Folks,

President Kibaki and PM Raila are already showing signs of failure in their part of deliberations, an indication that the New Constitution implementation will not go well as is expected by Mwanainchi and as the Constitutional Document statement for Reform discreetly stand out from the old corrupt constitution.

We will not appreciate (manywanda) confusing the state of Provincial Administration with those of Senate and Governor. The role of Governorship is definitely going to conflict with those of Provincial Administration whose interest is to serve the Presidency, and not the Local Development Agenda for the Local Community. The Provincial Administration is going to pursue assassination, intimidation and will deplete and compromise Regional security effectiveness in a large scale. These are areas they have been trained and perfected expertise for the sake of corruption and impunity.

If this is what must happen, then we do not need the leadership of President Kibaki or PM Raila. We need a clean house representatives. We need a complete Revolution in order to get what we want. This time round, we will not gamble. Let us stand together as a people and make valuable changes that can be seen and felt, which will provide dignity and solidarity of the people of Kenya, that which will show value, virtue and Liberty and claim our true Liberation and Independence, so we can move towards prosperity by creating opportunities for all without discrimination or marginalization of other Kenyan communities. This is a cake that which must be shared equally without undercurrent maneuvres.

What Kibaki and PM Raila are trying to do is to cause serious conflicts of interest that which is going to fail the New Constitution from fanctioning properly. Kibaki and Raila had no business shutting down Orengo and Kajwang from speaking out. Kibaki and Raila do not have exclusive rights and the mandate to decide for Kenyans or otherwise do as they wish in the resolve of transformation of a New Kenya we all want or conduct themselves in a manner to impose old rule for Kenyans.

When Public decides to have a revolution for change, they are simply asking for leadership with focused improved lifestyle. They are asking for leaders to work alongside and to fulfil needs of the general public, the Civil Society, the Local Community Leaders of various regions, the scholars and educationists, Professionals & Experts, Trade Unions, Business Communities Societies, both the Local and International the NGOs as well as consider and plan for those underprivileged.

We are not going to accommodate or accept unbecoming behaviors or prescriptions that which will continually create instability, insecurity and send those disadvantaged poor to their death bed early or expand corruption and impunity. We are not going to allow the removal and destruction of the Middle Class level of performing Kenyans, because these are the engine of any stable and functioning society, the backbone and force of any Nation. Therefore, if Kibaki and PM Raila will not respect the will of the people as they spoke from the result seen at the election, then they have no business staying in leadership.

Last week I read that Oburu and partner went to court to dispute the UNEP Report Index for poverty in Nyanza. This was shocking. Who is he trying to fool. We know all those who have compromised Luo Nyanza for their selfish interests. We have also received reports that a section of prominent Luos are working behind the scene with Moi to finish and destroy Luos survival in Nyanza and sold Migingo and Lake Victoria to Museveni in a corrupt deals, Masailand as well as the Mijikenda of Mombasa, the Nandi Hills and Kipsigis are all taken …..and yes, with the Provincial Administration in place, this is how they want to have full control of those regions they already sold…..they will succeed in their mission but, we will not let this their strategy happen. ….. We will fight to the bitter end. It is pay-back time people…

Let them pay what they stole from the Public.

Unthinkable behaviors happen because of lack of leadership acumen with poor management of public resources, bad deals involved in selling out the Nation cheaply without any notable value in return, lack of jobs to our school leavers, overtaxing the public by high rise of consumable goods and services, high cost of living standards, when the rich get richer and they pay no taxes, they live luxurious lives at the expense of (kufinya wanainchi) draining public. These leaders have grown horns and completely detached from humble reality of the public needs and concerns or the common-man survival or value their electorate. How do these leaders behavior benefit the Country or improve the level playing field to progress the Nation into sustainability. How can a country develop to compete with the world if it is run by selfish leaders who think of themselves and their families and community. Why are Kikuyus all over the Nation into the Rural villages as sub-Chiefs or senior clerks to the local village Administration Council. Why is PNU in full control of the Ministry of Finance, Health, Security and Transportation and recently Trade? Can you see what is happening? Is this how we want to be governed? I doubt it.

Kenyans have enough Experts to be engaged in Constitutional Implementation. We all want Kenya made Constitution that will provide paramount effective services to Kenyans before the external interest is incorporated. Friends of Kenya have willingly supported and provided funding for this exercise. Kibaki and PM Raila must be transparent and clear with the people of Kenya, no back-door deals, or under-table maneuvers. Kenya is bigger than one person or a section of Mafia. We DEMAND that Kenyans provide way forward to implement the New Constitution now. We DEMAND for New Judges on the Docket NOW, not five years to come. If any in the leadership do not think the implementation can be done within one year, let them quit their occupation or we force them out now…..This is because we will not give them room to mess with public lives to pursue and maintain their Status Quo, Corruption and Impunity and confuse this New Constitution. No one is indispensable with this new constitution. We also DEMAND that Ocampo take the first 6 – 20 over to ICC Hague. It is about time that Hague accommodate their visitors without wasting more time. We will call upon the International Community when need arise, but not in the implementation of the New Constitution. We will need the International Leadership Community to help with the hauling of 2007 master-minders and culprits and pressure those suspects of Corruption and Impunity with those who constantly violated Human Rights be charged according to the International Ratified Geneva and Rome Treaty. This is the only way stubborn heads understand that Kenya and Africa MUST move forward and action to that effect must go concurrently. No more drama, no more waste of time.

No foreigner understands your problems and needs better than yourself. So it is prudent that you plan according to your Country’s interest and needs and look for partnership to compliment the give and take taking into account public interest and concerns so to meet competitive edge and challenges of the Global Economic prospects. This will eventually provide a balanced bargain for the need to future prosperity, growth and expansion.

Why are Kenyan Leaders ignoring their own talented and skillful professionals? Invite them over on the table for concensus. We are not going to take any more nonsense. I will not support anyone encouraging backwardness……this is because it has costed us dearly.

Even our sons and daughters like Hellon, Esther and Timberlake, give them a chance and hear what they have……what is making them rebel, they also have a right to be heard. If calling themselves placenta is the problem, yes, even I am not comfortable with that title, tell them, they are our children, we brought them to this world, let us hear what they have to say……we can never shut out people anymore if we want to progress. Those who are selling the Nation of Kenya to China and Libya, those assassinating Kenyans and overtaxing Kenyans ordinary middle class and are refusing to pay taxes are worse than Hellon, Esther and Timberlake.

So people, take charge of what is going on in Kenya and chart out way-forward for your destiny. Leaders that have overspend their usefulness can be let go or dismissed.

God Bless you all,

Cheers!

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

Naikuni speaks on the future of Kajiado

NTVKenya | September 12, 2010

One of the born and bred residents of the semi arid county is Titus Ole Naikuni the chief executive of the Kenya Airways. Naikuni spoke to NTV on the challenges awaiting the first county administration of the Kajiado and also other pertinent issues around the country’s transition to the new constitution.

Kibaki appoints 33 new DCs

NTVKenya | September 16, 2010

http://www.ntv.co.ke
Debate on whether or not the provincial administration will be retained in the new constitution took yet another twist when the government appointed 33 new district commissioners. This appears to be president Kibaki’s way of telling critics of the system that the provincial administration is here to stay. Richard Chacha reports.

Mutula: New order here to stay
September 15th 2010

NTVKenya | September 15, 2010

http://www.ntv.co.ke
Justice minister Mutula Kilonzo has dismissed those claiming that the provincial administration would be scrapped under the new constitutional dispensation. Mutula says the provincial administrative structure would only be restructured with the 8 provincial heads being absorbed into new systems. Debate has been raging on the issue that has already seen a split in the cabinet.

War in cabinet over fate of PCs, DCs

NTVKenya | September 15, 2010

http://www.ntv.co.ke
Confusion on the fate of the provincial administration continues to deepen with the justice minister dismissing the restructuring guidelines released by his internal security colleague last week. Whereas Mutula says the provincial administration will not be scrapped, he says it was wrong for George Saitoti to purport to implement sections of the new constitution without consultations and approval from cabinet. And as NTVs Jane Kiyo reports, the minister has also given the strongest indication yet that the 8 provincial heads will not be left jobless.

Knock! Knock! Here comes Mr Ocampo

Updated 13 hr(s) 23 min(s) ago

By MARTIN MUTUA, VINCENT BARTOO and VITALIS KIMUTAI
The International Criminal Court is consolidating its local mission with a planned meeting with top provincial administrators, next week.
The meeting with Provincial Commissioners in their capacities as heads of regional security units comes ahead of next month’s pre-planned visit by ICC Chief Prosecutor Luis-Moreno-Ocampo.
ICC’s interest in 2007 post-election violence is anchored by Ocampo’s vow he would make Kenya an example to the world on how to deal with impunity.
“They want to interview PCs from affected areas and those in areas that were not hit by violence as part of their evidence building,” said a Government source familiar with the visit, but who cannot be quoted due to the sensitivity of the investigations.
On Thursday, sources at the Ministry of Justice had earlier told The Standard the issuance of warrants of arrest for the two could follow in December, if they refuse to comply with court summons. “Trials will be on early 2011 because Moreno-Ocampo will be through and will most likely be ready to proceed by Christmas,” said the source.
News of the visit requested through and granted by Internal Security Minister George Saitoti, broke along with the report that 13 potential ICC witnesses have secretly been flown out of the country for their own safety.
flown out
They include a human rights activist in Eldoret who facilitated the tour of 2008 violence hotspots by UN Rapporteur on extra-judicial killings and arbitrary arrests Prof Philip Alston.
These are further signs that ICC, which signed an all-access and diplomatic co-operation agreement with a sub-committee of Cabinet on post-election violence-related issues on September 3, is rolling full steam on Kenya’s case.
A fortnight ago, the ICC Registrar Silvana Arbia, who prosecuted The Hague trials on Rwanda’s genocide, was in the country to set up the policy and administrative pillars for Moreno-Ocampo’s investigation team.
Ms Arbia, who is the ICC signatory to the agreement with Saitoti’s office, secured guarantees that Moreno-Ocampo’s team would be allowed to set up local offices; move freely; hoist its flag in the country; enjoy diplomatic immunity and top-level Government security; and travel around with their arms.
The agreement, upon which Saitoti promised full co-operation by the Government, also guarantees ICC diplomatic privileges such as entering the country without Visa fees.
“With the exchange of letters (agreement), the operation of our legal framework in Kenya is in place,’’ said Arbia. Her visit coincided with reports ICC will, in the next few days, announce indictment of two prominent suspects.
She revealed ICC had 400 cases on post-election violence triggered by release of disputed presidential election results.
It is believed the meeting between ICC and PCs is aimed at securing specific guarantees on the security of its staff and support in mobilisation of witnesses, among other logistics. They are also believed to be seeking to use the forum to gauge the mood in the flashpoints; agree on a working arrangement; and confirmation the promise of co-operation given by President Kibaki and Prime Minister Raila Odinga was passed down the chain of command.
warrant of arrest
Even though Kenya had on August 4 hosted and let go Sudanese President Omar al Bashir, against whom ICC has a warrant of arrest, Saitoti told the country last month the Government had forwarded all necessary documents requested by the ICC.
“The Government has given the ICC all the documents they require in investigating of the cases,” said Saitoti. ICC’s request to interview the PCs is being facilitated by the Ministry of Internal Security.
It is believed the removal of key witnesses in the Rift Valley and their families is aimed at protecting them. They could also be the pillars of the cases ICC is building up against some prominent Kenyans.
A human rights activist in Eldoret and three other witnesses were among those secretly flown out. It is not clear what evidence they hold, but ICC sources said thorough vetting was done to ensure only those with ‘credible evidence’ were facilitated to leave the country.
It also emerged ICC protected the witnesses locally for months at hidden locations before. “Each witness got about Sh40,000 to move house and rent a secure home together with their upkeep,” said a source.
?
Prof Alston, through the activist, met several victims of police and militia killings at the Eldoret Catholic Diocese where they recorded statements. “He visited his in-laws and paid dowry before he was allowed to leave with his wife and one child,” disclosed an associate.
The activist’s wife left before he resigned from a Government parastatal. “They just received a call asking them to prepare and leave the country within 24 hours. We had to organise an impromptu engagement party at his wife’s home so that he could leave with his family,” said a relative.
On Thursday, Protection International, a Belgium-based International Human Rights group, facilitated the signing of a memorandum by human rights groups involved in the Witness Protection Programme.
The 12 human rights groups spread across Rift Valley signed the Memorandum of Understanding (MoU) as a framework of engagement with ICC. The signing was done in a hotel on the outskirts of Eldoret town, away from media and public glare.
Tenets of confidentiality
The MoU, seen by The Standard, read in part: “Member organisations will observe the basic tenets of confidentiality and caution while handling issues to do with victims and witnesses or information involving perpetrators of the post-election violence”.
But Rift Valley Deputy Provincial Commissioner in charge of the Eastern Rift, Wanyama Musiambo, told The Standard he was not aware of relocation of any witness.
“Which countries have they been taken to? You seem to have more information. You know ICC does not work with us, and I do not know anything about witnesses,” he said.
“We are under strict obligation not to release information about the witnesses as it would jeopardise both the investigations and the safety of witnesses,” said Ken Wafula, executive director, Centre for Human Rights and Democracy.
More witnesses were said to be undergoing screening to verify whether their evidence is admissible. “For credible witnesses, arrangements are being made for their children to be educated in the countries they have been moved to,” said another source.
A lawyer, who worked closely with the Waki Commission on Post-Election Violence, also revealed ICC is relying on evidence gathered during the commission hearings.

We must accept realities of new Constitution

Published on 14/09/2010

By Samuel Poghisio
It is not possible to change or fight reality and it is actually advisable not to try. This is something my colleague George Saitoti and his ministry should understand in their quest to restructure the Provincial Administration into the new constitutional framework.
The new Constitution sets out a new system of administration that edges out the Provincial Administration by the simple fact that it eliminates all provinces and does away with over 200 districts leaving only 47 that will form counties.
To try and smuggle the entire Provincial Administration into the new setup is politically reckless, and economically ridiculous. At best, only a few senior PCs and deputy PCs are going to find jobs as central government representatives in the counties. Everyone else will have to find something else to do.
The notion that we can cloak the entire 10,000 member-strong PA in new roles such as co-co-ordinating national security, while everything remains the same, is impractical.
It is this kind of heavy-handedness by the central government that made devolution vital. To insist this will create conflict between county and national governments before they actually begin to work.
This is the kind of decision that governors and senators should have been included in making, but since they are yet to exist, this doesn’t give central government the leeway to make such decisions, particularly since retaining the PA will only get in the way of the counties, their staff and operations.
The ability of counties and the national government to work interdependently is critical to the survival and efficacy of the governance set up in the new Constitution. This attitude should guide policy and decisions during this implementation, particularly on administrative matters.
The Constitution itself says: “the national government shall restructure the system of administration commonly known as the Provincial Administration to accord with and respect the system of devolved government established under this Constitution”.
We can split hairs all day about whether ‘restructure’ means scrap, but considering the offices that make up the Provincial Administration have been scrapped, that debate is of little value.
We must accept to live by the changes we made to the constitution and resist attempts towards the status quo or we will have a lot of problems in running this country under this new framework.
Moreover the Provincial Administration is not, and has never been, a bastion of efficacy and good service. It has for decades been nothing more than an errand service for the Executive. The PA is the embodiment of exactly the kind of governance this Constitution seeks to do away with. We cannot turn right around and decide to keep it in toto. Change cannot happen while we cling onto the status quo.
The economics do not also make sense. The counties will cost a bundle to set up and run and part of this should ideally come from the savings incurred by the demise of the Provincial Administration. In truth the counties should inherit a lot of the assets now in use by the Provincial Administration — they cannot do that while the provincial government continues to run.
I find no pleasure in thousands of people losing their jobs but a lucky few will find posts under the county administration and others perhaps in the civil service.
This is the reality that the provincial administrators and those who run the docket should be looking into and preparing to live under. This is part of the price tag for the new Constitution. Change is good, so let us not fight it, but instead embrace it and give the new Constitution a chance to do what we expect it to do for our people.
—The writer is Minister for Information and MP for Kacheliba.

Raila: How fate of Provincial Administration will be decided

Updated 13 hr(s) 29 min(s) ago
By ANDERSON OJWANG and MUTINDA MWANZIA
Prime Minister Raila Odinga has tactfully poured cold water on moves by the Internal Security Ministry to restructure the Provincial Administration.
The PM’s statement came, as the Government appointed more than 30 new DCs, giving the impression the Provincial Administration was being strengthened, contrary to expectations that it would be phased out to give way for the coming county governments.
For the last two weeks, Internal Security Ministry George Saitioti and his PS Francis Kimemia have been saying that the Provincial Administration was going nowhere, though its end was widely expected.
The minister and the PS have also ignored calls from MPs the restructuring should be put on hold until the Commission on Implementation of the Constitution is established.
The two also appointed a team from among PCs and DCs to come up with recommendations for the system of administration, which many Kenyans want to see, abolished.
Paramount chiefs
?
Mr Kimemia has also let it out that they plan to re-introduce paramount chiefs, whose positions were abolished in 80s.
On Thursday, he released a memo announcing the promotion of 31 DOs to the ranks of DCs sending signals to MPs that the Internal Security Ministry would go ahead with the plans it has for its team.
But as Kimemia was releasing the memo, the PM also made a statement that appeared to tell Saitoti and Kimemia that what they do now on restructuring could just be a waste of time, and that MPs will have the last laugh on the matter.
The PM said Parliament would have the final say in determining the role of the Provincial Administration.
Raila said the role of PCs, DCs, DOs and Chiefs will be defined when Parliament passes legislation to bring into effect the Chapter of the Constitution on devolved government.
Article 200 of the Constitution says that Parliament should, within 18 months, pass legislation to give effect to the system of devolved government.
Office of the President effects a shake-up of Provincial Administration as Prime Minister Raila Odinga says Parliament would have the final say in determining the role of the officials under new laws. [PHOTO: FILE/STANDARD]
The law says stresses that provisions should be made with respect to “the transfer of functions and powers by one level of government to another, including the transfer of legislative powers from the national government to county governments.”
service delivery
The PM said legislations that would be passed to distribute power between county and national government would say what role the administrators will play.
Raila made the statement on Thursday, as it emerged the Office of the President had undertaken the shake up of the Provincial Administration, also involving the transfer of 56 DCs.
The changes by Kimemia, which were copied to Bernadette Nzioki, Secretary, and Public Service Commission take effect immediately.
Kimemia termed the changes and promotions as ‘normal’, adding that they were meant to enhance service delivery. He said some of the districts did not have DCs, thus warranting the new appointments. Some of the officials had been serving as DCs in an acting capacity for some time.
A senior official at OP said the shakeup had nothing to do with the restructuring process, adding it was normal for the vacant posts to be filled. “The media and politicians should not view the transfers and appointments suspiciously. This is a normal internal matter at OP,” said the senior official.
The manner in which the Provincial Administration should be restructured has led to a disagreement in the Grand Coalition government.
Saitoti has maintained that the officials will remain, while other ministers including Immigration’s Otieno Kajwang, and Deputy Prime Minister Musalia Mudavadi have said that they should pack up and leave.
Saitoti had said that most of the core functions of the Provincial Administration particularly the co-ordination of Government business in the field, are still vested on the national government.
new Constitution
“The functions will continue to be performed by the system of National Administration that comes out of the restructuring of the Provincial Administration envisaged in the Sixth Schedule (of the new Constitution),” said Saitoti.
But Kajwang said if the Provincial Administration has to be restructured, then it has to be done by Parliament, and if that is the case, then they must be answerable to the devolved government.
“The new law provides only for two levels of government, national and devolved,” said Kajwang.
Yesterday, the PM said legislation on county governments would outline the roles the officials would play.
According to the Constitution, the restructuring process has to be completed within five years.
Raila said the new law, which has to be in place within 18 months, would provide distinct roles between the county and central governments to avoid conflicts and duplication of duties. “The Act will tell how the two organs are expected to work and the PCs and DCs, and Provincial medical officers will have their roles provided for in the act, said Raila.
Derailed
Raila spoke when commissioning the Ndori-Ng’iya road in Nyanza. Roads Minister Franklin Bett accompanied him. Bett said they were all united to ensure that the implementation of the new law is not derailed.
At the weekend, Raila said that an independent team should oversee the restructuring of the Provincial Administration, and not the team of PCs and DCs selected by Saitoti and Kimemia.
In the changes announced yesterday, Senior Under-Secretary Kobia wa Kamau was moved from the central government to become the DC Machakos. He takes over from Bernard Kinyua who has been redeployed to the National Defence College, Karen.
Nairobi Deputy PC Peter Lelei has been moved to Chalbi as the DC to replace Elijah Kodoh, who has been moved to Bomet, while Mbita DC Francis Komen has been moved to Western province as the Personal Assistant to the PC, Samuel Kilele.
Kandara DC Patrick Meso has been moved to North Horr, while former Personal Assistant to Nairobi PC, Nyamumbo Sese has been moved to Kandara as the new DC.
MPs defend Saitoti over fate of administrators

Updated 1 hr(s) 15 min(s) ago
By STANDARD TEAM
Three MPs have defended Internal Security Minister George Saitoti and PS Francis Kimemia over plans to restructure the Provincial Administration.
Assistant Minister Kazungu Kambi and Naivasha MP John Mututho said the role of the administrators is key to State operations and should not be ignored.
Mr Kambi criticised Immigration Minister Otieno Kajwang’ over his recent remarks that the Provincial Administration had been done away with in the new Constitution.
He accused Mr Kajwang’ of misleading Kenyans and causing unnecessary panic.
Internal Security Assistant Minister Joshua Ojode said the ministry had laid out an elaborate plan to handle the matter.
Mr Mututho said those pushing for scrapping of the Provincial Administration are courting lawlessness at the grassroots.
Addressing separate news conferences at Parliament buildings, the MPs, however, said there was need to set up a commission to oversee the implementation of the new laws.
“The commission would have resolved the issues and it should be formed fast,” said Kambi.
Mututho said the provincial administrators would be instrumental in the new laws by ensuring the Bill of Rights was upheld.
pack and go
Mr Ojode hit out at his Cabinet colleagues who have publicly stated the Provincial Administration should pack and go.
He said the restructuring process his ministry had initiated was in touch with the new Constitution .
Speaking to The Standard in an interview, Ojode said: “If we withdraw provincial administrators now, what will be the situation like?”
Last week, Kajwang’ told a news conference the Provincial Administration had no place in the current Constitution.
On Wednesday, Ojode said his ministry was mandated to generate a Bill that would restructure operations of the Provincial Administration to conform to the new Constitution.
Meanwhile, a bishop has called on politicians to observe sobriety over the fate of the Provincial Administration as the new laws take effect.
Bishop Charles Gaikia of the Nyahururu Anglican Diocese said although it was healthy to have divergent views, it was crucial to respect the Provincial Administration.
By Mutinda Mwanzia, Martin Mutua and James Munyeki

Kenya doesn’t need foreign help on Bills, says EU

Updated 12 hr(s) 22 min(s) ago
First Step Forward
By LUCIANNE LIMO and Anderson Ojwang’
The European Union has differed with the Government’s plan to invite foreign experts to help draft Bills to implement the new Constitution.
The EU Head of Delegation Eric Van der Linden said Kenya has adequate talent and there is no need to seek foreign help.
“There is a lot of talent in Kenya and there is no need to look outside before exhausting the quality within the country,” he said.
Mr Van Linden was reacting to Government’s invitation to foreign experts to draft legislation on the implementation of the new Constitution.
He spoke after launching the Sustainable Development Initiative Centre at the United States International University, Thursday.
Prime Minister Raila Odinga announced a week ago when former US Secretary of State Madeleine Albright visited, that foreign experts would help draft the Bills.
More than 49 Bills are to be prepared for enactment by Parliament before the new Constitution to be fully implemented.
There has been uproar from civil society and other bodies since Attorney General Amos Wako announced he would include top UK-based lawyers to help draft the Bills.
Meanwhile, Rail has appealed to MPs, Cabinet and the media to tone down on the raging debate on implementation of the new laws.
“I appeal to the protagonists to tone down debate on the process to enable us come up with smooth implementation of structures,” he said.
The PM said the guidelines provided by some ministries were just proposals and not the official Government positions. “We are studying them,” he said.
Roads Minister Franklin Bett said there was no hurry in the implementation process before structures are put in place.

Envoy: Execute laws in credible way

Updated 12 hr(s) 46 min(s) ago

By LUCIANNE LIMO
The new Constitution must be implemented in a transparent and credible manner, US Ambassador Michael Ranneberger has said.
The envoy said on Wednesday the implementation must not be allowed to take place through old-fashioned political deals.
He said public appointments must be done in a credible way devoid of political or ethnic identification.
“There is a new dawn in Kenya and the old ways of doing business are no longer appropriate in the eyes of Kenyans and the international community,” he said.
The envoy was speaking after meeting the leadership of the Central Organisation of Trade Unions at their offices, where they raised concerns that implementation process was not inclusive.
Cotu Secretary-General Francis Atwoli (right) and US ambassador Michael Ranneberger at Solidarity House, Nairobi, yesterday. [PHOTO: MOSES OMUSULA/STANDARD]
The envoy said his Government will monitor the process to ensure it is carried out through a transparent, inclusive and credible process.
Cotu Secretary-General Francis Atwoli raised fears that those in charge of the implementation process are not serious and are wrangling.
‘There is a deliberate confusion among senior Cabinet ministers over the restructuring of the Provincial Administration because they are not sincere with each other,” he said.
status quo
“It is clear Kenyans wanted the Provincial Administration restructured and the status quo cannot be maintained,” he said.
Atwoli also said the Interim Independent and Boundaries Review Commission should be allowed to conclude its mandate.
“The commission has not concluded its work and cannot be harassed by Government to pack and go,” he added.
Atwoli further asked Kenyans to reject bids by former MPs interested in the positions of senators and governors.

We will help you implement new laws, says UNDP

Updated 1 hr(s) 13 min(s) ago

By Peter Opiyo and David Ochami
The United Nations Development Programme has pledged support for implementation of the new Constitution.
UNDP Resident Representative Alfredo Teixeira said enactment of the new laws is the country’s major focus and all stakeholders must support the process. “We will support all stakeholders in implementing the new Constitution…a new opportunity for partnership has opened,” he said.
Speaking during the third International Day of Democracy, at Bomas of Kenya, Nairobi, Mr Teixeira termed Kenya’s constitutional review as one of “the most inclusive in the world”.
He said Kenya has emerged as “a beacon of hope in the world”.
He praised Kenyans for endorsing the new Constitution, saying it is premised on the protection of human rights, equality, transparency, and good governance.
The theme for this year’s conference is Katiba Mpya, Mwanzo Mpya, (New Constitution, a New Dawn).
Justice PS Amina Mohamed said Kenyans would benefit from the new laws if there were political will.
“Democracy works where there is political tolerance,” she said.
Ms Mohamed said the passage of the new Constitution is the country’s “greatest democratic achievement since it undertakes to protect human rights and leadership values”.
At the same time, Justice Minister Mutula Kilonzo has warned that Parliament’s adjournment early this month, could derail implementation of the new laws.
time running out
The minister also appealed to the President and Prime Minister to appoint a Director of Public Prosecutions as proposed in the new charter.
He accused Internal Security Minister George Saitoti of attempting to force an unconstitutional restructuring of the Provincial Administration.
Mr Kilonzo appealed for international support to implement the new laws and asked the Interim Independent Boundaries Review Commission

Kibaki and Raila silence ministers

Updated 1 hr(s) 41 min(s) ago

By Martin Mutua
The special session of Cabinet ended with most ministers tightlipped on the proceedings, as fears emerged Treasury’s failure to release funds could risk implementation of the new Constitution.
President Kibaki and Prime Raila Odinga chaired the sitting, which came against the backdrop of disagreements on implementation of the new Constitution — especially over the mandate of Interim Independent Boundaries Commission and redeployment of members of the Provincial Administration.
Some of the ministers conceded they were under orders to stop media wars over the new Constitution because of fear the exchanges could stall the implementation.
One minister was blunt: “Atukubaliwi kuongea…sisi tume chukua kiapo.” (We are not allowed to speak. We have taken oath of secrecy).
It is said the President and PM asked Cabinet ministers to stop trading accusations the implementation of the new Constitution enters a crucial stage, and continues to raise political temperatures.
No ministers, who are bound by the oath of secrecy and collective responsibility, was willing to give the details of the meeting that the Presidential Press Service reported approved the Judicial Service Bill 2010.
PPS outlined part of the mandate of the Bill as providing procedure of appointment, discipline, and removal of judges, other judicial officers and staff, and establishing National Council on Administration of Justice. The Council shall bring together all players involved in the justice system.
Cabinet ministers have for the past two weeks, been engaged in verbal war on how implementation of certain provisions of the new Constitution was to be undertaken.
Disagreements
The Prime Minister, Justice Minister Mutula Kilonzo, George Saitoti (Security), James Orengo (Lands), Otieno Kajwang’ (Immigration), Uhuru Kenyatta (Finance), Amos Kingi (Fisheries), and several Assistant Ministers have publicly aired their disagreements with their colleagues even though there is a Cabinet sub-committee supposed to build consensus among them.
On Wednesday, Roads Minister Franklin Bett called on his colleagues and MPs to concentrate on how well to operationalise the new Constitution.
“We need to tone down on how we talk and concentrate on work before us. We must first agree on issues before we go to the Press,” said Bett, who did not want to be drawn on what transpired in the Cabinet meeting. He expressed confidence the implementation would go on smoothly.
But Mr Uhuru, who is the Minister of Finance, is now on the spot over delay in coming up with a Bill on the stipulated Commission on Revenue Allocation, which would in turn make available money for the implementation of the new Constitution.
The critical commission will be the link between the National Government and the County Governments.
Fears have been raised whether the Bill would meet the implementation deadline, as outlined in the new Constitution, since it is supposed to be in place within 90 days after the promulgation of the new laws.
The Parliamentary Departmental Committee on Finance, Planning and Trade is now concerned that Uhuru, who is also Deputy Prime Minister, is silent on the matter. The Committee Chairman, Nambale MP, Chris Okemo, told The Standard his committee tried to seek audience with the minister over the matter, but in vain.
Parliament criticised
Mutula agreed the Commission on Revenue Allocation is restricted by a timetable in the new Constitution. Similarly, he said the constitution of the Judicial Service Commission and the vetting of judges and magistrate has a time limit.
The line minister said the process could be affected by Parliament’s failure to prepare the oversight committee before it adjourned. He said Parliament ought to have prepared and published Bills to restructure the Judiciary and create the Revenue Commission before breaking off early this month.
“The Bills should have been published before adjournment. The Vetting of Judges and Magistrates Bill is crucial because of the urgent need to interrogate judges who will serve in the Judicial Service Commission,” he argued.
uhuru summoned
The minister said the Judicial Service Commission should be established by October 27, as required by the new laws. He also said legislation to create the Commission on Revenue Allocation must be passed urgently to enable its establishment by October 27. Earlier, Okemo who is also a former Finance minister, said the committee met last week and resolved to summon Uhuru to shed light on the matter.
“The Bill has to come from the Ministry of Finance, but we also want to have an input in the legislation. We do not know whether anything has been done, that is why we have called the minister to appear before us next week,” Okemo said.
The Ministry of Justice and Constitutional Affairs has prepared the Commission on Implementation of the Constitution Bill 2010, which has been debated by the Cabinet, approved and published. It is waiting tabling before Parliament when it reconvenes on September 28.
The Chairman of the Public Accounts Committee Bonny Khalwale accused Mutula of abrogating the role of drafting the Bill without the input of the relevant House committee.
“We are going to amend that Bill and demand that members of the Commission apply for the jobs through the Public Service Commission subject to vetting by a reputable audit firm before recommendation by the Parliamentary Select Committee,” Dr Khalwale said.
Impeccable sources told The Standard Deputy Prime Minister and Minister for Local Government Musalia Mudavadi has already created structures for the 47 counties outlined in the new Constitution.
The sources said Mr Mudavadi has formed a task force to come up with the structures that will operationalise the counties.
Mutula also explained a new Director of Public Prosecutions has to be appointed to speed up investigation on unsolved crimes.
Pending issues include the bombing of a prayer meeting during the referendum campaigns and the prosecution of culprits behind production of fake copies of the Proposed Constitution later passed during the August 4 referendum.

AG hires 24 counsel to facilitate action on laws

Updated 1 hr(s) 12 min(s) ago

By Elizabeth Mwai
The Office of the Attorney General has hired 24 more State counsel to speed up the implementation of the new Constitution.
Solicitor General Wanjuki Muchemi said the hiring was aimed at addressing the anticipated heavy work volume in effecting the new laws.
“The recruited staff have all opted out of private practice to join Government, signifying the increasing allure of the State as the employer of choice,” Mr Michemi said, yon Wednesday.
In a statement, Michemi said work in Government had become competitive following the introduction of individual performance targets.
month’s salary
At the same time, Muchemi said in July, the Government rewarded all the 882 employees of the State Law Office a bonus equivalent to ‘13th month’ salary.
This followed the ranking of the Office of the Attorney General as the leading performer among ministries and departments during the 2008/2009 performance cycle.
Muchemi said the Government was undertaking succession management to ensure smooth flow of work when some officers, especially at senior level, leave service for various reasons. The succession plan, Muchemi said, would ensure there are suitable candidates to occupy positions when senior personnel exit.
“It is expected of reputable managers to adequately delegate duties,” said Muchemi. In addition, he said, they were providing relevant and continuous training to all cadres.
Muchemi said this would also help the Government narrow salary gaps to ensure all employees are adequately motivated. Among the measures being conducted in Government is implementation of promotions based on individual output rather than number of years served on a given grade.
He assured Kenyans the Office of the Attorney General would play its role in legislations needed for the implementation of the new laws.

OP is vandalising our revolution

Updated 2 hr(s) 35 min(s) ago
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OKECH KENDO} IMPLEMENTATION
Rome was not built in one day, but its architects did not have to take a century if the work could be completed earlier than the project schedule.
When the Cabinet reported to the public it wanted to finalise in one year what the new Constitution expects completed in 60 months, the possibility of deception was not as obvious. The passion to let the country dash into the new era won instant public good will. Even cynics — disillusioned idealists — cheered.
Optimism came easily to observers because the promise to implement the new Constitution at ‘Rudisha-speed’ came a week after the hope-charged promulgation and birth of the Second Republic on August 27.
Now, there are mixed signals and cynicism is growing. Some members of the Cabinet are questioning the rationale of the self-serving restructuring of the Provincial Administration.
The Office of the President is obsessed with self-medication ahead of the do-by-date.
The conflict of interest is too obvious to be missed. It is now possible some members of the Cabinet who mooted the idea of rush implementation of the new Constitution may have had an insidious agenda.
Devolution is being vandalised, as the provincial administrators self-re-brand to protect the status quo. Coast and Western PCs, among others from the Office of the President, have been sent to Brazil to study how their ‘federo’ works.
When the PCs and other delegates return from Brasilia, the OP expects them to present a memo on ‘Brazilian Experience: The Dynamics of Self-Served Restructuring in Kenya.
The suspicions emanate from the rush. The Office of the President is not waiting for independent institutions to police the implementation of the new Constitution. Restructuring the Provincial Administration is part of this.
The OP is not even consulting other institutions to interrogate attempts to secure the place of PCs, DCs, DOs, and chiefs in the devolved reign of county governors.
official residences
It is the Office of the President staff designing new territories for themselves under the guise of restructuring. The hurry is suspect, and the renaming of holders of these offices associated with colonialism and post-Independence dictat of the State is self-serving.
To cover up the suspicious reinvention of the moribund institution, the Sixth Schedule, Article 17 of the new Constitution is often cited. It says, that “within five years the system commonly known as Provincial Administration be structured to accord and respect the devolved system of Government”.
“Restructuring,” they claim, does not imply scrapping the Provincial Administration. It means changing the way something — in this case governance — is organised or arranged. Devolution is intended to ‘restructure’ public governance. Governors, for example, would easily move into the PCs’ offices in counties whose headquarters correspond with phased out provinces.
The governor of Mombasa County, for example, would swim into the PC’s office in Mombasa, and then take over the PC’s residence as the new tenant.
In counties whose likely headquarters are old district head offices, the change over would be natural. Narok County governor would move into the DC’s office, and also take over the DC’s official residence. This is would be transition rather than launching counties on ground zero.
The reinvention of the Provincial Administration is, therefore, subverting the spirit of the new Constitution. The OP restructuring is not about innovation. It subverts devolution, thus diluting the expected constitutional revolution.
There is no provision for a cluster of counties under a PC, or a block of constituencies under a DC. There is also no room for paramount chiefs.
County governors, the President, and Deputy President, among others, are referred to in the new Constitution as State Officers.
So then it would be misleading to think of a PC as more ‘government’ than the governor of West Pokot or Migori County.
The new Constitution recognises only two levels of government – the National Government and the County Government. The creation of parallel structures will make government unwieldy.
And it is you, the taxpayer, who shall carry the burden of the selfish quest to preserve relics of a dying era. The restructuring is an attempt to perpetuate old loyalties at a time State officers are supposed to swear allegiance to the Constitution.
subversion of change
But before some repository of the public interest goes to court to tell the Office of the President to wait for the Implementation Commission or the Parliamentary Implementation Committee, the public needs to know: That the OP is vandalising the new Constitution.
The rush by the OP is much about subversion of change than innovation or passion to get the work done ahead of transition schedule.
The spirit and letter of the new Constitution is being defiled as the litigious society civil cheers. While the civil society is still celebrating, lords of impunity are fleeing with the revolution.
Behind the haste lurks a conspiracy to frustrate devolution. Someone should move to court to protect our constitutional revolution from the vandalism of vested interests. There should be a court order to restrain the vandals before they wreak further havoc.
The writer is The Standard managing editor, Production & Quality.
Kendo@standardmedia.co.ke

Fast track new laws, EU urges State

Published on 14/09/2010

By Mutinda Mwanzia
The European Union has called for the speedy setting up of two crucial organs to oversee the implementation of the new laws.
EU Head of Delegation Eric Van Der Linden said the union is ready to help the Government with all ‘necessary means’ to ensure the new laws are fully implemented. He said the Commission on the Implementation of the Constitution and the Parliamentary Constitution Implementation and Oversight Committee are necessary to fast track the implementation, which he noted is an enormous task.
“There are vested interests and change of mind among some individuals concerning some sections of the new Constitution. That’s why you are now hearing different opinions concerning some issues like the Provincial Administration,” said Linden.
He said there was need for friends of Kenya to support the implementation process to the letter and spirit.
Linden was speaking to journalists at a Nairobi hotel after the EU hosted members of the civil society to a luncheon to deliberate on the implementation process of the new laws.
British High Commissioner Rob Mcaire and French Ambassador Elisabeth Barbier were also present.
On Tuesday, Mcaire said envoys were holding discussions with the Government to ensure successful implementation of the new laws.

Orengo says new laws to give land rights to women

Published on 14/09/2010
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Lands Minister James Orengo is optimistic the new Constitution will end gender discrimination.
Mr Orengo told an international women’s conference in Nairobi that women would have a say on land ownership.
“Unlike the past, the new Constitution allows a woman to inherit land, allocate and even sell it without discrimination,” said the minister.
He said under property ownership rights, women were now allowed to administer land unlike the past where cultures dictated against them.
The minister said the land chapter in the new laws and the National Land Policy address equity and urged women to make use of friendly clauses to benefit.
“He said although the new Constitution aims at establishing a democratic form of governance at national and local levels, legal and institutional action alone was unlikely to be enough.
“Full realisation of women’s land rights is likely to be a long-term process. Advocacy and education in support of women’s land rights are crucial, given the deep-rooted cultural norms and practices which underlie discrimination in land tenure,” said Orengo.
The minister spoke on Tuesday when he opened an international women’s symposium at a Nairobi hotel.
The event was organised by the International Development Research Centre and attracted several participants from various countries.
Participants discussed how best to make use of land resources for the benefit on women.
The centre’s regional director Constance Freeman said the conference would also enlighten women on the rights and opportunities offered through new Constitution.
“Women have to come up with a sound work plan on how best to put land into use bearing in mind there is a friendly constitutional atmosphere,” she told the participations at a Nairobi hotel.
“Land policies must secure rights of all land users and serve the multiple goals of equity, poverty reduction, income growth, economic efficiency and sustainable environmental management,” said the minister.
Orengo said in Kenya, land administration was carried out without legal tools coupled with discordant formal and customary tenure and institutions that resulted in a complex scenario that marginalised women.

Provincial Administration here to stay

Published on 14/09/2010
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Media houses have recently been inundated with calls for the retention or rejection of the Provincial Administration.
Everyone is entitled to their opinion, but it is disturbing when a section of the so-called ‘learned friends’ deliberately distort what the new Constitution says.
It is worth noting that the problems that have faced the country are caused by politicians, not the Provincial Administration (PA). Kenyans deserve to be told a few home truths about what the new laws says.
First, the PA is now firmly anchored in the new Constitution, and it only requires restructuring for it to conform with the new constitutional order.
Secondly, county governments and the national Government are distinct and interdependent, and they shall relate on the basis of consultation and co-operation.
Thirdly, both levels of governance shall ensure reasonable access to their services. Thus they are required to have structures to facilitate this provision.
Finally, the two levels are designed to complement each other without any ambiguity.
In the spirit of the new Constitution, neither government can purport to undertake functions of the other without first coming to an agreement.
If the Committee of Experts had intended for county governments to perform the functions of the central government, it would not have spelt out each level’s duties so clearly. To this end, the phobia for the PA is unwarranted, and it is as a result of misrepresentation and misinformation.
The restructured administration with DCs, DOs and chiefs shall allow county governments to ‘implant’ their administration without the clashing of roles and functions.
I envisage a scenario where district and divisional county administrators would hold bi-monthly briefs with the governors to give progress or service delivery reports at both levels in a county.
The PA should not be viewed in isolation bearing in mind that it encompasses other heads of departments who serve the interests of the national government.
The clamour for the abolition of the PA is not only demoralising to serving officials, but it is also an attempt by a few to sneak in ‘rogue’ governors who may be tempted to think they are only answerable to self and ‘their people’ with little regard to the president.
{Innocent Okaka Etyang — DO, Ongata Rongai}

Leaders want PCs, DCs placed under Governors

Published on 14/09/2010
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By Vitalis Kimutai
Constitutional Affairs Assistant Minister William Cheptumo and National Vision Party (NVP) leader Nicholas Biwott want Provincial Administrators retained in the Government restructuring but be placed under county governors.
Leaders in the North Rift region led by councillor Francis Muya, Samwel Akama, Joseph Ruto and Kipkorir Menjo also supported retention of the officers in the new constitutional order.
Mr Cheptumo said the Executive should not be seen to be sidelining other arms of Government in implementation of the new laws, as it would bring confusion and mistrust.
“PCs, DCs, DOs, chiefs and their assistants should report to the county governor who is the CEO of the new units,” Cheptumo told The Standard in Eldoret.
Cheptumo added: “We should not rush in implementation of the new laws to avoid conflict. The new constitutional order should be a blessing and not a curse.”
He accused the Ministry of Internal Security of introducing 23 new administrative units under counties, saying it was against the spirit of devolution.
“How do you envisage more regional positions yet counties are provided for in the new laws?” Cheptumo posed.
Biwott separately said the restructuring process should not be hurried, as it would bring confusion.
“The restructuring of the Provincial Administration should be carried out in a seamless manner to allow smooth exit of the department,” Biwott said.
The former Cabinet minister said the department should not be demonised as it played an important role in matters pertaining to security and co-ordination of development projects .
“DCs, DOs, Chiefs and their assistants are key in co-ordinating Government projects and general development at the grassroots level, thus the need for the restructuring process to be carefully carried out,” Biwott said.
Menjo and Muya said the Uasin Gishu County should have administrators who reflect the cosmopolitan face of the region.
“National politics should not be allowed to influence Uasin Gishu County politics and we should avoid recycling leaders when it comes to picking governors and senators ,” Menjo said.
Muya said: “In the past, we elected leaders because they were in the right political parties and belonged to certain tribes. That should be avoided in electing county leaders,” Muya said