Neighbourhood Kenya 13th Edition - Kara
Neighbourhood Kenya 13th Edition - Kara
Neighbourhood Kenya 13th Edition - Kara
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DEC 2010<br />
13TH EDITION<br />
neighbourhoodhood<br />
KENYA<br />
The Authoritative Journal of The <strong>Kenya</strong> Alliance of Resident Associations (KARA)<br />
Perspective:<br />
HELLWIG-BOETTE :<br />
<strong>Kenya</strong>'s future is bright<br />
Property:<br />
Caution on Construction<br />
and Purchase of Property<br />
on Public Land<br />
Politics and Ping Pong<br />
IN NEW CONSTITUTION<br />
Implementation<br />
www.kara.or.ke
COVER STORY<br />
Note<br />
Editor’s<br />
Welcome to the <strong>13th</strong> edition of your preferred public<br />
service delivery focused journal. We appreciate<br />
your support and encouraging feedback as we<br />
wrap up the year 2010!<br />
It is the end of the year and time for the festive season. We<br />
appreciate our members, friends and partners whose support<br />
and faith in us has kept us going .<br />
It has been a busy and rewarding year for <strong>Kenya</strong>. Top on<br />
the milestones list is the realization of a new constitutional<br />
dispensation. <strong>Kenya</strong>ns can now look into the future with<br />
optimism and expectation of a smooth and inclusive<br />
implementation process.<br />
With the anticipated devolved government, there will<br />
certainly be need for more vigilance on utilization of public funds<br />
at the grassroots level. In this regard, the work of residents<br />
associations is clearly cut out.<br />
<strong>Kara</strong> takes note of the country’s renewed zeal to fight<br />
corruption both by the <strong>Kenya</strong> Anti-Corruption Commission and<br />
the two “principals” of the grand coalition government. We hope<br />
that this will be sustained and perpetrators shall be brought to<br />
justice regardless of their respective status in the society.<br />
On the <strong>Kara</strong> scene, it has been an exciting year when we<br />
marked our 10th anniversary, in style. We took time to refl ect on<br />
our successes and challenges for the past decade. We remain<br />
faithful on enhancing access to public service delivery in all<br />
sectors.<br />
In terms of programs, it has been a busy year. With the<br />
support of USAID, through Pact<strong>Kenya</strong>, we undertook a program<br />
aimed at improving local authorities’ public procurement and<br />
disposal service delivery. We also partnered with National AIDS<br />
Control Council to enhance protection of human rights of people<br />
living with and affected by HIV and AIDS.<br />
On constitutional matters and with the support of Uraia-<br />
<strong>Kenya</strong>’s NCEP II, we undertook post referendum civic education<br />
on the strengths, weaknesses, opportunities and threats of the<br />
new constitution. Our popular Bi-monthly Talk Series (BTS)<br />
forums supported by Hanns Seidel Foundation provided useful<br />
platforms for debate on topical issues.<br />
It was also a year when we concluded the Ford Foundation<br />
supported establishment of Citywide Residents Associations<br />
at every provincial headquarter. We are happy to partner with<br />
Ford Foundation on a 2-year program to promote non-state<br />
actors dialogue on the county governments and other aspects<br />
of devolution.<br />
In the new year, we look forward to taking the governance<br />
and accountability dialogue a notch higher through collaboration<br />
with other partners in the Eastern Africa region. In collaboration<br />
with the Eastern Africa Federation of Resident Associations<br />
(Eafra), we will undertake technical exchanges with <strong>Kara</strong>’s<br />
counterparts in Rwanda, Tanzania and Uganda.<br />
We are counting on your continued support. In order to<br />
reinvigorate and re-energize our dedicated team of staff, our<br />
offices will remain closed from 23rd December 2010 to reopen<br />
on Tuesday, 4th January 2011. We take this opportunity to wish<br />
you a Merry Xmas and a Happy New Year. Keep peace and<br />
stay safe! Asanteni!<br />
Political Sideshows<br />
should not Derail<br />
Implementation of<br />
the New Constitution<br />
The new constitution for the country is here with us, thanks to the<br />
overwhelming endorsement by the majority of <strong>Kenya</strong>ns on August<br />
4. It is indeed a new dawn for the citizens who have witnessed a<br />
spirited fight for a new set of laws for over two decades.<br />
The celebratory mood has been on for the last three months as <strong>Kenya</strong>ns<br />
prepare themselves for the full ushering in of a dispensation described by<br />
many as the best on the continent.<br />
But as the process of implementation of the constitution begins, there<br />
seems to be numerous hurdles that are making the baby steps of an<br />
otherwise healthy child a nightmare.<br />
The authors of the new supreme law might have had all the good<br />
intentions at heart when they drafted the path that should be followed to its<br />
full realization. But it is now emerging that they were too optimistic that they<br />
overlooked the possible theatrics of the <strong>Kenya</strong>n politician and his or her<br />
narrow and selfi sh interests.<br />
The drafters while setting the timetable for the establishment of the various<br />
commissions necessary for the implementation for instance, completely failed<br />
to provide fallback positions incase the timelines may not be met for one<br />
reason or the other.<br />
It is for this reason that the month of November revealed a continuum of<br />
events that have elicited debate on whether or not, just in its formative stages,<br />
the country was facing a constitutional crisis.<br />
First, it was the formation of the Judicial Service Commission whose<br />
members are supposed to be elected by the various stakeholder groups and<br />
be vetted by the parliamentary committee on justice and legal affairs before<br />
the names are taken to parliament for adoption and fi nally to the President,<br />
who in consultation with the Prime Minister, is supposed to appoint them for<br />
subsequent gazzettement.<br />
3.
COVER STORY<br />
Political Sideshows on<br />
Katiba<br />
The process kicked off well in time<br />
and everything seemed on course until it<br />
emerged that one of the nominees, had a<br />
somewhat shady past and the parliamentary<br />
committee had to recall him for further<br />
interrogation.<br />
Ahmed Abdulnassir was elected by the<br />
Law Society of <strong>Kenya</strong> to the proposed<br />
Judicial Service Commission.<br />
He was slated to be the chairman. But no<br />
sooner had he been elected than he begun<br />
rousing dust. At fi rst he was reluctant to<br />
be vetted by the parliamentary committee<br />
arguing, in his wisdom, that the former<br />
had no business grilling him since he was<br />
elected.<br />
But the reluctance was just for some short<br />
stint, for minutes after arriving at the venue,<br />
Ahmednassir accepted to be vetted by the<br />
Ababu Namwamba led committee which<br />
eventually endorsed him. The names were<br />
taken to parliament and the commissioners<br />
were, for all intents and purposes, accepted.<br />
A few days later, however, Ahmednassir<br />
was recalled by the parliamentary committee<br />
after it emerged that he was not spotless<br />
after all. Dan Ameyo, a former postmaster<br />
general came up with allegations that<br />
Ahmednassir had at one time attempted to<br />
“extort” sh.63million from the corporation.<br />
Reportedly, Ahmednassir had attempted<br />
to defraud the taxpayer millions as legal<br />
fees in connivance with disgraced foreign<br />
affairs minister Moses Wetang’ula and when<br />
Ameyo resisted, the duo threatened him with<br />
“personal consequences”.<br />
Ahmednassair is said to have gone<br />
a step further and verbally abused the<br />
postman. By the time of going to press,<br />
Ahmednassir’s candidature as a judge of<br />
judges was still in the balance.Then there<br />
were the Commission on the Implementation<br />
of the Constitution (CIC) and the Revenue<br />
Allocation Commission (RAC). After the<br />
vetting by the respective parliamentary<br />
committees, the nominees were presented<br />
to parliament for MPs to adopt, then the<br />
drama begun.<br />
The time table stipulates that these<br />
commissions must have been in place not<br />
later than three months after promulgation<br />
of the new constitution. It was therefore<br />
expected that the mandatory commissions<br />
will receive presidential appointment and<br />
gazzettement by latest November 27 and<br />
when the respective committees presented<br />
the names to the August House on<br />
November 24th , they were hopeful that they<br />
were well within the timelines.<br />
But something had just happened that<br />
changed the political attitude towards<br />
nationhood. Andrew Ligale, the chairman of<br />
the then Interim Independent Boundaries<br />
Review Commission (IIBRC) had released a<br />
list of 80 new constituencies(also a condition<br />
for successful implementation of the new<br />
constitution) as provided for in its mandate<br />
but seemingly the list was not satisfactory to<br />
all politicians.<br />
A hullabaloo then rose over the spread<br />
and distribution of the new legislative units<br />
and so much water went under the bridge<br />
and by the time the CIC and RAC nominees<br />
were presented to parliament the Ligale list<br />
of 80 had not been gazzetted as expected.<br />
The term of the IIBRC was also fast coming<br />
to an end(it fi nally folded up on November<br />
27)<br />
On the day parliament was about<br />
to debate the names of the crucial<br />
commissions members a group of MPs<br />
who were unhappy that the new electoral<br />
units had not been gazzetted and who were<br />
convinced that a section of the executive<br />
had interfered with the process, called a<br />
press conference and announced that they<br />
will “do anything” to ensure that their voices<br />
were heard. And they did.<br />
Parliament failed to adopt the names and<br />
consequently failed to beat the November<br />
27 deadline.<br />
The country is now in a debate mood.<br />
There are various schools of thought. Some<br />
argue that there is a constitutional crisis<br />
since the commissions mandatory for the<br />
implementation of the new law were not put<br />
in place as stipulated.<br />
Others, however, argue that the law<br />
gives a leeway and parliament can extend<br />
the period in which they can establish the<br />
desired commissions.<br />
What is clear though is that the new<br />
constitution did not envisage the failure of<br />
meeting commission formation deadline<br />
only giving express recourse if necessary<br />
legislations are not put in place.<br />
As debate goes on, it is hoped that the<br />
political sideshows will not sweep away<br />
the optimism of <strong>Kenya</strong>ns and that all will<br />
be done to maintain the pace towards full<br />
implementation of the new law.<br />
Disclaimer:<br />
<strong>Neighbourhood</strong> <strong>Kenya</strong> is produced bi-monthly by The <strong>Kenya</strong> Alliance of Resident Associations (KARA) The opinion expressed in the articles are those of the authors and<br />
do not necessarily reflect KARA’s offi cial position. The editor welcomes contributions of articles and photographs from members of the public. Any materials received will<br />
be treated as unconditionally assigned for public and will be subject to KARA’s unrestricted right to edit and publish.KARA reserves the right of this publication and no<br />
part can be published in anyway without express permission.
PERSPECTIVE<br />
GERMANY DIPLOMAT'S TAKE<br />
<strong>Kenya</strong> has many friends. And the<br />
cosy relations between <strong>Kenya</strong> and<br />
her friends are growing in turns and<br />
bounds, thanks to the exemplary handling<br />
of the recent transition and rebirth. But the<br />
country sadly does not seem to be able to<br />
fully take advantage of these friends to help<br />
her grow.<br />
One of <strong>Kenya</strong>’s oldest friends, the<br />
Federal Republic of Germany, supports the<br />
country in grabbing opportunities. Right<br />
now, however, Germany’s ambassador to<br />
<strong>Kenya</strong>, Margit Hellwig-Boette feels there<br />
is still too much red tape in putting place<br />
the structures which can attract foreign<br />
investment in <strong>Kenya</strong>, investment her<br />
country is just too enthusiastic to make.<br />
“The main challenge I have encountered<br />
is that ministry officials seem to take too<br />
long to implement what would ordinarily be<br />
a simple task and consequently making it<br />
necessary for one to seek top intervention,”<br />
Hellwig-Boette stated.<br />
The issue at the heart of the envoy’s<br />
concern is the setting up of a German<br />
Business delegate office in <strong>Kenya</strong> which<br />
would be responsible for coordinating<br />
German investors’ interests in the country<br />
and also with providing necessary<br />
information for prospective <strong>Kenya</strong>n<br />
investors in Germany.<br />
Lady Hellwig-Boette says she has been<br />
moving from one <strong>Kenya</strong>n office and offi cer<br />
to another for months now to get the<br />
permission to set up a German Business<br />
delegate offi ce and though no one seems<br />
to oppose the idea, no one seems to be<br />
particularly enthusiastic about it either.<br />
This, the Ambassador who quite<br />
genuinely confesses her love for <strong>Kenya</strong>,<br />
says, is standing in the way of great<br />
economic opportunities for citizens of the<br />
two countries.<br />
In an interview with <strong>Neighbourhood</strong><br />
<strong>Kenya</strong> early November, the warm and<br />
pleasant ambassador spoke of how she has<br />
had to reluctantly engage Prime Minister<br />
Raila Odinga to intervene on certain issues<br />
but she concedes that this should not<br />
always be the way to do things.<br />
“I think there are too many people with<br />
6.
PERSPECTIVE<br />
too many issues going to the PM for<br />
intervention. We overwhelm him. It is not<br />
necessary that things which could be easily<br />
performed by offi cers at departments are<br />
taken to the highest level (of the PM and<br />
President),” the Ambassador noted.<br />
But that seems to be the only bone<br />
Hellwig-Boette has to chew with the country.<br />
On almost all other matters, <strong>Kenya</strong> is a<br />
good friend to Germany and the world.<br />
Take the reform process for instance and<br />
you have one envoy who exudes more<br />
optimism than a good percentage of the<br />
majority of <strong>Kenya</strong>ns. She fi rmly believes<br />
that <strong>Kenya</strong> has never been nearer to a<br />
brighter day than it is now. And she should<br />
know!<br />
Her country has some distinct historical<br />
similarity with <strong>Kenya</strong> which one can easily<br />
draw lessons from.<br />
Just twenty years ago, there was no<br />
Germany. We had West Germany and East<br />
Germany. Today the re-united Germany is<br />
one of the world’s economic giants. The<br />
country has sixteen “Länder”, originally<br />
formed of different tribes which not so long<br />
ago had their very loud and conspicuous<br />
differences.<br />
Today there is almost total harmony<br />
among all Germans. That exactly is what<br />
<strong>Kenya</strong> needs - reconciliation and ethnic<br />
harmony especially as we swim through this<br />
new found hope in the new constitution.<br />
Germany is also a lesson in devolved<br />
governance and as Hellwig-Boette suggests<br />
<strong>Kenya</strong> can learn a lot in managing counties<br />
from it.<br />
“Financial devolution is a wonderful thing<br />
but a country needs to be wary of a possible<br />
devolution of corruption,” says the trained<br />
literature teacher who loves the challenges<br />
the art and science of diplomacy provides.<br />
Speaking of corruption, the ambassador<br />
believes <strong>Kenya</strong> is on the right track towards<br />
slaying the dragon that has eaten into the<br />
country’s progress for as long as <strong>Kenya</strong><br />
has lived. She is particularly happy with the<br />
way the Patrick Lumumba - led KACC is<br />
going after the “big fi sh” but offers a word of<br />
advice.<br />
“Focus should not only be on the big fi sh<br />
but rather on all <strong>Kenya</strong>ns. Every <strong>Kenya</strong>n<br />
should manage his or her money and avoid<br />
bribing,”<br />
The ambassador also hopes that other<br />
than the public excitement about the naming<br />
of the suspected big-time corrupt public<br />
offi cers, Lumumba will need to go the whole<br />
hog and build strong cases against them<br />
to achieve convictions, for that is what<br />
<strong>Kenya</strong>ns want.<br />
Ambassador Hellwig-Boette says her<br />
country has provided and will continue to<br />
provide all support <strong>Kenya</strong> needs to be the<br />
best. It is important to note that Germany<br />
was the fi rst country in the international<br />
community to recognize <strong>Kenya</strong> as an<br />
independent nation after the latter got<br />
rid of British colonialists in 1963 and has<br />
maintained bilateral political, economic and<br />
social co-operation.<br />
“Germany has a special relationship<br />
with <strong>Kenya</strong>, a country which is such a<br />
fascinating posting for any diplomat,”<br />
says the fi fty-two year olrd diplomat who<br />
can looke back at twenty years in the<br />
foreign service.<br />
Though Germany is happy with<br />
the reforms <strong>Kenya</strong> has implemented<br />
so far, Hellwig-Boette advises the<br />
process should be expedited as time is<br />
of the essence here.<br />
“We only have about two years to the<br />
fi rst general elections under the new<br />
Margit Hellwig-Boette is a charming<br />
lady by any standards. But she is a<br />
woman who knows what she loves<br />
and goes after it with passion.<br />
She seems to love <strong>Kenya</strong> and her people<br />
and is on a mission to help while enjoying<br />
what the country offers.<br />
One of the things she has continued<br />
to support in the fi rst year of her<br />
ambassadorial positing is a cultural festival<br />
in Loyangalani. The festival is aimed at<br />
promoting tourism in Turkana as a means<br />
of opening the area up to the world and<br />
consequently improve the residents’<br />
economic wellbeing.<br />
Hellwig-Boette is the German ambassador<br />
to <strong>Kenya</strong>. She was born fi fty-two years<br />
ago and trained in the teaching of French<br />
Language and Literature, History and<br />
Philosophy.<br />
Finding it diffi cult to get a teaching job in<br />
Germany, Margit switched to the Foreign<br />
Service at the age of thirty and has never<br />
looked back.<br />
She has been around the world serving<br />
constitution. Therefore, the necessary<br />
reforms in line with the new law need<br />
to be put in place. The judiciary should<br />
take priority since it is central to all other<br />
sectors,” she said, adding that reforms<br />
in the police sector for instance would<br />
be useless if due justice is not meted<br />
on criminal suspects that the officers<br />
apprehend.<br />
She also hopes that more will<br />
be done to ensure<br />
that the economic<br />
and cultural<br />
development<br />
which the new<br />
constitution<br />
promises will<br />
reach even<br />
the hitherto<br />
marginalized<br />
parts of the<br />
population.<br />
Germany in different capacities and was<br />
posted to <strong>Kenya</strong> in August 2009. She fell in<br />
love with the country on the fi rst day.<br />
“The fi rst time I arrived in Nairobi I didn’t<br />
believe for a minute I was in Africa. I got<br />
such a warm reception from the president<br />
and the prime minister to the cleaner and<br />
gardener,” she remembers and adds “<strong>Kenya</strong><br />
is fascinating and a perfect country”<br />
For a <strong>Kenya</strong>n, Hellwig-Boette’s family<br />
relations might seem peculiar and unique:<br />
She is an only child married to an only child<br />
and has no child of her own either. She<br />
believes true happiness lies in being able to<br />
make friends as much as one can and have<br />
enough money to enjoy what one likes. In<br />
her case this entails “lying in my hammock<br />
in my garden and enjoying the sky for as<br />
long as I want and not worrying about work<br />
while sipping a Tusker Malt”<br />
But this is secondary to the company of<br />
her husband Mr. Gerd Boette who decided<br />
to “take a two year leave from his good job<br />
in Germany just to be the husband of the<br />
ambassador in <strong>Kenya</strong>”<br />
7.
ROADS<br />
A frank Bett pledges<br />
to solve Athi River<br />
road hitch<br />
Roads minister Franklin Bett in<br />
November visited a badly damaged<br />
section of the Mombasa Road-<br />
Athi River after residents of Kitengela<br />
threatened to hold a demonstration to force<br />
the contractor to return on site even after<br />
disagreeing with the government.<br />
The Sh4.3 billion project is being<br />
undertaken by two international road<br />
construction fi rms - SBI International<br />
Holdings AG Bachtrasse 56 and CH-8200<br />
Schaffhausen.<br />
The works on the 33km JKIA to<br />
Machakos turn-off road started in June<br />
2006. Accompanied by Eng. Meshack<br />
Kidenda, the director general of the <strong>Kenya</strong><br />
National Highways Authority and the<br />
Chief Executive of the <strong>Kenya</strong> Alliance of<br />
Resident Associations, Stephen Mutoro,<br />
Bett said repair will be on course after an<br />
administrative issue with the contractors is<br />
sorted.<br />
“The contractor will be on site in the next<br />
few days. Motorists should use the patched<br />
diversion that has been re-carpeted before<br />
the road is completed,” Bett said.<br />
Bett said the 10.5km section between<br />
JKIA and Athi River will be upgraded to a<br />
dual carriageway to ease traffi c.<br />
A new weighbridge for cargo transit<br />
trucks is also being built at Mlolongo,<br />
complete with ample parking space for the<br />
hundreds of long distance trucks.<br />
This is designed to eliminate the traffic<br />
snarl-up at Mlolongo trading centre largely<br />
caused by trucks waiting to be weighed.<br />
The minister also summoned the<br />
management of Bamburi Cement Factory<br />
and Mombasa Cement Factory to his offi ce,<br />
saying heavy trucks were partly to blame for<br />
damage on the road.<br />
A service road will also be built on either<br />
Roads minister<br />
Hon. Franklin Bett<br />
side of the dual carriageway to cater for<br />
stationary vehicles, while the dilapidated<br />
bridge at Stoney Athi is being upgraded<br />
as works on the interchange and the dual<br />
carriageway go on.<br />
8.
corruption<br />
Corrupt Run, PLO<br />
Lumumba is on rampage!<br />
Corrupt individuals are<br />
shaking in their pants<br />
thanks to the renewed<br />
enthusiasm to fi ght the vice in<br />
the country.<br />
The last three months-<br />
October to December- have<br />
not been very friendly to those<br />
in the habit of stealing from the<br />
taxpayer.<br />
The political leadership and<br />
the recently invigorated <strong>Kenya</strong><br />
Anti Corruption Commission<br />
(Kacc) seem to have realized<br />
the need to tame the virus<br />
that has literally and almost<br />
singlehandedly cast the<br />
majority of <strong>Kenya</strong>ns into a life<br />
of perpetual poverty despite the<br />
potential the country has.<br />
Leading this re-born effort to root<br />
out sleaze has been President<br />
Mwai Kibaki, who upon realizing<br />
that his constitutional term in<br />
offi ce is coming to a very speedy<br />
end, has decided to build a<br />
legacy of not protecting anyone.<br />
Looking at the events of the<br />
last three months, the President seems to<br />
be telling friends and foes associated with<br />
corruption that he cannot tolerate them to<br />
muddy his presidency, let alone protecting<br />
them.<br />
Two ministers and several other top civil<br />
servants and a civic leader have fallen after<br />
being implicated in scandals that smell of<br />
corruption. And the eloquent new KACC<br />
director Prof. Lumumba has promised that<br />
alot more are on his client list already. The<br />
director has since not publicly named the<br />
culprits but the public has some suspects in<br />
mind.<br />
In October, Higher Education minister<br />
and Eldoret South MP William Ruto was<br />
axed from the cabinet after a court ruled<br />
that he had a case to answer following a<br />
shady land deal about eight years ago.<br />
Though Mr Ruto characteristically was<br />
reluctant to step aside as required by the<br />
constitution, President Kibaki read the public<br />
KACC Director Prof. PLO Lumumba<br />
mood and boldly “stood him aside” until he<br />
is cleared by the court. The semantics of<br />
“being stood aside” notwithstanding, the<br />
message was clear that the President was<br />
not ready to be seen to be sleeping together<br />
with suspected thieves of public property.<br />
A week later it was the turn of Foreign<br />
Affairs minister and Sirisia MP Moses<br />
Wetang’ula to feel the heat and hastily<br />
throwing in the towel.<br />
Mr Wetang’ula stepped aside on<br />
October 27 to pave way for investigations<br />
into the 13.9 million U.S. dollars fraud that<br />
involved the questionable purchase of an<br />
embassy land in the Japanese capital,<br />
Tokyo.<br />
The minister stepped aside shortly after his<br />
permanent secretary, Thuita Mwangi, had<br />
also left his post. Both had been implicated<br />
in allegedly irregular property deals<br />
conducted by <strong>Kenya</strong>n embassies<br />
overseas.<br />
The parliamentary committee on<br />
defense and foreign affairs had just<br />
presented a damning report that<br />
detailed how taxpayers lost some<br />
Shs.5billion in the purchase of an<br />
embassy in Tokyo, Nigeria, Egypt,<br />
Pakistan and Brussels.<br />
Geoffrey Majiwa, the mayor of<br />
Nairobi, was the next to fall, albeit<br />
more dramatically.<br />
He was arrested for his alleged role<br />
in a supposedly irregular purchase<br />
of land for a new cemetery in the<br />
city. He eventually stepped aside.<br />
The latest purge is directly linked<br />
to the new constitution, introduced<br />
in August, which demands that<br />
public offi cials charged with<br />
corruption must vacate their<br />
positions.<br />
In reaction to the exceptional fall<br />
of the suspected corrupt offi cials,<br />
many <strong>Kenya</strong>n opinion leaders<br />
praised the new constitution saying<br />
it provided a new chance for<br />
<strong>Kenya</strong>.<br />
“We’re turning a corner on corruption<br />
and impunity as a result of the new<br />
constitution,” Adams Oloo, a political analyst<br />
told an international paper in an interview.<br />
James Orengo, the lands minister,<br />
told parliament that the new political<br />
dispensation “must now hold us to a higher<br />
standard. The executive must now be like<br />
Caesar’s wife – beyond reproach.”<br />
“This latest purge is the result of a lot of<br />
good work by parliament and others,” said<br />
Mwalimu Mati, executive director of Mars<br />
Group <strong>Kenya</strong>, who told the same paper.<br />
President Mwai Kibaki has since directed<br />
all accounting offi cers in Government to<br />
take stern action against any offi cer serving<br />
under them who is implicated in corruption.<br />
Kibaki ordered the accounting offi cers<br />
to institute sanctions including sacking and<br />
prosecuting errant offi cers who commit<br />
crimes of corruption.<br />
10.
CONSTITUTION<br />
corruption<br />
The President said, “I am happy to<br />
note that today there are fewer incidents of<br />
grand corruption reported by the National<br />
Audit Offi ce. This is due to the tougher<br />
procurement laws, the oversight role of<br />
Parliamentary committees, and scrutiny by<br />
the civil society and the media.”<br />
Kacc director PLO says four Cabinet<br />
ministers and at least 45 senior heads<br />
of parastatals are under investigation<br />
in connection with corruption and other<br />
related economic crimes.<br />
Prof. Lumumba, however, declined<br />
to name those facing the investigations,<br />
choosing to say that they will be named “in<br />
the fullness of time and time may be full<br />
soon”.<br />
Lumumba indicated the graft watchdog<br />
is investigating old affairs such as the<br />
Goldenberg cases, more recent ones<br />
such as the Anglo Leasing saga as well<br />
as recent cases such as the resettlement<br />
of Internally Displaced Persons and the<br />
importation of old vehicles.<br />
“I think we are investigating no less than<br />
four Cabinet ministers and investigating no<br />
less than 45 heads of parastatals,” he told<br />
journalists at Strathmore University after<br />
a conference on ethics and sustainable<br />
development some time in October.<br />
“We are looking at closing down<br />
investigations and possible prosecution of<br />
the old cases, which you know about- Anglo<br />
Leasing, Goldenberg,” said Prof. Lumumba.<br />
The Kacc has in the past been accused of<br />
failing to produce enough evidence for the<br />
successful prosecution of corruption cases,<br />
but Lumumba was quick to defend the<br />
institution’s work.<br />
“This is a relay race. We run our leg and<br />
run it well and what others do in theirs is not<br />
within our prerogative.”<br />
Kacc has once again written to the British,<br />
Swiss and United States governments in<br />
an effort to get to the bottom of the two<br />
cases, in which <strong>Kenya</strong> lost billions in shady<br />
contracts, phantom deliveries and outright<br />
theft.<br />
Over the same period nearly 8,000 civil<br />
servants have been transferred in a new<br />
move to root out corruption.<br />
In a policy seeking to discourage the<br />
formation and entrenchment of corruption<br />
networks, public offi cers will not be<br />
allowed to work in the same station for<br />
more than three years.<br />
“The objective of the postings has,<br />
among others, been to facilitate skills<br />
transfers, exposure of affected staff to<br />
different working environments and to<br />
discourage entrenchment of networks<br />
associated with unethical practices,”<br />
says Mr Titus Ndambuki, the Permanent<br />
secretary at the Public Service ministry.<br />
The momentum with which the fi ght<br />
against corruption has picked is good<br />
for <strong>Kenya</strong>. But as German Ambassador<br />
Margit Hellwig-Boette argues elsewhere<br />
in this edition the real celebration will only<br />
come when Kacc fi nally start winning<br />
convictions.<br />
11.
projects<br />
Projects in brief<br />
1) County devolution and<br />
stakeholders dialogue<br />
The Ford Foundation will be supporting the<br />
Alliance over the next 2 years in a project<br />
aimed at promoting Non-State Actors<br />
(NSA’s) Dialogue on <strong>Kenya</strong>’s Constitution<br />
and Improving Governance in the East<br />
African Region through Enhanced Citizens’<br />
Participation. The project will be undertaken<br />
in Nairobi, Rwanda, Uganda and Tanzania.<br />
2) USAID Project on public<br />
procurement<br />
The implementation of the 1 year USAID<br />
funded project is on course with project<br />
activities having being undertaken in<br />
Nairobi, Machakos and Nakuru. These<br />
include hosting of Town Hall Forums,<br />
establishment of Procurement Watch Action<br />
Groups (ProWAGs) and training of the<br />
ProWAGs. The project aims at improving<br />
service delivery in local authorities’ public<br />
procurement and disposal service delivery.<br />
3) National AIDS Control Council<br />
(NACC) Project on human rights<br />
The 1 year NACC supported project aims<br />
at enhancing protection of human rights of<br />
people living with and affected by HIV/AIDs.<br />
The target project areas are Nairobi (Nairobi<br />
East & West Districts); Nyanza (Kisumu &<br />
Kisii); Western (Kakamega and Bungoma)<br />
and Coast (Mombasa and Kilifi ). So far,<br />
project activities have been undertaken in<br />
Nairobi and Western Province.<br />
4) Uraia <strong>Kenya</strong>’s National Civic<br />
Education Programme II (NCEP)<br />
5) The Bi-monthly Talk Series and<br />
HSF:<br />
With the support of Hanns Seidel<br />
Foundation (HSF), the Alliance has been<br />
hosting well attended and informative Bimonthly<br />
Talk Series (BTS) sessions on<br />
topical issues. Discussions are underway<br />
to sign a new MoU for 2011 with HSF for 4<br />
BTS sessions<br />
6) <strong>Neighbourhood</strong> <strong>Kenya</strong> Journal<br />
has come of age<br />
13 editions of the hard copy journal<br />
<strong>Neighbourhood</strong> <strong>Kenya</strong> have so far<br />
been published since August 2008. The<br />
12th edition was dedicated to the 10th<br />
anniversary celebrations and highlighted the<br />
journey the Alliance has taken through the<br />
last 10 years. Meanwhile, the online weekly<br />
newsletter is consistently being shared with<br />
the subscribers and so far over 294 issues<br />
have been published since January 2005.<br />
7) KEWASNET and Water<br />
Governance Issues:<br />
The activities and operations of<br />
KEWASNET, hosted by <strong>Kara</strong> are facilitated<br />
through a 5 year funding from DFID -<br />
Governance and Transparency Fund (GTF)<br />
program.<br />
Kewasnet has been playing a leading role<br />
in promoting good governance in the water<br />
and sanitation sector. Members of the<br />
Network led by <strong>Kara</strong> CEO Stephen Mutoro<br />
recently appeared before the Parliamentary<br />
Departmental Committee on Lands and<br />
Natural Resources regarding the ongoing<br />
investigations of the Ministry of Water and<br />
Irrigation on corruption allegations.<br />
8) Update on Land Grabbing in<br />
Nairobi<br />
The Alina Villas development on Lower<br />
Kabete Road which <strong>Kara</strong> and her members<br />
have been fi ghting, has fi nally been<br />
resolved. The title deed in question has<br />
been revoked by <strong>Kenya</strong> Gazette Notice<br />
Vol CXII - No 35 and the land which was<br />
irregularly allocated has since reverted to<br />
the Government.<br />
In the same vein, the KACC director/<br />
CEO Prof. PLO Lumumba has agreed to<br />
meet the <strong>Kara</strong> delegation on 22/12/2010<br />
from 9.00 am at his offi ces in regard to<br />
Loresho/Kabete land grabbing. After the<br />
meeting, the entourage will leave for<br />
Loresho with him on a fact-fi nding mission.<br />
9) It is another <strong>Kara</strong>-End of Year<br />
Media Social Event<br />
As part of the Ford Foundation project, <strong>Kara</strong><br />
has organized a media end of year party<br />
to be held on 22nd December 2010 from<br />
6.00pm in Nairobi.<br />
The aim of the event is to build strategic<br />
partnership with the media as a way<br />
of enhancing the Alliance’s profi le and<br />
promoting dialogue specifi cally on<br />
devolution and county government system.<br />
13. And finally, it is our Christmas<br />
Break!<br />
The secretariat will close on 23rd December<br />
2010 for Christmas break and reopen on<br />
4th January 2011. Merry Xmas and a Happy<br />
New Year<br />
The Alliance entered into a 3 months<br />
contract with Uraia NCEP to undertake civic<br />
education on the new constitution in Nairobi,<br />
Machakos and Naivasha. The project aims<br />
at contributing to improved knowledge of<br />
the new Constitution to enhance ownership<br />
and successful implementation of the<br />
constitution. The project runs from October<br />
2010 to January 2011<br />
Memorable quotes<br />
The fact that man knows right from wrong proves his<br />
intellectual superiority to other creatures; but the fact<br />
that he can do wrong proves his moral inferiority<br />
to any creature that cannot.<br />
Mark Twain, What Is Man (1906)<br />
US humorist, novelist, short story author, & wit (1835 - 1910)<br />
12.
PROCUREMENT<br />
New report says Local Authorities<br />
procurement still a mystery<br />
<strong>Kenya</strong>n citizens feel so strongly that<br />
they have not been involved in the<br />
procurement processes at Local<br />
Authorities (LA’s) as per applicable laws, a<br />
new survey report commissioned by <strong>Kara</strong><br />
and supported by Usaid/Pact<strong>Kenya</strong> now<br />
reveals.<br />
Majority (76%) of members of the<br />
public in all LA’s sampled had not seen<br />
a copy of the Public Procurement and<br />
Disposal Act 2005 and Regulations of<br />
2001/2006.<br />
The study conducted in Nairobi,<br />
Machakos, Mombasa and Nakuru further<br />
discovered that 90% of the respondents<br />
believe that LA’s are not transparent on<br />
procurement and disposal issues.<br />
94% of the respondents indicated that<br />
their respective LA’s have not taken time<br />
to educate them on the reformed public<br />
procurement system.On the other hand,<br />
89% of those interviewed indicated that<br />
Majority (76%)<br />
of members of<br />
the public in all<br />
LA's sampled had<br />
not seen a copy<br />
of the Public<br />
Procurement and<br />
Disposal Act 2005<br />
and Regulations of<br />
2001/2006.<br />
they are not involved by their respective<br />
LA’s in procurement activities<br />
84.8% of the respondents think<br />
that corrupt practices regarding public<br />
procurement and disposal are still rampant<br />
at the Local Authorities.<br />
The <strong>Kara</strong> research spearheaded by a<br />
seasoned governance scholar, Prof.<br />
Peter Lewa, was conducted as part of the<br />
activities under a program supported by<br />
Usaid through Pact<strong>Kenya</strong>.<br />
The program seeks to enhance<br />
procurement and disposal service delivery<br />
at the LA’s by identifying gaps relating to<br />
public participation and oversight role in the<br />
existing public procurement and disposal<br />
procedures.<br />
It also aims at ensuring that citizens<br />
are more effectively monitoring and holding<br />
the LA’s accountable with regard to public<br />
procurement and disposal services.<br />
The purpose of the research was to<br />
understand the extent of involvement<br />
of citizens in the public procurement<br />
processes in Local Authorities (LA). For the<br />
full report, please visit our website http://<br />
www.kara.or.ke<br />
13.
property<br />
CCN Caution on Construction and<br />
Purchase of Property on Roads<br />
and Public Land<br />
<strong>Kara</strong> has received a terse caution<br />
from City Council of Nairobi Town<br />
Clerk Mr. Philip Kisia that it is<br />
becoming increasingly common that many<br />
of the developments in Westlands area as<br />
well as a myriad of residential areas stand<br />
either on roads, road reserves, wetlands or<br />
public land.<br />
The penalty for such offence is high<br />
– demolition at your cost should you be<br />
lucky to escape prosecution.<br />
<strong>Kara</strong> members are particularly cautioned<br />
to observe due diligence before buying<br />
land and property in urban areas especially<br />
at this point in time when panicky land<br />
grabbers are offl oading their property at an<br />
alarming rate in the wake of the ongoing<br />
anti-corruption purge.<br />
We advise prospective property owners to<br />
engage proven professionals to undertake<br />
due diligence especially with the Surveys of<br />
<strong>Kenya</strong>.<br />
In the same breadth, we want to advise<br />
our members and the public in general that<br />
the draft National Land Commission Bill has<br />
been presented to the Minister for Lands.<br />
The Land Chapter, as contentious as<br />
it were in the run-up to the 4th August<br />
2010 referendum, could have far-reaching<br />
implications should <strong>Kenya</strong>ns fail to take<br />
keen interest in the spirit and letter of the<br />
actual legislation.<br />
Feedback<br />
Together We Will<br />
“Your 12th <strong>Edition</strong> of <strong>Neighbourhood</strong> <strong>Kenya</strong> is very informative and well written<br />
” Mr. John Cheboi, For: Permanent Secretary, Ministry of Tourism<br />
On behalf of our Ministry, I acknowledge receipt of your journal (<strong>Neighbourhood</strong> <strong>Kenya</strong>),<br />
which is an informative piece on access to public service delivery. We appreciate your kind<br />
gesture and wish you well as you celebrate 10 years of service delivery. Mr. Mulei Muia,<br />
For: Permanent Secretary, Ministry of Environment and Mineral Resources<br />
“ <strong>Neighbourhood</strong> <strong>Kenya</strong> is good and informative. We look forward to the next edition”.<br />
Dr. Bitange Ndemo, PhD, CBS, Permanent Secretary, Ministry of Information and<br />
Communications<br />
“We acknowledge with thanks, the receipt of your invaluable 12th edition of the journal of<br />
<strong>Neighbourhood</strong> <strong>Kenya</strong>” Mr. Philip O. Sika CBS, OGW , Permanent Secretary, Ministry<br />
of Nairobi Metropolitan Development<br />
<strong>Kenya</strong> Allaince<br />
of Resident Associations<br />
Kabarnet Lane , off Kabarnet Road,<br />
Off Ngong Road,<br />
P.O Box 1411-00100<br />
Nairobi, <strong>Kenya</strong><br />
E-mail: info@kara.or.ke<br />
Telephone:<br />
254-20-3874331, 3873828, 2341515<br />
Mobile Phone Number:<br />
0725983445; 0772700007; 0733779585<br />
http://www.kara.or.ke<br />
14.
counties<br />
Ranneberger: Resident<br />
Associations Must be<br />
Keen on Counties<br />
Chairman Andrew Enniskillen,<br />
CEO Mr. Stephen Mutoro, <strong>Kara</strong><br />
members, I am honored to be with<br />
you today to celebrate the <strong>Kenya</strong> Alliance of<br />
Resident Associations 10th anniversary.<br />
I would also like to thank the sponsors<br />
of today’s luncheon – Safaricom Limited,<br />
General Motors (EA) Ltd, and the Hanns<br />
Seidel Foundation – as well as members<br />
of the media who are joining <strong>Kara</strong> for this<br />
occasion.<br />
<strong>Kara</strong>’s 10th anniversary comes at a time<br />
of great promise and potential for <strong>Kenya</strong>.<br />
With the passing of the new constitution, we<br />
now see enormous possibilities for change<br />
that will benefi t not only the members of<br />
<strong>Kara</strong> but <strong>Kenya</strong>n society at large. This is<br />
<strong>Kenya</strong>’s best opportunity to prosper.<br />
Foremost among these changes<br />
brought by the constitution is the promise<br />
of devolution. The authority for moving both<br />
resources and decision-making to the local<br />
level has now been enshrined in a legal<br />
framework. The challenge is for <strong>Kenya</strong>ns to<br />
ensure that the full implantation of Chapter<br />
11—Devolved Government – is undertaken<br />
and is implemented according to the spirit in<br />
which it was written.<br />
Additionally, <strong>Kenya</strong>’s new constitution<br />
provides an unparalleled opportunity<br />
for citizens and consumer groups to be<br />
actively involved in improving governance<br />
and service delivery. Article 10 of the<br />
constitution expressly provides for not<br />
only the devolution of power, but also the<br />
participation of the people. Giving local<br />
authorities the tools to deliver services<br />
– and citizens the power to have a voice<br />
in the decision making process are two<br />
fundamental themes we see woven<br />
throughout the document.<br />
As part of the devolution process,<br />
county governments have been allocated<br />
a minimum of 15% of the national budget.<br />
While this transfer in resources is welcome,<br />
it comes with a price. And that price is the<br />
need for greater vigilance and constructive<br />
citizen engagement at the grassroots level.<br />
The provision of the public services – without the proper mechanisms for oversight and<br />
accountability – will only create greater space for corruption and mismanagement.<br />
Resident Associations can play a key role in monitoring the use of the county funds.<br />
Associations have a vested interest in ensuring greater accountability and effectiveness in<br />
the provision of public service for its members. Beyond monitoring, associations can also<br />
play a valuable role by providing formal feedback to local government and take a leading<br />
role in planning the priorities and development of the new counties.<br />
Along with the resident associations, other civil society organizations must position<br />
themselves strategically to play an effective role in the implementation of the new<br />
constitution and promote effective citizen participation. The old adage—there is strength<br />
in numbers- remains alive and well in <strong>Kenya</strong>’s reform environment. I know that <strong>Kara</strong>,<br />
together with other civil society organization, has recently formed the Decentralization and<br />
Governance Non- State Actors Network (DEGONSA). Its goal is to engage the government<br />
on policies related to a number of different issues, including the formulation of legislation,<br />
establishment of the new counties, devolved public funds and citizen participation. This is<br />
a welcome move that can help keep constitutional implementation on course and ensure a<br />
devolved system of government becomes a reality in <strong>Kenya</strong>.<br />
While partnership with the new local government structures and offi cials is important,<br />
it is also important that associations like KARA retain their oversight role and independent<br />
voice. The U.S Government is doing a small part to help support the work of KARA and<br />
some of its partners. For example, with the support of USAID, KARA is implementing a<br />
16.
XXXXXXXX counties PROFILE<br />
project to identify weaknesses in public<br />
procurement and citizen participation<br />
around disposal services.<br />
Project activities include the<br />
establishment of procurement watch action<br />
groups (ProWAGs) that engage with local<br />
authorities to ensure transparent and<br />
accountable procurement procedures. We<br />
will continue to support KARA, and similar<br />
organizations, through our USAID PACT<br />
program, whose goal is to strengthen<br />
the capacity and advocacy role of local<br />
organizations around Agenda 4 reforms.<br />
Also, USG assistance for Parliament,<br />
through the USAID SUNY program, will<br />
help encourage open and informed debate<br />
around the merit of a Resident Association<br />
Bill.<br />
I also understand that KARA has a<br />
number of new plans underway. Some of<br />
these include setting up a public Finance<br />
Management Training School and short<br />
online courses to help citizens more<br />
actively engage in accountability issues.<br />
KARA also plans to set up a national<br />
media station that would link residents<br />
and consumers, involving them in debates<br />
and public education. <strong>Kenya</strong> is an<br />
increasingly interconnected society, and<br />
efforts like these, led by KARA, are setting<br />
the trend in the region on how IT can be<br />
I would like to conclude<br />
today with the Swahili<br />
saying Hatua ndefu<br />
hufupisha mwendo. One<br />
step at a time will get<br />
you to the end of a long<br />
task. <strong>Kara</strong> has taken<br />
many steps in its 10<br />
years and will continue<br />
to follow a path of<br />
progress to the end of<br />
this long and exciting<br />
journey.<br />
used to effectively reach out to citizens<br />
on issues that affect them personally in<br />
their everyday lives.Fortunately, the new<br />
constitution provides an environment<br />
and legal framework to promote activities<br />
like these that not only integrate citizens<br />
participation at the local level, but ensure<br />
citizens have a greater voice in decision<br />
–making. As I mentioned earlier, Article 10<br />
in the new constitution expressly provides<br />
for participation of people. The challenge,<br />
however, is for civil society and citizens to<br />
organize themselves in a way that can take<br />
full advantage of this space so recently<br />
created by the new constitution.<br />
This isn’t easy. It requires coordination,<br />
cooperation and a common approach<br />
and this needs to be done with a sense of<br />
urgency. As the 2012 election approaches,<br />
it will become more diffi cult to keep<br />
government focused on the reform agenda<br />
at hand. That’s why it is imperative that<br />
organizations like <strong>Kara</strong> jump out in front<br />
to push and pull the reform agenda in the<br />
right direction, before this narrow window of<br />
opportunity begins to close<br />
I would like to conclude today with the<br />
Swahili saying “Hatua ndefu hufupisha<br />
mwendo”. One step at a time will get you to<br />
the end of a long task. <strong>Kara</strong> has taken many<br />
steps in its 10 years and will continue to<br />
follow a path of progress to the end of this<br />
long and exciting journey.<br />
***<br />
Statement by H.E Mr. Michael Ranneberger ar<br />
<strong>Kara</strong>’s 10th Anniversary Luncheon<br />
OUR PEOPLE<br />
Kennedy Atika Machuka<br />
Mr. Kennedy Machuka is an accomplished insurance<br />
expert and professional, a Fellow of both Insurance<br />
Institute of London (FCII) and Insurance Institute of<br />
<strong>Kenya</strong> (FIIK). He holds a title of Chartered Insurer.<br />
He has over 20 years experience having worked with<br />
several Insurance companies such as <strong>Kenya</strong> Reinsurance<br />
Corporation, Africa Reinsurance Corporation, Eagle Africa<br />
Insurance Brokers and Chartis <strong>Kenya</strong> Insurance Co Ltd<br />
at senior management levels. He retired from active<br />
employment last year to set up Mapato Insurance Agency<br />
Ltd, an insurance intermediary based in Mombasa.<br />
He has also served as the Chairman of AKI Liaison<br />
Committee Mombasa Branch and is the Chairman of<br />
Seitomo Investments Ltd.<br />
Mr. Machuka is 41 years old and is the chairman of the<br />
newly formed Serena Residents Association in Mombasa<br />
where he has the responsibility of guiding the association<br />
to effectively address service delivery issues that affect its<br />
members.<br />
17.
through<br />
kara lens<br />
(R-L) Mr. Stephen Mutoro, CEO, <strong>Kara</strong>, Mr. Fred Machoka, Kitengela Residents<br />
Association, Hon. Franklin Bett, Minister for Roads and Mr. Kidenda, Director<br />
General, KENHA during a tour of Bamburi Cement diversion.<br />
<strong>Kara</strong> Launches a survey report on public procurement at<br />
Local Authorities on 19 th November 2010<br />
(L-R) Mayor Cllr. Fidelis Kimuyu, Municipal Council of<br />
Machakos, Mr. Stephen Mutoro, CEO, <strong>Kara</strong> and Hon. Dr.<br />
Victor Munyaka during a public forum on the New<br />
Constitution held on 26 th November 2010<br />
Mr. Hassan Omar Hassan at a <strong>Kara</strong> civic education forum<br />
on the New Constitution held on 10 th November 2010<br />
YES:- Participants raise their hands to ask questions at a<br />
previous BTS forum held on 29 th June 2010<br />
<strong>Kara</strong> CEO Mr. Stephen Mutoro plants a tree with the help<br />
of Friends of Karura official during the alliance<br />
anniversary celebrations at Karura forest.<br />
18.
security<br />
PS Kimemia:- <strong>Kenya</strong>’s security is intact<br />
With the various reform<br />
processes taking place to improve<br />
service delivery by security forces,<br />
<strong>Kenya</strong>ns have high hopes that they<br />
will be safer and be more proud of<br />
their security forces. <strong>Neighbourhood</strong><br />
<strong>Kenya</strong> interviewed Mr. Francis<br />
Kimemia, Permanent Secretary,<br />
Ministry of State for Provincial<br />
Administration and Internal Security.<br />
The following are the excerpts;<br />
Q. What in your opinion are the top five<br />
items of achievements on your score<br />
card as a Ministry What are some of<br />
the top challenges you have faced<br />
A. The fi ve top items of achievements on<br />
our score card as a Ministry are;-<br />
♦ Bringing services closer to our<br />
customers<br />
♦ Steering police reforms with a view to<br />
improving security, partnership with the<br />
public, the welfare of the police and general<br />
policing services<br />
♦ Cascading performance contracting to<br />
the lowest service unit<br />
♦ Peace building<br />
♦ Facilitating resettlement of IDPs<br />
However, it must be noted that as a Ministry,<br />
we have faced challenges that have<br />
affected our service delivery. The most<br />
notable challenges are;<br />
♦ Poverty – High levels of poverty among<br />
the population.<br />
♦ Unemployment. The high number of<br />
unemployed youth ends up engaging in<br />
crime.<br />
♦ Resource based confl icts especially in<br />
the Arid and Semi-Arid parts of the country<br />
where cattle rustling disrupt development<br />
activities.<br />
♦ Organized Crime The emergence of<br />
criminal gangs which disrupt the peace<br />
among <strong>Kenya</strong>ns and make investments<br />
costly as they create insecurity through<br />
activities such as extortion.<br />
♦ Negative ethnicity. After the 2007<br />
general election the country got polarized<br />
along ethnic lines more than ever before.<br />
Initiatives to heal the ethnic hatred have<br />
been put in place.<br />
♦ HIV/AIDs – This has impacted on health<br />
and lowered productivity especially among<br />
the youthful population.<br />
♦ Corruption poses serious challenges to<br />
development. It breeds ineffi ciency, leads<br />
to wastage and above all leads to high cost<br />
of doing business.<br />
♦ Terrorism – instability in neighbouring<br />
countries provides opportunity to extremist<br />
groups and fugitive to establish operation<br />
bases in the unstable countries and thus<br />
posing serious security threats.<br />
♦ Proliferation of Small Arms and Light<br />
Weapons.<br />
♦ Piracy along the Indian Ocean.<br />
♦ Infl ux of refugees from destabilized<br />
states.<br />
To address the challenges the Ministry is<br />
working on a programme to ensure;<br />
♦ A reformed, more responsive and<br />
effi cient public security sector.<br />
19.<br />
♦ An elaborate and intelligence led<br />
policing system.<br />
♦ A vibrant and active Community Based<br />
Policing System.<br />
♦ A comprehensive disaster<br />
preparedness and Early Warning<br />
Mechanism.<br />
♦ An enabling and secure environment<br />
for economic growth and development.<br />
Q. With the New Constitution in place<br />
what opportunities and challenges<br />
exists for the Ministry The security<br />
forces have a critical role to play in<br />
the actualization of the bill of rights.<br />
What measures are in place to ensure<br />
they fully understand their roles and<br />
effectively implement the provisions of<br />
the Constitution<br />
A. (i) Opportunities<br />
The constitution has come with the chance<br />
to reform the police services and provincial<br />
administration.<br />
(ii) Challenges<br />
Mr. Francis Kimemia<br />
♦ The challenges we face include<br />
inadequate resources (both fi nancial and<br />
human).<br />
♦ Insuffi cient information on reforms<br />
amongst public.<br />
♦ Public support to the policing services.
security<br />
PS Kimemia:- <strong>Kenya</strong><br />
♦ A program of sensitizing offi cers on the<br />
Bill of Rights has started. Already members<br />
of the Provincial Security and Intelligence<br />
Committees have been sensitized on the<br />
implementation of the Bill of Rights.<br />
♦ Other offi cers both in the <strong>Kenya</strong><br />
Police and Provincial Administration will<br />
be sensitized with a view to making them<br />
informed on the provisions of not only the<br />
Bill of Rights but also the entire constitution.<br />
Q. How will the New Constitution affect<br />
the mandate and/or recommendations<br />
of the Police Reforms Implementation<br />
Commission<br />
A. First, I seek to put the records straight.<br />
Although the National Task Force on Police<br />
Reforms (hereinafter referred to as the<br />
Ransley report) recommended a Police<br />
Reforms Implementation Commission, His<br />
Excellency the President established a<br />
Police Reforms Implementation Committee<br />
in its stead. Consequently, my comment<br />
will revolve around how the Constitution will<br />
affect the Mandate and Recommendations<br />
of the Committee and not the Commission<br />
as posed in your question.<br />
The functions on the said Committee<br />
include coordination, monitoring and<br />
supervision of the implementation of the<br />
reforms recommended in the Ransley<br />
Report.<br />
The Committee has just fi nished a<br />
fi eld monitoring exercise with a view of<br />
fi nding out the progress of implementation<br />
of police reforms. It shall write a report<br />
on the progress and make appropriate<br />
recommendations.<br />
How its mandate will be affected<br />
1. The Committee shall exercise this<br />
mandate until such date when the National<br />
Police Service Commission (established<br />
under article 246 of the Constitution) and<br />
the National Police Service (established<br />
under article 243 of the Constitution) shall<br />
be constituted.<br />
2. Although the Ransley report gives the<br />
Committee a maximum life of two years, the<br />
Fifth Schedule to the Constitution has given<br />
it a maximum of fi ve years for enactment of<br />
Legislation on the National Police Service<br />
Commission. However, it may come earlier.<br />
3. Needless to mention, the mandate<br />
shall be exercised within the confi nes of<br />
Constitution.<br />
How it will affect the recommendations<br />
of the implementation Committee<br />
Accordingly, the recommendations of the<br />
Implementation Committee shall be made<br />
within the purview of the provisions of the<br />
Constitution.<br />
♦ The New Constitution does not<br />
make any reference to Police Reform<br />
Implementation Commission. The<br />
Commission was proposed in the Ransley<br />
Task Force but because of the time<br />
needed to enact legislation to create it, the<br />
Government preferred an Administrative<br />
outfi t and Gazetted a Police Reforms<br />
Implementation Committee to perform the<br />
functions of the Commission.<br />
♦ The New Constitution provides for the<br />
offi ce of the Inspector General to exercise<br />
command of the National Police Service<br />
assisted by two deputies to be in charge of<br />
<strong>Kenya</strong> Police Service and Administration<br />
Police Service.<br />
♦ The implementation of other reform<br />
initiatives will not be affected in any way by<br />
the Constitution.<br />
The Ministry will partner<br />
with other stakeholders<br />
especially the media<br />
and neighbourhood<br />
organization to help<br />
Government in educating<br />
the public on the need to<br />
avoid heavy drinking and<br />
instead focus their energies<br />
on development.<br />
Q. How exactly is the Ministry prepared<br />
for the effective implementation of the<br />
Alcohol Drinks Control Act 2010<br />
A. The Act has been operationalized<br />
through Legal Notice No.188 of 22nd<br />
November, 2010. The Ministry is<br />
formulating District Alcoholic Drinks<br />
Regulation Committees to oversee the<br />
implementation of the Act in all the Districts.<br />
The Ministry is prepared to implement<br />
the Alcohol Drinks Control Act through;-<br />
♦ The District Liquor Licensing Courts<br />
which will educate the public on the<br />
provisions of the Act.<br />
♦ The Ministry is also preparing guidelines<br />
to guide the liquor licensing Courts, the<br />
Administrative offi cers (PCs, DCs, DOs,<br />
Chiefs and Assistant Chiefs) on the<br />
implementation process.<br />
♦ The Ministry will partner with other<br />
stakeholders especially the media and<br />
neighbourhood organization to help<br />
Government in educating the public on the<br />
need to avoid heavy drinking and instead<br />
focus their energies on development.<br />
Q. There has been (was) an uproar<br />
regarding a provision in the draft Private<br />
Security Industry Regulations Bill 2010<br />
requiring Private Security guards to be<br />
armed. In your view, is <strong>Kenya</strong> ready for<br />
such an eventuality And why<br />
The debate on The Private Security<br />
Industry Regulation Bill is healthy and<br />
important in a democracy. The final say, as<br />
a matter of course, lies with the Members of<br />
Parliament, when fi nally the Bill is tabled in<br />
Parliament.<br />
In my opinion, <strong>Kenya</strong> will be ready<br />
for armed Private Security Guards when<br />
legislation to regulate the operations of the<br />
industry and provide a legally enforceable<br />
professional standards and accountability<br />
is in place. Only after the industry has<br />
been streamlined during the currency<br />
of the intended legislation and after a<br />
comprehensive monitoring, assessment and<br />
evaluation is carried out should we begin<br />
to entertain the idea of arming guards with<br />
guns.<br />
20.
security<br />
’s security is intact<br />
Q. What in your view should be the<br />
role of resident associations in service<br />
delivery processes particularly regarding<br />
community policing How does your<br />
Ministry relate with and involve resident<br />
associations in its planning and service<br />
delivery<br />
A. Community policing is, in essence<br />
partnership between the Police and the<br />
Community that identifi es and solves<br />
problems. All members of the community<br />
become active allies in the effort to enhance<br />
the safety and quality of neighborhoods.<br />
Possible role of KARA<br />
The <strong>Kenya</strong> Alliance of Resident<br />
Associations (KARA) has got a vital role to<br />
play in service delivery processes.<br />
♦ They have to take time to create<br />
awareness among their members and<br />
the community by breaking barriers of<br />
apathy and mistrust of the police so that<br />
meaningful partnerships can be forged.<br />
Trust is the value that underlies and links<br />
the components of community partnership<br />
and problem solving. A foundation of trust<br />
will allow police to form close relationships<br />
with the community that will produce solid<br />
achievements. Without trust between police<br />
and citizens effective policing is impossible.<br />
♦ They are better placed in educating the<br />
communities the need of taking a unified<br />
stand against crime, violence and disregard<br />
for the law, and must make a commitment<br />
to increasing crime-prevention and<br />
intervention activities. Community policing<br />
can play a primary role in changing the way<br />
all government services are provided at the<br />
community level.<br />
♦ They have to ensure that the community<br />
members trust that the police are genuinely<br />
interested in community perspectives and<br />
problems and that is when they will begin to<br />
view the police as part of that community by<br />
building bridges.<br />
New formal structure/opportunities for<br />
Associations to engage in Community<br />
Policing<br />
♦ The draft National Police Service Bill<br />
has provided for Community Policing<br />
Forums and committees in Part X, where<br />
by its functions and objectives are well<br />
provided for. Community policing levels<br />
and structure has been developed at all<br />
administrative level.<br />
County Policing Authority<br />
♦ There is established a county Policing<br />
Authority in the draft National Police Service<br />
Bill which will ensure police accountability to<br />
the Public, and ensure compliance with the<br />
national policing standards.<br />
notice board<br />
19 Nov - <strong>Kara</strong>, USAID launch of research report on Local<br />
Authorities procurement<br />
25 Nov - 2 days <strong>Kara</strong>, Uraia training workshop on new<br />
constitution in Machakos<br />
26 Nov - <strong>Kara</strong>, Uraia Town Hall Forum on new constitution in<br />
Machakos<br />
07 Dec - <strong>Kara</strong> Governing Council Meeting<br />
07 Dec - Mombasa Procurement Watch Action Groups Meeting<br />
08 Dec - Vetting and Establishment of ProWag in Mombasa<br />
08 Dec - Mombasa Training Workshop on Public Procurement<br />
10 Dec - KARA/USAID Town Hall Forum on Public Procurement<br />
in Mombasa<br />
15 Dec - <strong>Kara</strong>, NACC meeting of CBO’s and legal aid/Microfi nanciers<br />
in Kakamega<br />
15 Dec - <strong>Kara</strong>, NACC public forum on HIV/AIDS & human rights in<br />
Kakamega<br />
16 Dec - <strong>Kara</strong>, NACC training workshop on HIV/AIDS and human<br />
rights in Bungoma<br />
16 Dec - <strong>Kara</strong>, NACC meeting of CBO’s and legal aid/Microfi nanciers<br />
in Bungoma<br />
17 Dec - <strong>Kara</strong>, NACC public forum on HIV/AIDS & human rights in<br />
Kakamega<br />
22 Dec - Annual <strong>Kara</strong>/Media event<br />
20 Jan - Delegation to Rwanda - 1st NSA Dialogue Forum on<br />
Devolution<br />
14 Dec - <strong>Kara</strong>, NACC training workshop on HIV/AIDS & Human<br />
Rights - Kakamega<br />
21.
NEWS<br />
<strong>Kara</strong> Chairman Appointed to<br />
National Environment Council<br />
<strong>Kara</strong> Chairman, Andrew<br />
Enniskillen<br />
<strong>Kara</strong> Chairman, Andrew<br />
Enniskillen has been appointed<br />
to the National Environment<br />
Council for a period of three years with<br />
effect from 1st December 2010. The<br />
appointment was made by the Minister<br />
for Environment and Mineral Resources<br />
through a gazette notice dated 10th<br />
November, 2010.<br />
The Council, which will be chaired<br />
by Dr. Jane W. Wamuongo is mandated<br />
to formulate environmental policies<br />
and direction, set national goals and<br />
objectives and determine policies<br />
and priorities for the protection of the<br />
environment; promote cooperation among<br />
public departments, local authorities, private<br />
sector, non-governmental organizations<br />
and such other organizations engaged in<br />
environmental protection programmes.<br />
Other members of the council include<br />
Wanjiku Manyara, Suresh Patel, Dr. George<br />
Gitau Wainaina, Grace Akumu, Dr. John N.<br />
Muriuki, Dr. Enock Wakwabi, Prof. Walter<br />
Odhiambo Oyawa and Albert Kamau.<br />
We congratulate the team for the<br />
appointment and expect that they will<br />
effectively fulfi ll their mandate and make<br />
positive impact on the environment sector.<br />
Impressive <strong>Kara</strong> FC shuts up<br />
Bunge FC in anniversary match<br />
During the celebration of <strong>Kara</strong>’s 10th<br />
Anniversary, the newly formed <strong>Kara</strong><br />
FC blanked Bunge (Parliament) FC<br />
3-1 in a football match attended by among<br />
others the Sports Minister Dr. Paul Otuoma.<br />
Hatibu Ibrahim broke the deadlock<br />
before Joseph Itotia added a second from<br />
a 2-0 lead at the breather in favour<br />
of <strong>Kara</strong> FC which enjoyed the<br />
services of ex-Reunion players<br />
captain Edward Kiiza, Swaleh<br />
Ochieng, and Fred Omara.<br />
Ken Angwa pulled<br />
one back for the<br />
parliamentarians before<br />
Pius Ngugi put the<br />
matter beyond the<br />
legislators at the<br />
stroke of full time.<br />
However, matters<br />
were different in<br />
the women match,<br />
as Cecilia Wasilwa<br />
scored in each half<br />
for Bunge FC for a<br />
convincing 2-0 win<br />
against <strong>Kara</strong> FC.<br />
Turkana Central MP<br />
Ekwee Ethuro praised <strong>Kara</strong><br />
for inviting them for the match<br />
saying their participation in this kind<br />
of matches fosters good relationship<br />
between legislators and their constituents.<br />
Among other MPs who played were Dr.<br />
Victor Munyaka, Mr. Gabbow, Mr. Nyamai,<br />
Mr. Koech and Sports Assistant Minister<br />
Mr. Kabando wa Kabando.The lively<br />
commentator for the match was Citizen<br />
Radio’s popular program Rogaroga host Mr.<br />
Fred Obachi Machoka. The players, media<br />
and other invited guests were treated to a<br />
cocktail, after the match, at the Stadium’s<br />
VIP Lounge.<br />
Premium digital media entertainment<br />
providers, MultiChoice, were the bronze<br />
category sponsors of the match.<br />
MultiChoice supported the event by<br />
availing two colourful trophies for<br />
the winners and runners up.<br />
MultiChoice extended<br />
publicity on the channels<br />
Supersport Blitz and Simba<br />
Soccer for the <strong>Kara</strong><br />
10thanniversary event.<br />
Multichoice <strong>Kenya</strong><br />
General Manager<br />
Stephen Isaboke said.<br />
“We congratulate <strong>Kara</strong><br />
on its 10thanniversary<br />
and may you grow from<br />
strength to strength into<br />
the future”.<br />
<strong>Kara</strong> CEO Mr. Stephen<br />
Mutoro announced that <strong>Kara</strong><br />
FC will re-group soon to play<br />
against a media combined side as<br />
well as angle itself for the competitive<br />
national league.<br />
22.
through XXXXXXXX PROFILE<br />
kara lens<br />
(L-R) H.E Mr. Michael Ranneberger, USA Ambassador<br />
to <strong>Kenya</strong>, Mr. Ali Dawood, PS, ME&MR and Mr. Stephen<br />
Mutoro, CEO, KARA. Behind them is <strong>Kara</strong> chairman<br />
Andrew Enniskillen (black t-shirt) and GC member Mr. John<br />
Musyoka-Annan<br />
<strong>Kenya</strong> Institute of Governance Director Dr. Mukhisa Kituyi<br />
addresses a gathering during a <strong>Kara</strong> forum in Naivasha<br />
Town on 18 th November 2010<br />
Participants at the Nakuru Procurement Watch Action Group (ProWAGS)<br />
training workshop on public procurement held on 22 nd November 2010<br />
Sports Assistant Minister Hon. Kabando wa Kabando (with Mic)<br />
addresses <strong>Kara</strong> FC and Bunge FC players at Nyayo National Stadium<br />
LOSERS AND WINNERS:<br />
<strong>Kara</strong> FC, Bunge FC team players and officials before the 10th Anniversary<br />
Match<br />
23.