Category Archives: Constitution

KENYA: THE IRON LADY LOCKED OUT OF THE ODM GRASSROOT ELECTIONS THE BIG NAMES AND SEASONED POLITICIANS IN KISUMU FROM THE SUB LOCATIONS TO THE COUNTY LEVEL

Reports Leo Odera Omolo In Kisumu City

The just concluded Orange Democratic Movement {ODM} grass rots election in Kisumu County produced shocking and surprising results in some places while it also created happiness in other places.

From Nyakach constituency, also within the Kisumu County one iron lady did the impossible. She sent several big names within the region’s political circles tumbling to the ground locking the men from the sub-locations, locations, and district to the finish at the County level.

Grace Adhiambo Akumu had joined the election race as an underdog. There were big names who include former Minister, the sitting MP and former Chairman of Gor Mahia Football Club in the race.

She is the wife of a veteran trade unionist and former CXOTU {K} Secretary General J.D.Akumu, who was a two time MP for Nyakach. She managed to lock out of the party election the former MP for Nyakach and one time an Assistant Minister Peter Odoyo, the sitting MP Polyins Ochieng’ Daima and Eng. Evans Kodera who hails with her from the same Koguta sub-location in Nyakach.

MRS Akumu who has already declared her interest in vying for the Nyakach parliamentary seat in the forthcoming genera election won the position of the Women Orange Democratic at the Kisumu County ODM branch in the violence marred elections held at the Tom Mboya Labour College in Kisumu which saw some of the ugliest incidents.

During the violence orgies, the Nyakach MP Ochieng Daima was assaulted and punched by a civic leader from Nyakach and scores of people were injured in a knife attacks & fist attacks. Mrs Rosa Buyu from Kisumu West constituency won the chairperson of the ODM Women Democrat wing.

In Homa-Bay County, the branch chair was clinched by the Immigration and Registration of Persons Minister Otieno Kajwang’ in a controversial election carried out by consensus after delegates had sharply disagreed with the mode of the election. The Rangwe MP Martin Otieno Ogindo who had earlier been rescued from the attacks by rowdy youths forcing his personal bodyguard to fire in the air was named the vice chairman; while Karachuonyo MP Eng James K Rege was named the branch Secretary and the position of the branch treasurer went to Mrs Monica Amolo from Ndhiwa.

Mrs Benedater Yambo aka Nyaseme from Gwassi became the County Women representative while Mrs Patricia Ouma from Kasipul-Kabondo and another person Mourice Aguko Mayora Jamumbo was named the Assistant branch secretary.

The outspoken Gwassi MP John Mbadi was locked out of the race all along from the sub-locations level as was his Kasipul-Kabondo counter part Jseph Oyugi Magwanga.

Looking jovial, Mrs Akumu thanked the ODM members in Nyakach and also within Kisumu County and promised to deliver. She said she was grateful for that she had had come all along from the sub-location to the County level an indication that party members both men and women have confidence in her.

photo of Mrs Akumu

She said that while campaigning in her rural Nyakach, she had come to realize that most women folks do not understand what the meaning of the new constitution commonly dubbed “Women Katiba” due to the extensive inclusion of the gender issues therein the new document.

Mrs Akumu made a pledge that she would be consulting with the Ministry of Culture and National Heritage and some NGOs with the view to seeking funds for the translation of the new Constitution into various vernacular languages so that ordinary men and women could under stand what it says.

Akumu said she will thrive to work hard toward the empowerment of women economically and look for market outlets for the primary farm products.

Ends

Riot police use tear gas on Congo protesters

From: Judy Miriga

Folks,

There is need to urgently reignforce poll observers from European Nations as well to boost confidence, free and fair participation of fearful citizens.

Let us also Pray for Congo people and God to step in in a special way to save the oppressed.

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

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Riot police use tear gas on Congo protesters

Riot police used tear gas to disperse hundreds of protesters in the Congolese capital Kinshasa on Saturday November 26, as campaigning by rival groups drew to a close two days before presidential and parliamentary elections, Reuters reporters said.

There were bouts of rock-throwing between opposing supporters and brief bursts of gunfire, the reporters said. Citing local health and security officials, a United Nations source said at least one person had died but there was no official confirmation of the death or its circumstances.

President Joseph Kabila and two of his main challengers, Etienne Tshisekedi and Vital Kamerhe, were all due to hold campaign rallies within several hundred metres of each other later on Saturday.

The stand-off between riot police and protesters took place near the central Kinshasa stadium where Kabila was due to appear. There were no immediate reports of injuries.

It was the latest sign of tension in the run-up to Congo’s second presidential election since a 1998-2003 war, a poll which has been marked by opposition allegations of irregularities and concerns that voting arrangements will not be in place in time.

Despite a logistics operation supported by helicopters from South Africa and Angola, it is not clear whether all the ballot slips will have reached the 60,000 voting stations in the thickly-jungled country two-thirds the size of the European Union.

Commission Head

Veteran opposition leader Tshisekedi said he could accept a delay but only if the head of the national election commission, who he accused of having political ties with Kabila and turning a blind eye to alleged irregularities, was sacked.

“I would agree (to a delay) if that meant a more credible, democratic and transparent process,” the 78-year-old veteran opposition leader told French RFI radio.

“But one thing is clear: if we say there will be a delay, it is clear that the election commission cannot be led by Daniel Ngoy Mulunda,” he said, accusing him of having been a founding member of Kabila’s PPRD political party.

Mulunda, who will have the deciding vote if his commission is split on any election dispute, said this week he did not deny having been a member of the delegation that accompanies Kabila on foreign trips, but denied he was a founding PPRD member.

Tshisekedi alleged the existence on paper of fake polling stations to allow vote-rigging, an allegation which authorities have denied. His party also accuses Kabila of using state media and transport assets in the service of his campaign.

For many Congolese, there was a last-minute scramble to find out where they should be voting on Monday. Gervis Ilunga, a 44-year-old security guard, said he registered in one Kinshasa voting district but ultimately found his name elsewhere.

“In 2006, things were at least organised,” he said of the first post-war poll largely organised under the auspices of the United Nations. “It is not like that this time … There will be too many challenges this time.”

Under constitutional amendments signed off by Kabila this year the presidential vote will be decided in a single round, meaning the winner can claim victory without securing an absolute majority. Analysts say that favours Kabila against the split opposition.

Blessed with lucrative resources of copper, cobalt and precious metals, Congo remains plagued by poverty and insecurity, especially in its rebel-infested east where a simmering low-level conflict persists.

-Reuters

Kenya & Rwanda: THANK YOU FOR A JOB WELL DONE

from AKR|Association of Kenyans Living in Rwanda

Dear Fellow Kenyan,

The morning was bright and the sky clear as AKR members woke up early to celebrate the life of our Heroine through what she enjoyed doing – planting trees and conserving the environment. My poor estimate puts the number in attendance during the tree planting on Saturday 29th November 2011 at well over 2,000. The locals of Nduva cell, Nyacyonga came out in large numbers to join the Mayor of Gasabo and the Kenyans led by our High Commissioner to plant trees and bond.

The Chairman and the entire AKR Executive Committee deeply appreciate the role that members played in making the day a big success. It was a befitting send-off for a great Kenyan.

Many thanks to the following:

1) The High Commissioner and all staff, Kenya Mission, Kigali for gracing the occasion;

2) The Mayor of Gasabo District – for gracing the occasion and providing seedlings, site allocation and mobilization of the locals who attended;

3) Gregory Muli – Coordinating with Ministry of Forestry and the Mayor for seedlings and allocation of tree planting site;

4) Nation Media – for covering the event and attendance by staff;

5) David Ngaracu – Transportation of seedlings to the site;

6) KCB staff for participation;

7) Nakumatt for donating drinking water, transportation of members and staff attendance;

8) Group of Rwanda students in Kenyan Universities – for attendance;

9) Isaac of KQ and Muia of Serena for facilitating the site preparation;

10) Mount Kenya University for the transportation of AKR members and staff attendance;

11) James Kiarie – Transportation of hoes and spades to the site;

12) Hon. Mutava Musyi – for treating Kenyans to a sumptuous lunch and getting time to be with us;

We believe that those who missed out owing to various reasons were with us in prayers and they will be attending the next umuganda. Following request from the Mayor, we are planning for another tree planting session during the next umuganda that will be on November 26th 2011, at the same site. We shall give you more details on this in due course.

;;

Carol for chairman.

Kenya: Country to Hold Regional Infrastructure Meeting

from Judy Miriga

Folks,

The Status Quo, business as usual in total disregard of the New Constitutional order for Reform Strategy…..It has to be Their Way or No Way, the Old Constitutional way of the “Birds of the Same Feathers”, the Cartels way……No Way for New Constitution…….It is the Collition Regional and International Network of Special Interests “Public Kupe” Wheeler Dealer of “Intellectual Property Thieving”…….Cant you connect the dots….???

It is the reason there is no boarder police patrol in Kenya………exposing insecurity to local communities for thuggery……..MoU between Kibaki, the Ethiopian President, Raila, Moi, Ugandan President, Congo and Somali leadership. The reason too much killings, poverty, pain and suffering of public with stealing of public land, Natural Resources e.g. natural gas, Oil and Gas, cobalt, steel, copper, titanium, uranium, Gold and Diamond.

This should stop……….Life, however simple, is valuable and important. Must be treated with dignity. It is the reason why public vote for leadership to plan, budget and provide services in a shared balanced manner. If they cant do it the way majority public wants, they must be forced out by popular voice of reason and ultimately they must be rejected through public consensus ………..The Power of the People…….

Haya Connect the dots and Compare notes……….ask yourself why Kibaki loathe to work with official Kenya’s Armed Forces in the likes of Kenya Army, Kenya Airforce and Kenya Navy……….it is because their uniforms are being used by the Mungiki and Al-Shabaab marcinaries gang………….pretending to be Kenya Armed Forces………It is the reason why Kenya Police cannot be overhauled, even after National Reform and the New Constitutional Order to RESTRUCTURE THE POLICE FORCE, to weed the bad guys of Mungiki from the real Kenya Administration Police and Kenya’s Armed Forces…….

It is business as usual folks,……….Do your Math, it is as simple as 2 + 2 = 4

Thank you all,

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

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East African Business Week (Kampala)
Kenya: Country to Hold Regional Infrastructure Meet
Ngugi Njoroge
19 September 2011

Nairobi, Kenya — Kenya will later this month be host to a major high level investors’ conference that will seek to highlight ongoing infrastructural projects in the region thereby attracting investment.

The two day conference involving all the major regional trading blocks including Common Market for Eastern and Southern Africa, (COMESA), East African Community, (EAC) Southern African Development Community, (SADC), and Intergovernmental Authority for Development (IGAD) will take place in Nairobi between September 28 and 29.

President Mwai Kibaki will officially open the tripartite and IGAD development conference.

An estimated 33 relevant government ministries from the countries served by the Lamu, Djibouti, Northern, Central and Berbera transport corridors will attend with delegations expected from the ministries of Transport, Roads, Information, Energy and Roads among other minstries.

“The objective of the conference is to advance the highlighted projects toward feasibility and bank-ability allowing investors from the private sector, governments and donor community to finance such projects through institutional arrangements such as direct private sector investment, Public Private partnerships and public expenditure,” said Jason Kap-Kirwok the Kenya country director of TradeMark East Africa, a multi-donor funded agency which provides support for increased regional trade and economic integration in East Africa.

Kap-Kirowk said the conference hopes to attract an estimated Sh 2.7 trillion (US$ 3 billion) in investment capital towards priority roads, railways and ports infrastructural projects in the region.

Mr. Gabriel Kaunda the deputy chief economist, in the ministry of Kenyan Trade said the conference is highly critical coming at a time when the world is being faced by a global financial crisis which made donor financing of projects almost inconceivable.

“In the wake of such challenges regional governments are putting emphasis on regional financing solutions through the creation of meaningful partnerships and the conference will help us highlight on this,” said Kaunda.

Kaunda added that the conference would also help in exploring avenues for regional countries to expand their technical capacity to implement regional projects.

Borderless Kenya!

Uploaded by NTVKenya on Sep 20, 2011
http://www.ntv.co.ke

The government has often hastened to assure that Kenya’s borders are secure whenever there is a threat or attack. But are they really safe? Judging by the Merille incursions into Todonyang, not once, but twice in the span of two months, Kenya’s furthest flung borders are no safer than if there were no border at all. O ne border that the government claims is even closed is the Kenya-Somalia-Ethiopia border point, or border point one as it is famously known. John-Allan Namu has just been at that border point and reports on a wide-open space guarded by just a handful of police officers.

Comments

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I wonder what are kenyan and Ethiopians are doing there…And why is this reporter is saying no mans land while Mandera to garissa and Mandera to Jigjiga is Pure Somalia…i was born wajir i don’t consider myself as kenyan,I am somalian..My kenyan documents i just destroyed them five? years ago….people think i am crazy ..No I my grandparents were Born wajir ..They were somalis will always be somalis..My Grandpa left his somalian ID ..imagine wajir was Somalian country b4 colonies….

OMG Kenya lacks? seriousness.

sandezack 21 hours ago
i? wish ethiopian president was smart enough to take over kenya…i would be much happier being ethiopian than kenya…kibakis security polici is was than the watchy who used to guard our home

simbakafiri 1 day ago
This happens becoz we have the most useless president…I can’t wait for? that toad to get out of office next year…our country is really insecure with kibaki being in power..bure kabisa!

bethukip 1 day ago
@mytime81 if the kenyan government doesnt even take security seriously, i doubt they can? harness river water for food production.

Environmentalists warn against large-scale farming
Published on 17/09/2011

By LILIAN ALUANGA

Agricultural projects, changing climate and a rise in population are some of the factors being blamed for the drying of one of Kenya’s top fresh water wetlands.

Known for its rich diversity of birdlife, wild animals and plants, the Tana Delta wetland is home to thousands of pastoralists, farmers and fisherfolk whose livelihoods depend on activities that are supported by this ecological feature, which is now at risk of being turned into one huge farmland.

At Dide Waride, a wetland area, Hussein Gona is worried that herds of the pastoralist Orma community in the area may not have enough pasture this season.

Gona is standing on a dry portion of land and points to hundreds of cattle, sheep and goats scattered across hundreds of acres of land.

“Usually, during the rainy season, goats can stand in water that is chest-deep,” he says. When the rains subside the area becomes an important dry season grazing site for hundreds of thousands of livestock.

Frequent droughts are, however, posing a new challenge as herds of livestock that are not resident to the area converge in the delta.

“Herders are coming from elsewhere to graze their cattle here. They are coming from as far as Ethiopia, Garissa, Wajir, Mandera, and Bura. If this is not controlled we will not have much left for our livestock,” adds Gona.

“All the water is gone. I blame irrigation projects in this area to some extent, because I believe they have sucked the area dry,” he says of the now seasonal wetland.

In Salama location, farmers are blaming the canals and dykes constructed in the 1990s to support irrigation projects in the area.

Ox-bow lake

There is talk that a good portion of land that was converted into farmlands was once part of the wetland.

“Flood waters had natural channels through which they would flow into the wetlands,” says a farmer in the area. The waters often provided good breeding grounds for fish and other aquatic life.

Along the shores of Lake Moa, fisherfolk are counting their losses as a result of dwindling fish stocks in the once raging waters of the Tana that fed the ox-bow lake.

“It is not the same anymore. We now have to seek other means of survival like doing odd jobs in surrounding villages,” says Joseph Otieno.

Also at risk are the dozens of bird species, hippos and crocodiles dependant on the Tana’s wetlands. There are said to be over 300 bird species, which include the endangered Basra reed warbler and Tana River cisticola. Other species are ibises, herons, kingfisher and pelicans. The wetlands also support mangrove forests, grasslands, marshes, woodlands, lakes and bushland.

At the edge of Mpeketoni village in Ozi location, a section of the land on which mangrove trees stands looks dry and cracked.

“This is just a fraction of what is really going on here,” says Omar Ngama.

Salinity in the area has been attributed to a rise in sea level, which some environmentalists link to global climate change. But there is also no denying that the forest has not been spared degradation.

Back in Dide Waride, Gona is musing over the fate of herds that now have to walk dozens of kilometres in search of water and pasture and the effect this may have on their market value and productivity.

“Over 60 per cent of the meat in Mombasa, Malindi and other areas in Coast Province is supplied by these herds. If they die then that supply is also cut off,” he says.

Gona, like many other pastoralists, is not too keen on farming and projects geared towards it.

“We have seen irrigation projects started here. They come and promise us jobs and a better life, but in the end we do not benefit,” he says.

Plans to put thousands of hectares under crops like sugarcane and others geared towards the production of biofuels are worrying environmentalists, who insist the delta must be protected at all costs.

Says Prof Odada of the University of Nairobi: “Some of these crops require a lot of water and we must think critically about the effects of growing them in large scale in a wetland area.”

Kenya: Public Court ruling: Elections controversies Sept 19, 2011

from Judy Miriga

From: Cyprian O NYAMWAMU

We have considered the cabinet’s reasons and objectives for attempting a constitutional amendment to 1) change the date from the 2nd Tuesday of August to the 3rd Monday of December; 2) to provide for a formula to meet the 2/3 gender threshold that the constitution provides for in Article 27 (8), Article 81, 97 and in other areas; 3) we have also considered the national acrimony surrounding the work of the IEBC commissioners’ selection panel.

On the first matter we have ruled as follows:

The amendment to the constitution to change the dates from August to December in effect gives the President, the Prime Minister and the MPs a new term which is unconstitutional and even this was to be done constitutionally, a referendum will have to be carried out after this proposal has been lodged with the Constitutional implementation commission in good time. Before a referendum is carried out, three months will be required before the vote is taken. This amendment is dangerous and divisive as much as it is corrosive to the integrity and spirit of our constitution. The sovereignty of the people and the supremacy of the constitution must be treated with the Majesty they are constructed with.

The reason provided by the cabinet: that Kenya lacks preparedness for the elections due to a short period of time between now and August next year is speculative and self serving. There have been deliberate maneuvers by the executive and parliament aimed at delayed the rolling out of the election road map. The IEBC Act took very long to get the President’s assent. All the delay tactics have been obvious. Kenyans can not grant politicians their devious wish. We therefore declare this reasoning unfortunate and reject the change of date. It is hereby directed that elections be held as is stated in the constitution, August 14, 2012. What has to be done can and must be done to have the elections on this date. Yes, we can delineate the boundaries, register voters, dissolve parliament, nominate candidates and hold elections with six months leave alone the eleven (11) months available to us as a nation till August 2012.

The second reason that has been provided being that the budget cycle shall be disrupted is administrative and the simple answer we offer is that the cabinet advised by the ministry of finance must find a way of aligning their administrative challenges to fit into the constitutional provisions. The constitution of Kenya was written by Kenyans who were high on alcohol so that we now behave like the alcohol is gone and we have woken up to some contingent reality that requires alteration. The date must stay as is and Kenyans have directed that their servants do the needful.

The public court remembers that the reasons why August was chosen and not any other month was because December was found to be very expensive socially because it was disruptive to the family development interests as well as the problem the weather adversities of December pose which make very many places inaccessible and perilous. These reasons are valid now as they were when we voted in the referendum to accept the constitution.

On the matter of the 2/3 gender imperative, we find the proposals attractive but problematic. First of all Kenyans specifically asked cabinet ( through their memorandum to the cabinet sub committee on gender thresholds) to demand that political parties develop party lists of women who shall become MPs once the elections are conducted. The cabinet proposal is that elections be held then parties be asked to nominate women in proportion to party strength in parliament to fill the required number to meet the 2/3 threshold. Cabinet is setting up women. The idea was to ensure that party lists are prepared in advance of the elections so that Kenyans vote for parties which provide a strong list of women MPs. MPs from party lists are actually elected alongside other MPs and they are therefore not nominated. There is a whole ocean of a difference between nominated and elected women MPs.

Let us also explain as follows: there are persuasive formulas that can and should be used to ensure that the 2/3 gender threshold is met without amending the constitution. Amending the constitution as proposed by cabinet will increase National Assembly MPs to beyond 400 from the current 222 which is problematic. One of the formulas which found favour with the IIEC was the 25% formula where a quarter of the constituency would be gazzeted by the IEBC as gender constituencies. Using this formula, within 20 years (or four elections) all the 290 constituencies shall have each elected a woman MP (elected is the key word here) and the affirmative action provision shall be retired unless men face the danger of being less than 1/3 of the national assembly. This formula was opposed out of fear and out of arguments of its unconstitutionality which were both false arguments. The cabinet should embrace this formulae and provide for it so that we meet the 2/3 threshold on gender without amending the constitution.

The public court is concerned that political parties that have lofty gender policy statements in their manifestos like PNU, ODM, Safina, Narc Kenya have allowed their MPs in parliament to vote or act against party policies on gender. Yet these parties are funded by the taxes of Kenyans including taxes contributed by women as citizens of Kenya . The registrar of political parties needs to wake up and hold these parties accountable. The CMD-Kenya should institute a strong motion with the Registrar to move her to act in the interest of the tax payers of Kenya .

To the last matter as regards the selection of the IEBC commissioners. The public court is disgusted by the most irresponsible utterances by the Vice President, the Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto among a host of public officials who have made statements against the work In progress that the Selection Panel headed by Dr. Ekuru Aukot is currently undertaking. These officials are basically telling the President and the Prime Minister that they do not have confidence in the Panel that the Principals and the National Assembly constituted.

This is how we then propose that this matter be resolved: Since these officials clearly have people in mind who they think must be in the IEBC shortlist for it to be fair, they should name them publicly. Once they name them, the Panel should be disbanded and Kalonzo should be made chair of the new selection panel with Uhuru and Ruto as his deputies so that they can constitute a panel that they are pleased with which we Kenyans shall then reject and ask Dr. Aukot and his team to finalize their work and forward the names to the self same MPs to consider in Parliament.

In short, these public officials are loose canons who simply can not wait for their turn. When the vice President says that they can not accept the 2012 election to be rigged in 2011, he is simply saying that in fact the 2007 election was rigged by Kivuitu’s ECK in favour of Mr. Mwai Kibaki because 21 out of 21 commissioners in that commission were Kibaki’s cronies at the ECK. But what shocks more is that Mr. Musyoka does not think that it is the people of Kenya who will vote in 2012 and not the commissioners. We Kenyans are never going to let a commission to rig an election in this country. We shall deliver all the commissioners to the Judiciary and have all of them jailed for good. This is the 2nd republic and the rule of law shall be the hall mark of all governance process include the electoral process in Kenya . The incitement by Mr. Musyoka must not be left to go unchecked. The Public court therefore calls upon the National Cohesion and Integration commission to immediately issue order in writing to the Vice President to caution him.

For the Public Court ,

Mtumishi Cyprian Orina Nyamwamu
Chief Executive Officer
The National Convention Executive Council

Kenya: NYANZA COUNCIL OF CHURCH LEADERS PRESS RELEASE

from Bishop Dr. Washington Ogonyo Ngede

PRESS STATEMENT FROM NYANZA COUNCIL OF CHURCH LEADERS
COMPRISING OF 200 CHURCH DENOMINATIONS, DO ACT ON
HON. WILLIAM KABOGO’S STATEMENT ON STAR NEWS PAPER SEPTEMBER 14, 2011

WE as the Church Leaders in Western Kenya, Do condemn in strongest terms the outdated tribalism outburst from HON. WILLIAM KABOGO – JUJA MP using a Kikuyu adage, to attack RT. HON. RAILA AMOLLO ODINGA, he cautioned the Voters saying that “If Leadership is taken to Nyanza, they should be prepared to be visiting Nairobi holding their identity Cards with their mouths”.

Hon. William Kabogo has not read the Political History of Kenya, Hon. William Kabogo should know that when Colonial Government restricted Kikuyu Community not to step their foot in Nairobi in 1957 – 1960, it was the late Jaramogi Oginga Odinga, late Tom Mboya and the late Argwings Kodhek, are the people who liberated Kikuyu Community and removed the plate identification that were given to Kikuyu Community.

In the present Kenya with the New Constitution, that our Leaders H.E. HON. MWAI KIBAKI AND RT. HON. RAILA AMOLLO ODINGA spearheaded, and now we have a New Constitution.

WE don’t need Political Tribal inciters; we are in a new Kenya, let us use the language Kenya, NOT KIKUYU, LUO, KISII, LUHYA, KALENJIN, KAMBA, MASAI, GIRIAMA, DIGO OR SOMALIA, let us bury the language of OUR OWN. We want a Kenya where people can live as brothers and sisters.

In Nyanza we have all business Kenyan Communities with Kikuyu being the majority, and we have no problem with them.

Let us choose and vote for a leader who is a reformist, who can unite Kenyans and take Kenya to a New Level of prosperity.

God bless Kenya.
Signed By: –

BISHOP DR WASHINGTON OGONYO NGEDE. H.S.C.
CHAIRMAN: – NYANZA COUNCIL OF CHURCH LEADERS

Kenya: Devolution: Guidelines for the counties

From: Judy Miriga

Folks,

If the publication vandalized by “hired goons” was on a “comprehensive story about the Kenya Revenue Authority” it means the hirers are against and want to delay the Devolution implementation of the Constitution, this is a clear straightforward meaning.

Like before and as they were against the Referendum and the New Constitution, it was hell and it remains to be hell………

Given their corrupt gene, how do they claim Kenya is well placed, or ready to utilize these big funding, where are they going and who is going to service these funds and how will they be accounted for, yet still, who will pay the Debt deficit ……. for such IMF, World Bank funding including new tapping into more than Sh13 trillion (£90 billion) investment funds held by UK’s financial institutions for Kenya. How will the Transparency and Accountability take these into consideration to safeguard Public Interests.

People, these are some of the reason life is getting more difficult for common mwanainchi…….The MPs must close-up these wheeler dealer backroom deals……….This and many other are the reasons I am unhappy with Kibaki and PM Raila…….

Kindly read the Devolution Document and see how it has been cooked in WAKO’s Office, the reason why Wako has been so rewarded……….This is why we cannot keep Kibaki and Raila, they both must leave now so we can do a proper implementation of the New Constitution………..After reading, you will be very sad.

They both have blackmailed Kenyans, a serious crime which must not be taken lightly…….ICC Hague is where they both belong………

We want to know specifics of what and where these monies going, so public are now swindled…… somebody somewhere have cut a deal, expecting this money to flow into their private pockets and then the public is left with the burden to pay what they do not understand……..

People, have your priorities first top in the Agenda…DEVOLUTION IMPLEMENTATION FIRST, then others will easily follow……..as every county will bring forward their BUDGETS to match with their needs, development projects, infrustructure etc.,

Keep a good fight, we are here to back all of you up……..we are in a race toward a finishing line, but we must not give up even if the going gets rough……..As REFORMISTS, We must stick together to the end………..

They have begun to get gittery, they cant stand the heat of the TRUTH………keep on exposing them and I will “TOBOA”…….

Though, Kibaki and Raila must leave now…….THEY ARE BOTH PRESCRIPTION TO DOOM AND CHAOS COME 2012…..

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

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Kenya: MP Condemns Raid On Publishing Firm
Alphonce Shiundu

9 September 2011

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The founder and publisher of one of Kenya’s boldest publications, the Nairobi Law Monthly, has condemned a raid on the magazine’s offices.

Addressing a news conference in Parliament Friday, Imenti Central MP Gitobu Imanyara said the raid had all the hallmarks of one carried out by “hired goons” and that it resonated with the 2006 raid on the offices of the Standard newspapers and the Kenya Television Network.

“Every indication is that these were not common thugs,” said Mr Imanyara about the 2am raid in which guards were beaten and office equipment like computers vandalized at the magazine’s offices in Nairobi’s Parklands area. He said that if the “thugs” were after computers, then they’d have raided a computer shop and not the publication with just a handful of the machines.

He termed it as a “carefully planned operation” where not only were the guards neutralised, but also the closed-circuit television cameras were disabled.

Mr Imanyara revealed that the publication was working on a “comprehensive story about the Kenya Revenue Authority” but went ahead to explain that neither him nor the publisher had any evidence to link the raid to “any story or any individual”.

The MP said that the raid was “identical” to the similar raids carried out by the government back in the day when he was the publisher of the magazine. He noted that the current publisher, Mr Ahmednassir Abdullahi, a renowned lawyer, scholar and commissioner in the Judicial Service Commission had received threats and following the raid “he is convinced that this is not a normal crime”.

“Whoever raided the premises is sending a chilling message that censorship is much alive in Kenya. But the publisher has assured me that no amount of threats will stop him from publishing. There may be delays in the next issue which was expected later this month, but they’ll continue to publish,” said Mr Imanyara.

The lawmaker said the publication, which has broken stories about major scandals in the country and fearlessly exposed malfeasance in the corridors of power, had now become a target by the anti-reform forces that are against the implementation of the Constitution

“This is a sad reminder that the process of implementation of the Constitution remains a priority. As we enter the political phase of campaigning, every Kenyan must be vigilant to ensure that press freedom is protected,” said Mr Imanyara. “This may be a small publication, but a threat to any media outlet is a threat to press freedom.”

The MP expressed doubts that Kenya’s police had the capacity to investigate the raid saying their record at investigating such raids had not shown any commitment to bringing the culprits to book.

“While it is true that the police were at the scene this morning, we must remember that they also visited the scene at the Standard Group I&M offices five years ago…we do not want their antics of creating an appearance of investigation,” he said.

“Given their track record, there are suspicions that they’ll not conduct proper investigations or that this is a cover-up”.

Kenya: Kangu Says Civil Servants Hurdle to Devolution Process
Ibrahim Oruko
9 September 2011

Civil servants are the greatest impediment to the constitution implementation, the chairman of the Taskforce on Devolution Mutakha Kangu has said. Kangu singled out technocrats at the treasury for “resisting implementation” and “bringing about trouble” in the drafting of a law to provide for financial autonomy for the county governments. He warned of a possible “macro-economic instability” if the revenue allocation is skewed.

He also threatened to go to court to challenge the constitutionality of the Finance Bill should the views of the taskforce be ignored. Kangu however said some of the problems are due to misinformation. He said some civil servants are “refusing to learn”.

But Albert Mwenda, an official from the Treasury who represented the PS Joseph Kinyua, refused to be drawn in the debate. He said the establishment of the devolved government will not automatically lead to effective use of resources.

A common understanding of what and how revenue is to be shared is at the heart of the hot war between the Treasury and Ministry of Local Governments.

The Treasury wants to micro manage all county governments in as far as finances are concerned arguing that the expected devolved do not have the necessary technical capacity to deal with the huge resources that are to be devolved. But the Kangu-led taskforce, and by extension the ministry of local government reject that position terming at as unconstitutional.

The way out of the standoff between the two sides lies in dialogue and consultation, said Kangu and threatened to go to court if the Finance Bill is passed by parliament.

The two were speaking during a roundtable discussion on devolution organised by the National Cohesion and Integration Commission (NCIC) in Nairobi.

NCIC vice chair Mary Onyango set the stage for the discussion when she warned that devolution is the last frontier for future conflict, yet little was being done to engage the people. “NCIC has flagged devolution as the key driver to future conflict,” she said, while but also “assured that it could be attractive if well handled and managed”.

Kangu said the process of sharing resources must be anchored in law and not controlled by one level of government, noting of risks of “macro economic instability” if the national government insisted on controlling the sharing process.

Civic leaders allege corruption at council Row over devolved funds heading to court

Row over devolved funds heading to court
By Felix Olick

The Task Force on Devolution is threatening to take the Treasury to court over the Public Financial Management Bill.

Task Force chairman Mutakha Kangu accused the Treasury of being “anti-devolution” by introducing laws that give it immense powers and allow it to consolidate financial resources.

Mutakha said the Bill would not allow Kenyans to realise the true meaning of devolution, arguing that the Treasury would retain the powers to determine the amount of revenue remitted to the counties.

“The Treasury has not gotten it right from the conceptual level. They say we do not understand finance but our position is that they need to integrate their finance in law,” argued Kangu, adding that county governments were real and those not accepting that reality had not understood the Constitution.

Usurp autonomy

However, the Treasury Advisor Albert Mwenda maintained that the Government was not keen to usurp the autonomy of counties but that the National and county government could not exercise similar powers.

He said that county borrowings must be subjected to scrutiny, arguing that without supervision, counties were likely to misappropriate funds.

Former Committee of Expert’s member Otiende Amollo citing Chapter Eleven of the Constitution maintained that counties’ authority was vested in their executive committees and interventions from the National government should be limited.

Otiende said the Constitution does not subordinate county governments since they are autonomous.

Speaking at the Silver Springs Hotel in Nairobi yesterday, Mutakha said that tax collection in different counties would be skewed and financial aspects should be designed to ensure equitable sharing of resources.

The roundtable discussions were convened by the National Cohesion and Integration Commission, which raised the red flag that devolution could be a potential trigger for violence.

Devolution: Guidelines for the counties

Published on 12/07/2011
By David Ohito

To be a governor in a County Government, one may be required to produce a first degree and members of County Assemblies a Form Four certificate.

Those holding leadership positions in County Governments must also produce certificates of good conduct and criminal-free record from the anti-crime agency. The shape of the new political system took shape as draft laws guiding structures and leadership requirements for Kenya’s 47 counties were made public. In the far-reaching proposals, the team wants about 1,500 wards spread over 175 local authorities to be abolished or merged in order to make economic sense.

The Task Force Task Force on Devolved Government (TFDG) — set up to guide the country on the devolution platform — is also proposing reduction of the number of councillors from 3,465 to 2,000, and capping number of wards at 1,625. It is also advising that each of Kenya’s 290 constituencies have a minimum of three and maximum of five wards in each of the 47 Counties.

Local Government minister Musalia Mudavadi unveiled the Six Draft Bills that in letter and spirit constitute a transformation in how Kenya will be governed once county governments are in place in conformity with the Constitution promulgated last August.

The Task Force chaired by Dr Mutakha Kangu also makes radical proposals on ethical and moral standards required of leaders in counties and outlines strict financial management rules to ensure corruption that is pervasive in central government is not also ‘devolved’ to the new units.

Pillars for counties

The Drafts set out the main pillars for counties, including governance structures and provision of services, which will help achieve efficiency and empower the people’s involvement in decisions that affect them.

In the rules proposed in a memorandum to be packaged with the Elections Bill, Governors will undergo strict vetting and satisfy leadership and integrity standards set out in Chapter Six of the Constitution. They must also satisfy educational, moral and ethical requirements prescribed by the new laws.

The Task Force appointed last October has been working out laws, some of which will guide the 2012 General Election in regard to offices falling under County regimes.

In its report the task force revealed that during County consultations, “Kenyans expressed the view that a first degree from a recognised university, and knowledge and experience of not less than five years in relevant disciplines in private or public sector are required.”

Candidates for Governor’s posts will be expected to provide original copies of certificates of clearance from the Ethics and Anti-Corruption Commission before being cleared to run for office.

Governors can be impeached before expiry of their terms when they fail to perform in the same way the President can be removed under Article 145 of the Constitution.

The memorandum reads: “If the leaders are not accountable or misbehave, they ought to be removed from office. The taskforce proposes that impeachment procedure in Article 145 be replicated in the Elections Bill 2011 to enable impeachment of the Governor.”

Leaders will no longer impose ideas and projects on the people. There is a provision for citizen participation in County governance through access to information.

Citizens would have the right to petition and challenge decisions, host local referendums and demand provision of County communication framework and infrastructure.

The new boundaries of the wards that would survive have been forwarded to Commission on implementation of the Constitution (CIC) for inclusion in the Independent Electoral and Boundaries Bills (IEBC) so as to be part of next year’s election.

The IEBC shall review the names and boundaries of wards that would exist in next year’s election alongside those of constituencies.

During the unveiling conference, Mudavadi said: “We are looking at giving the country the best services. The Bills spell out duties and obligations leaders and citizens have. It marks the process of debates which will refine the laws as we strengthen proposals into Acts of Parliament to be adopted by Parliament,” he explained.

Envisaged

“The Taskforce interrogated the Constitution, consulted with the Kenya people and drew lessons from the best practices of the world to unbundle the devolved government envisaged in the letter and spirit of the Constitution,” said Mudavadi who is also Deputy Prime Minister.

TFDG’s proposed laws include the Draft Devolved Government Bill, which sets out powers and functions of County government and the qualifications of County Assembly members, its Speaker, Deputy Speaker and County Cabinet. The Governor will provide general political guidance over fiscal and financial affairs of the county.

Each county will seek to establish the position of County Chief Secretary who will head the Public service.

Another crucial Bill under the devolved system is the Urban Centres and Cities Bill, which provides for classification and establishment of urban areas, governance and management of cities and urban areas within the counties.

Generate revenues

The Bill spells out drastic changes in the management of urban centres. Cities and urban areas are seen as centres of economic activity to generate revenues for the County government. These arrangements are provided in the Intergovernmental Fiscal Relations Bill, County Government Financial Management Bill, and Transition to County Government Bill. Urban and city areas will be decentralised units of, and answerable to, County governments.

The TFDG also published the Draft Inter-governmental Relations Bill, which establishes a framework for co-operation and consultations between National and County governments and among County governments themselves.

It spells out mechanisms for consultation and co-operation between County governments and other State organs such as National Assembly and government officers.

The team also drafted Intergovernmental Fiscal relations Bill, whose highlight is how to ensure that the principle of Devolution is practised by National Treasury and therefore protects County governments from being financially muzzled.

Another crucial Bill whose details would be availed today (Tuesday) is County government Financial Management Bill, which is different but complimentary to National Financial Management Bill.

Rush to enact devolution laws
By LUCAS BARASA lbarassa@ke.nationmedia.com
Posted Monday, July 11 2011 at 20:28

Parliament was on Monday urged to extend its sitting hours to pass key Bills that will bring into force the devolved units of government.

Deputy Prime Minister Musalia Mudavadi said the timelines set for the enactment of the laws was too short for the MPs to pass six key laws on counties.

Parliament which can now set its own calendar, said the Local Government minister, should hold sittings on Tuesday and Thursday mornings — and even extend sitting hours.

“Parliament needs to finish three or four Bills in a day,” Mr Mudavadi said.

Devolved units

He was speaking in his Jogoo House office as he received a report of six Bills from a task force he set to provide legal guide to bring into force the devolved units.

MPs, he stated, should further give priority to “essential” Bills as others follow systematically.

He said the drafters of the Constitution were too ambitious when they gave the times but expressed hope that they would be met.

A task force headed by law lecturer Mutakha Kangu has proposed draft devolved governments Bill to define how county governments work, structures, qualifications of office holders and levels of further decentralisation.

Draft urban areas and cities Bill gives details on the criteria used for classification of urban areas and cities and how they will be managed in context of the county government.

The intergovernmental relations framework Bill establishes how different levels of government relate and resolve dispute.

The inter-governmental fiscal relations Bill establishes sharing revenue between county and national government and forms inter-government budget council.

The draft county government financial management Bill establishes control of borrowing and ensures prudent financial management by county governments.

The draft transition devolved government Bill seeks to establish a transition body that will lead to smooth transfer of powers and functions from national government to the counties.

The Bills which were handed over to Mr Mudavadi and permanent secretary Karega Mutahi will be forwarded to the Commission for the Implementation of the Constitution and Attorney general’s office before being tabled in Parliament.

The task force established in last October to undertake extensive consultation with the public and stakeholders to produce policy document to form the basis of implementation of devolution, has collapsed the Bills from the proposed initial 13 to the six.

Mr Mudavadi was confident MPs will be ready in time to ensure realisation of devolution as enshrined in the constitution.

“We are within time as the transition chapter stipulates that the devolution laws must be ready 18 months after the promulgation of the constitution so the committee has brought forward the laws just within one year,” he said.

The counties will have their own civil servants. The new civil service at the county level, however, will smoothly relate with the National Public Service.

An office of county secretary is to be established to guide employment in devolved units.

Kenya: Police Reforms Are Now More Urgent …… Because of Kibaki & Raila Incompentency

from Judy Miriga

Folks,

Kenya is now not safe at all….It is because of Kibaki and PM Raila incompetency…..

Many people suspect the Police force, the Mungiki recruit may put Kenya into another quagmire…..since the Police Overhaul Reform according to National Reform Agenda Agreement was not done as required.

With Wetangula outspoken of continuous collaboration and working with Gadaffi is possing more danger specifically so that Gadaffi has declared total guerilla war with the Transitional National Council of Libya……..We are worried Gadaffi’s wealth in Kenya could be used for assault since Wetangula’s outburst that Gadaffi’s wealth are safely Kept for Gadaffi………We are worried because of many roumers that was out before stating that Kenya, Uganda and North Sudan sent Marcinaries to help Gadaffi……..two plus two is equal to four……..could these funds be used to pay off the Mungiki’s, Al-Shabaab and the Somali Pirates working in cohort…….???

If Wetangula is not thoroughly investigated, we are all in for a rude shock and more surprises…..Wetangula’s Foreign Special Interests connection on behalf of the Coalition Govenment could be having business ties with Gadaffi and could have agreed to keep safe Gadaffi’s wealth in the prospect of sharing in the loot……If so, it is very very sad state-of-affair in deed….Their Mission are basically to maintain Power and Control..

These and many others are reasons why Kenya Administration Police had Mungiki infliltrated with Al-shabaab and other Somali Pirates. It is extremely important that The Kenya Police must be dismantled now…….We demand that the Kenya Army in Baracks, Airforce and Navy be released to protect Kenya’s boarders urgently……and also be put on the Streets to safeguard Kenyans security before an overhaul of the Kenya Administration Police is transparently completed…..Kenya is at present not safe…..and Kibaki and Raila must step down and vacate office now………..

The two Principles in the Coalition Government have their priorities upside down…..They must vacate Public Office now…….

Kibaki and Raila have cases to answer at the ICC Hague for misuse, abuse and neglect of Public Office with violation and crimes against Human Rights, as well as exposing the country to security risk in a very dangerous situation. This they did while serving private self with those of Special Interest against the Public Mandate………as opposed to their Oath in Office………

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

– – – – – – – – –

Police Reforms Are Now Urgent

Thursday, 01 September 2011 00:07 BY HASSAN OLE NAADO

A near death experience few weeks ago on the Nairobi-Garissa highway has re-enforced my belief in why the police force should be reformed as a matter of urgency.

And as I join other Kenyans in calling for urgent and genuine reforms in the police, I wish to pass my most prayerful get-well message to Mr Gabriel Kuya, the police boss of Tana North police division, who sustained serious injuries when he led a small team of police officers to quell riots between feuding operators of matatus plying between Madogo in Tana River district and Garissa town. Mr. Kuya in his capacity as the OCPD has been working closely with KMYA field officers in Tana North district on peace building and reconciliation efforts.

On the fateful day, I was travelling to Garissa town to attend one of the many workshops that our organisation, the Kenya Muslim Youth Alliance (KMYA), has been conducting across the country to preach peace among Kenyan youths by urging them to seek peaceful means to the socio-economic problems that they encounter. KMYA is also in the forefront of seeking inter-religious dialogue as a way to encourage peaceful co-existence between Muslims and their fellow countrymen of other faiths.

Ironically, I ended up being the victim of the violence from the very youth I seek to educate when I ran into a mob of rioting matatu operators who were fighting over the control of the route between Madogo and Garissa. Two of my colleagues and I had to abandon the car we were travelling in and run for our dear lives when the car landed on a ditch after losing control as I reversed it in high speed.

But the most unfortunate thing about the whole encounter is the fact that a number of police officers were injured and the OCPD almost lost his life, not because the police were not able contain the situation, but because bureaucratic red tape would not allow police officers on the Garissa side, who were just a stone-throw away, to intervene and assist their outnumbered colleagues from Tana River.

Anybody who has been to Garissa knows that the boundary between Tana River and Garissa districts is the famous Tana Bridge. The fighting among matatu operators that almost cost Mr Kuya’s life occurred about 500 meters from the Tana Bridge inside Tana River (Bura) district, which is in Coast province—yet there was a contingent of police officers on the Garissa side, which is in North Eastern province. Why didn’t the police officers on the Garissa side intervene to assist their outnumbered colleagues on the Tana River side?

The reason the officers on the Garissa side did not intervene is because they were in a different administrative district, and bureaucracy demands that reinforcement for the Madogo operation could only have come from as far as Hola, which is very far away from the scene. So, the police officers on the Garissa side just watched helplessly as their colleagues suffered on the Tana River side.

It is view of this that all Kenyans, including police officers themselves, should demand fast-tracking of reforms in the force so that such nonsensical bureaucracies can be scrapped and ensure efficiency in the chain of command.

My take is that, had the officers on the Garissa side intervened, the skirmishes around Madogo area would not have escalated as they did—officer Kuya would not have sustained serious injuries and his officers injured by stone and spears throwing youth.

This kind of red-tape calls to mind the report of the commission of inquiry into the April 1994 Mtongwe Ferry disaster, where a passenger ferry sank killing hundreds of commuters right in front of the Kenya Navy headquarters.

Justice Msagha Mbogoli who chaired the commission of inquiry castigated the bureaucracy in the disciplined forces when the commission was told that navy officers at the Mtongwe barracks had the equipment, personnel and capacity to rescue almost all the victims before the ferry got submerged in the ocean, but they would not act without command from their superiors.

The question then is; what is the use of having a police force or army that cannot even assist one of their own, let alone the ordinary Kenyan?

It is this kind of bureaucracy, which has bred institutional inefficiency that makes police reforms urgent and mandatory. A new chain of command should be able to ensure that police officers respond to situations without too much red tape, just the way a fire brigade or ambulance crew can respond to emergencies with minimal constraints in the chain of command.

The writer is the CEO of the Kenya Muslim Youth Alliance and Deputy Secretary General of the Supreme Council of Kenya Muslims.

The Fundamental Rights Of All Kenyans As Guaranteed By The Constitution Of Kenya And The National Accord Must Be Respected By The Grand Coalition Government!

Fundamental Human Rights of all Kenyans must be Respected by the Kenyan Police Commissioner

Where There’s A Will…: Extrajudicial Executions And Police Reform In Kenya
Posted on 26 June 2009
Louise Edwards

Programme Officer – Access to Justice (East Africa)

Commonwealth Human Rights Initiative, New Delhi

The United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions, Professor Philip Alston, presented his detailed report on Kenya at the recent 11th Session of the UN Human Rights Council. In an extraordinary week of political maneuvering, reinforcing the internal tension that plagues Kenya’s Grand Coalition Government, the Kenyan delegation responded with an oral statement to the Council that contradicted their earlier written response. Having initially denied Professor Alston’s accusations of the widespread and systematic use of extrajudicial killings by the Kenya Police Force, the delegation conceded that there is a problem, but stopped short of acknowledging Government complicity.

The proceedings and outcomes at the 11th Session have received much local and international press. Now, two weeks later, the focus must shift to action taken by the Kenyan Government to address the issues raised by Professor Alston and the fall out from the publication of his report, which included the killing of two human rights defenders that had previously cooperated with his mandate. Despite the eventually positive response from the Kenyan delegation in Geneva, early signs of action are not necessarily promising.

Professor Alston’s report articulated what concerned local and international organisations have been saying about the Kenya Police Force for many years and which the Government failed to acknowledge until their oral statement to the Council – that extrajudicial killings are part of the policing landscape in Kenya. The oral statement also contained a public acknowledgement of Kenya’s weak police oversight mechanisms, the need to establish a local independent police commission and assurances that no human rights defenders would be intimidated or harassed as a result of their cooperation with the UN Special Procedures mandate-holders.

Nevertheless, it remains to be seen whether the promising outcomes in Geneva will translate into credible action in Nairobi. Successive promises of reform articulated in a number of strategies and processes over the past 10 years have not been completed or sustained by the Kenya Government. Kenyans continue to be policed by an organisation that lacks sufficient accountability structures, fails to protect or uphold basic human rights and is continually subject to illegitimate political interference. Millions of dollars have been invested in the development and publication of commission reports, task force findings and reform strategies without any genuine steps by the Government to implement systemic reform.

The concerning state of policing in Kenya has received significant national and international attention over the past 18 months. The police response to the 2007 post-election violence brought the issue of political partisanship, impunity and brutality to the fore. The Waki Commission report into the violence strongly recommended comprehensive reform of the Kenya Police Force and Administration Police and Professor Alston’s report reinforced the brutal and corrupt practices that have been permitted to flourish by the unreformed, colonial policing model.

Police reform is a daunting and long term process. It requires substantial law reform, a radical shift in policing culture from one of impunity to accountability and the restoration of trust between police and the community. None of these urgent reforms will happen in Kenya without the political and financial commitment of the Government to undertake reforms of this scope. The recent establishment by the President of a special Police Reform Task Force represents a positive step towards delivering credible advances. However, the Government must translate the Task Force’s recommendations into actual reform that goes beyond improving operational capacity to address governance, accountability and legal structures. Otherwise the Task Force, for all its good intention, will become another failed reform vehicle.

Drawing on the previous recommendations and those foreshadowed to appear in the current Task Force findings, the Government should implement the following minimum reforms:

Constitutional and legislative amendments that clearly separate the operational control of the police from the direct control from the political Executive and provide for transparency in monitoring police performance and conduct,

Strengthening internal and external oversight mechanisms, including the enactment of legislation and budgetary allocation to give full effect to the Police Oversight Board plus the establishment of an independent complaints mechanisms,

Establish a clear demarcation between the role of the Kenya Police Force and the Administration Police,

Improve police human rights training and resourcing to strengthen human rights compliance and operational effectiveness in the prevention, detection and investigation of crime, and

Establish clear legislative guidelines on the use of force, torture and adherence to basic due process that accord with Kenya’s existing obligations under international law.

If the Government is serious about reforming the police, a commitment to implementing past and current recommendations is not enough. It must also take immediate steps that both demonstrate its firm commitment to reform and restore public confidence in the reform process. A positive first action should be the investigation, prosecution and punishment of those police officers who commit or acquiesce to illegal acts including, but not limited to, those responsible for the 2007 post-election violence and the perpetrators of extrajudicial killings.

Other immediate steps must include measures to implement the Government’s guarantee of protection to individuals who have been intimidated or subject to retribution for their cooperation with the UN Special Procedures mandate-holders. Human rights defenders, including members of the Kenya National Commission on Human Rights have been subject to threats and some have been forced to flee Kenya. The high profile execution of two prominent human rights defenders, who cooperated with Professor Alston, and the failure by the police and Government to identify those responsible, highlights the inadequacy of protection and security for human rights defenders. While Kenya has a witness protection programme, reform is urgently required to ensure the integrity of its internal processes (including accountability, Executive control and information storage and sharing) before those who are most in need of protection will have confidence in the systems that are designed to deliver it.

The 2007 post-election violence, followed by the findings in Professor Alston’s report, and the tragic consequences for human rights defenders who cooperated with his mandate, have kept the problems with Kenyan policing firmly in the international spotlight. Whether the political will to commit to genuine reform is present in the Grand Coalition Government remains to be seen, but what is clear to the international community is that the need for police reform is more crucial than ever.

The Commonwealth Human Rights Initiative (CHRI) is an independent, non-partisan, international NGO working for the practical realisation of human rights in the countries of the Commonwealth.

www.humanrightsinitiative.org

KENYA
Police Reform? Return To Sender, Say Rights Groups
George Kebaso

NAIROBI, Sep 9 (IPS) – The top policeman accused of supporting Kenya’s post-election violence, in which thousands were killed or raped because of their ethnicity, has been given a cushy job as head of the country’s postal service.

President Mwai Kibaki’s announcement this week that the country’s former Police Commissioner Major General Hussein Ali would be replaced at the helm of the force and re-deployed to the Postal Corporation of Kenya has not been welcomed. (Ali’s former deputy, Lawrence Mwadime, has been given a post in the ministry of livestock development.)

Ali, a retired army general, headed the Kenya Police, responsible for such general police matters as criminal investigations and traffic control; the Administration Police takes charge of security for ministers, members of parliament and other top government officials.

Their public roles often overlap, and both branches stand accused of involvement in the violence that followed elections in December in 2007, the Administration Police playing a part in rigging votes and sowing confusion at polling stations and the Kenya Police directly participating in violence.

Despite the good riddance atmosphere around the country as a man largely seen as a ruling party militant is shuffled away from the top police post, Kenyans are cautious. Many feel that the changes that saw Ali replaced at the helm of the force on Tuesday are as shoddy as the general reform process itself.

For many Kenyans still recovering from the violence that saw as many as 1,300 people murdered, over 3,000 women raped and over 300,000 people displaced, the move is being seen as an evasion of justice.

The changes have largely been dismissed as a way to avoid prosecutions rather than a ‘departure from the culture of impunity rule’ in Kenya.

“We have been calling for reforms in this country’s police force for a while now,” said a shop owner in a popular street Nairobi.

“And this country has yearned for a total change that can usher in police leadership that is responsive; leadership that implements punitive ways of dealing with society needs.” He asked for his name to be withheld because he feared repercussions and claimed he is a victim of police harassment and extortion.

Post-election violence survivor Peter Kariuki says he suffered police brutality while in an IDP camp in Nakuru Show Ground, 200 kilometres west of Nairobi. He has accused police of kidnapping and torturing him while in the camp. His only crime was that he belonged to the outlawed Mungiki sect, which has clashed with government repeatedly since since it emerged in the 1980s.

He dismissed the notion that the construction of additional police stations around the country was the solution to the individual safety of Kenyans.

“No way. Police stations can not be my security. My security is myself and my neighbour,” he said.

A number of lobby groups welcomed Ali’s removal, but they strongly cautioned that further changes remain urgent. Speaking to IPS, Hassan Omar, vice chairman of the official rights watchdog mandated by the constitution, the Kenya National Commission on Human Rights, said that Ali’s removal should be a starting point to comprehensive reforms in the force.

“We trust the changes will set the pace for a rebuilding of public confidence in the police and create the necessary momentum for reforms,” he said but cautioned that this must be quickly followed with implementation of the recommendations of a Police Reforms Task Force headed by retired Judge Philip Ransley which called for an overhaul of the entire police force structure.

Omar called on Kenyans to ensure that the government fulfils its promise to reform the police force in totality.

The non-government Kenya Human Rights Commission, headed by Muthoni Wanyeki, also criticised the reassignments. Wanyeki called on the president to be careful with the issue of reforms bearing in mind that the country is waiting to see all senior officers of the force sent home.

“The writing is clearly on the wall that the president should stop playing games with the reforms issue as the country has already agreed that all senior police officers should be sent home to pave way for fresh leadership in the police force,” Wanyeki said.

The Union of Kenya Civil Servants (UKCS), which includes members of the police force, also dismissed the changes as a sham and public relations exercise.

UCKS Secretary General Tom Odege castigated the president, saying that the replacement of only one person cannot convince that the government is focused on reforming the police force.

“One person cannot bring the required change in the police. Reforms in the force are not an act of performing miracles but a practical Kenyan-backed process,” he asserted.

Odege noted that by making a single high-profile change at the top, the president is more interested in preserving the status quo than answering to the desires of the whole country for deep-seated changes.

(END/2009

Kenyan women up in arms against the change of the new constitution and insist in getting near a third of the total parliamentary seats

Reports Leo Odera Omolo

Powerful group of women leaders and MPs vowed at the weekend to fight any attempt by the cabinet and their male colleagues in parliament to alter a clause entrenched in the new constitution that gives them one third of the total parliamentary seats to the bitter ends.

The women MPs and the lobby groups said they will fight to retain the status quo as entrenched in the new Republican constitution.

The women who include Mrs Ida Odinga, the wife of the Prime Miister Raila Odinga, Rachel Shebesh {Nominated} Dr Joyce Laboso {Sotik},Beatrice Kones {Bomet},Monica Amolo the ODSM regional organizer in Nyanza, Millie Odhiambo {Nominated} said the gains made so far by women should not be reversed.

Addressing thousands of mourners at Kolo village, Waware sub-location Rusinga East, Mbita district within Homa-Bay County during the tearful send off of the late Mrs Damaris Odhiambo, a retired former social workers with he defunct County Council of Southern Nyanza. The deceased was he mother of Millie Odhiambo the ODM nominated MP. the group said they will consider the second proposal by the cabinet on the formula to attain the one third seats in the National Assembly, but will not agree to it if contravene the clause in the new constitution which gave the woman the right to have one third of the total parliamentary seats.

They said they wants special seats designed for the women, apart the competitive seats that will see them battle with the men t the ballot boxes.

“The new constitution is the best thing that has ever happened to the Kenyan women and we are prepared to take head on even our own MPs from ODM on this issue. The constitution must be followed to the letter,” said Millie Odhiambo.

Dr Laboso said she beg to differ her men parliamentary colleagues over the issue, adding “We are not prepared to relinquish our gains and go back to the old dark days,said Dr. laboso.

Mrs Monica Amoko gave an electrifying address that move the crowd onto their feet when she asked the MPs to take a note the requirement to amend the new constitution, but if they want to have it changed they must call for a fresh referendum to amend the clause thy feels favors women.

Shebesh declared a war in parliament to safeguard the women’s gains in the new constitution saying they will not relent to the pressure.

At the same time she promised a protracted battle in Parliament to ensure the women safeguard their gains in the new constitution.

Ends

Kenya: Federal/Majimbo Devolution is under Siege

from Judy Miriga

Folks,

I am concerned that Kenya is not only going the wrong way, but major concern are that there are plans to derail Kenyas Devolution/Majimbo Federal Governance with implementation of its National Reform Agenda.

These are reasons why, Wetangula has been brought back before any investigation is completed why he was suspended, so to consolidate Status Quo Special Interest.

The other reasons are why, Muigai, a blood relative of Uhuru has been nominated to Attorney General Office to help rigging the election and mess and confuse Legal matters concerning electioneering……… as well as consolidate Special Interest Control and Power. The symptoms can be observed in the way Uhuru is blocking funding to be dispatched to the Counties……..chest thumping he will use all his powers to block Devolution from taking place.

These are some reasons why Migingo is being played a roller coaster….and is the reason why Saitoti and James Orengo are going to loose their portfolio. Raila in fooling Kenyans, has agreed to compromise for his stomach and those of his family members……..PM Raila compromised Migingo, where the whole world knows precisely and clearly that Migingo is Kenya’s Rock….Land…….Island…..BUT Raila in his dangerous undercutting deals over the years, use Luos as his springboard to gain wealth. Records show that PM Raila’s wealth including Mollasses emanated from the Luo Community’s public funds…….Many Luos have died or been displaced as a result of these dangerous undercuttings and because of “Intellectual Property Thieving”…….why he continually negotiate with the corrupt Kikuyus to deny Luos responsible and dignified livelihood and survival……..

My Kenyan people, Kenya have in place the Security Armed forces, Navy and Airforce……we do not need Police Boss to man our boarders……the Police team Iteere will send to Migingo to mann its surrounding are the Mungiki and Al-Shabaab who were trained by Uganda to form joint terrorist force, some have been dispatched to Kisumu and Siaya, who are currently busy terrorising Luos there and are daily derrailing and ambushing drivers from Busia Kisumu boarder…….others rented houses in Ukwala and Kodiaga where they ambush and kill people in the night and matters are not reported……they recently about a month ago, killed about 10 people in Kodiaga and in Ukwala whose bodies were severed with pangas. Their intentions are to create fear and intimidate the Luos by robbing and killing the Luos in and around Lake Victoria, including the Migingo and Ugingo fishermen with those who are opposing them.

Good people, it is not the Luos alone, basically mostly at risk are the Lamu and Kwale have been completely sold with other parts in Mombasa…….

It is therefore extremely dangerous for us to accept Wetangula and Muigai in both the Foreign position and in Attorney General Office. These two posts must be contested and opposed vigorously, after all, they did not pass vetting tests to qualify for those positions……..and it is because Raila and Kibaki cannot be trusted.

This time round, the post of Attorney General should go to a Lady of good standing with track record of discipline to service calling. We need a person of credible outstanding character who do not belong to the circle group of the corrupt cartels, a person who will translate the Law in a fair manner to benefit the Nation and all people without fear, favour or discrimination. This person will help shape the country in its formative stage to make sure discipline and order is instilled in the Judicial sector Administration to a reputable and respectable standards. This person everyone will agree is none other than Mary Angawa.

Once again, we stand to challenge Kibaki and Raila’s way of conducting Reform Agenda implementation that, the countdown update, three days to go should see them removed if they do not stand down by then. They are both a dangerous prescription to Kenya and Kenyans and this will not be tolerated or acceptable.

This is a very sad day for Kenya and Kenyans, but hope and trusting in God will carry us through.

Thank you all,

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

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Patronage Still Rules Cabinet Appointments
24 August 2011
editorial
Wednesday’s Cabinet reshuffle demonstrated once again that political expediency and loyalty rather competence and service delivery are the defining criteria in public appointments.

Although done after consultations between President Kibaki and Prime Minister Odinga, it is a fact that the ODM leader used the shake-up to punish his fierce critics in the party and reward loyalists.

Mr William Ruto and his allies in the party who were axed from the Cabinet have waged a long war against Mr Odinga, and on several occasions stated their intention to quit ODM.

It was thus just a matter of time before they were removed.

In contrast, Mr Moses Wetang’ula, a PNU loyalist, was returned to the Cabinet even when the scandal that forced him out of office had not been conclusively resolved.

More often than not, politics is about loyalty and patronage. But this is the kind of attitude Kenyans wanted to get rid of when they voted for a new Constitution last year.

For all four decades of Kanu rule that ended in 2002, the practice was for the Executive to strike at critics and reward cronies with lucrative appointments and contracts.

Little changed with the Narc ascendancy, and clearly, the status quo still obtains.

The danger is that this power patronage promotes mediocrity and hero-worship, while shunting aside excellence and service delivery.

And it is precisely why the new Constitution changed the composition of the Cabinet by providing for the appointment of technocrats rather than politicians – to inject professionalism in the management of State affairs.

The principals should have demonstrated this new spirit while reorganising the government.

Surely, the time has come to throw the politics of stick-and-carrot out of the window.

Citizen Furious With Kibaki Over Return of Wetangula
James Kinyua
25 August 2011
MPs now want parliament to bar reinstated foreign affairs Minister Moses Wetangula from conducting business claiming the executive has undermined its resolution to suspend him from office.

Foreign Affairs Committee chairman Aden Keynan has accused the executive of not respecting the work of committees. Wetangula stepped aside last year after the committee recommended that he steps aside to pave way for investigations into a scandal involving the sale Kenyan Embassy in Tokyo.

Miguna Given Nod to Challenge Suspension
Nation Correspondent
24 August 2011
Suspended aide to Prime Minister Raila Odinga has been given the go-ahead to challenge the decision to interdict him.

Vacation judge Wanjiru Karanja, however, declined to order the government to reinstate Mr Miguna Miguna. (Read: Leave Raila alone, Miguna told)

Justice Karanja allowed the government to respond to the issues raised in the case filed by Mr Miguna’s lawyers Nelson Havi and Michael Ogunda.

The judge directed the permanent secretary in the Office of the Prime Minister, Dr Mohammed Isahakia, and the Attorney General to file their responses to the constitutional issues raised in the application.

She gave them seven days to answer the allegations that the government suspended Mr Miguna irregularly.

“We have received a detailed answer to the issues raised by the plaintiff in this case (Miguna). We need time to file affidavits and annexures. Allow us to do so within seven days,” principal state counsel Caroline Oyula asked court.

Ms Oyula admitted that the suit documents were served in the Attorney General office on August 11.

“We embarked on the process of seeking instructions from the defendants. We have managed to secure answers and we are ready to take on the plaintiff,” she told the judge.

Mr Havi said the respondents were served with the court papers 13 days ago.

“They should not be allowed to seek adjournment. If the court is inclined to grant the state’s plea, then grant the orders we are seeking,” he submitted.

In her short ruling, Justice Karanja said: “I grant the plaintiff leave to challenge the governments decision to suspend him. I further direct the prayers seeking stay be heard during the full hearing on September 6, 2011.”

Mr Miguna is demanding at least half of his Sh584,000 monthly salary plus allowances while on suspension.

Uganda: Kenya, Uganda to Jointly Police Migingo
Mary Karugaba
24 August 2011
KENYA and Uganda have signed an agreement to jointly police the disputed Migingo Island as a survey of where the tiny island falls continues.

The agreement was signed yesterday by the Police chiefs of both countries after a half-day closed meeting at the foreign affairs ministry offices in Kampala.

The Inspector General of Police, Maj. Gen. Kale Kayihura, led the Uganda team while the Kenyan team was led by the commissioner of police, Mathew Iteere.

According to the agreement, each country will deploy 12 police officers to beef up security on the island.

The island is estimated to be holding about 600 people, but according to international policing standards, the deployment should be 1:500. This means that each of the two countries needed to deploy only one police officer.

Iteere said the Kenyan government would deploy immediately. The two chiefs, however, declined to comment on the preliminary findings of the technical team regarding the location of the island.

“Our mandate stops at implementing Article 9 of the joint ministerial communiqué signed in July 2011. On who owns what and where, I request that the question be put to the technical people,” Iteere said.

The joint policing means the two countries will jointly maintain law and order on the island, establish a joint coordination mechanism and set up a joint coordination centre. The countries will also set up joint patrols and crime prevention programmes.

Githu Muigai Nominated for Attorney General
Fred Indimuli
23 August 2011
It is only parliament that stands between Lawyer Githu Muigai and the office of the Attorney General. This is after President Kibaki and Prime Minister Raila Odinga nominated Muigai for the position replacing Amos Wako whose tenure expires on the 27th of August. The name has already been forwarded to parliament for approval. The two principals have also nominated Agnes Nangila Odhiambo and Edward Ouko to the offices of the Controller of Budget and Auditor General respectively.

Uhuru Seeking to Derail Devolution
Pheroze Nowrojee
24 August 2011
Uhuru Kenyatta is preventing the implementation of the most vital part of the Constitution – devolution. He is doing this by withholding the funds for the counties.

He says that he is withholding the money because that is one of the conditions laid down by the International Monetary Fund (IMF). Another condition is that the Minister of Finance shall be the sole person deciding on payments to the counties.

How has Kenya agreed to these conditions that give total financial power to one man, and one ethnic group, over all other Kenyans in the 47 counties? The IMF and every Kenyan knows that this is exactly what the new Constitution has prohibited and is guarding against. Is it possible then that it was the Kenyan team itself that asked for these conditions to be imposed, because it would benefit some of them and their ethnic group? Were Kenyans with influence at the IMF, but long out of office in Kenya, made part of the team for such a purpose?

Uhuru is the same person who when faced with personal danger to himself at The Hague complained loudly, “Sovereignty! Kenya alone must decide the trials.” Yet when faced with constitutional danger to Kenya at the IMF he did not say, “Sovereignty! Kenya alone must decide the counties’ money.”

Uhuru says the IMF has decided that the counties will not be able to manage the monies they get. This is for the Constitution and not the IMF to decide. The Constitution prescribes: “county governments shall have reliable sources of revenue to enable them to govern and deliver services effectively.” (Art.175(b)). This is what Uhuru has to comply with. The IMF condition is void. The treaty with the IMF may be law, but by being the law, like any other law, it is subject to Art.2(2), Constitution : if it conflicts with the Constitution, which it does, the treaty is void to that extent. Uhuru does not have the power to change this provision, nor to agree with the IMF to do something that conflicts with the Constitution.

Likewise, the IMF condition that it is the Finance Minister who solely decides on monies to the counties is also contrary to the Constitution. Allocations are matters for the Budget and Parliament, and not for the Minister by himself. Devolution is critical to a de-ethnicized, democratic and economically fair Kenya. But, contrariwise, what Uhuru is doing 1. prevents the new Constitution from taking effect in respect of the counties; 2. attempts to reverse the democratic gains of the new Constitution; 3. prevents democratic local government from taking root; 4. brings back unfair tribal domination by one group over all others; and 5. perpetuates dynastic control of Kenya.

All this violates Art.174, Constitution. This says devolution is to promote democratic and accountable exercise of power. It is to foster national unity by recognizing diversity. It is to give powers of self-governance to the people and to enhance the participation of the people in the exercise of the powers of the State and in making decisions affecting them. It is to recognize the right of communities to manage their own affairs and further their development, and to protect and promote the interests and rights of minorities and marginalized communities. It is to promote social and economic development in all the 47 counties and not just some of them, and to provide proximate and easily accessible and accountable services throughout Kenya. It is to ensure equitable sharing of national resources throughout Kenya, (not just in the areas which the President or Minister of Finance favours, nor to deprive any areas which they want to punish for not supporting them, nor to discriminate against any on an ethnic or other basis).

By being able to withhold moneys Uhuru defeats all these constitutional provisions. These were the major purposes of the long struggle for constitutional change. Uhuru is seeking to defeat this long struggle. Once devolution is in place, no President or Finance Minister will ever again be able to have one-man rule in Kenya like Kenyatta and Moi’s rule. Uhuru is seeking to bring back this type of rule.

This move against devolution reveals the true face of Uhuru’s 2012 campaign: it is to roll back the new Constitution and to return to the unchecked power and ethnic politics Jomo enjoyed from 1964 to 1978 and others from 1982 to 2002. Uhuru’s move against devolution is the most dangerous move against the new Constitution. All Kenyans must reject it. Loudly.

The writer is a lawyer.

Kenya: Don’t expect Obama any time soon, envoy says

from Judy Miriga

Folks,

If the New Consitituion is not not implemented by 08/28/2011, the Coalition Government under Kibaki and Raila is over. From 29th August, they should count themselves out of Public Office. We must all agree to form A new Interim Government, a Caretaker Committee, that which will complete all pending BILLS within 6 six months, to be in time according to REFORM timetable, before election date of 2012. On 29th August, we must list and append prospective names for the Caretaker Interim Government. This must include diaspora and involve all Kenyans irrespective of Party affiliation, specifically those who care that REFORM AGENDA MUST BEAR FRUITS AS PLANNED AND AS IS ACCORDING TO THE NEW CONSTITUTION without delay or change. This is not a case for any foreign institution or foreign Government to determine, except Kenyans and Kenyans in diaspora. It is the will of the people, according to the Mandate upon resolution at the Referendum……..that, any changes or alterations including extension beyond the Reform Agenda deadline, those that are suspected to provide easy way or short-cuts for Status Quo, will not be accepted. There will be no extension of Wako tennure, no extension of politicians to extend stay and modify or change the rule on deadline, and altogether, IMF meddling, cannot and will not be allowed to hold Kenya hostage at Ransom……… Things must go according to plan………and ICC Hague, is the answer people……!

Kibaki and Raila’s dare devil and political drama must be brought to an end. It is become it has become too costly for Kenya and Kenyans…….. and truely, we cannot afford to loose anymore lives, money and time.

Both of them failed to comply, and failed to:

a) protect and preserve Public Interest and mandate

b) they both engaged in illegal and unconstitutional Public Money theft and Flight under unscrupulous International inconsiderate MoUs, (under oath) that did not provide a balance to the people of Kenya except they exasperated deeper poverty where they 100 folds gained from its profit instead of the public……

c) they both did not value, honor, respect or rated dignity of humanity according to empathy and virtue, and did not observe the International Rule of balancing poverty, health and environmental Agenda that which states the International Investors must protect local indigineous from excessive rip-off and poverty that which resulted to dangerous conditions where many lost homes and others have no reasonable livelihood as well. Many people got consumed in careless deaths from behaviors that were of special interests and self-centredness, carefree, unconcerned attitude and poor leadership management, which in case scenario, caused human sufferings and pain, in effect, they are cases of
based in irresponsible behaviors from engaging people of questionable characters as Agents, to perform illicit, illegal and unconstitutional acts and behaviors that were against public mandate.

d) They both Committed the country to loose extensively and deprived Kenyans from profiting and were exposed to unduly insecurity situations from not engaging Armed Forces to protect the boarders, activities that compromised security of lives at the boarder.

e) both are so compromised and are deeply into corruption, impunity and graft, where both are deeply engaged and are intertwined with the cohort and cartels of the Status Quo that cutting them off from the inner-core cord of the corrupt to wholly represent the public is a complete total dream.

f) that the country and the people have been auctioned and sold that the immediate remedy is to secure Kenya, is to get rid of the Coalition Government from inflicting more damage and destruction to Kenya and the people of Kenya.

This shows they are both incompetent, are deep skin corrupt with graft and impunity and must vacate Public Office by August 29th 2011, so ICC and Ocampo should take upon charging the two Principles PM Raila and Kibaki, to leave room for clean house, new players………

We can understand why President of Obama is frustrated with this Coalition Government leadership, and is worried of that the costly Referendum for the New Constitution he helped support to save Kenya and the people of Kenya, would go to trush…………the reason why Kibaki and Raila have no vision and must be immediately stopped from inflicting more untold injuries to the people of Kenya…….

Thank you all…..

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

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Devolution fears

Uploaded by standardgroupkenya on Aug 16, 2011
Is there a powerful foreign hand in the war over county finance legislation between the treasury and the ministry of local government? Sources now say that a memorandum of understanding between the international monetary fund and the finance ministry may have tied treasury’s hands by prescribing tight controls of county funding by the central government. This comes as experts warn that the country should not allow a conflict between the two ministries to undermine the intention of devolution. Noah otieno reports

Devolution Vs Integration

Uploaded by standardgroupkenya on Aug 16, 2011
Devolution Vs Integration
Don’t expect Obama any time soon, envoy says

Published on 17/08/2011
By Rawlings Otieno

US Ambassador Jonathan Gration now says President Barrack Obama has no plans of visiting Kenya any time soon.

The envoy said Obama is busy with his presidential campaigns and is in no hurry to come to Kenya although he has Kenya at heart.

“Obama will come when the constitution is fully implemented, but as for now, he has no plans,” he said Gration.

He said that the US President was keen on how both the Executive and Parliament were going about the constitutional implementation and lauded the efforts that have so far been realised.

Gration made the remarks at his residence in Muthaiga Wednesday, when he presided over the swearing-in of 49 new Peace Corps volunteers, which also coincided with marking the 50th anniversary since its formation.

Empowering youths

Gration reiterated US commitment in empowering youths to take up political leadership.
Gration also expressed dissatisfaction at the slow pace of clearing necessary legislation for the full implementation of the constitution.

“We only have few days and there are some Bills that have not been passed. This is a worrying trend,” he noted.

While lauding the volunteers, the envoy reminded them that they were the image of America and advised them to make a change in the lives of the people they were going to touch. They have trained for 10 weeks in the country and are expected to serve the host communities for two years

LSK accuses State of ignoring rule of law

By Philip Mwakio and Nicholas Anyuor

The Law Society of Kenya (LSK) has accused the Government of disregarding the rule of law and failing to punish perpetrators of post-election violence.

The association also took issue with the Government’s opposition to the International Criminal Court process.

LSK Chairman Kenneth Akide said Kenyans would not be free as long as the rule of law was not enforced, as has been the case since the early 1990s.

“Implementing the new Constitution is as important as restoring the rule of law,’’ said Akide.

POST-ELECTION VIOLENCE

Akide added that the mood of the country has lately not been as buoyant as it was a year ago.

He went on to add that, since 1991, there were persons who had not returned to their land.

“Further to that, there are people who since 2007 post-election violence have not been able to live in their houses and land.”

He was speaking during this year’s annual LSK conference at Leisure Lodge Golf and Resort, Diani, Kwale County.

The theme of this year’s conference is “One year into the Implementation of the Constitution: Taking Stock.

Former LSK chairman Dr Gibson Kamau Kuria reminded lawyers present that the ICC referrals were a matter of life and death.

LOST PROPERTY

“There are suspects, who since 2008, have not been prosecuted. What has our Government been doing? This Government does not care about people who died and those who lost property during the mayhem,’’ he said.

Dr Kuria maintained that he does not share the view that the ICC process is bringing back colonialism.

“ICC has come to fill a gap that has existed as far as justice is concerned,’’ he said.

Meanwhile, the International Criminal Court has granted 327 persons status as victims of post-election violence.

Similarly, there will be no live witnesses during the confirmation of charges to the Ocampo Six at The Hague.

ICC Field Outreach Co-ordinator Maria Mabinty Kamara said only documentary evidence will be presented to the pre-trial chamber judges.

“The 327 persons are not witnesses but have a unique role and will give voice to other victims,” she said.

Speaking in Kisumu at a journalists’ training, Kamara said the talks about the Ocampo Six would not affect the proceedings since the court is not influenced by public opinion.

The co-ordinator said the views of the victims were vital to the international court in establishing the truth.

Kamara said out of the thousands of victims who applied to testify before the ICC, only 327 were successful.

“With the help of NGOs, we managed to find those who will testify at the court. This will be helpful in finding justice in the Kenyan situation,” she said.

She, however, said the victims will not appear before the international court, but will be given legal representation.

Speaking in Kisumu at a journalists’ training, Kamara said the current talks about the Ocampo Six would not affect the proceedings since the court cannot be influenced by public opinion.

“There are so many courts, including the court of public opinion. This is different from ICC,” she clarified.

“The court has ruled out cases of Genocide and war crimes in Kenya and the witnesses will testify only on issues of crime against humanity,” she added.

Kenya: August 28th 2011 is The Factor to Political Fever and Frenzy in Kenya

From: Judy Miriga

Folks,

August 28th 2011 is here. Politicians in Kenya are in the frenzy of positioning for re-organization for Status Quo. Kibaki is to step aside leaving his son to warm-up with PM Raila before election is called in august 28th 2012…….The Drama is all about the hot pursuit scramble to re-align for positioning to make a kill for Status Quo, a sad state-of-affair and a tall order in the present Kenya.

It has just down on them that time is up and the Constitution Reform Agenda cannot be evaded. It is a law and is going according to the timetable. This is the reason for the rising political temperature and the scramble to glue control of key powerful public offices to themselves before the “D” day. They have just recognized that “Ocampo” factor is REAL…….. the “Pre-Trial” cannot be manipulated or pushed to fit into their conspiracy they were trying to cook……..The skies are coming down on them like “Thunderbolt” beyond their understanding or powers. This is the reason why Miguna’s position is being manipulated to compromise the Status Quo special interest. It is rumored that names of such people like Samwel Omwenga were listed top to be considered while in the spree of beer drinking to be handed by Jakoyo Midiwo to Raila’s wife for consideration to Miguna’s position. Other people in line who were engaged in shoddy lobbyist deals, were to be considered as well within the Diaspora for rewards through Raila’s wife connections in the US, UK and Canada……..These group of people are seen busy shuttling between Canada, UK, US, Uganda and Kenya……….

They are preparing an assault on Constitutional Reform in readiness to tactfully scuttle the complete Reform implementation according to New Constitution, by delaying clear-cut ground breaking civic education to public in preparation of the formulation of Counties for implementation of the New Constitution by positioning sycophants, those of strange characters, being imported early to cause fear and intimidation as well as fracas and confusion for their win strategies, those questionable characters who will support Status Quo’s interest and altogether will block the would be genuine prospective people’s candidates, a show case of what is now happening in Siaya and Kisumu areas. People are currently being killed, ambushed and cut with pangas as they come from work, notably, four days ago, about ten people have been cut, some died and some are still nursing their wounds. This happened in Ukwala and Kodiaga. Jakoyo Midiwo should tell us what is cooking, as he is the Constituent Representative of Gem Constituency. Why does he seem to be quiet like he does not know what sufferings people of his constituent are under going, or is he detached from reality and from his Representation Responsibilities. Can he tell us why the case for the Council women was few days ago, thrown out by the court in Siaya, in favour for Mr. Aggrey who was defeated by Ms. Elizabeth?……..What about schools that were funded by Canada in Siaya, why have they been closed? Are these the political maneuvers meant to interfere with developments for ulterior political motives??? This and many other will not be tolerated and will not be acceptable as, the whole world is watching keenly activities and happenings in Kenya…….This are just tips of an iceburg…….

August 28th 2011 is another deadline for President Kibaki and Amos Wako, when they are suppose to leave Public Office according to the New Constitution. This is why President Kibaki had earlier announced two months ago, that he is remaining with two months to retire, and it is the reason why his son is to join PM Raila in the remaining 12 months of the Coalition Government starting August 28th 2011 to August 28th 2012. At this time, PM Raila will continue to hold the Office of the two positions, as Prime Minister as well as the President while grooming Kibaki’s son to prepare for taking position in the Rank and File.

To Kibaki and PM Raila, politics and leadership of Kenya is a family affair. This too must stop and stop now……!!!

It is therefore this Political fever and frenzy the reason why political temperature has been illegally and unconstitutionally raised, the reason politicians abandoned their duties to effectively implement Federalism Majimbo Governance but are busy with sideshows, the reason politicians are scampering, having thought ICC the Ocampo factor was unrealistic only to find they cannot wishy washy Hague matter as the “Pre-Trial” cannot be manipulated for extension or otherwise in the hope Hague could be bribed and pocketed in any manner…….they are realizing, they assume the impossible. They are treating human sufferings as political gamble or chess card. Everything to them is fools play……the reason there is too much hunger and sufferings in Kenya. This is just poor and bad management with corruption meant to fool the International community and the public………and it is the reason why Miguna Miguna has been sacrificed upon the alter. This must stop and must stop NOW……!!!

ICC Hague is real and it cannot be shelved……….!!!

It is just a matter of time that Reform Agenda for CHANGE, will stay and remain real and be seen to be realistic, where peoples mandate to Federalism Majimbo Governance will offer the needed change for peoples livelihood with good prospects for better future………The Destiny we all want……..

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

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Presidential campaigns disgraceful, premature

Published on 31/07/2011

Our political leaders need to snap out of their obsession with the post-Kibaki presidential race and confront matters that most Kenyans perceive to be of immediate and paramount importance. The issues of the moment are jobs, food, security, cheaper energy, health, land reform and school fees — of course not necessarily in that order. Meanwhile, the field of self-declared candidates to succeed President Kibaki in 2012 (or 2013, whichever year is finally chosen) is getting crowded by the day.

Unfortunately most of these “candidates”, including some very well known names, are driven not by a genuine interest in the welfare of their country, but by personal vendetta, revenge and the need to protect ill-gotten wealth.

Yet hundreds of thousands face starvation in the “triangle of death” that straddles the borders of Ethiopia, Kenya, Sudan and Somalia. Also caught up in a daily cycle of hunger are residents of informal settlements or slums in key urban areas.

Rethink agriculture

Despite the vastness of its desert landscape, Turkana has massive potential for farming by irrigation and production of electricity using the wind, yet it remains the most undeveloped and desolate places one finds in Kenya.

Due to global warming, areas of the country that were once food baskets have seen their harvests dwindle as rainfall becomes more erratic each year, and the planting seasons shorter.

The subdivision of land in these areas has also reduced the portions available for growing food crops. Rain-fed agriculture is no longer a viable option for the future.

What is needed is a Marshall Plan of sorts, a complete rethink of Kenya’s agricultural policies to reflect the changing demographics and end perennial hunger that is getting more vicious with time.

But who will kick our leaders out of their lethargy and permanent fixation with elections? In Parliament are lawyers, doctors, insurers, teachers and engineers, but rarely do they come together to push non-political agendas in the House.

MPs have been very vocal on the matter of raising their salaries and allowances, avoiding taxes and fighting to get a pension for life (whether or not they have served just one term) once they leave Parliament, yet they have been remarkably quiet when it comes to feeding the starving and saving the dying in their midst.

Kenyans care little whether elections are held in August or December next year, or March 2013.

What they want is for the Minister for Justice, Attorney General and Commission for Implementation of the Constitution to speed up the drafting and tabling of necessary legislation that will ensure fair and free elections when the time comes, and anchor the new laws.

In exactly 26 days, the new Constitution will be one year old, yet very many Bills that the current Parliament needs to debate and pass have not even reached Cabinet.

Instead, many MPs have adopted a herd mentality and spend most of their free time trailing their favourite “presidential candidates” on their premature campaigns where the latter spend more time on chest-thumping theatrics and insulting and belittling their opponents, than offering a realistic roadmap on how they will create jobs, improve security and health care and reduce Kenya’s dependence on hydro power. What are these so-called “candidates” offering that is different from the rubbish spewed out by others every five years since Independence? Haven’t we heard it all before?

By allying themselves to “presidential candidates” whose only message is hate and revenge, our MPs have become intellectually bankrupt, morally repugnant and a total disgrace to Parliament.

Kenyans need to ask themselves how, where, and when some of our leaders acquired so much wealth in such a short period of time that they even own helicopters and planes.

A day’s budget for flying around in one of those things is enough to ensure many a hungry Kenyan gets at least one balanced meal. Such reckless spending, when others are dying of hunger, is a strong enough reason to reject their candidacies.

Ill-gotten wealth

When asked how they made their money, many lie and spin “rags to riches” tales, painting themselves as ordinary Kenyans who made it through sheer hard work and willpower, when in truth they are beneficiaries of grand corruption.

Kenyans must take a long hard look at those who wish to lead us come the next elections.

If they are not forthcoming on the source of their wealth, then they probably have plenty of elephants in their closets and should be rejected forthwith.

Time runs out as Kibaki eyes good legacy

Published on 07/08/2011
By MOSES NJAGIH

With President Kibaki preparing to leave office, his focus appears inclined to taking stock of his successes as his legacy faces the radar.

Having served the constitutionally allowed two terms as President, Kibaki is expected to retire after the General Election due next year.

While aspirants eyeing the presidency have been galvanising support, Kibaki has his eyes set elsewhere.

He has devoted time to inspect projects he had initiated over the years. The President is also hurrying up to begin new development projects he feels would help shape up his legacy, which has attracted praise and criticism in equal measure.

His new focus has been manifest in activities he has undertaken in the last two months.

Kibaki has been visiting projects while shunning political debate waged by his lieutenants and presidential aspirants in the succession race.

He has on two occasions made it clear he would not name his successor. Unlike his predecessor Daniel arap Moi, he will not be active in campaigns to pick the next president.

Even in his central Kenya backyard, and especially his native Othaya constituency, Kibaki has given indications he would not take sides in supremacy battles between Finance Minister Uhuru Kenyatta, Gatanga MP Peter Kenneth and his Gichugu counterpart Martha Karua. Hands-off nature of the President is a strong pointer he will be spending the remaining time consolidating his work on projects that could define his legacy.

Tax evaders

When Kibaki took over power in 2003, his appeared focused on improving infrastructure, hence the decision to tighten the law against tax evaders among other crosscutting reforms.

The Kibaki administration rolled out a massive road construction programme. He is now going round to commission other projects and to push for the hastening of road works to ensure they are completed in time.

Among the projects that have served as pet subjects for Kibaki is the Isiolo-Marsabit-Moyale road, which on completion, will link Kenya and Ethiopia.

After commissioning the road four years ago, the President returned to northern Kenya to open another phase of the project, a 136km stretch from Isiolo to Merille River.

The section is said to have cost Sh6.3 billion, funded by through a partnership between the Government and the African Development Bank.

Kibaki said the road would open up the northern Kenya region for development and investment. He said it would also serve as a connection to Ethiopia from the port of Mombasa.

“The upgrading of this road to bitumen standard is expected to contribute to the development of this region through increased trade and other business activities, including marketing of livestock produce,” the President said during the visit.

He also commissioned the construction of another 121km road from Marsabit to Turbi, calling on the contractors to hasten its construction.

Within the same week, the President had given the go-ahead for the construction on Lamu Port, another of his pet.

An indication that he wants to take credit for the mega- project, Kibaki said he was looking forward to commissioning it next year, the same year he is expected to leave office.

Noting that the project was mooted 36 years ago, he said: “It is my hope that with the completion of consultancy studies, the project can now be implemented without further delay. I look forward to commissioning the first ship docking at the Lamu Port next year,” said the President.

Contractors on the Nairobi-Thika superhighway – which would help define the Presidents policy on infrastructure – have been put on notice to complete work by mid next year.

As Kibaki enters the last year of his term, he is keen on turning his presidency into a success story.

MPs jittery over Political Parties Bill

Published on 07/08/2011
By Stephen Makabila

What would be the future of political alliances if Parliament outlawed pre-election coalitions?

The debate on Political Parties Bill on Tuesday in Parliament saw MPs oppose pre-election mergers, which have been common.

This opposition may just be a tip of the iceberg as more intricate issues continue raising storm. Centre for Multi-Party Democracy (CMD) has planned a breakfast meeting this week to cushion the Bill against being watered-down in the House.

“I have talked to some MPs and they are willing to attend the meeting to discuss the Political Parties Bill,” CMD chairman Justin Muturi told The Standard On Sunday. Muturi said CMD is against funding of regional parties, which he feels are more likely to be tribal, and which he says would be a contrast to the Constitution’s push for parties to have national attributes.

“We are also against the push by some MPs to allow a situation where one can walk in and out of a political party without notice. We need strong parties as institutions of public governance,” said Muturi in an interview. Political scientist Frank Matanga says pre-election coalitions are not healthy, as they end up leading to instability whenever basic agreements are honoured.

He cited the broken MoU between Narc and LDP, which led to a falling out after the divisive 2005 constitutional referendum.

“Post-election coalitions are stable, focused and promising as seen in Germany and Britain. Pre-election coalitions are mainly formed with purpose of capturing power,” said Prof Matanga, who lectures at Masinde Muliro University.

Ahead of the General Election, possible alliance include the so-called G-7, which seeks to block Prime Minister Raila Odinga from succeeding President Kibaki retires.

The G-7 alliance revolves around Vice-President Kalonzo Musyoka, Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, Saboti MP Eugene Wamalwa, and Assistant Minister Aden Dualle. Although the G-7 had indicated it was weighing between forming a pre-election alliance and fronting separate presidential candidates to force a presidential run-off, it remains to be seen how the expected law would affect the plot.

County seats

CMD has its own reservations. The Charles Nyachae-led Constitutional Implementation Commission is pushing for funding of regional parties, which may only field candidates for county seats.

“There may be parties which opt to participate in county elections alone. These are legitimate national elections occurring at a distinct level of government,” said Mr Nyachae.

According to him, restricting funding to parties that win seats in elections at the national government is a failure to recognise the legitimacy of county governments and violates the letter and spirit of the Constitution in Article 6. CIC also wants the Bill amended to provide that the distribution of funds to political parties be reviewed annually.

“Each party’s political representatives may change from year to year depending on successful election petitions, recall of MPs, and by-elections. It is necessary that these changes be reflected in the allocation of funds to reflect the constitutional principle of fairness,” the commission suggests.

Funding to parties

While opposing CIC’s push to fund parties that only win county seats, Muturi says any serious national party can win seats at national and county levels and that such a scenario should be encouraged.

“Parties should have a national outlook and be ran professionally. We do not want parties formed without ideology, and whose purpose is to win positions,” added Muturi.

Muturi also pointed out that CMD wants the office of the Registrar of Political Parties strengthened.

“The office should be powerful enough to even reject registration of a party that duplicates ideologies. There should be distinct ideological differences between major parties. Those that share ideologies should merge,” added Muturi.

When the Bill came up in Parliament on Tuesday, MPs accused the Registrar of Political Parties Lucy Ndungu of bias. MPs recommended tough action on destructive dissent in parties.

The Bill proposes deregistration of political parties if they do not conduct free and fair elections and calls for stern measure against defectors.

But Gichugu MP Martha Karua and Sirisia’s Moses Wetangula argued only the High Court and Supreme Court should exercise powers to deregister political parties. Wetangula opposed pre-election mergers and called for action against party rebellion. Kimilili MP Eseli Simiyu alleged the Bill was drafted to legitimise political alliances and “party hopping”.

Parties in mad rush to put their houses in order

Published on 30/07/2011
By KEPHER OTIENO

ODM and ODM-Kenya have embarked on an aggressive mission to reinvent their political strategies.

The steps follow a sharp drop in opinion poll ratings, which point to falling fortunes.

ODM, rated Kenya’s the most popular political party, dropped significantly from 42 per cent to 32 per cent in the latest Synovate opinion polls.

Equally, ODM-Kenya did not impress. The parties’ bet for president Vice-President Kalonzo Musyoka’s ratings continued to sink.

ODM brigade, led by Prime Minister Raila Odinga, last week quickly convened National Executive Council meeting to discuss a raft of issues, including the way forward as the General Election nears.

Sources privy to the meeting told The Standard On Sunday that a number of grassroots mobilisation strategies were proposed.

Party offices

The party tasked MPs to troop back to their constituencies and re-activate dormant party offices.

The MPs were also asked to increase their contacts with party supporters by making sure they hold weekly party meetings with local leaders.

The plans are part of strategies adopted by the party as it seeks to endear itself to the electorate.

“We want to see everyone making effort to sell party policies,” Raila told the MPs.

South Mugirango MP Manson Nyamweya said: “We are keen to bring Nyanza together to rally behind Raila as our presidential candidate without mixing signals.”

Planned meetings

Similarly, ODM-Kenya is not taking any chances. After the party rebranded in readiness for the 2012 General Election, it has now planned meetings with various caucuses.

In an interview with The Standard On Sunday ODM-Kenya Executive Director Henry Rop and National Executive Council member Marwa Maisori said they had lined up a series of strategy meetings.

On Thursday, they hosted women leaders, and next Wednesday they will meet party youth at Bomas of Kenya.

“We have teams, which we intend to invite for a meeting and lay out strategies to strengthen our party,” Rop said. He spoke as Maisori disclosed the VP had been given green light by the top party organ to set up his 2012 presidential campaign secretariat.

They said Musyoka would still be the party candidate next year, and that he would be hitting the campaign trail soon.

“We have also asked him (Kalonzo) to address national issues so that we are seen to be fighting for the national good,” Maisori said.

Your unity will not shake me, Raila tells rivals

By Allan Kisia and Roselyn Obala

Prime Minister Raila Odinga has said he is ready to face presidential aspirants who have indicated they would pick one candidate to face him.

In an apparent reference to G-7 Raila said the group cannot shake his presidential ambitions.

“You can go round saying how you will unite and will pick one presidential candidate but you will still come to face me. I am waiting,” he said.

And Deputy Prime Minister Musalia Mudavadi, who spoke at the same function, said he was also in the presidential race.

“I also want to be president. Raila also wants the seat but there can be only one at a time,” he said. Raila said ODM is still the party to beat and expressed confidence that it would form the next government.

“We will make sure that we beat our opponents with a margin that would not leave any doubt that we won the elections,” he added. Raila claimed that G7 would have a problem picking a candidate who would face him.

He explained it with a parable illustrating the situation facing the G7. “Rats once had plan of putting a bell around the cat’s neck to alert them whenever danger lurked. However, no one volunteered to take up the task of tying up the bell around the cat’s neck,” he said amid laughter.

Deputy Prime Minister Uhuru Kenyatta, Saboti MP Eugene Wamalwa and Eldoret North MP William Ruto, who are G7 members, have presidential ambitions.

The three have indicated they would pick one of them to go for the top seat.

Mr Wamalwa, who spoke earlier at the same function, told politicians not to underestimate him and gave the biblical example of the battle of David and Goliath.

They spoke during the burial of Leonida Mukonyi in Chegulo village in Kakamega North District. Mukonyi was Raila’s house help in his Nairobi residence, Karen.

Kalonzo officially kicks off State House campaign

Published on 30/07/2011
By VITALIS KIMUTAI

The rebranding of ODM-Kenya on Wednesday and the party’s Women’s Congress a day later marks the beginning of Vice-President Kalonzo Musyoka’s second stab at the presidency in the General Election.

It is a journey that Kalonzo has kicked off in earnest over the weekend following a three-day whirlwind campaign in Gusii-land, in Prime Minister Raila Odinga’s Nyanza backyard.

“We have picked an umbrella as a logo because people use it to shield themselves during rainy and hot seasons, while a wiper is used by those driving vehicles,” party Secretary General Mutula Kilonzo explains the changes.

Party officials also claim the changes were occasioned by the loss of votes during the last election when members confused it with ODM, whose presidential candidate was Raila.

The Standard On Sunday has further established that ODM-Kenya’s top decision making organ meeting last Wednesday also gave the VP the nod to set up a campaign secretariat, which is expected to be unveiled soon.

This development is bound to raise the interest within the so-called G7 group that includes Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto.

The three, alongside others, are in a pact to field one candidate against the Premier. The mode of doing so is yet to be agreed upon.

The estimated 600 women delegates who attended a national congress at Bomas of Kenya resolved to conduct grassroots campaign for the Vice-President.

In resolutions read by Nominated MP Shakila Abdalla, the women leaders from 47 counties said the party would support the Gender Commission Bill, which would empower women.

“We have also resolved that the party would support policies aimed at attaining food security and end starvation, which has caused deaths of thousands of people especially children, women and the elderly,” Abdalla said.

Beatrice Masis, a NEC member, said ODM-Kenya was entrenching itself at the grassroots and that it was popular among women and youth.

Mary Kithika from Central Province said Kalonzo had endeared himself to the residents of the region and expressed hope that he would succeed Kibaki in the 2012 presidential race.

“I am sure that with more visits to the region, the people of the larger Mount Kenya would vote for Kalonzo,” she said.

Afya Rama from the Coast region said women would conduct door-to-door campaigns for the Vice-President when the campaigns kick off.

Information Minister Samuel Poghisio, who is the party chairman, said he was proud that women were taking part in the rebranding and campaigns for the party.

Kalonzo, while addressing the women, said ODM-Kenya wanted women empowered to achieve 50-50 per cent gender parity, which is beyond the one third provided for in the new Constitution

Constitution committee plans Bills merger to beat deadline

Published on 09/08/2011
The Constitutional Implementation Oversight Committee (CIOC) will merge two Bills in a bid to pass 18 pending Bills before August 27.

The committee also asked Justice minister Mutula Kilonzo to discuss with the House Business Committee (HBC) possibilities of extending parliamentary sittings, including on weekends, to speed up the passing of several Bills before the constitutional August 27 deadline.

Last week the CIOC threatened to ‘punish’ the minister if he failed to table Bills still held by the Attorney General, the Cabinet and the Commission on the Implementation of the Constitution (CIC) by yesterday.

Meanwhile, the CIOC will begin to vet nominees to the Judges and Magistrates Vetting Board on Friday as Parliament plots to take a final vote on the Political Parties Bill on Thursday.

Vice-chairperson Millie Odhiambo said yesterday that the committee had derived a formula to pass five Bills in a week and announced that MPs have just 13 days, to pass the 18 laws, including the Environment and Land Court Bill and the Power of Mercy Bill, which have not even been drafted.

Odhiambo said the committee “has no intention” of seeking Parliament’s approval to extend passage of these laws beyond August 27 as suggested by Vice-President Kalonzo Musyoka last week.

The strategy

The strategy involves the creation of three sub-committees within the 27-member CIOC to scrutinise the pending Bills.

After discussions, Odhiambo said a sub-committee, led by nominated MP Amina Abdallah, would merge the Kenya National Human Rights Commission Bill and the Commission on Administrative Justice Bill.

The merger was proposed at the MPs’ retreat in Mombasa at the weekend which also recommended the Bills’ suspension from debate.

The merger means either a new Bill will be drawn covering aspects in both or one of them will be withdrawn and the remaining one amended to include the other.

CIOC agreed to allow its vice-chair to consolidate all proposed amendments to the Political Parties Bill for a fast approval of the final vote.

She said Parliament would not be held back from vetting the Judges and Magistrates Vetting Board nominees if the President delays in naming the three foreigners to sit on the Board.

“We have confirmed that we actually have 13 days and not 17 days to ensure that all the Bills have been passed,” she said.

Assistant minister Alfred Khang’ati will chair the sub-committee that will scrutinise the private Bill, The Ratification of Treaties Bill.

The committee agreed that the merged Bills (the Treaties Bill, Political Parties Bill and the National Gender and Equality Commission Bill) are approved by Thursday.

Kenya: Rachuonyo South district residents concern at the strange conduct of their D.C

Forwarded by Leo Odera Omolo

As the outcry persist in different parts of the country over the conduct of several provincial administration officials who are accused of committing crime ranging from theft of relief food, to corruption and impunity.The residents of South Rachuonyo District in HomaBay County are not spared, they have been left wondering in fear why their area DC John Olekepas and his political bed fellows from the area have chosen to use public political fora to vilify and threaten residents who have secretly tipped him on security matters.

Led by Young Orange Democrats luminaries Aguko Mayora and Omondi Otore, the residents claimed that the area DC’s action depicted him as part of anti-reformist civil servants who is busy serving purposes that are clearly personal and not public.” The DC is not ready to work in consonant with the new constitutional dispensation, he is busy looking for political ways to protect the status quo to propel his political interest in Kajiado in 2012 elections” said Otore.They asked the DC not to get involved in the local politics instead he should try to concentrate on his duties as a civil servant.They further requested the minister for internal security Prof.George Saitoti to intervene and appoint an independent team of detective to investigate the conduct of the DC as members of the public are now scared of passing information to the authorities for fear of being betrayed.

On 18/7/11 the Kasipul Kabondo area member of parliament had convened a political rally at Waradho in Kachien North Location to drum up support for his re-election in 2012.A business magnet from the area Ong’ondo Were got an information from some residents that some youths armed with crude weapons were planning to disrupt the rally and later blame it on him as part of hate and smear campaign against him,Were called the area DC asking him to investigate the claim.The DC who was reportedly in Kisii town a distance of 25 Kms from his area of work is said to have instantly dismissed that information as fabrication and won that the motive of that information was to undermine his authority as head of security in the area.

The Dc who is said to be vying for a political office in one of the constituencies in Kajiado county however, rushed to the rally, instead of keeping vigil or otherwise investigate the allegations,he took to the podium and addressed the crowd revealing to them that he had been called by One Ong’ondo Were to investigate some claims about insecurity at the rally adding that he knew even before he came that he was given a false information and that Were should be forced to substantiate his claim before the District panel.The DC said he was to sermon Were to appear before the District Security team for interrogation the following day.To date the DC has not formally sermon any body over the incident.

The Dc later colluded with a nominated Councilor who the residents have been accusing to have spearheaded the burning of Wire forest during the post election violence to fire residents who are complaining about the DC. addressing a funereal in North Kamagak Councilor Arthur Aoko warned that the area DC will stamp both his political and administrative authority over those who think can undermine his leadership and that of the current Kasipul Kabondo Mp.In another memorable incident last year during the campaign for the new constitution locals got the wind that there were some youths who wanted to disrupt YES rally that was to take place in Kadongo and Oyugis organized by some parliamentary aspirants without the blessings of the area member of parliament.When the DC was secretly briefed by the organizers of that rally he came to the scene closely escorted by the very youths that were being mentioned as suspects the DC instead of providing security dispersed the crowd that was being addressed by prof.Richard Muga as the said youths pounce on innocent people with crude weapon.In another dictatorial move is an incident in North Kamagak where the DC had authorized the prospecting of Iron Ore at God Nyango without consulting members of the community,he even threatened to arrest one Leo Ooro who had challenged the viability of the project.

While addressing several gatherings within the Kasipul Kabondo constituency Aguko Mayora and Otore praised the police for their ethical and professional abilities in handling issues of security.But said they are highly suspicious with the manner in which the area DC is handling his work.”We have a lot of respect to madam(OCPD) and her team ,but not this politician in the name of a DC,we wont surrender to his dictatorial political styles meant to harass and torture innocent residents of South Rachuonyo “said Aguko who was visibly agitated.

USA: Second Amendment & SuperCongress

From: octimotor

Consider the issue concerning nations’ citizens and their being officially allowed, vs not allowed, to “keep and bear” firearms.

Between, on one hand, USA, and on the other hand places such as UK and Kenya, there has over the national histories to date been political / social traditions on this matter which have differed markedly from each other. In the former, this condition has been officially allowed to the citizenry, while in the latter settings, it has not. In the USA this has been referred to the “second amendment rights”, under the national constitution.

USA, at the moment, has been in the midst of heated disputes & negotiations between the legislative branch and executive branch over national debt, its ceiling, the ability of the nation to avoid default upon paying its expenses. US practice has thus far been for the power to allow or deny the nation’s spending of money on given purposes to rest with congress. Now, though, arising out of the debt ceiling negotiations there is a new institution coming onto the scene, called a ‘super congress’.

The article below draws attention to potential risks posed by this new institution. Rather than being narrowly limited to specialize in “streamlining”, “expediting”, the details of national debt ceiling, of budgets cutting, the topics it is allowed to address are instead very broad.

The prospect, that the ‘supercongres’ may be used as a tool to sneak into becoming statutes a number of controversial & unpopular anti-2nd amendment measures which the previously “un-streamlined” legislative political process had stalled, is highlighted by the article below.

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http://www.infowars.com/super-congress-to-target-second-amendment/

Super Congress To Target Second Amendment

Unconstitutional body created by debt deal to get “even greater super powers”

Paul Joseph Watson & Alex Jones
Infowars.com

Monday, August 1, 2011

The so-called “Super Congress” that is about to be created with the debt ceiling vote will have powers far beyond just controlling the nation’s purse strings – its authority will extend to target the second amendment – eviscerating normal protections that prevent unconstitutional legislation from being fast-tracked into law.

As the Huffington Post reported last month, the debt deal that has already been passed by the House and faces the Senate tomorrow will create an unconstitutional “Super Congress” that will be comprised of six Republicans and six Democrats and granted “extraordinary new powers” to quickly force legislation through both chambers.

Legislation decided on by the Super Congress would be immune from amendment and lawmakers would only be able to register an up or down vote, eliminating the ability to filibuster. The Speaker of the House would effectively lose the power to prevent unpopular bills from making it to the House floor.

But far from just being a committee that would make recommendations concerning the debt ceiling, the body is now to be granted “even greater super powers, according to multiple news reports and congressional aides with knowledge of the plan,” writes Michael McAuliff.

Senate Majority Leader Harry Reid (D-Nev.) pulled no punches in making it plain that the Super Congress would have supreme authority. “The joint committee — there are no constraints,” Reid said on the Senate floor. “They can look at any program we have in government, any program. … It has the ability to look at everything.”

That includes introducing laws to restrict the second amendment, states a Gun Owners of America bulletin, warning that the body would be “a super highway for gun control

“Gun owner registration … bans on semi-automatic firearms … adoption of a UN gun control treaty — all of these issues could very well be decided over the next 24 hours,” states the GOA release.

Senate Minority Leader Mitch McConnell (R-Ky.) echoed Reid’s sentiment, asserting that the Super Congress was “not a commission, this is a powerful, joint committee.”

The Obama administration has already indicated that it will take the deciding vote as the de facto 13th member of the Super Congress. During his press briefing today, White House press secretary Jay Carney said that the government would work with the Super Congress to hike taxes in 2012 and beyond.

Barack Obama has already exercised his fetish for executive autonomy by launching the attack on Libya without Congressional approval, bypassing Congress and having the EPA declare carbon dioxide a pollutant, as well as the appointment of ten state governors directly selected by him who will work with the federal government to help advance the “synchronization and integration of State and Federal military activities in the United States”.

The administration’s zeal to target the second amendment “under the radar,” as Obama promised earlier this year, has also manifested itself in the form of ATF harassment of gun owners who purchase two or more firearms, despite the fact that the law to mandate such a policy failed to pass.

The establishment of a “Super Congress” will completely demolish the credibility and the authority of the system of elected representatives. It represents another final nail in the coffin of the American Republic and its replacement with an executive dictatorship run by the political elite.

******

Paul Joseph Watson is the editor and writer for Prison Planet.com. He is the author of Order Out Of Chaos. Watson is also a regular fill-in host for The Alex Jones Show.

Kenya: PM Raila Suspends Top Aide

from Judy Miriga

Folks,

For the sake of Peace, Love and Unity of Common good of all, the process of change through Freedom of Speech, Information and Association must be accommodative…. This is because, The Truth is bitter, but it MUST be told………Corruption and conspiracies MUST be WRESTLED……..Men, Women and Children, must come out and face this DRAGON……….People, There is no short-cut……….there is no easy way, there is no where to hide. It is coming to your doorstep whether you like it or not…….It is coming in Leaps and Bounts, you will face it in the form of joblessness, extreme hunger, the little wealth you own, will also be taken away from you………death looming with lamentation everywhere……….The Dice has been cast……..The Status Quo are busy Re-Aligning Winning Strategies………But, do they care about competing fixtures of the New Constitution Implementation for Federal Majimbo County Set-up, and provide the needed Civic Education…??? I dont think so, it is delaying tactics, all they want is how they can generate more money to fill up their campain kitty…….

People, it is now that you stand tall and be United Now with the Righteous to save Kenya, or you are doomed and perish……..What is happening in Somalia has arrived and is in Kenya in droves……The good Responsible people who could be trusted to do what is right in likes of Mr Allan Odongo, has become a sacrificial lamb……..United, we are Strong, Devided, we perish…….

Yes, and in our records, we can remember how James Oswago tried to frustrate good outcome results received during the Referendum……..How can I be convinced…..????

We currently have Al-Shabaab who played part of local Civil Society in Kenya in day to day activites mingling with ordinary Kenyans as Kenyans, but majority of them have faked papers or are illegally staying in Kenya……..they are known to be members of the Kenyan Civil Society, but yet, some were found out in Court that they are top members of Al-Shabaab living comfortably in Kenya………Some of the same group were part of those trained by Uganda as Somali Soldiers, but recently were removed from Uganda to Kisumu. They are loosely praying between Kisumu and Siaya, in and around Lake Victoria, Migingo and Ugingo……..!!!!!……..There is a serious undercover of Conspiracy going on and people cannot afford to sleep any more…….!

Human Trafficking and Slavery, Child selling and porno are crimes and violation against Human Rights that must be met forcefully be suppressed and the players be netted to face justice……….These are signs of curses and Kenya is in deeper problems, than we can imagine……..

Rumours have it that some Politicians are engaged in supporting and Sponoring Al-Shabaab, and the center of Al-Shabaab and Al-Qaeda sympathizers are in Eastleigh Nairobi………and in Utange in Mombasa Kisauni………That Turkana was being cleaned to provide for sneaky investors while ocupying somali Refugees while wiping out the indigenous……….This is just a tip of an iceburg……….Open your eyes and open them wide……….!!!!!!!………….!!!!!

Enough is Enough……..!!!!

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

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bwanda Ja-Karapul (Nyatiti)

Raila Suspends Top Aide
4 August 2011

Prime Minister Raila Odinga has suspended his advisor on coalition affairs Miguna Miguna.

Mr Miguna was suspended Thursday over gross misconduct as a probe over hate campaign in the Interim Independent Electoral Commission takes root.

He is accused of among other things harassment, intimidation and use of abusive language to colleagues.

On Wednesday, the IIEC recalled chief executive officer James Oswago from an overseas trip and suspended his personal assistant in a crackdown on a smear campaign targeting commissioners.

The IIEC also called in the Kenya Anti-Corruption Commission (KACC) to investigate allegations of nepotism, corruption and infighting.

Chairman Ahmed Isaack Hassan dismissed the allegations as “totally false” and political.

“We have operated this commission with utmost high standards and professionalism. We hired a human resource firm to do the recruitment. This is the first time that the electoral commission was even advertising for clerks. We have been very professional and transparent. That is the reason we find those allegations very malicious and just out to destroy us,” he said.

Mr Hassan said Mr Allan Odongo was suspended after articles painting the commission in bad light were found on his laptop.

“Some of the articles are word for word of what has been printed in a local paper’s opinion pages under a different byline. The other articles were due to be released in subsequent publications. The commission has since suspended the said officer pending further investigations,” the IIEC chairman said.

Election Body Recalls CEO From Trip in Hate Probe
Walter Menya
3 August 2011

The Interim Independent Electoral Commission has recalled chief officer James Oswago from an overseas trip and suspended his personal assistant in a crackdown on a smear campaign targeting commissioners.

The IIEC has also called in the Kenya Anti-Corruption Commission (KACC) to investigate allegations of nepotism, corruption and infighting.

Chairman Ahmed Isaack Hassan dismissed the allegations as “totally false” and political.

“We have operated this commission with utmost high standards and professionalism. We hired a human resource firm to do the recruitment. This is the first time that the electoral commission was even advertising for clerks. We have been very professional and transparent. That is the reason we find those allegations very malicious and just out to destroy us,” he said.

Mr Hassan said Mr Allan Odongo was suspended after articles painting the commission in bad light were found on his laptop.

“Some of the articles are word for word of what has been printed in a local paper’s opinion pages under a different byline. The other articles were due to be released in subsequent publications. The commission has since suspended the said officer pending further investigations,” the IIEC chairman said.

But Mr Odongo disowned the articles in a letter to the chairman, and questioned the motive of suspending him without pay.

“A word document titled Seven Facts You Did Not Know about IIEC and which was found on my office laptop was given to me, together with other materials, from another source. Please note that the said documents alleged to have been found on my laptop are common documents circulating around in the media houses and a section of the civil society,” Mr Odongo stated.

He said the articles raised fundamental issues on governance, integrity and the rule of law.

Earlier, Mr Hassan said the suspended officer had told investigators that he was acting alone.

Mr Oswago left for the Philippines early this week. Mr Hassan and Commissioner Winnie Guchu were to travel with him, but abandoned the trip at the eleventh hour.

“If I was away with him in Philippines, we would not have been able to do the investigations we did to uncover the truth and actually go to the bottom of it,” the chairman told journalists flanked by commissioners Davis Chirchir, Guchu, Yusuf Nzibo, Tiyah Galgalo, Ken Nyaundi, Hamara Ibrahim Adan, Douglas Mwashigadi and Deputy CEO Gladys Shollei.

The contentious articles doing the rounds on email claim commissioners appointed their friends and allies to secretariat and field positions, and were holding brief for their political masters.

“The timing of these malicious allegations is suspect. We are in a transition and it is highly possible that some forces would like to influence who manages the 2012 elections. There is evidence that they are using some of our staff to champion their selfish interests,” said the IIEC boss.

The fallout has been linked to succession wars, with a new team expected to take over soon.

Nairobi Star (Nairobi)
Kenya: Abdikadir Warns Over Delays in Creation of LEBC
Isaac Ongiri
3 August 2011

THE creation of a new electoral agency may fail to take off if disagreements regarding the role of the commission in the delimitation of boundaries is not solved.

Chairman of the Committee on Implementation and Oversight of the Constitution Abdikadir Mohamed said emerging conflict and misinterpretation of the role of the IEBC on the boundary issue is disturbing. He was speaking outside Parliament after chairing a meeting of the CIOC.

He said that shifting of goal posts and outrageous outbursts over the boundary issue could permanently paralyse the ongoing plans to create a permanent electoral commission.

“There are those who want the delimitation to start afresh but the law outlines specific roles for the IEBC,” Abdikadir said.

The CIOC boss warned that the country could plunge into a irreparable constitutional crisis if leaders introduced unnecessary debate over the controversial boundary issue.
He said that his team has summoned the chairman of the Commission on Implementation Commission Charles Nyachae to clarify his numerous conflicting interpretations on different aspects of the constitution, and various acts being generated through Parliament. “We are shocked at the flying press statements here and there.

We want this process to continue unhindered and so we have asked the CIC chairman to come and talk to us about these issues instead of talking to the press,” the MP said.
On Monday Nyachae called for the amendment of the IEBC Act and warned that failure to do so could halt plans to create the 80 new constituencies. He faulted several parts of the Act saying they were defective and called for an amendment.

Abdikadir said that Nyachae and other stakeholders including ministers from ministries driving key legislations will meet the CIOC on Friday to try to unlock the process.
He said that the committee will ask for the expansion of the parliamentary sessions by 50 per cent to enhance the handling of the bills that must be passed before August 27.

Some 15 bills are yet to be tabled in Parliament despite the fact that the deadline for their passage is fast approaching. Members of the CIOC want parliament to work overnight and through the weekend to facilitate the urgent passage of the bills.

The pending bills includes the Independent Ethics and Anti Corruption Commission Bill, The Commission on Revenue Allocation Bill, The Police Service Commission Bill, The Independent Policing Oversight Authority Bill, The Ratification of Treaties Bill, The Employment and Labour Relations Bill all at the Attorney General’s office.

Others pending before the CIC include The Elections Bill, The Kenyan Citizens and Immigration Bill, The Kenya Citizens and Foreign Nationals Management Service Bill, The Public Financial Management Bill and the Urban areas and cities Bill.

Nairobi Star (Nairobi)
Kenya: Tribalism, Nepotism Are Rife At the IIEC
Gikonyo Boaz
2 August 2011

These are facts. If you find them unsettling, then we have cause to be afraid, very afraid, indeed. If you doubt these please seek to establish the same from any or all of the following; Institute of Education in Democracy (IED), Electoral Institute for the Sustainability of Democracy in Africa (EISA), National Democratic Institute (NDI), International Commission of Jurists-Kenya Chapter (ICJ-Kenya), the Law Society of Kenya (LSK), URAIA e.t.c. These are NGOs involved intimately in supporting and collaborating with IIEC in various ways. On issues touching on governance or corruption in the IIEC, even the state Intelligence agency, we are sure has corroborative evidence.

The IIEC commissioners are fiercely divided on regional or tribal lines. First, against all common sense and better judgment, they first recruited Regional Election Coordinators (RECs), Constituency Election Coordinators (CECs) and Managers. Then lastly contracted the recruitment of the Chief Executive Officer (CEO) and Directors to KPMG. Reasonable approach would have started with the CEO and Directors who would have been instrumental in putting up criteria for the recruitment of lower cadre. The reason is simple: Commissioners see themselves as representing and projecting ‘provincial’ interests and their own personal interests.

The result is that nearly all RECs are either directly related to the Commissioners or were recruited at the behest of dominant political interests in the provinces. For instance, how is it that in the entire Rift Valley, all the three RECs are either Kipsigis or related to the Commissioner from the same ‘region’? How come there is not one Maasai as REC? And why is the REC for Southern Rift located in Bomet Town and not Narok? Could it be because the Commissioner for Rift Valley is a Kipsigis? Can it be denied that the South Rift Regional Elections Coordinator is related to the Commissioner for Rift Valley?

In Nyanza, the REC for South Nyanza, a Kisii, has lived and still lives in Eldoret Town where her home immediately borders that of the Commissioner for Nyanza, also a Kisii, and the two are long-time family friends. The Chairman himself is a relative of the REC for Garissa and many CECs!

There is a Staff Disciplinary Committee in the Commission. Fraud cannot be prosecuted because the commissioners protect their own. Example: A CEC related to the Rift Valley Commissioner, withdrew money to pay clerks, about Ksh. 400,000. His station is Muhoroni Constituency. Instead of paying the clerks he took the money to Eldoret, booked himself into a hotel with his wife and enjoyed mightily. Later he claimed that the money was stolen. The CEC was suspended and should have been sacked in accordance with the Commission’s disciplinary procedures. But the Commissioner from Rift Valley obstructed the process arguing that the fellow had returned the money after getting the family shamba sold and that this was enough punishment. ALL CECs from Nyanza, Rift Valley and Western Provinces were interchanged. This means that CECs that originate from Nyanza can be found posted to constituencies in either Rift Valley or Western Province and vice versa. Therefore, the CEC for Kisumu Rural Constituency is a Luhya; Budalangi a Kalenjin; Bomachoge a Luhya; Tinderet Luhya; Muhoroni Kalenjin and Narok South a Luo. This ‘ethnic interchange’ affected only Nyanza, Western and Rift Valley Provinces. The Commissioner for Central led a rebellion against this policy and the result is that all CECs born and bred in Central serve only in Central. So, if a general election is called, all poll officials from Central will be Kikuyus, while in Rift Valley, Nyanza and Western, there will be an ‘ethnic interchange’. As well, all Kambas will serve in their own backyard. In North Eastern, Eastern and Coast Provinces it will be the same thing. The Chairman of the Commission failed dismally to enforce a standard policy across all regions and this is a time bomb waiting to explode if not addressed immediately.

To make matters really worse all Regional Election Co-ordinators serve in their Regions of birth. In South Nyanza which includes Kisii, the REC is a Kisii, in Luo Nyanza, a Luo,in Central all the two RECs are Kikuyus, in Coast, North Eastern Western and Eastern the same!

All public and private sector employees in Kenya do not work only in the provinces of their birth. Why is IIEC so primordial in its thinking? In the entire North Eastern, Eastern, Central and Coast provinces, all electoral officials are native. This is a recipe for electoral fraud. This much can be guaranteed.

Commissioners have attempted to influence or influenced the conduct of elections to the extent that, due to repeated public outcry, the Commission adopted an unofficial policy that a commissioner will not take part in or supervise any election taking place in their Region or Province. But this policy hasn’t been enforced consistently as the examples here illustrate. In the recent Juja by-election, all the seven candidates – except Thuo who was considered by many to be a ‘state candidate’ – stormed the offices of the IIEC and protested at the ‘visible’ partisan involvement of Commissioner Winnie Guchu in the elections in favor of Thuo. This was widely covered in both the print and electronic media. The same was repeated in Kirinyaga where Martha Karua loudly, repeatedly and bitterly complained about the partisan state role in the election and the biased role of Commissioner Winnie Guchu. These are facts that the IIEC Chairman and his Commissioners must be asked to confirm or deny!
The writer comments on topical issues.

Nyanza Women demo Against Harassment
Thursday, 04 August 2011 00:14 BY JUSTUS OCHIENG’

Women in Kisumu yesterday protested against political violence and intimidation from their male opponents. The women thronged the streets of the lake side town from as early as 8 am to protest against violence and singled out the recent incident that saw the beating of a councilor in Siaya during the mayoral elections. Youths in Siaya beat Jera ward councilor Elizabeth Owino for opposing councilor Aggrey Onyango.

Demonstrating women claimed gender violence had scared women in the region from contesting for political seats. “For a long time, such events have made women shy away from politics in the province,” they added. They pointed out that the new constitution gave women equal opportunities adding that they should not be undermined when they declare their interest to vie for any elective position.

They vowed not to allow women denied their rights that are articulated and protected in the new constitution. “We the women of Nyanza condemn in the strongest terms possible those who seek to rubbish the very spirit of our new constitution,” they added.

KENYA: WORKSHOP ON LAND AND WATER SECURITY

Colleagues Home & Abroad Regional News

BY FR JOACHIM OMOLO OUKO, AJ
WUNDANYI-TAITA TAVETA
FRIDAY, JULY 29, 2011
TAKE-3

Workshop on land and water security entered its third day yesterday here at Taita Taveta County in Mombasa Catholic Archdiocese with challenges on the implementations of the new constitution with some participants wondering why Kenyans voted for it overwhelmingly despite the fact that some church leaders told their flocks to vote against it.

Some participants were even concerned why the very church leaders who rejected the constitution and called the meeting to condemn one single man for wearing stud on his ear cannot do the same for over 10 million Kenyans who die of hunger.

Church leaders fear they would be blamed if they don’t condemn things that touch on morality that is why they were afraid if they did not reject the constitution because of abortion or condemn Dr Willy Mutinga for wearing the studs, which to them meant that he was either homosexual or advocating for it they would be blamed.

Those who die of hunger or still live in IDPs camps is not of a great concern to church leaders because they don’t touch on morality and therefore don’t see any need to call for meeting to push on the government to ensure that no body is dying because of hunger when they are able to feed them.

Kenyans overwhelmingly and peacefully voted “YES” for a new constitution as opposed to some Church leaders who commanded their flocks to vote “NO”. ‘YES’ got 5,954,767- representing 67.25 percent of the total votes while “NO” got 2,687,193- representing 30.25 percent.

Kenyans and for that matter, the vast majority of Christians went against their church leaders’ command and voted “YES” because they generally agreed that the proposed constitution, while not perfect, is a huge improvement over the old constitution, a colonial-era document that gives almost total power to the President and leaves out any mention that the government serves at the behest of Kenya’s citizens.

They voted “YES” because Kenya’s new constitution is not only designed to re-distribute political power away from the capital, Nairobi, to 47 newly created counties (the devolution of powers), but also the land issue. It explains why numerous groups played a pivotal role in delivering this historically critical outcome, including established groups such as the Kenya Land Alliance.

Other groups included the Center for Land Economy, Women’s Right Movements, the Green Belt Movement, and newer groups such as the young women’s advocacy group Warembo ni Yes (an outgrowth of Bunge la Mwananchi—Women’s Social Movement).

Warembo ni Yes used new technologies such as mobile phones, Facebook, Twitters and the Internet, and more traditional methods such as community forums to amplify the voices of their constituency. In the process, innovative female leaders emerged to advance women’s rights.

Women were to vote overwhelmingly for the new constitution because it guarantees that they will fill at least one-third of elected and appointed government posts, land and property inheritance. Under Kenya’s previous law, inheritance was governed by customary law, often preventing women from inheriting property from their parents or laying claim to joint assets when their husbands’ died.

A new Bill of Rights also provides that all marriages shall be registered under an Act of Parliament. This means that even customary law marriages will be certified, protecting women’s interests in disputes between a widow and her in-laws over property. Currently, in the case of customary marriage it is the in-laws who attest to the existence of the union since they are the ones who oversee the traditional wedding.

In the new dispensation, all marriages will be officially registered. Women will also be protected from claims by other women who turn up following a man’s death, claiming to have been married to the same man under customary law and demanding a share of his estate – a common occurrence.

Historically land has been the centre for controversy in Kenya especially the issue of women being denied the right to own or inherit land. There are numerous cases where women are disinherited of land and new law seeks to change this as stated in the following articles Article 60:

(1) Land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, and in accordance with the following principles-

(f) Elimination of gender discrimination in law, customs and practices related to land and property in land: Article 68 Enact legislation (vi) To protect the dependants of deceased persons holding interests in any land; and water.

The new law defines community land as ancestral land and lands traditionally occupied by hunter –gatherer communities or lawfully held as trust land by the county governments. The new law entrenches provisions that protect culture and traditional lifestyles of indigenous people.

“The constitution shall protect indigenous communities that have retained and maintained a traditional lifestyle and livelihoods based on hunter- gatherer economy or pastoral persons and communities, whether they’re nomadic or settled community because of its relative geographical isolation who have experienced only marginal participation in social and economic life of Kenya as a whole.

That is why a day after Kenyans voted to accept a new constitution women across the country spoke about their hopes and expectations. Formerly women have been robbed of their financial contributions to matrimonial assets.

Men for example could just wake up one morning and sale the house they had bought together with his wife without her consent. This cannot happen now because the new constitution provides for the elimination of gender discrimination in law, customs and practices related to land and property.

This is indeed a very historic moment for the women of this country who have for years battled with their in-laws in succession cases. Formerly in the case of customary marriage it is the in-laws who attest to the existence of the union since they are the ones who oversee the traditional wedding.

The new constitution also grants health budgets for counties, making health care services more available in rural areas. It will ensure that there will be better deployment of health workers in all parts of the country, better nutrition and provision of health services. This will enable more women to deliver in hospitals and a sharp improvement of family planning services.

People for Peace in Africa (PPA)
P O Box 14877
Nairobi
00800, Westlands
Kenya
Tel 254-20-4441372
Website: www.peopleforpeaceafrica.org

Kenya & Rwanda: Approved AKR Constitution

from Association KenyansinRwanda

Dear All,

Kindly find attached a copy of the constitutition which was approved by members on 16th July 2011. Please read the document especially if you want to serve AKR in a official capacity because it is our fall back when things are not clear.

The election were set to 6th August. The procedures will be clarified by the newly formed elections committee according to the new constitution.

Thanks

John Kamwengu
Acting Chair

– – – – – – – – – – –

ASSOCIATION OF KENYANS IN RWANDA (AKR)

CONSTITUTION AND BY LAWS

June 2011

Notes on this Constitution

Included:

Clear guidelines about what happens when an Executive Committee is not operating properly.
Clear guidelines about responsibilities of the Executive Committee .
Clear guidelines about duties and responsibilities of the officers of exc com.
Changes in the compostion of the executive committee.
Clear guidelines on membership , dues and cessation of membership.

ARTICLES OF THE CONSTITUTION

1. Name, Mission Statement, Vision, Purpose, and Objectives

2. Jurisdiction

3. Membership

4. Officers/Executive Committee of Directors

5. Financial Provisions

6. Meetings

7. Bylaws

ARTICLES OF THE BYLAWS

I. Membership

II. Executive Committee

III. The Executive Committee

IV. Election of the Executive Committee

V. Authority

VI. Meetings

VII. Financial Provisions

VIII. Committees

IX. Bylaw Amendments

X. Termination

CONSTITUTION

ARTICLE 1: NAME, MISSION STATEMENT, VISION, PURPOSE AND OBJECTIVES

Section 1: Name

The name of this organization shall be the Association of Kenyans in Rwanda(AKR), hereafter referred to as AKR. AKR shall be a non-profit community based organization.

Section 2: Mission Statement

The mission of AKR is to encourage and foster successful participation and integration of the Kenyans in Rwanda in the educational, social, political, civic, and economic activities of Rwanda. AKR is a welcoming and integrating organization, and will strive to provide the tangible and intangible social infrastructures that are needed to settle and motivate new migrants of Kenyan descent in Rwanda temporarily or permanently.

Section 3: Vision

AKR envisions a society in which all individuals of Kenyan descent, have equitable opportunities to realise their full potential and to participate meaningfully in the building of their careers and personal growth during their stay in Rwanda.

Section 4: Purpose

AKR’s purpose is to provide services to its members and to network with all levels of business, government and with other organizations for the benefit of its members and the community at large.

Section 5: Objectives

To partner with government departments, public and private organizations and agencies in attracting, settling, integrating, and retaining Kenyans in Rwanda.

To support the provision of services that encourage education, social services, civic, political and economic participation of the Kenyan community.

To collaborate with government departments and agencies, public and private organizations and agencies to reduce barriers that hinder the full participation of Kenyans in the development of Rwanda.
To encourage and to promote the participation of people of Kenyan descent in the building of Rwanda through cultural, educational, political and social network and activities.

To generate and maintain a comprehensive database of Kenyan Diaspora that will serve as a resource base for members, organizations, and the general public.

To sustain a collaborative and cooperative relationship with public and private agencies.
ARTICLE 2: JURISDICTION

Section 1: Scope of Opération

The activities of AKR are to be carried on within Rwanda or within such geographical area as the Executive Committee may from time to time define.

AKR office shall be in Kigali.

Section 2: Registered Office

The registered office of AKR shall be

C/O Kenya High Commission Kenya

P.O. Box 6159

KIGALI-RWANDA

ARTICLE 3: MEMBERSHIP

Categories of Membership

Membership will be of three classes; Regular, Corporate and Honorary

ARTICLE 4: OFFICERS/EXECUTIVE COMMITTEE OF DIRECTORS

AKR shall be governed by an Executive Committee of elected members. The governing committee shall be known as The Executive Committee

ARTICLE 5: FINANCIAL PROVISIONS

Section 1: Budget

A detailed budget approved by the Executive Committee shall be presented to the general membership for ratification one month after the AGM.

Section 2: Liability

AKR is not responsible for personal liability or property damage that occurs during the Association activities.

ARTICLE 6: MEETINGS

Regular general membership meetings will be held every month.

ARTICLE 7: BYLAWS

AKR may adopt such bylaws as it deems necessary, and may amend them or set them aside by majority vote of those present and voting with the provision that no such bylaw may contravene this constitution.

BYLAWS

ARTICLE I: MEMBERSHIP

Section 1: Class of Membership

Membership in AKR shall be open to individuals or groups of Kenyan descent as stated in the constitution Article 1. (2) (3) (4) (5) and subscribe to these bylaws.
Membership will be of three classes, Regular, Honorary and Corporate, as stated in the Article 3 of the constitution.
Section 2: Definition of Membership

Regular Membership:
Regular membership is limited to individuals of Kenyan descent and the non-Kenyan spouses and dependents of Kenyan immigrants.
Regular Members in good standing may vote, participate in all general membership activities and join committees.
Regular Members who meet requirements may hold any position on the Executive Committee.
A regular member will maintain membership by attending at least 60% of the general meetings , paying annual membership fee and being fully paid up in all contributions.
Membership will be renewable annually at the AGM.
Honorary Membership:
An individual, not a member of AKR Association, having performed outstanding service for the community of AKR , upon whom this association desires to confer special distinction.
A past member of the association currently not resident in Rwanda whom the executive committee may bestow upon this membership. This member shall not pay monthly subscription fees but may attend meetings and vote on resolutions but shall not be entitled to vie for any office.

Corporate Membership:
Corporate Membership will be extended to:

Groups: registered organizations that meet conditions set in Article I, Section 1 (a) of AKR’s bylaws.
Corporations: Any registered businesses that have met the conditions for corporate membership.
All applications or recommendations for Corporate Membership in AKR shall be submitted to the Executive Committee and approved by a simple majority of members of the Executive Committee .
Corporate Members cannot vote and shall not hold any position on the Executive Committee.

Section 3: Membership Obligations

Every Member is expected to pay annual dues and levies to remain in good standing.
Members should actively participate in AKR events.

Section 4: Dues

Membership dues for Regular and Corporate classes will be set by the Executive Committee and are approved by the community at an annual general meeting of AKR.
All Regular and Corporate Members must complete a membership application form and pay the prescribed dues.
In special cases membership dues for a Regular member may be waived by the Executive Committee. An application for fee waiver must be made to the Executive Committee for consideration.

Section 5: Cessation of Membership

Membership of AKR shall cease if a member fails to pay annual registration fees payable in a year.
Membership of AKR shall cease if a member submits in writing a resignation letter to the Executive Committee (voluntary resignation).
Membership can be revoked on the recommendation of 2/3 of members .
Resignation or revoked membership does not provide relief to any financial obligations the member may owe to AKR prior to cessation of membership.

ARTICLE II: THE EXECUTIVE COMMITTEE

Section 1: The Executive Committee

The Executive Committee shall consist of a maximum of 9 and a minimum 7 elected members.
The entire Executive Committee shall be elected at the AGM
Only members who have paid the full amount of the monthly and annual subscription fees and attended at least 60% of the monthly meetings are electable.
Members of the Executive Committee are volunteers and shall receive no financial compensation from AKR. However they shall be entitled to refunds for all expenses incurred as indicated in a budget approved by members.
If any member of the Executive Committee, for any reason desires to serve AKR in a paid position, he/she must first resign from the Executive Committee , second meet the requirements of the paid position, third compete with external and internal candidates for the paid position.
Section 2: The Executive Committee Membership

Each elected official of the Executive Committee shall serve for a period of one year and shall be eligible for re-election for not more than two consecutive terms.
No vacancy in the The Executive Committee shall be filled by appointment.
In the situation where the entire The Executive Committee is recalled, the functions of the The Executive Committee shall be automatically transferred to a caretaker committee appointed by the Kenya High Commission.
The caretaker committee shall call an AGM for the election of a new The Executive Committee within a period of six weeks from the date of the dissolution of the Executive Committee.

Section 3: Composition of The Executive Committee

The composition of the Executive Committee shall reflect the diversity of AKR and should endeavour to include men, women, youth and minorities whenever possible.
The Executive Committee must be duly elected Regular Members and shall include the Chair of the Executive Committee, Vice Chair, Treasurer, Organising Secretary/ Public Relations Officer, Vice Treasurer, Secretary and 3 regional representatives.

Section 4: Recall of Executive Committee members

Any member of the Executive Committee, who is found to be lacking in his/her performance of the assigned duties shall be removed by majority of votes of the members in good standing at a special meeting of AKR called for that purpose.
In order to recall an Executive Committee member, a meeting must be called through a petition signed by at least 60 regular members in good standing.
Recall will be by majority vote of the regular members in good standing who are present.
The recalled Executive Committee member must return all records, documents or assets of AKR in their possession.
Resignation or recall does not provide relief to any financial obligations the Executive Committee member may owe to AKR prior to cessation of membership.

ARTICLE III: DUTIES OF THE EXECUTIVE COMMITTEE

Section 1: The Chair of The Executive Committee

Presides as chairperson of all General and all Executive Committee meetings.
Functions as the joint official representative of AKR.
Is authorized to affix his or her signature to contracts, obligations and correspondence pertaining to AKR and its policies.
In consultation with the Executive Committee can establish and approve special committees.
Shall serve as an ex-officio advisory member of all committees.
Represent the Association in any related activities that cover the interests of AKR members.
May delegate an existing Executive Committee member to represent the Chair of the Executive Committee if the Vice-Chair is unable to serve in a designated capacity.
Directs and liaises with all paid staff members.
Negotiates with businesses on behalf of AKR.
Shall submit a written report to the Executive Committee before every community meeting.
Section 2: The Vice Chair

In the event of the absence or inability of the Chair of the Executive Committee to serve or function in any of his/her assigned duties, the Vice- Chair shall act in the place of and with the authority and duties of the Chair of the Executive Committee .
Assumes other responsibilities delegated by the Chair of the Executive Committee .
Shall act as the secretary of the corporate chapter of AKR and shall record and note details of all meetings of the Corporate Chapter of AKR.
Section 3 The Organising Secretary and Public Relations Officer

Shall gather, maintain and or disseminate relevant data and information that would benefit AKR and its members, the public and the local community.
Shall identify and solicit eminent individuals and bodies in both private and public sectors for AKR’s activities.
Shall have access to the complete record of all AKR members and shall open and maintain a line of communication with all categories of members.
Shall develop communication and marketing strategies for AKR, work in close consultation with the Chair and other Executive Committee members to promote AKR activities within and outside the community.
Shall submit a written report to the Executive Committee before every community meeting.
Section 4: Treasurer

Shall receive safeguard, and account for funds and other assets in accordance with policies and procedures established by AKR’s Executive Committee and Membership.
Is responsible for all financial records and accounts of AKR.
Pays all bills and obligations approved for payment by the Executive Committee of Directors.
Keeps a true account of all transactions of AKR.
Presents a full financial report at each Executive Committee and Membership meeting.
Arranges for an annual audit of the Association’s receipts and expenditures at the end of the fiscal year.
Maintains a record for member’s dues.
Shall submit a written report to the Executive Committee before every community meeting.
Section 5: Secretary

Keeps accurate minutes of all Membership and Executive Committee meetings.
Shall distribute copies of the Executive Committee minutes to all Executive Committee members prior to next Executive Committee meeting.
Serves as custodian of the minutes and any other records pertaining to AKR
Has responsibility for necessary Executive Committee correspondence.
Keeps membership records up to date and maintains a mailing list of all members, including name, email address, postal and home address, and telephone number.
Shall submit a written report to the Executive Committee before every community meeting.
Section 6: Vice Treasurer

Shall assist the treasurer in his/her duties.
Shall assist the secretary in data entry and validation of membership lists.
Shall collect all monies due from members on behalf of the Treasurer.
Shall keep a single receipt book to be used for collection of membership fees.
Shall assist the treasurer to collect debts and monies owed to the association.
Section 7 : Regional Representative (3)

The association will have 3 regional representatives from the East, West and South provinces. The regional representatives will be appointed by the in- coming executive committee at the AGM. (The incoming chair shall name them as part of his team should he win office.)

Shall represent AKR in the various regions away from Kigali.
Shall collect monies owed to the association from members.
Shall register new members in their respective regions
Shall chair regional meetings of the Association.
Shall attend all meetings of the executive committee and vote on matters arising in meetings.
Shall assist the organising secretary to take minutes at General Meetings of members where the organising secretary may be busy on other matters.

ARTICLE IV: ELECTION OF EXECUTIVE COMMITTEE

Section 1: Nomination

There shall be a nominating / election committee formed on the last Saturday of April of each year.
The committee shall facilitate the election of a new Executive Committee.
Terms of reference for the nominating/election committee shall be recommended by Executive Committee and approved at the meeting forming the committee.
The nominating election committee shall consist of three members in good standing plus a legal officer from the Kenya High Commission.
Shall prepare a slate of officers for the AGM.
Members shall propose a list of officers to the nominating committee for presentation at the AGM.
The nominating committee shall serve as the elections committee at the AGM.

Section 2: Date of elections

The AGM (Election will be at AGM) will be held in the 3rd week of June of each year except for this transitional period of July 2011.
The Executive Committee shall be elected at the annual general meeting (AGM) by secret ballot of all members in good standing present.
Voice vote may not be used to accept a slate as presented.
There will be no nominations from the floor.
Early voting will not be allowed.

Section 3: Elections AGM

Observers will be appointed at the AGM for the voting process.
The voting shall be handled by a credible auditing firm.
The candidate receiving the largest number of votes for each position shall be declared elected by the Nomination/Election Committee.
Rules of Order will be the standard for all elections and meetings.

ARTICLE V: AUTHORITY

Section 1: Authority

The authority of this organization is vested in the members. The Executive Committee acts on behalf of the membership.

Section 2: Authority to make and execute

The Chair of the Executive Committee shall have the authority to make and execute on behalf of AKR, any deed, lease, mortgage or other instrument relating to real and personal property of AKR.
The Executive Committee will have three signatories for its account, The Chair, The Secretary and the Treasurer. All transactions will be signed by the Chair and Treasurer while the Secretary will sign in case of a temporary absence of either the Chair or Treasurer .

Section 3: Meetings of the Executive Committee

The meeting of the Executive Committee shall be held at least monthly.
The Executive Committee shall set the date of their meetings.
Meetings of the AKR Executive Committee of Directors shall be held at least monthly to discuss and conduct routine AKR business.
A quorum to conduct business is 50% of AKR’s Executive Committee.
The Chair of the Executive Committee may call special meetings of the Executive Committee when necessary to discuss and vote on special matters.
Special meetings of the Executive Committee may be called by the Chair, when a written request is received for such a meeting that states the purpose of the meeting and is signed by five (5) Regular Members or by written or oral notice to the Chair from three members of the Executive Committee.
In a situation where the Executive Committee is unable to meet due to lack of quorum for two consecutive scheduled meetings the Organising Secretary is required to call a general meeting of AKR members to resolve the problem through recall or election.

Section 5: Minutes

Minutes of AKR’s Committees and Executive Committee shall be kept as a public document
The Secretary shall keep records of all Executive Committee and general meetings.
Section 6: Notice of Meetings

The Executive Committee members shall be notified at least two (2) working days prior to their meetings.

Section 7: Communication to AKR Members

All official written communication and correspondence to other organisations shall be sent out by the Chair of the association.
All email communication to members shall be sent out by the Organising Secretary .
All sms communication to members shall be sent out by the Organising Secretary
Procedure of communication by email.
Any member of the executive committee shall be able to originate a message to members. This message shall be drafted by the originating party and sent out to all members of the executive committee. The Organising Secretary shall wait for an ‘okay’ response from at least 4 of the seven members of the executive committee one of which will be the chair of the committee .
Any message that will not be approved by the chair of the association shall not be valid to be sent out to members.

Procedure for communication by SMS
Any member of the Executive Commitee shall be able to originate an SMS message to all members. This SMS shall be drafted by the originating party then sent to all members of the executive committee. The Organising Secretary shall wait for an ‘Okay’ response from the Chairman and three other members of the committee before sending the SMS to the general members.

Section 8: Executive Committee Vacancy

If any office in the executive committee shall fall vacant, then this is the order in which the vacancies shall be filled until the next general election .
In the event that the office of the Chair shall fall vacant, then Vice Chair shall automatically succeed.
In the event that the office of the Vice Chair, shall fall vacant, the Organising Secretary & PRO shall automatically succeed.
In the event that the office of the Organising Secretary &PRO shall fall vacant, the Secretary shall automatically succeed.
In the event that the office of the Treasurer shall fall vacant, the Vice Treasurer shall shall automatically succeed.

In absence of both the Treasurer and Vice Treasurer, a by election shall be held within one month to fill the position of treasurer.
For a vacancy in any other position the executive committee shall fill the position from among their ranks.
If the office of the Chair, Vice Chair and Organising Secretary shall fall vacant within the course of the AKR year, then a by election shall be held to fill those positions.
If more than 50% of the offices fall vacant in the course of the AKR year then the remaining Executive Committee shall call for a by election to fill the vacancies.
Voting will be by secret ballot. The voting process will follow the same process as employed in an AGM

ARTICLE VI: MEETINGS

Section 1: General membership meetings

AKR’s general membership shall hold monthly meetings at a time and place designated by AKR’s Executive Committee .
The Executive Committee may call special meetings when it is deemed necessary.
The Executive Committee may also call a special meeting when it has received a written request for such a meeting that states the purpose of the meeting and is signed by twelve Regular Members.
Section 2: Committee meetings

The chair of a committee or program may set up and conduct meetings as necessary to carry out the routine activities of AKR for special projects or standing committee activities.
ARTICLE VII: FINANCIAL PROVISIONS

Section 1: Dues

Dues will be set by the Executive Committee and will run from 1st July to June 30th the following year.
Regular and Corporate Members shall pay annual dues in the amount fixed by the Executive Committee.
All members Coroproate and General shall pay the annual fees and the monthly membership fees in order to remain in good standing.

Section 2: Donations

Donations or grants may be received with the approval of the Executive Committee .

Section 3: Budgeted funds

Each year, the Executive Committee shall set a detailed draft annual budget one month after election .
The annual budget must be presented and ratified by the general membership each year.
Any decision to spend any money in excess of the budgeted amount or a re-allocation, must be approved by the Executive Committee .

Section 4: Audits

An audit firm shall be competitively sourced by the executive team one month after election to audit the association’s books for a period of one year. The term of the audit firm will be renewable depending on the view general membership presented at the AGM.
Audits shall be conducted the professional firm that is competitively; at least twice a year (December) and towards the end of the financial year (April ). The results of the audit shall be presented in the subsequent general meeting or when the general assembly deems necessary.
Section 5: Income

All monies received by AKR and its activities shall be deposited in the name of AKR in an insured banking facility.
Donations or grants may be received with the approval of the Executive Committee.
Section 6: Funds Disbursement

The persons authorized to disburse funds are the Treasurer, the Chair and the Secretary who are designated as signatories to AKR’s bank account.
Checks drawn against AKR’s account shall be valid only when signed by any two of the authorized persons.
Charitable donations can be made by AKR. Such donation requests will be researched and a proposal for the donation be presented to the Executive Committee for approval.
ARTICLE VIII – SPECIAL COMMITTEES

Section 1: Committees

Establishment of Committees:
Special Committees may be established for the purpose of carrying out the routine activities of AKR and shall be created by the Chair of the association. These committees shall be dissolved by the appointing authority or on the lapse of the authority’s tenure of office.

General duties of Committee Chairs:
Shall coordinate the activities of their committee.
Shall be responsible for preparing a budget and financial statement for any events or activities their committee stages once the event is complete.
Shall prepare an annual report for the Association, Executive Committee and committee files.
Section 2: Committee Records

The Executive Committee members of each committee shall maintain complete records of past and present activity of that committee.
Each Executive Committee member shall submit the records of the committee on to the Executive Committee Secretary, who will safeguard the records for future use.
ARTICLE IX: BYLAW AMENDMENTS

Section 1: Amendments

These bylaws may only be amended at any regular meeting or a special meeting called for that purpose by a vote of the majority of the regular members present, provided that the membership has been given five days notice in writing of the proposed amendment.
The proposed amendments will be brought via the Executive Committee who will be responsible for circulating copies of the proposed Bylaw change to the membership.
Proposed bylaw amendments must be presented at a General Meeting of AKR in a manner that allows for discussion.
ARTICLE X – TERMINATION

Section 1: Dissolution of Executive Committee

In the event the Association is dissolved, the Officers of the Executive Committee then in office shall continue until all affairs of the Association have been officially terminated.

After settling all liabilities of AKR, any remaining assets/funds will be given to an organisation with similar goal and objectives.

KENYA: THE FOLLY OF KENYA’S NEW CONSTITUTION; DEMOCRACY OR FORCED REPRESENTATION?

From: David ochwangi

Folks,

The recent headline articles in the Daily Nation which called attention to parts of the new constitution that decree, require, compel or whatever description fits your fancy, Kenyans to vote for a certain quota of female representatives to Parliament and local assemblies illuminate a fundamental flaw those of us who opposed the constitution were concerned about.

http://www.nation.co.ke/News/politics/Elect+72+women+MPs+or+forget+Parliament+/-/1064/1202296/-/2vrlj/-/index.html

Kenya’s new constitution has been hyped as the BEST in the world by those who campaigned for it and while all that is perfectly OK depending on who you talk to, the truth is, this new constitution was founded on quick sand and the more we now learn the truth, the harder it will be believe anything the state or her stewards try to pass in the future. It clearly has its shortcomings, some of them so severe that absolute care must be taken so that it does not become an avenue upon which the country self-destructs, no constitution on earth is perfect and I am cognizant of this fact but when you have one like Kenya’s with sections which blatantly violate, impugn and contradict itself on the most fundamental provisions of which it purports to protect and frustrates the very purpose for which we sought a new constitution, i.e. self-governance through the sovereignty of “we the people”, then we are losing our existential compass as a nation

It appears that we are finally coming to terms with the fact that the new constitution is wrought with blunders, some of which if not quickly addressed, would do irreparable harm to the democratic advances Kenya has made since independence. It isn’t so much that the document was passed on false promises such as what was told to the Chiefs, District Officers, District Commissioners and Provincial Commissioners that they will keep their jobs in the new Kenya or Members of Parliament who are now disillusioned at the realization that they too, like the rest of us, MUST pay taxes notwithstanding repeated assurances from the powers that be that they will not pay taxes and several other fallacies contained in the document, far from it.

I fully understand the need and desire to advance and empower women in our society and frankly I think they make better leaders, after all they are the majority and if you ask me, male leaders have for the most part let us down. That being said, I don’t think this is the proper way to accomplish that, NO! This provision undercuts the integrity of the constitution; it renders the document gratuitously inconsistent and convoluted. The framers of the constitution made an indelible error in judgment with respect to this provision among others and it will be an even greater tragedy if we don’t fix it now. Admittedly, during the campaign to pass it, Kenya’s leaders conceded to the fact that the document in its current form, then just a draft, was far from perfect and that Kenyans should pass it first and question or amend it later; the argument made at the time was that there wasn’t enough time to correct inherent mistakes before the scheduled vote but now it appears the chicken are coming home to roost and I want to see the same leaders who rushed to pass this document to also be at the forefront of fixing it with equal zeal. The framers didn’t even attempt to mitigate the erosion this idea would have on democracy much less provide for enforcement mechanism; who decides which ward/location, county, constituency must vote for a woman and at what election cycle for example? I say let the people themselves decide.

These sections, along with others yet to be discussed and the contemplated drafts designed to implement local governments’ formation, elections and functions make a complete mockery of the supremacy of “we the people” prominently promised in the new document in so far as it subverts the will of the people to elect their representatives. The principle of the people’s sovereignty as unambiguously spelled in the constitution is supposed to be non-negotiable and yet the same document severely compromises that which it purports to promote. A paradox I am struggling to reconcile- a constitution which at the outset claims to revert power and governance to the people but in reality undermines that very sovereignty by placing unreasonable and unrealistic caveats, demands and prescriptions to the people as to whom they MUST elect based on gender. Which is which? We cannot have it BOTH WAYS folks; it is one or the other- democracy or forced representation-pick one.

As far as I am concerned, there cannot be a better election formula to substitute the will of the people or their right to democratically elect their representatives than the ballot box and to pretend otherwise is not only delusional but also grossly ill advised. These attempts to subvert the people’s will as this constitution surreptitiously does must be rejected otherwise this whole constitution risks being rendered hollow. We must respect that which we have promised the nation, observe common sense, preserve our sensibilities as a nation, be consistent in form, substance and purpose otherwise we are going round in circles and wasting valuable time and resources healing self-inflicted wounds. We need to develop and grow competitive democracy where competent and qualified candidates vie for elective office and win elections on account of their ideas and leadership-not this retrogressive cockamamie notion that a country can only advance by denigrating the people’s sovereignty in the name of a badly crafted constitution. Folks, I say let’s speak up and let’s fix this glaring anomaly in this document now.

EAC is working on a unifying constitution to speed up the proposed political federation of East Africa

Reports Leo Odera Omolo.

The East African Community secretariat is in the process of drafting a new constitution to guide the roll out of the proposed political federation.

Information emerging from the Arusha based secretariat says the EAC plans to table its recommendations for the proposed constitution at the forthcoming November East African heads of states summit.

“Governments across the region have been slow in setting in motion structures for the political federation,” says the report.

“While we are talking of a political federation in the EAC, we are bushy fighting on ethnic ground in our countries,” a Kenyan outspoken MP Martha Karua told members of the East African Legislative Assembly during their just concluded symposium held in Arusha two weeks ago.

The Kenya legislator added,” There are fears that will spill into region thereby slowing the integration process.”

The drafting new constitution for the proposed federation is expected o start once the East African Monetary Union protocol is signed and ratified by all the member countries of Kenya, Tanzania, Uganda, Rwanda and Burundi.

“National political parties are also said to be mum over political integration. look at their manifestos, there is nowhere were they mention political integration,” said Ms Beatrice Kiraso,th EAC Deputy Secretary General in charge of the back tracking political federation at the EAC headquarters.

She added that a genuine political federation cannot run along side with five different constitutions.”

It has also been reported that the EAC has adopted a draft protocol or good governance seeking to push for democratic elections and peaceful transitions potentially saving the region from recurring political instability.

The five countries have agreed to put in place mechanisms for the appointment of electoral management team to curb rising allegations of bungled elections.

Recent elections, for example in Kenya and Uganda, were marred by the allegations of partisan electoral commissions.

If passed by the East African Legislative Assembly, the draft sanctions regional citizens to question the manner I which each person are appointed.

All member states will also be required to establish adequate legal and institutional framework in finance management system to combat corruption across the region.

In the year 2010, Kenya Anti-Corruption Commission said it was handling cases worth USD 0.3 billions lost through graft annually highlighting the uphill task it faces in holding to account more involve in graft. The stolen money was estimated to be able to run parliament, the education and medical services ministries for a year, excluding the hundreds of millions spent on investigations by the anti-corruption commission.

Uganda had set aside a budget of USD 120 million to fight corruption figure that shot up to more than USD 217 million with the difference ending up in Ministers pockets. Such cases will now be taken and tried at the regional level.

Each country, according to an article appearing I the current edition of the influential weekly, the EASTAFRICAN will now follow uniform mechanisms for appointment of judges to promote a fair justice system across the region, while in earlier cases where presidents would appoint judges.

Kenya has already fallen into line with the public vetting of its current Chief Justice Willy Mutunga and the Deputy Chief Justice Nancy Baraza.

Members agreed to establish regional mechanism for election observers and evaluation when member countries would ply a regional role during elections in the region.

The much flawed elections in Kenya in 2007 was the source mayhem that claimed the lives of close to 1500 people and saw close to 350,000 internally displaced people violently evicted from their homes and thrown into temporary refugee camps in their own country.

The East African Court of Justice will also have a mandate to handle cases related to human rights abuse earlier deferred to the Hague based ICC.

The Deputy Secretary General In Charge f political federation at the Arusha based EAC secretariat Ms Beatrice Kiraso was recently quoted as having urged EAC member countries to finalize the process of extending jurisdictions of the East African Curt of Justice.

“We cannot continue to look to the ICC when we have the EACJ, which can serve as a middle ground between national political judiciary mechanisms and international ones,” Ms Kiraso said during a ministerial meeting in Zanzibar.

Ends

KENYA: DOWRY/BRIDE PRICE , CHULO AYIE IS A MUST….

from: Felix Okatch

PAYMENT OF DOWRY IS A MUST!!

The section of Marriage Bill 2011 which proscribes payment of dowry is inconsistent with Article 44 of the New Constitution. The Article respects people’s cultures and values but this Bill negates that position.

Payment of dowry, dubbed pride price is a cultural practice among African communities and cultures. The Europeans do not have this practice. The Asians have it in a different format. Similarly as Africans have polygamous marriages, the Europeans do not.

Our Laws must be consistent with our cultures not foreign thinking. For example, the Bukusu communities of Western Kenya have annual circumcision ceremonies; the Swazis have annual Reed Dances and many more. These are initiations into adulthood according to various communities and many more.

Payment of dowry is a cultural and matrimonial practice among most African communities. It marks the issues of amatory, that includes entry into adulthood.

As a matter of fact marriage is one of the most important conditions in human life. It is a condition which produces more problems just as it has more joy and satisfaction in life. On a bad note, it does end tragically at times besides causing misery. This can loosely be made attributable to ignorance of both man and woman in matrimony.

Forms and types of marriage are many and have evolved over time. They include marriage of one man to one woman (monogamy), one man to many women (polygamy), many men to one woman (polyandry), man to man (gay) and woman to woman(lesbianism). These are all marriages. It depends on which side of the equation you subscribe to.

Now let us turn to payment of dowry, the bride price. To Africans this practice is as old as life and there are no major complaints about it. Socially, economically and politically the dowry payment has not caused any manifestation of injury to those undertaking this practice.

The purpose of dowry is not money or sale of a bride. You cannot sell human beings. Slave trade was banned in 1884 and cannot happen in this era and time. Dowry payment is essentially a manifestation of commitment and agreement. It has no commercial value but social satisfaction. Among the southern Luos the word is not price but, agreeing. AYIE.

The payment which is a token symbolizes that the bridegroom accepts to take the bride to his home as wife permanently and for good. Dowry payment and agreement is a ghost contract and the payer receives the bride. It is done publicly, in the day time, and in presence of close relatives and in-laws from both sides of the divide.

In absence of such a ceremony, the bride is alleged to have eloped; she is cheap, low value and many more derogatory silent insinuations.

The word bride price does not signify monetary value of substance. If it was of actual monetary value, it could have been construed to mean slavery yet it is not. On the other hand it does not show that it is paid according to economic value of the bride. It is just a way of thanking, appreciation to the parents of bridegroom, acceptance, AYIE.etc

Payment of dowry is usually an occasion of festive nature, not a hidden affair. It is at day light and well publicized ceremony that gives pride to the parents, in-laws, and all other close relatives on both sides of the divide. This occasion can also be rejected by either bridal party if one side is suspected to be sorcerers, witches or close relatives. Note that relatives are not supposed to be married tone another.

This bride payment ceremony would also help parents and close relatives determine whether the bride and bridegroom are related. This calls for vetting on consanguinity, which is, checking on blood relationship. People do not marry their relatives. This must be checked at the point of paying and receiving dowry.

This Marriage Bill 2011 assumes that all people planning to get married stay in town, they know that they are not related and also do not need any parental guidance on marriage. But this is not so. Marriage though seen as a union of the parties in exclusion of the others but the real world is not so. You cannot live alone. Man /woman are social beings and need other just as others need them.

Bride price/Dowry in an African context makes sure that things do not fall apart. From experience due care is taken in advance so that a marriage does not fall apart.

The coming of Christianity in East Africa as from years 1800 by missionaries like Livingston, Krapf, and Rebman etc. brought with it a lot of Christian definitions of marriage. These are in the bible. They include quotations from the Holy Bible like; (1. Cor.6:17), (Eph.5:30, 31), (Deut.22:28, 29), (Mark 10:9) What God has joined together let no man separate’

As for southern Luos of Kenya, marriage is one of the ways in which they fulfill some of their customary rites. These range from pre-marital visits, making of homes, and burial ceremonies among others. The Luos believe in agnatic lineage (naming the dead) for their ancestors and also the principle of primogeniture, the first born starts a journey and others follow in that order etc.

Therefore failing to pay dowry/bride price can raise many cultural issues even after death of either spouse. This means that some aspects of insisting that dowry be paid after death is possible if it was not paid during a life time of married couples in question.

Among these southern Luos, there are instances where it is a taboo for a first born to be married to another first born. Similarly last born are not supposed to marry their fellow last born. This might sound biologically nonsensical but when bad omen or spirits befalls the two, then these are the matters that come up. They would lead to questions as to why did such matters get resolved at the stage of paying dowry. Culturally these issues get handled at premarital stages, hence bride price ceremony.

Therefore this section of the Bill is repugnant to cultural beliefs of some communities. It is in conflict with the Article 44 of the New Constitution. It does not respect cultural beliefs.

Felix Owaga Okatch
Wuod Gem Nyawara, Siaya County
Tel: 254-721-735489 or 0733-735489
E-mail: felixokatch@yahoo.com