigners with freehold inter- This meant that the land would lisation of arable land in Kenya is Housing especially in the urban that means land will always belong est in any land in Kenya will au- only revert to the government, yet to be quantified but the focus areas is a major problem because to the State. More people can the tomatically forfeit that right to the which holds the land in trust for its has been on the agitation of high of the lack of adequate supply of have access to it and utilise it,” said Republic of Kenya to hold on be- citizens, after one millennium or land tax for land that is in individu- housing units which has raised Charles Otieno, Public Policy and half of the people of Kenya. after tens of social generations. al hands but is not being put in the prices beyond the reach of the mid- Governance expert at the Centre for Such as person will be given a The 999-years lease has created economic use. dle income earners, who apparently Governance and Development. 99-year lease at a peppercorn rent land barons and absentee landlords This concept is expected to be are in the critical need of houses. The new constitution stipulates (or symbolical low price) especially in parts of central Rift implemented through a sessional Kenya is estimated to have that “any interest in land larger than The development is a major Valley, Coast and Central prov- paper on land in Kenya that has housing supply shortage of 150,000 a ninety-nine year lease, by who- shift from the policy adopted ear- inces. been published by the govern- units every year, says the Kenya ever granted, held by a non-citizen lier this century by the colonialists The land has been idle, or unde- ment and will be gazetted later this National Bureau of Statistics.

warning signs, conflict transforma- tion involves shifting existing vio- lence into constructive dialogue. Evolution of conflicts in Kenya Non – violent modes of conflict From Page 31 resolution can then be applied to development. be Increased youth participation at Failure to listen means a failure achieve peace and prevent future These remain operational chal- In lieu of Preventing future con- all levels, including the political to meet the needs of stakeholders. conflicts through the use of early lenges manifested in the continuing flicts, there is a need to strengthen sphere where there is Youth repre- Conflict prevention involves warning systems. need to improve effectiveness and preventive measures. Educational sentation in parliament. This would addressing the structural sources Therefore, as we seek to ex- impact of ongoing peace building opportunities, including the teach- help put an end to negative feelings of conflict in order to build a solid pand character conflict resolution programs particularly the tradition- ing of peace and tolerance, should towards traditional authority and foundation for peace. Where those and peace maintenance strategies, al justice systems. The government be provided for all children, and in- governance structures. Media can foundations are crumbling, conflict keeping in mind that each region needs to realign its priorities and terim care centres should be main- assist in reconstructing trust by, for prevention attempts to reinforce has its own unique challenges,we resources to ensure that adequate tained for street children. Projects example, disseminating important them, usually in the form of diplo- should be prompted to tailor so- resources are generated for con- for which there is high demand, information to a wide audience matic initiative. lutions that address specific core flict management and peace build- such as the World Rehabilitation during elections. In addition, youth Conflict transformation and res- issues that affect certain commu- ing. The structural problems that Fund’s income-generating and oriented programmes should better olution work in conjunction with nities.Addressing the problem of fuel conflicts must be addressed skillbuilding initiatives (supported assess the effectiveness of meas- conflict prevention. While preven- conflict with education rather than through the realignment of priori- by UNDP and other international ures designed to address the needs tion entails maintaining peace be- more violence has brought hope to ties that recognizes the importance organizations) need to reach great- of their stakeholders—by listening fore and after violence by correctly many a countryman in Kenya. of peace and security in national er numbers of people. There should to them. interpreting and acting upon early

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The Link, August 2010 14 SPECIAL REPORT Moving from Old to New Constitution INTRODUCTION the relevant organs will have ap- propriately buttressed the Con- ONSTITUTIONS are stitution. The legislations are At the point of taking the vote on the 4th part of the numerous spread out to be done within one laws that exist to op- year, 18 months, two years, three August, many people might have had a erationalize govern- years, four years and five years Cments. In Kenya, the constitu- respectively. feeling that we were to have an abrupt tion exists alongside many laws that include Acts of Parliament, Within Year 1 end from the old constitution to a new inherited English doctrines, (i) Legislation on precedents from superior courts, Citizenship one. In this issue, GIDEON OCHANDA customary laws and the general l Procedure of how to be rules of International law. come a citizen brings to light what follows next. The new constitution just like l Rights and duties of the old one will ordinarily oper- citizens ate under the same environment. l Entry and residence in However it is important to note Kenya l Roles and Functions of labour relations Within 18 months that all other laws are subject l Renunciation of political parties l Environment (i) Legislation on Land to the constitution and the later Citizenship l Regulation of political l Use and occupation of l Revise, consolidate and prevails when there is any con- (ii) Establishment of Kenya parties land title to land rationalize land laws tradiction. National Human Rights l Accounts and Audits (ix) Code of conduct for l Revise sectoral land use In bringing into force the new and Equity Commission of political parties Judges of Superior Courts l Minimum and Maximum Constitution, Kenyans have suc- (iii) Establishment of Ethics l Restriction in use of (x) Vetting of Judges and private land holding ceeded in their part as a people and Anti-Corruption public resources by magistrates acreages but, the new constitution being a Commission political parties (xi) Election and removal l Land category radical departure from what has (iv) Legislation on Elections l Access to state media from office of the conversions been our history, is definitely not l Delimitation of and regulation of Speakers of the l Recognition and in harmony with most of the ex- Electoral units freedom to broadcast County Assemblies protection of matrimonial isting legislations and statutes. It l Nomination of (vi) Legislation on vacation (xii) Governance and home is therefore the latter that has to candidates of office: management of urban l Public land access and be systematically worked on to l Registration of voters When a member of areas and Cities review of grants/ be in tandem with the constitu- including those parliament is deemed to l Criteria of disposition tion. residing have resigned from his/ classification l Protect deceased persons outside the country her party or joined a l Principles of dependants holding Transitional Remedy l Conduct, Regulation political party from being governance interests on land The new constitution takes cog- and Supervision of an independent and management (ii) Procedure for removal of a nizance of the possible contra- Elections and (vii) Legislation for advisory l Participation by County Governor diction and has carefully opted Referendum committee on the power residents (iii) Legislation effecting to put a number of measures for l Electoral disputes of mercy (tenure, (xiii) Legislation on implementation of leadership continuity purposes. l Establishment of additional membership, Contingencies Fund and integrity in reference to Independent Electoral procedure and criteria) (xiv) Legislation on terms and vacation of office of a 1. Suspension of provisions: and Boundaries conditions for member of County It suspends the implementation Commission (viii) Establish other courts guaranteeing loans by the Assembly. of a number of its provisions. (v) Legislation on Political equal to High Court on national government (iv) Legislation to effect The provisions on representa- Parties l Employment and devolution tion, parliament, the national l Phased transfer (for not executive and the devolved gov- more than three years ernment’s are put aside until the after election of county general elections are carried out assemblies) of in 2012. The elections are none- functions from national theless to be carried out using the government to county provisions of the new constitu- governments tion. This means that the current l National government to political arrangement goes full facilitate the devolution of circle, parliament continues, so power is the Presidency, Premiership l Assist County and Local Authorities. Government in Building their capacity 2. Existing Laws: l Support County The new constitution allows for Governments the continuation of all laws in l Set criteria for counties existence, national rights and before functions are obligations until such a time that transferred they are systematically brought l Prompt devolution to into harmony with the Consti- counties tution. However, parliament is that have capacity mandated to enact a series of l Establish revenue legislations within specified time funds for County frame. Governments

3. A must legislations and time- Two Years lines (i) Legislations on grounds and Within a period of five years, the procedures for recall of new constitution contemplates Members of Parliament that parliament together with all A section of Kenyans que to vote for the new constitution. Photo/MosesMwangi before end of the term. (ii) To give effect to The Link, August 2010 SPECIAL REPORT 19 Moving from Old to New Constitution determination of question of membership to Parliament (iii) Procedure for petitioning Parliament by any person (iv) Procedure and ceremony for swearing in of a President (v) Regulation of the Judiciary Fund (vi) Legislation of Financial Controls Establishment, functions and responsibilities of the national treasury Expenditure controls and transparency in all governments (vii) Legislation to provide for functions, organization and administration of national security organs

Three Years (i) Freedom of the media l Establishing an independent Media Body l Set Media standards and regulate and monitor compliance (ii) Legislation to ensure that county governments have adequate support to enable them perform their functions (iii) Powers, privileges and immunities of County A section of Kenyans celebrates at KICC after it was declared by IIEC chairman, Mr. Isaack Hassan, that the ‘Yes’ team has won assemblies, their committees the referendum on the new constitution. Photo/Moses Mwangi and members

Four Years giving grant of right or Committee. on the Implementation of Constitution of (i) Consumer protection; fair, concession to exploiting This is a parliamentary the Constitution and Kenya Review Act, honest and decent advertising natural resources select committee relevant parliamentary 2008 (ii) Promote efficient (v) All other legislations responsible for committees to ensure the administration required the constitution overseeing the timely introduction Functions (iii) Protection, rights and welfare implementation of the and passage of the (a) Monitor, facilitate and of victims of offenses – fair (4) Immediate listed constitution. It is to do legislation oversee the development hearing reforms and among other things- (iii) Take appropriate action of legislation and (iv) Humane treatment of persons appointments (i) Receive regular reports on the reports including administrative l detained in custody or The Judicial Service from the Commission on addressing any problems procedures imprisoned Commission - 60 days the Implementation of the in the implementation of required to implement l (v) Legislations on environment Commission for the Constitution including the Constitution the new constitution vi) Accounts and Audit of Public implementation of the reports concerning – (b) Commission for (b) Coordinate with l entities Constitution- 90 days The preparation of the Implementation the Attorney General and l (vii) Legislation to effect values Commission on the legislation required of the Constitution the Kenya Law Reform and principals of public Revenue Collection - by the Constitution The Commission is to Commission in service 90 days and any challenges in be appointed in 90 preparing, for tabling in l The Chief Justice - 6 that regard days from 20th August Parliament, the l Five Years months The process of 2010. legislation required to l (i) Legislation in respect to Salary Remuneration establishing the new implement the culture Commission - 9 commissions Composition Constitution l l Communities receive months The process of The Commission consists of (c) Report regularly to the l l royalties and or Attorney General - 1 establishing the A chairperson and Constitutional l compensation for use of year infrastructure Eight other members Implementation l culture and cultural Controller and Auditor necessary for the The members of the Oversight Committee on: heritage General - 1 year proper operation of Commission shall (i) Progress in the l l l Recognize and protect Ethics and Corruption each county including Include persons implementation of the ownership of - 1 year progress on locating with experience in the Constitution l indigenous seeds and plant Supreme Court - 1 offices and assemblies public administration, (ii) Any impediments to varieties and use by year and establishment and human rights and its implementation communities transfers of staff government (d) Work with each l l (ii) Community land declaration (5) Organs to facilitate The devolution of Not include any person constitutional (iii) Land use benefit for local transition powers and functions who served as a commission to ensure communities and their (a) Constitution to the counties member of the that the letter and economies Implementation (ii) Coordinate with Attorney Committee of Experts spirit of the Constitution (iv) Classes of transaction in Oversight General, the Commission appointed under the is respected.