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.