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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.

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