Items by admin

Postscript

• Merry Christmas!

  Posted: December 15, 2011, 4:04 pm by admin

  Christians all over Africa join the world in celebrating the birth of Jesus. Waci (WAH-chee) Christians in Togo and Benin will also celebrate. Here are the lyrics from one of their Christmas songs written and performed in the Gazo music style: Nyagblýdilawo gblýÿ dadi lo xo xo ögbe dovi nye Jesu Si ÷gbe Mawu do na dzidzi Nyagblýdilawo gblýÿ di Evame le [...]
  
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mzalendo :: Eye On Kenyan Parliament

• Mzalendo Vox Pop: A doctor’s perspective on the strike / linda afya

  Posted: December 14, 2011, 4:11 pm by admin

  
  
  

  Below is a guest post by Dr. Peter Mburu.   What are your thoughts?  Let us know via the comments or email your response to info-at-mzalendo.com blog

  I just got home from a long day at a privately owned and run hospital in Nairobi where I am a doctor. I am sitting watching the news of the doctors’ strike for the umpteenth time, images of young people in white coats walking peacefully, displaying placards and chanting – they are my colleagues in the public sector. In the background, the voice of the reporter repeating how the doctors want a 300% pay rise over and over. That mesmerizing figure – 300%.

  I try to imagine being an ordinary Kenyan, listening to this and wonder what I would think of the action by doctors to abandon their posts leaving desperately ill patients in hospital wards across the country just because they want to make more money. I am a little crestfallen but I remember that that is not all the striking doctors are asking for.

  I think of the 13-point petition submitted to the Ministries of Medical Services and Finance, the offices of the President and Prime Minister and even Parliament. Only 2 points mention remuneration of healthcare workers (not just doctors but Pharmacists, Dentists and Clinical Officers are also included). No mention of the other 11 items on the petition submitted to the government as reason for this strike action seems to reach the ears and eyes of the watching public. I think of all the things I have been reading on social media. People, mostly young middle-class professionals, asking why doctors think they deserve all that money. The money thing again! How we are creating a culture of wage-beggars and unnecessary industrial actions. Don’t other professionals work just as hard, if not harder serving the public? And aren’t government employees generally poorly paid? What makes them so special?

  What makes us special? Well, over generations, yes generations, healthcare workers have worked and continue to work in atrocious conditions without complaint and largely, without regard to our own safety. We have worked unacceptably long hours for years due to understaffing! We do not have a decent medical plan being exposed to all manner of risks. We have suffered through everything from poorly stocked drug stores, constantly broken down operating room and laboratory equipment, lack of basic amenities like gloves to poorly maintained hospitals and everything in between. It is demoralizing when you cannot offer the best available care to those who deserve it. It is worse when you cannot offer medical care to your own loved ones when they need it!

  It’s outrageous when the public, majority of who cannot afford insurance or to go to private doctors or institutions like the one I work in, suffer needlessly due to cuts in healthcare funding each passing year. They don’t get the benefit of having complete work-ups and/or appropriate treatments. It’s unacceptable to send a patient’s relative outside the hospital to buy basic medications that should be available in hospital. They don’t have the benefit of basic and prompt surgical care. They do not have the benefits of care from well-trained specialists, most of who flock the major cities or go abroad seeking better opportunities. They don’t have the benefit of health education because there aren’t enough healthcare workers to go around. The tax-paying population deserves all that.

  In the past, the government had a program to train post-graduates in the two public teaching hospitals but over the years there has been a steady decline in the funding for this program. In the last few years, there has even been a hushed rumour of memos circulating with talk of shutting down the program completely – for post-graduate doctors to continue to fund their own education by working in these hospitals without pay and somehow also fend for families. Never mind that the old program had numerous flaws like mandatory bonding to public service for years for poor pay, pre-requisites of X number of years served in public hospitals before enrolment and hindrances in registration as specialists once one has completed training.

  Through all this, the system has still managed to churn out reasonably well-qualified, professional individuals –mostly because they have to adapt to those horrid conditions and improvise as best as they can. The varied improvisational skills have made for good ‘war stories’ whenever two or three doctors have gathered, we all beam at our triumphs despite the challenges. We reminisce good outcomes. We speak sadly of the ones who didn’t make it despite our best efforts. Many have gone beyond the call of duty and continued to uphold the Hippocratic Oath; the same oath now thrown in our faces as some sort of guilt-trip by the media, politicians and even some of the public we have long suffered for. Many have questioned the morality and ethicality of this strike. We have been scorned and told off for “taking too quickly to the streets”. No one mentions the past year when every effort to engage the government has borne nothing. No one mentions the apathy that the middle-class and the rich, who can afford insurance, hold towards their fellow Kenyans who can’t and who are the most affected by the ailing system. No one mentions that while this strike action is on-going, doctors have also been raising funds for one of us who is admitted at the National Hospital but cannot afford in-patient care.

  No one thinks it was enough that we had years of quarrelling and discussions amongst ourselves about what should be different. But we have generations, yes generations, of firsthand experience and knowledge of what is wrong with the system and what needs to be done to fix it. And the time has come for that change.

• Mzalendo Vox Pop: Anon from Kitutu Chache

  Posted: December 7, 2011, 4:34 pm by admin

  
  
  

  Mzalendo Vox Pop is a feature where we open up our blog to our readers to share their views on their constituency or on matters related to Parliament.

  Background: I hail from Kitutu Chache and my MP is Richard Onyonka. There are several issues ranging from misuse of CDF fund, s to education and the most urgent and dear to me is the electrification  programme that came in the name of Umeme pamoja.

  Challenges in my constituency: My MP should realise that people  in Kitutu Chache do not get huge allowances, salaries etc.  just like the MPs do and not pay their taxes.  They wake up and go to work rain or shine and pay their taxes while trying to achieve their dreams such as pay KPLC to electrify their villages and to most it has been a disaster, and this is where the Mp should stand up and voice this concern because as far as i am concerned the citizens money has earned enough interest for KPLC now is time to do the right thing.

  Has your MP been effective? As for how effective he is let us be honest people we should realise that our elected officials are not Jesus so they cannot be solving every issue, but they should voice it, try to encourage people to help themselves, be reachable by the people and not hide to most but a few.

  Would you vote for your MP again? I can not comment on whether i will support him or not for the next elections, because i have not heard from the opponents nor seen any that really gets in there to serve the people, because they come sugar coated and quickly forget what they said and wait for 5yrs to come and milk again.But one thing i am sure is, voting is my civic right and i will fulfill it because  nothing satsfies and makes me  a proud Kenyan as that.

Postscript

• Social Media Christmas

  Posted: December 2, 2011, 9:44 am by admin

  This was just for fun. Read the real account of Jesus’s birth from the Bible in the book of Luke and another account in the book of Mathew. Other Posts You Might Like:Merry Christmas! We'd like to give our special thanks to everyone who ...Reshaping Western views of Africa I came across three interesting and provocative videos that [...]
  
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• Setting up a network in Tanzania

  Posted: November 25, 2011, 7:03 pm by admin

  For two weeks, Jeff was in Musoma, Tanzania, a town on the eastern side of Lake Victoria. Nine translations, the Mara Cluster, are being done in this location.  The construction of the building was completed about six months ago, but they hadn’t moved in yet because the computer network wasn’t set up.  They asked Jeff [...]
  
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• Praying for DRC

  Posted: November 20, 2011, 2:24 pm by admin

  DR Congo Poll: What You Need to Know Click here if you cannot view the video above. On November 28 the people of the Democratic Republic of Congo (DRC) will have an election for president and members of parliament. This recent prayer item was posted on a Wycliffe web site: Pray for God’s hand to clearly be seen in [...]
  
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The Lily Review

• Ask Lily: Anger Management Classes

  Posted: November 14, 2011, 10:34 am by admin

  Hi,

  I have anger issues and it makes things really hard for me and my husband. Am scared, I try ways to get away from it like telling him to talk to me later but he goes on and that ticks me off. And I end up doing things that sometimes I don’t even remember I did.

  Please let me know where i can go for anger management classes.

  Rachel
  You might also like:

  • Anger Management

  
  

Postscript

• Scripture Access Stats

  Posted: November 8, 2011, 3:27 pm by admin

  This reminds us why we do what we do… See more information on Scripture access statistics for the last year Other Posts You Might Like:Remembering a Life Well Lived We were able to get home for my dad's funeral ...Francophone Initiative More people in Africa speak French than anywhere else in ...Hell’s Gate Hell's Gate is a [...]
  
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• Is persecution good?

  Posted: November 2, 2011, 7:37 pm by admin

  Photo by Adam Jeske Story by Adam Jeske Is persecution good for Christians?” Alemayehu mused. The silence that followed suggested the question was all too real for him as he remembered the days of communism in Ethiopia. The Communist government, known as the Derg, barred churches, which included most evangelical churches, and harassed and mistreated many Christians during [...]
  
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mzalendo :: Eye On Kenyan Parliament

• Kazi Kwa Vijana Scandal

  Posted: October 28, 2011, 2:51 am by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa

  It seems the phrase commonly used to describe the Kazi kwa Vijana (KKV) Project, “Kazi kwa Vijana, Pesa kwa Wazee” holds a lot of water. On Sunday this week, the papers revealed large-scale misappropriation of funds intended for the KKV project. The KKV project, launched in 2009, was intended to create employment for 200,000-300,000 Kenyans primarily youth at risk of hunger and starvation. A noble endeavour seeing as of the country’s 40% unemployment rate, youth unemployment constitutes 64%.

  The KKV project falls under the Office of the Prime Minister and is heavily financed by the World Bank. Of the 4.3 billion shillings allocated to the project the World Bank has disbursed 971 million shillings to the government through the Office of the Prime Minister.  In June and July this year the World Bank’s financial management team conducted a review of all the project’s implementing agencies; the Office of the Prime Minister, the Ministry of Youth Affairs, and Kenya Private Sector Alliance. The audit covered the period since project’s inception in 2009 to August 31, 2011. In the process the World Bank’s financial management team uncovered:

  • Weaknesses in the internal control procedures
  • Improper payment procedures
  • Transactions carried out without regard to policies and procedures
  • Irregular transactions in breach of legal agreements
  • Expenditures unrelated to the project

  A few examples of the above include:

  • The hiring of the Deputy Permanent Secretary in the office of the Prime Minister as the Director of Policy for the project. A role for which she received an enhanced salary and a top-up allowance while still on a government salary.
  • Ministry employees were paid sitting and meal allowances for activities that had nothing to do with the project.
  • Payments were made to participants of a National Youth Conference in Nairobi the audit report reveals that the conference never took place.
  • Though the financing agreement does not provide for payment of operating costs 80 million shillings was granted as government counterpart funds to meet operating costs, however the money was not used on the project. Furthermore, the auditors were unable to gain access to documentation showing how the funds were used.

  These examples are just the tip of the iceberg, the preliminary audit report details several other instances of misappropriation and mismanagement of funds, unaccounted for funds, and flouting of policy and procedure. It’s hardly surprising that the World Bank has termed the KKV project, high risk and vulnerable to graft, and is demanding a refund of the 971 million shillings already disbursed for the project.

  In a statement issued to the press regarding the misappropriation of KKV funds, Dr Mohammed Isahakia Permanent Secretary in the Office of the Prime Minister declared, “Some monies may have been used for purpose that were not consistent with KKV’s objectives or World Bank policies. It does not necessarily mean monies were stolen.”

  Given the Prime Minister’s valiant calls for political accountability for graft in the past and the magnitude of the graft it is surprising that there has been no official statement from the Prime Minister himself considering that it is his Office that hosts the KKV project and he is the chair of KKV National steering committee.

Postscript

• The Bible is My Life

  Posted: October 27, 2011, 11:08 am by admin

  In 1984, Communist leaders in Ethiopia told a Christian named Dereje Tilahun to leave his job as a land surveyor and begin work as a political cadre (communist activist) within the Communist government. “I said, ‘No.  You are atheist. I believe in God, so how can I join with you?’” he explained. “We had to speak [...]
  
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• Partners in Translation

  Posted: October 24, 2011, 2:00 pm by admin

  Dr. Haileyesus Engedashet and Dr. Daniel Hankore are both Bible translation consultants in Ethiopia. Photo by Adam Jeske “Dir biabir anbesa yasir.” “If all the spiders work together to make a web, they can capture a lion.” -Ethiopian proverb At first glance, Dr. Daniel Hankore and Dr. Haileyesus Engedashet may seem like unlikely partners in Bible translation work. They [...]
  
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mzalendo :: Eye On Kenyan Parliament

• On the Incursion into Somalia

  Posted: October 21, 2011, 10:33 pm by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa

  Call it what you will an incursion, an invasion, the pursuit of kidnappers, a military offensive against a terrorist group – Kenya’s operation in Somalia has dominated our collective consciousness over the past week.

  What initially started out as pursuit of kidnappers seems to have turned out to be a much more ambitious project – an operation involving thousands of Kenyan troops targeted at routing out Al Shabaab. According to government spokesperson Alfred Mutua, the government aims to “track down and dismantle the Al-Shabaab.”

  On Sunday, 16.10.11, Kenyan troops crossed the border into Somalia, in pursuit of the Al Shabaab.   On Wednesday, 19.10.11, the military spokesperson announced that the government had killed 70+ Al Shabaab rebels and captured three towns.  In return Al Shabaab threatened reprisals unless Kenyan troops immediately withdraw from Somalia.

  Meanwhile, the Assistant Minister for Internal Security Orwa Ojodeh has proposed security measures that involve:

  • Restricting chartered flights to and from North-eastern Province,
  • Screening of all buses and flights headed to and coming from regions bordering Somalia
  • Vetting and identification of all passengers on such flights or buses
  • Clearance certification for flights headed to and coming from North Eastern, Upper Eastern, Upper Rift Valley and Northern Coast to be obtained from the police

  The Assistant Minister has stated that that in the coming week the mother of all operations will be carried out in Eastleigh.  His exact words, ‘This (the Al Shabaab issue) is like a big animal, the tail in Somalia, and the head of the animal is hidden here in Eastleigh…After the Somalia thing is over, I am going to do a mother of all operations here in Nairobi to remove all Al Shabaab and Al Qaeda.”

  It’s difficult to estimate the social the impact and the unintended consequences of the incursion as yet.  The Al Shabaab threat looms heavy.  MPs Aden Duale, Hussien Ali, Aden Keynan, Mohamed Affey, and Bonny Khalwale have already pointed out the likelihood of the new security measures being used to discriminate against Kenyans of Somali descent.

  There is also the financial cost of the operation.  An article in the Business Daily estimates that the cost of maintaining a soldier  in the battlefield is 7,000 Kshs a day and that the country could end up spending 210 million Kshs per month.   The Treasury has also announced possible spending cuts to fund the operation.

  While we all support our Kenyan troops among the public two distinct schools on thoughts on the operation have emerged some stating that such action is long over due, while others are vehemently opposed on the basis that such an operation an against a guerrilla group is counter-productive?

  Your thoughts?

Postscript

• Ten books to read to learn more about Africa

  Posted: October 21, 2011, 7:17 pm by admin

  If you’ve ever wanted to learn more about Africa but weren’t sure where to begin, I recommend 10 books from a variety of genres to help you get started. Christian Perspectives Africa Bible Commentary: More than 70 different African theologians have contributed to this reference book. It can be a great tool to use while doing personal [...]
  
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• Six things to have with you on trips in Africa

  Posted: October 19, 2011, 12:30 pm by admin

  Here’s a list of six of things you may not think of that I suggest you have with you on a trip to most sub-Saharan African countries: Passport photos: I always carry at least four passport photos with me.  You  may need these for any number of things–a visa application, a government permit you didn’t know [...]
  
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• Dynamics of language use

  Posted: October 17, 2011, 4:00 pm by admin

  other African languages Afrikaans Arabic English French Portuguese Spanish Swahili This map shows the official languages of the countries in Africa. I used to think that a national or official language of a country was the language that everyone in that country knew.  What I’ve learned since I started working for Wycliffe is that the reality [...]
  
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mzalendo :: Eye On Kenyan Parliament

• The Public’s View of Progress of Constitutional Implementation?

  Posted: October 16, 2011, 1:40 am by admin

  
  
  

  By  Mzalendo Contributor – Moreen Majiwa

  The promulgation of the new constitution is probably the coalition government’s greatest achievement. However actual implementation of the constitution, hasn’t all been plain sailing. The debate on how provisions of the constitution are to be realised seems to intensify at every stage implementation.

  So far the negotiation on implementation of the constitution has occurred mostly between government organs e.g. parliament, the executive, commissions etc. Despite explicit constitutional provisions for public participation, the public has only been involved in a limited way in the constitution’s implementation.

  That is part of the reason the Kenya National Dialogue and Reconciliation (KNDR) Monitoring Project is so interesting. The project has surveyed 2000 Kenyans to find out their thoughts on constitutional implementation, electoral reforms, and the legacy of post election violence. The results of the survey have been released as part of a review report on the Progress in Implementation of the Constitution and Other reforms. The results of the survey are an interesting indicator of what everyday people think about the ongoing reforms.

  • With regards to satisfaction with the progress made on implementing the constitution 52% of the survey respondents stated they were either very satisfied or satisfied, while 37% stated are either not satisfied or very dissatisfied.
  • When asked whether they had observed any change in the country since the promulgation of the constitution 44% of the respondents stated they had witnessed no change at all, while 53% respondents replied that their had been change. The biggest change areas were identified as being the public vetting of office bearers, judicial reform, and checking of executive powers. Areas of low change were in delivery of public services, education, reduction in corruption, MPs paying taxes, and delivery of security.
  • Survey participants identified the main roadblocks to implementation of the constitution as being divisions among politicians (65%), 2012 campaigns (19%), lack of resources (14%), and implementation of the 1/3 gender representation rule (7%). Interestingly according to the survey issues that one would think would be major impediments to constitutional implementation are not seen as such. According to the survey only 2% of respondents cited corruption among politicians, lack of commitment by government, and selfish interests among politicians as issues likely to impede implementation of the constitution.

  Overall the survey finds the view of the public on the progress of constitutional implementation seems to be favourable, the report finds that the legal and institutional framework for implementation is in place and implementation is on track. The flip side is that the report also finds that though constitutional implementation is taking place, it is marked by legal and policy gaps, poor co-ordination between actors, vested interests, and poor drafting of legislation.

Postscript

• Nighttime Traffic in Benin

  Posted: October 14, 2011, 11:39 am by admin

  I took this short video from the hotel where I stayed for several days while I was in Cotonou, Benin in August.  You’ll notice that there are a lot of motorbikes on the road.  This is one of the most popular means of transport.  The motorbike taxis, called Zemijans, will take you just about any [...]
  
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mzalendo :: Eye On Kenyan Parliament

• “Errors” of Government Printer

  Posted: October 13, 2011, 12:45 am by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa

  MPs Danson Mugatana, Martha Karua, and Olago Aluoch have called for an investigation into the Government Printer and employees of Parliament for a crucial error in the publication of the Elections Act 2011. The section in question is Article 34 (9) of the Act.

  The misprint of the Act reads, “The party list may not contain a name of any Presidential or Deputy Presidential Candidate nominated for an election under this Act.”  While the actual draft bill reads, “The party list shall not contain a name of any candidate nominated for an election under this act.”

  The correct version and the misprint are so substantially different in wording, meaning and intent it’s hard to believe that this is a simple mistake. And it is not the first time the Government Printer has made substantive errors in crucial legislation.

  • There was the incident of the ‘misprint’ in the constitution, while still in draft form. A misprint was one that effectively suspended whole Bill Rights i.e. the most progressive and revolutionary part of the constitution. The Government Printer later apologised for the error.
  • There was the incident when the Government Printer failed to publish the list of the constituencies that contained the names 80 new constituencies created under the new constitution.
  • There was the incident where the Government Printer was summoned before parliament to explain the delay in the publishing of the Independent Electoral Boundaries Commission Bill.

  If errors or delays in printing had only happened once, or the errors did not keep happening in the publication of crucial bills/acts, or if the errors did not substantially alter the meaning and intention of said legislation, then maybe the bills could be written of as instances of human error.

  However the number and type of incidents of errors, misprints or delays in publications of legislation, and the laws in which the errors occur (the errors and delays have not occurred in just any laws – errors or delays have occurred in the constitution, and the Independent Electoral Boundaries Commission Bill and the Elections Act) make a sound basis for investigations into the Government Printer.

  Given the number of laws to be passed in the new dispensation can we really afford to have a sloppy Government Printer?

Postscript

• Which side?

  Posted: October 12, 2011, 12:03 pm by admin

  When we moved to Kenya in 2009, one of the challenges was learning to drive on the left.  The most difficult parts of that transition were learning to feel the edge of the road and remembering to pick the correct lane when turning onto new roads. It’s a skill we were thankful to have already [...]
  
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mzalendo :: Eye On Kenyan Parliament

• National Intelligence Service Bill

  Posted: October 10, 2011, 1:55 am by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa

  If anyone thought there was going to be a change in the way the country’s intelligence service is run in the new dispensation they should think again. Yes, there are new and progressive provisions in the National Intelligence Service Bill 2011 e.g. the requirement that the director general meet the leadership and integrity standards set out in Chapter 6 of the constitution, and that the appointment of the director general be subject to parliamentary approval.

  However,  despite these provisions there are several ways in which the bill is retrogressive.   First in its development, unlike other bills the National Intelligence Service Bill 2011 did not go through a process of Cabinet approval.  The bill originated from the National Security Intelligence Service (NSIS) and went straight to the Constitution Implementation Commission (CIC),  by-passing the Cabinet  and scrutiny by that body.   In fact,  the Assistant Internal Security Minister Orwa Ojode recently stated that his Ministry, the Ministry of Internal Security, had not even received the bill. He stated however that the Cabinet could not interfere with matters of defence and security. It seems like a bit of a paradox that the Ministry of Internal Security  ”cannot interfere with matters of defence and security.”  And while NSIS is probably best placed to draft a bill on intelligence and security services what happened to consultative processes required under the new constitution?

  The second major issue with the bill is oversight of the NSIS, who will provide it and how. The Bill proposes that a “Parliamentary Intelligence Oversight Committee consisting of Members of the National Assembly” provide oversight.  The committee is intended to exercise oversight over the administration, expenditure and policy of the intelligence services. So far so good, except for the fact that the members of the committee will be vetted chosen by the very service for which they are supposed to provide oversight.   The Bill also explicitly provides that “the Committee shall conduct its functions within a ring of secrecy” and that “no member of the Committee may disclose any information or document gained by him in the performance of his functions.” There’s no denying there is need for secrecy in the intelligence services, but in administrative and policy issues?  Furthermore,  what is the point of an oversight body if its “functions are conducted in a ring of secrecy”  how will one tell whether they are indeed performing their oversight role or not?

  Then there is the issue of the civil liberties, particularly freedom of speech, access to information, freedom of association, and the right to privacy and the bill has provisions lead to infringement on these rights. For instance, the Bill allows the NSIS to obtain “any information, material, record, document or thing and for that purpose enter any place, or obtain access to anything, search for or remove or return, examine, take extracts from, make copies of or record in any other manner the information, material, record, document or thing” the bill also allows the service to “monitor electromagnetic, acoustic and other emissions and any equipment producing such emissions and to obtain any information derived from or related to such emissions, equipment or encrypted material’ i.e. mobile phones and Internet.”  It can do so without warrant in “extreme emergency or existence of exceptional circumstances” and for reasons of national security.  Of course the definitions for extreme emergency, exceptional circumstance and national are adequately vague that they may cover any series of circumstances. I’m not saying that the NSIS will misuse the powers and privileges accorded to it in the NSIS Bill.  However given the history of the country’s intelligence services it is a bit of a leap of faith to think that such powers will never be abused.

Postscript

• Fill me up

  Posted: October 10, 2011, 4:54 pm by admin

  So what’s in those big glass bottles?  Take a guess. OK, one clue…this is in Cotonou, Benin, West Africa. Still don’t know what this is? Let’s zoom out. Here’s another clue…the stuff in these bottles makes vehicles go. Guessed it, yet? … It’s gasoline (petrol) at one of the many informal gas stations that you can find around Cotonou and in many...
  
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mzalendo :: Eye On Kenyan Parliament

• Are Policy Makers Doing Enough?

  Posted: October 8, 2011, 1:13 pm by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa

  • The Kenyan Shilling has fallen 25% percent against the dollar since January
  • Inflation is up by 17.1%
  • Food inflation is up by 24.4%
  • Transport inflation is up 24.8%
  • Economic Growth slowed to 4.1%
  • KPLC has raised the price of electricity per unit

  You’d be hard pressed to find a Kenyan on the street that would say they have not been affected by the food costs, fuel costs, or the general cost of doing business.   Yes,  there are external factors that have affected the value of the shilling – the Euro zone crisis, persistent drought in the region, volatile oil prices etc. However internal factors i.e. the effect of poor policy, planning and practice are also to blame for the declining value of shilling. An article in the Nation names the Ministries of Industrialisation, Agriculture, Energy, Trade, Tourism, Planning and Vision 2030 and the Kenyan Consumer playing a large part in where we are economically.

  The policy makers’ response? Parliament’s Finance, Planning and Trade Committee has proposed the government attempt to obtain ‘emergency balance of payment support from the International Monetary Fund and other development partners.’ According to the committee’s head, Nambale MP Chris Okemo, ‘this is the only way to stem the excess volatility between the shilling and the other currencies’.

  The committee has also summoned the Central Bank Governor seeking an explanation for the rapid decline of the value of the shilling. In September President Kibaki assented to the Price Control (Essential Goods) Bill. The Act allows the government to set maximum prices on essential goods i.e. maize flour, cooking oil, sugar etc. The 2011/2012 Budget proposed the removal of excise duty kerosene, and essential goods. I’m yet to see and or hear anyone speaking of the benefits of these either of these measures. The President has reached out to the International Monetary Fund for financial aid. The Prime Minister has set up a committee to ‘save the shilling’. The committee formed this month is comprised of officials from the Office of the President, the Treasury, Central Bank of Kenya, the Ministry of Planning and private sector executives. The Parliamentary Committee on the Budget headed by MP Elias Mbau is seeking a 30 billion shilling economic stimulus package to cushion the poor against the effect of inflation and the falling shilling. The MP has suggested that the 30 billion shilling cash injection be raised through a ban on non-essential travel by public officers overseas (yes please), and additional taxes for the rich and sectors with high margins. I wonder if this plan includes having MPs remit their taxes in full. The Central Bank of Kenya seems to be more cautious in its limited interventions seeming to prefer to wait and see if the market will self-correct.

  The thing is a lot of these interventions have occurred in the last two months despite the fact that problem seems to have become noticeable in January 2011 and probably started way before. Are the interventions adequate or is this a case of too little too late? Is the government doing enough to rectify the situation?

• On The Minimum Education Requirement for Elective Posts

  Posted: October 4, 2011, 3:38 am by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  The Election Act, which governs the conduct of elections, is one of a slew of bills passed in late August this year. The Act has provisions in it that effectively bar candidates without a post-high school diploma or degree from running for elective positions.

  Article 22 (1) (b) states ‘a person may be nominated as a candidate for election under this Act only if that person holds a post secondary school qualification.’ Article 22 (2) states ‘a person may be nominated as a candidate for election as President, Deputy President, county governor or deputy county governor only if the person is a holder of a degree from a university recognised in Kenya’.

  This week two petitioners have received permission to file a high court case against the Attorney General, the Minister of Justice, and the yet to be formed Independent Electoral and Boundaries Commission to have the provisions requiring candidates standing for elective positions to have post secondary school qualifications suspended and eventually removed from the Elections Act.

  The basis of their case is that the provisions on minimum educational requirements are discriminatory. That the provisions fail to take into account injustices and structural inequalities that have left many in the rural areas educationally disadvantaged. The petitioners claim that it is unfair for the government to enact a law that places a minimum educational requirement on prospective election candidates without providing corresponding facilities to give said education.

  Mithika Linturi, MP for Igembe South constituency, made a similar argument in an article he wrote in the one of the papers last week. In the article he states the provisions on minimum educational requirement for prospective election candidates are ‘manifestly unreasonable’ and ‘severely curtail the democratic rights and freedoms of Kenyans to elect leaders of their choice.’  He also states that the provisions are in breach of the constitutional principle of equality articulated in Article 10 of constitution. He also made the argument that good leadership is not the preserve of the educated or learned, stating “I know many good and effective leaders serving Kenyans but who never schooled beyond Form Four.”

  What level of education do you expect your parliamentary candidate to have? Should they be educated above a high school? Or is a high school diploma enough? Should having at least a Bachelors degree from a recognised university be a prerequisite to stand for an elective posts?

The Lily Review

• Ask Lily: Is my husband cheating on me?

  Posted: October 3, 2011, 10:35 am by admin

  Ok i need to know if these signs sound like cheating to you. I have a gut feeling that my husband has been cheating here are some of the signs over the past year.

  Accusing me of having an affair on several occaisions like if i miss his call i will get a text ok have fun with your friend.. he also goes places with his friends. he used to invite me but work would hold me up because it was never preplanned, now he just tells me he is going and doesn’t come home till the next morning or afternoon cause he does’nt want to drink and drive.

  The newest is that he put a security lock on his computers and told me to stay off his phone because i do not pay the bill. this weekend he went out with his friends didn’t invite me . called me later in the evening and I asked if one of his friends wife went with them and he said no but she said she would have if you would have come. I told him to be sure to let her know I wasn’t invited to come. then i woke up to find him home on the couch at 4am and he had to drive an hour to get home. I asked him why are you home you were drinking he said i didn’t feel like staying and I only had 4 beers all night. this is the first time he did that. could the conversation earlier made him feel guilty to come home. he slept most of the day but I killed him in kindness and he almost got mad because i was being so nice and not fighting like i usually would for inviting me after he is there. he has even begun to tell me he thinks i have someting going on with the neighbour..

  I have found naked (professional) not self taken pictures on his cell when i do get access and the last fight i brought it up he had all that but not one of me on his phone and he said his friend sent them. I told him ya and what married men do is look laugh and reply but dont save them and star them on your phone.

  So with all this info i do think these changes are leading me to think he is cheating. do i ask his friends and risk them saying hey your crazy wife called me… or do i do as my mom said to me what goes on in the dark …. will eventually be seen in the light…

  Should i just wait for his own lies to screw himself. Any suggestions?

  CL
  You might also like:

  • Let’s just get along
  • Ask Lily: Cheating boyfriend and Trust Issues
  • Duped And Deceived
  • Talk about wrong timing
  • How can I tell her…or do i just shut up?

  
  

mzalendo :: Eye On Kenyan Parliament

• IDPs To Vote or Not to Vote 2012

  Posted: September 29, 2011, 12:51 am by admin

  
  
  

  By  Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  A story in one of today’s papers states that Lari MP David Njuguna has advised IDPs not to vote in the 2012 election unless the government settles them by Christmas.  According to the article, he said the government was only concerned about the welfare of politicians.  The MP said the IDPs are living under harsh conditions while others are yet to come to terms with the loss of their beloved ones lost during the post election violence.  He added that the IDPs are also starving because of the high cost of living, “These people are suffering and starving and living in deplorable conditions with their children. Education for their children is also at stake.”’

  While I do agree with the fact that government is wrong in its failure to resettle the IDPs almost four years on, and that IDPs suffer disproportionately because of the governments failure, I disagree with proposal that the IDPs should demonstrate their disapproval of the government’s failure to resettle them by not voting in the upcoming election. In fact I think their vote is the strongest participatory tool that the IDPs have, so far protests, and lobby groups, though they have done an admirable job, seem to have had little effect with regards to resettlement. With their vote IDPs can signal their disapproval of the fact that government has done little to resettle them.

  If the IDPs do give up their right to vote in the 2012 election, how else will they hold their parliamentary representatives accountable, how else will they signal their desire for change?

• On Sidelining of Commissions and Independent Bodies

  Posted: September 27, 2011, 9:55 am by admin

  
  
  

  By Mzalendo Contributor Moreen Majiwa

  Why form commissions and independent bodies if they are going to be sidelined?  The government/parliament has a very poor record of non-interference, follow through, or implementing recommendations of commissions and independent bodies created to perform specific tasks. This trend seems to have carried on in the new dispensation, let’s review.

  First, the Constitution Implementation Commission (CIC), whose role is to oversee the implementation of the Proposed Constitution, seems to have a hit several roadblocks i.e. the wrangle between the commission and government over the issue of payment of salaries of the commissioners. The most recent development in the CIC salary dispute being the A-G’s dismissal of a petition brought against himself, the Minister of Finance, and the Public Service Commission, pay negotiations are still ongoing.

  Second, the CIC is being increasingly sidelined in its oversight role. Parliament passed 15 bills in less than two weeks against the CIC’s advice and disobeying a court injunction granted to stop the passage of said bills. There’s the unilateral decision by the cabinet to propose the postponement of the date of the next election contrary to the CIC advice, the issue is currently in the hands of the Supreme Court. and the illegal passage of two acts the National Government Loans Guarantee Act and the Contingencies and County Emergency Fund Act.

  Third, despite the fact that the IEBC is supposed to be an independent body,  a section of MPs are attempting to influence the panels shortlist of candidates for the positions of commissioners.

  I bring this up because there are 11 commissions are to be formed in the new dispensation. Commissions cost taxpayers millions probably billions of shillings every year. The role of commissions play is crucial to reform. However commissions and independent bodies this can only do their job successfully if given an enabling environment and so far it appears parliament is the biggest barrier to proper functioning of the very commission they create.

Hit Your Note

• You are what you tweet

  Posted: September 24, 2011, 3:07 pm by admin

  About two weeks ago, I opened a twitter account for this blog. Then today, I came across visual.ly, a community to share data visualisations and infographics. So naturally I decided to create a visualisation for my new account. I’m not doing too well so far. But it’s still early days!

  Try it out. Find out how you’re doing on Facebook and twitter. This website allows you to make infographics on all sorts of data.

  Watch this video to find out more about visual.ly.

mzalendo :: Eye On Kenyan Parliament

• Amendments To The Constitution, Your Thoughts?

  Posted: September 23, 2011, 6:58 pm by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  Who would have thought amendments would come this soon?  Barely a year after the constitution was passed there are two possible points of amendment on the table.

  I was at a civil society meeting yesterday where the proposals to amend the constitution to facilitate realisation 2/3-gender rule in Article 81 (b) of constitution, and the proposed postponement of the next election were discussed extensively.

  On implementation of the not more the 2/3 of either gender rule there were 2 divergent opinions. The first, that there was no way that requirement of Article 81 (b) could be met without a constitutional amendment, and, therefore,  requisite amendments should be made to the constitution to ensure that the 2/3 threshold is met.

  The second , no amendments to the constitution should be made with regards to realisation of 2/3 gender. The 2/3 gender rule an aspirational and progressive one, to be realised over time through the creation of an enabling environment therefore no amendment is needed. What is needed is a levelling of the playing field for both genders running for elective positions. Furthermore an amendment to the constitution at this early day would open the gateway for amendments made for political expediency.

  On the proposal by cabinet to have the date of the election changed from a date in August 2012 to a date in December 2012, a consensus was reached to wait for the Supreme Court opinion on the matter.

  Views on the importance of date of the next general election varied from – the date of the election is not as important as people who are elected, to the view that the constitutional provision on the election date should be given the simplest reading, and the intention of the constitution followed by having the next elections in the 2nd week of August 2012. Some argued that the cabinet was being disingenuous in its reasons for its proposal to have the election in December, and all that was needed for an election to be held in August 2012 was political will and not an amendment to the constitution.

  One of the panellists, a CIC commissioner, made the very good point that if any amendments to the constitution were to be made, the process of amendment should be consultative, with 100% public participation. Before any constitutional amendments are made there should be a broad consensus on the amendment by the citizens. Finally, any amendments made to the constitution should be made with the intention effect implementation rather than to erode gains.

  What are your thoughts on amendments to the constitution, and what conditions would place for amendment if any?

• Tigania West CDF funds embezzlement

  Posted: September 14, 2011, 7:19 pm by admin

  
  
  

  We have recently received a report highlighting the abuse of CDF funds in Tigania West constituency.

  The full report can be accessed here and the excel spreadsheet with the breakdown of expenses can be accessed here.

  What can you do?

  Ping the MP on twitter – @kilemi  or on Facebook and ask him to respond to the allegations made in the report.   And if you are a constituent of Tigania West, let us know whether you agree or disagree with the contents of the report.

  Some highlights from the report:

  • KShs. 70,122,903 out of the KShs. 153,639,843 disbursed to Tigania West between 2007/8, 2008/9 and 2009/10 by the National CDF Board cannot be accounted for. The money missing does not include ghost projects and abandoned projects. This means that the misappropriated amounts are much higher; possibly almost the entire three years allocation of KShs. 153,639,843.
  • No money was disbursed to the most important component of CDF (bursaries) as at the end of 2009/2010 financial year.

Postscript

• The shadow

  Posted: September 14, 2011, 4:52 pm by admin

  We all live in the shadow.  The shadow of what was supposed to be—what was lost—but also in the shadow of our sins, our individual and collective sins. We often turn around to look longingly at what was supposed to be.  But looking back at sins is a whole other matter.  I don’t mean to look [...]
  
  [Visit Postscript to see the rest of this post]

mzalendo :: Eye On Kenyan Parliament

• On the Teachers’ Strike

  Posted: September 9, 2011, 2:36 pm by admin

  
  
  

  The public education system needs more than just the hiring of new teachers to correct everything that’s wrong with it. Some would say the whole 8.4.4 system needs an overhaul to stay relevant. However if the government does nothing else with regard to reforming the public education system this yea, it should hire more teachers.

  The internationally recommended teacher student ratio is 1 to 35. Student ratio in most of Kenya’s public schools is one teacher for every 50 students. In some schools the teacher pupil ratio is as high as 1 to 100.

  With those kind numbers it’s hardly surprising that this week 240,000 teachers launched an open ended, nation wide strike, which affects 10 million primary and secondary school children. The teachers are demanding the government hire more educators to ease over crowding in classrooms. KNUT (Kenya National Union of Teachers) estimates 79,000 are teachers needed to cover the deficit.

  A 1 to 100-teacher student ratio and a 79,000 deficit in teacher numbers has detrimental on both the educators and the children. It doesn’t take a rocket scientist to figure out the quality of education is reduced as the ratio increases. In fact with such a ratio one wonders how many children that graduate from class to class acquire even the most basic literacy and numeracy skills? Or how one teacher teaching 50 plus students to manages to ensure a well managed classroom and a skilful assessment of all 50 plus children to facilitate learning and reduce disparities? My guess is that as the teacher student ratio increases, education in public schools may become more about crowd control than actual teaching.

  The government response to the teachers strike has been varied some MPs have threatened to stop the enactment of the Finance and Appropriations Bills if the demand for employment of additional teachers is not meant. The Minister of Education proposed the hiring of 20,000 on temporary contracts, an idea that was quickly shot down by the KNUT. The Finance Minister has stated unequivocally that there is no money in the budget for the employment of additional teachers.

  Given that’s understaffing in public schools is no secret and long term negative implications of the shortage of teachers on the society why did the government divert money from the budget meant for hiring new teachers to the Department of Defence?

Postscript

• Consulting with GILLBT

  Posted: August 30, 2011, 6:50 pm by admin

  Photo by Elaine Bombay I’m on the final leg of my West Africa trip.  I’ve been meeting with GILLBT (Ghana Institute of Linguistics, Literacy and Bible Translation).  We’ve been working together on a strategy for external publicity in Ghana.  Basically, thinking about how to raise awareness in Ghana about opportunities for involvement in Bible translation and related work. This...
  
  [Visit Postscript to see the rest of this post]

mzalendo :: Eye On Kenyan Parliament

• Is Gender Balance Really Technically Impossible to Achieve?

  Posted: August 28, 2011, 2:44 am by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa.

  “Technically impossible to achieve,” are the words used by the presidential press service to
  describe the implementation of the constitutional provisions on gender balance. The statement
  reads “With regard to the requirement for one third representation in parliament by either gender,
  Cabinet decided to set up a taskforce (includes Mutula Kilonzo, James Orengo, Charity Ngilu, Otieno
  Kajawang, Beth Mugo, Naomi Shaban, Kiraitu Murungi, Amason Kingi, Dalmas Otieno) to
  prepare a Constitutional Amendment Bill to deal with this important requirement that is technically
  impossible to achieve under the current stipulation.”

  I’m assuming, and correct me if I am wrong, that the expression ‘under the current stipulation’
  refers to the constitutional requirement that ‘not more than two-thirds of the members of elective
  public bodies be of the same gender’ Article 81 (b). Which in real terms translates to requiring
  that out of 290 MPs at least 96 be women. Or maybe the phrase is in reference to Article 27 (8)
  which obligates the state to take ‘legislative and other measures to implement the principle that
  not more than two-thirds of the members of elective or appointive bodies shall be of the same
  gender? It’s difficult to discern the exact meaning.

  Whatever the case,  the Cabinet’s solution to implementation of the gender balance provision does
  not seem to involve finding solutions that would make it possible to implement the constitution
  as is. Its seems the Cabinet would rather take steps to remove or change the requirement that
  at least a third of the MPs in the next election be women through a constitutional amendment.
  (Constitutionally parliament can change the constitution over a period of ninety days if a two third
  majority support the amendment and after the amendment bill is publicised and public discussion
  occurs). I wonder why that is?

  As a concerned Kenyan and a woman who potentially stands to be adversely by the removal
  or change of the gender balance requirement I would like an explanation on what is meant by
  phrase ‘technically impossible’. Does technically impossible mean that there are an insufficient
  number of qualified women who are willing to run for elective positions in the next general
  election? Or, that the electorate will not vote for the women candidates? Or that parliament will
  not effect legislation or take measures to ensure that gender balance requirement is met?

• Just in time legislation?

  Posted: August 26, 2011, 2:16 am by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  It probably will not come to this i.e. parliament missing the constitutional deadline, 27th August,
  for the enactment of 12 bills. Apart from proper planning that would have allowed the bills to
  be passed in timely fashion, it would seem that the August House is making the best of a bad
  situation and taking measures to ensure that all the bills passed on time.

  Parliament will be sitting for longer hours. MPs have voted to skip certain steps in the legislative
  process thus allowing the bills to be fast-tracked. Some bills deemed as non-urgent have
  been removed from the implementation schedule. The bills that have been dropped are the
  Independent Policing Oversight Authority Bill, The National Police Service Commission Bill and
  the Foreign National Management Service Bill you can of course the judge of the importance of
  these bills particularly the ones involving police reform.

  Then of course there is the resolve to have the bills passed on time is illustrated by the statement
  made by MP Abdikadir Mohammed, the Head of the CIOC, who said ‘It may not be the National
  Assembly’s fault that the bills arrived late; but it will be the National Assembly’s fault if the bills are
  not passed within the deadlines. An extension of the deadlines will be an admission of failure on
  the part of parliament,”  though some would posit that the failure has already occurred.

  But just in case the bills are not passed in time it would be useful to know what the options are.
  The first option and most obvious option involves an extension invoking Article 261 (1) Parliament
  can extend the deadlines for up to a year. However this would required the vote of at least two
  thirds of the MPs plus the Speaker of the National Assembly would have to certify existence
  of exceptional circumstances justify the extension. Of course there is no definition of what
  qualifies as exceptional circumstances, so it’s hard to predict what would qualify as exceptional
  circumstances in this instance.

  Then there is the more controversial second option, a member of the public, civil society; actually
  anyone could under Article 261 (5) petition the High Court over the missed deadlines. The Court
  would then ‘make a declaratory order on the matter; and transmit an order directing Parliament
  and the AG to take steps to ensure that the required legislation is enacted, within the period
  specified in the order, and to report the progress to the Chief Justice’. And if Parliament failed to
  act within the time give the Chief Justice would then advise the President to dissolve Parliament.

  So it seems that the choice is between which is the lesser of two evils i.e. a rushed legislative
  process that sees the requisite bills passed before the deadline or an extension (of course the
  citizenry could petition the High Court but dissolution seems unlikely). From the political speak,
  however, it appears choice has been made the bills will be passed on time.

  Of course there are several pitfalls in rushing the bills through parliament, there is the chance
  that the bills will not be properly scrutinized, certain provisions could be sneaked in the rushed
  legislative process that could have detrimental consequences, there certainly will be little to no
  public participation in a rushed legislative process. A rushed legislative process allows for the
  type of political slight of hand whose ramifications of which will be revealed only once the process
  is over. Public participation will be reduced to a reactionary one once the bills have already
  become law.

  Whatever the case lets hope this situation is not a precedent to how constitutional bills will be passed in the future especially as we have another slew of bills whose deadline is 18 months
  after promulgation.

• On leadership

  Posted: August 21, 2011, 10:51 pm by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  Many people aspire to hold leadership positions and with the promulgation of the
  constitution there is no shortage of positions that a qualified Kenyan can vie for. In
  fact one can hardly throw a stone without hitting an ongoing recruitment process for
  constitutionally created positions; whether its for the Attorney General, the Auditor
  General and Deputy, the Judicial Vetting Board, the Independent Electoral Boundaries
  Commission or any of the other 11 independent bodies to be established under the
  new constitution.  To add to the appointive positions, whether premature or not, there
  are ongoing campaigns for the myriad of elective positions in the next general election
  president, Member of Parliament, senator, governor etc.

  So while our some of our current leaders seem to embroiled one corruption scandal
  after the other, bicker over devolution issues, who will control what funds in the devolved
  system, whether or not to pay their constitutionally sanctioned taxes, threaten chiefs
  who dare to give reports of famine/drought related deaths. All the while simultaneously
  careening speedily towards missing the deadline for the passage urgent bills.

  Almost one year since the promulgation of the constitution, less then a year till the next
  general election and in light of the ongoing establishment of constitutional bodies now
  seems as good a time as any to review the qualities we expect of our leaders whether
  appointed or elected.

  I think that all Kenyans expect that state officers acknowledge that the authority
  assigned them is a public trust that vests in the State officer the responsibility to serve
  the people, rather than the power to rule. That the authority is to be exercised in a
  manner that is consistent with the purposes and objects of the constitution, and in a
  manner that demonstrates respect for the people and brings honour to the nation and
  dignity to the office; and promotes public confidence in the integrity of the office. We
  also expect they abide by leadership and integrity principles of personal integrity,
  competence and suitability objectivity and impartiality in decision making, not
  influenced by nepotism, favouritism, other improper motives or corrupt practices;
  selfless service based solely on the public interest, and accountability to the public
  for decisions and actions; and commitment in service to the people. And no I didn’t
  make this up this and a longer list is contained in article 73 of the constitution.

  While the electorate are partly to blame for the state of affairs where leadership is
  concerned we voted for them, two things are true, this is a new dispensation and things
  are definitely changing, if not among the leaders then certainly among the electorate.

Postscript

• Francophone Initiative

  Posted: August 20, 2011, 6:11 pm by admin

  More people in Africa speak French than anywhere else in the world.  That’s because it is the national language in more than 10 countries in Africa, mostly in central and west Africa. While French is a national language in these countries and is often a language of wider-communication (people who have different mother tongues use it [...]
  
  [Visit Postscript to see the rest of this post]

White African

• All facebook smileys emoticons

  Posted: August 20, 2011, 3:11 pm by admin

  Here we have got complete List of Facebook Emoticon Codes for FREE. There’s a stack of guides all over the net listing all the smileys you can send in Facebook and many forum posts discussing the formatting options.Use it when chatting in Facebook with your friends, show your emotions with Facebook Emoticons now.We’re yet to find one good one that lumps it all into one page, with the latest smiley codes, in a nice easy to read format, so we’ve decided to oblige.

mzalendo :: Eye On Kenyan Parliament

• Attention Kenyan taxpayers, your MPs keep fooling you.

  Posted: August 18, 2011, 11:57 pm by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  It would seem, if newspaper reports are to be believed, that the MPs who refuse to pay taxes have reached an agreement with Treasury on how to go about paying their taxes. The agreement could see the MPs, who had previously refused to pay taxes, pay taxes on their full salaries and then get compensated by the treasury for paying the said taxes.

  According to the papers ‘a deal was agreed at two separate meetings at the Treasury on Tuesday and Wednesday attended by top treasury officials and two representatives of parliament’s Public Accounts Committee, representing MPs who refuse to pay as demanded by the new constitution. In the deal the Treasury will give MPs an ex-gratia to compensate them for paying tax on all their income’

  Who will foot the bill for this deal?  he taxpayer that’s who! So in effect the Kenyan tax payer will be paying taxes that will be used to compensate their elected representative for the taxes he or she has paid on their salary, which by the way is also paid by the Kenyan taxpayer?!

  And as if it is not enough for the Treasury and MPs to strike an agreement that effectively indemnifies members for paying taxes in accordance with the constitution. The agreement is also reported to include the implementation of the recommendations of the Akiwumi Tribunal on Parliamentary Terms that would see the salaries of MPs increased to Kshs 1.1 million each.

  That some members of the parliament refuse to pay taxes despite clear constitutional provisions that state that they should do so and that the very same members of parliament continually attempt to negotiate their way out of paying the taxes seems to me like a slap in the face of both democracy and rule of law. What happened to democratic principles like representative government, and rule by the people? What does it mean for our democracy when 222 people (less the members that have paid their taxes, or who agree to pay) show blatant disregard for the wishes of the majority? And what does it mean for the rule of law when the people we elect to make and uphold law, are the very same ones to openly defy it?

• 12 Constitutional Bills to pass in 2 weeks, how did we get here?

  Posted: August 14, 2011, 2:48 am by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  How did we get to this point?  The point where Parliament has just shy of two weeks to pass 12 constitutional bills! When the constitution was promulgated in August last year it was evident that its implementation would require the enactment of a multiplicity of complex legislation.

  It seems, to me at least, that all provisions were made to ensure that transition from the old dispensation to the new dispensation was a smooth as possible. The new constitution staggered the deadlines for the enactment of all the required legislation according to urgency. The constitution also set out clear time lines for enactment of said laws. It also broadly outlined the manner in which the transition was to be managed and new laws passed in the transitional and consequential clauses in the 5^th and 6^th Schedule. Two new bodies, a parliamentary select committee, the Constitutional Implementation Oversight Committee, and an independent commission, the Commission for the Implementation of the Constitution, were formed to oversee the transition.

  Yet here we are, so far only the Vetting of Judges and Magistrates Bill, the Judicial Service Bill, Independent Electoral Boundaries Commission Bill, The Salaries and Remuneration Commission Bill, and The Supreme Court Bill have been passed. However still pending is the enactment of legislation of on:

  1. Citizenship (Article 18)
  2. Kenya National Human Rights and Equality Commission (Article 59)
  3. Ethics and Anti-corruption commission
  4. Elections (Article 82)
  5. Electoral disputes (Article 87)
  6. Political Parties (Article 92)
  7. Urban areas and cities (Article 183)
  8. Contingencies Fund (Article 208)
  9. Loan guarantees by national government (Article 213)
  10. Revenue Allocation Commission
  11. Commission on Administration of Justice
  12. Ratification of Treaties

  The passing of a bill of does not happen overnight. Before a bill becomes law has to presented before parliament, go through a first reading, followed by a second reading, a committee stage and third reading. Each stage has a purpose the rigor of each stage has implications for quality of the bill. A glance at the bill tracker on parliament’s webpage, updated as recently 8^th August, shows that some of this legislation has not been even been presented, and the few bills that have been presented are somewhere between the first reading and the second reading (as a side note is it really necessary for all the bills to be separate pieces of legislation?)

  Seriously, what are the chances of parliament meeting the constitutional deadlines for the enactment of the requisite laws? And even if parliament does meet the constitutional deadlines what are the implications of the trying to pass this amount of legislation in two weeks on the quality of the laws? And what are the implications on the constitutional requirement for public participation in the making of laws (Article 118)?

• IEBC Selection panel

  Posted: August 12, 2011, 12:10 pm by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  On Monday this week the country’s new independent electoral and boundaries commission selection 7 member panel was sworn in. In case you missed it the panel is made up of Ekuru Aukot (Chairman), Prof. Marion Mutugi (Vice Chair) Justice Isaac Lenaola, Mwanyengela Ngali, Ms. Rosa Buyu, Ms. Irene Keino and Ms Sophie Moturi.

  So what next? According to the Independent Electoral Boundaries Commission Act 2011 advert inviting qualified Kenyans to apply for the positions, and publishing of the names of the all the applicants within the next seven days. The selection panel will then consider the applications, shortlist and interview the selected applicants. The Selection Panel will select three persons for the position of chairperson, and thirteen for positions as commissioners. The panel will then forward the names to the President and Prime Minister, who will then consult, and nominate one of the persons as the chairperson, and eight as a members of the commission. The President will then forward his list of nominees to the National Assembly for vetting and approval.

  A parliamentary committee will within 14 days of receiving the names consider the nominees and make recommendations to Parliament with regard to the nominees. The National Assembly will within 14 days of its next seating consider the nominations and make a decision on whether to reject or approve the nominees. If the nominees are approved within seven days of the approval the Speaker will forward the names to the President for appointment. If the any of the nominees is rejected the Speaker will inform the President, who will within 14 days of the rejection, submit a new nominee from the panels list to the national assembly. If any of the subsequent nominees are rejected by parliament, the selection panel can put forward a name from among the shortlisted candidates.

  In theory the process is pretty clear and straightforward, and should be carried out expeditiously. However in reality it’s likely the establishment of the Independent Electoral and Boundaries Commission (IEBC) will be filled with the usual political skulduggery.  Constituting the Selection Panel so late in the day, represents the first hurdle in the panels work, and means constitutional deadline for the establishment of the IEBC (one year after the constitution’s promulgation (see sixth schedule, section 29 (1) of the new constitution) is unlikely to be met but who knows…in any event we’ll be watching.

• Drought And Famine, Could The Government Respond as Quickly if the Same Questions were Asked of Them?

  Posted: August 7, 2011, 11:32 pm by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  I was reviewing the Hansard hoping to find some debate on the 12 bills that still need to be passed before the one-year anniversary of the promulgation of the constitution 27^th August 2011. When I stumbled upon these questions raised by MP for Wajir West, Mohammed Sirat, regarding the intervention by the Kenya Red Cross in the ongoing drought and crisis:

  1. a. To what extent is the Kenya Red Cross Society supplementing the Government efforts in drought mitigation and the distribution of relief food to persons affected by drought and famine in the country and who is the society accountable to?
  2. b. What percentage of the national and international emergency relief appeal has been realized so far and how much has been utilized in the country and could the Minister table a detailed proof of collection and expenditure?
  3. c. Could the Minister confirm that the organization is putting up Five Star hotels in Nairobi, Nyeri and Eldoret and has acquired more than 3,000 acres of land in Mlango in Tana River while Kenyans are dying of hunger and, if so, clarify whether this is part of the organization’s core mandate?

  The questions struck me as absurd on several levels, because most of the information asked for by the MP is readily available on the Kenya Red Cross website, or from the offices of the Kenya Red Cross including information on the hotels, the proceeds of which sustain the activities of the Kenya Red Cross. The questions also made me wonder if the MP really understood what the Kenya Red Cross is, what it does, and its relationship (or lack there of) to the government?

  It is worth noting the Assistant Minister of Special Programmes was able to answer immediately, with facts and figures, all the questions asked. Further several MPs in the house commended the work of the Kenya Red Cross in the ongoing crisis and work that the organization had done in their constituencies.

  To me it seemed that MP’s vitriol was directed towards the wrong institution. The intervention of Kenya Red Cross and other humanitarian organizations in the drought speaks more to the gaps in the government’s ability to plan and respond effectively to the drought and famine.

  In a similar way that the Kenya Red Cross is accountable to its donors both local and international and has made available information on their relief efforts. The government is/should be accountable to its citizens and this made me think could the government readily provide answers to same questions if asked of them?

  1. What is the Government doing in effort to mitigate the drought and famine situation in the country?
  2. What percentage of the national budget has been allocated to drought and famine relief? How much has been utilized and could the government table a detailed proof of allocation and expenditure?
  3. Could the Minister confirm that the organization what is happening with the billions shillings that is unaccounted for while Kenyans are dying of hunger?

Postscript

• Just in time

  Posted: August 6, 2011, 3:48 pm by admin

  Photo by Søren Kjeldgaard Anyone considering a job in Bible translation, literacy or any related work with the organizations associated with Wycliffe has to first complete cross-cultural and linguistic training.  Training centers are located around the world. The last of the stories I’ll be helping with in Europe is on the European Training Programme (ETP). I’ve been [...]
  
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mzalendo :: Eye On Kenyan Parliament

• Bio Safety Act /GMOs, Have The Promises Been Kept?

  Posted: August 3, 2011, 9:11 pm by admin

  
  
  

  By Moreen Majiwa (@mmajiwa)

  The issue of whether or not to import GMO’s into the country has been ongoing for over a decade.  Despite the initial resistance to the Bio Saftey Bill it was passed almost unanimously during its third reading. The passage of the Bio-Safety Act was the official enactment of a law to that would both allow and govern the importation of GMOs. Several MPs supported the bill with the promise that GMOs would be properly policed. Below are excerpts from the debate on the Bio-Safety Act and the names of the MPs who supported the Bill and those that did not.

  Have the promises on regulation of GMOs made during debate on the Bio Safety bill been kept?  You decide.

  MPs who supported the Bill

  Dr. Kilemi Mwiria (The Assistant Minister for Higher Education, Science and Technology)

  ‘This is a Bill on safety to safeguard Kenyans against the unintended use of genetically modified organisms (GMOs). In other words, it is to guard against the very same fears that a lot of us are expressing with regard to issues of biotechnology. It is also to guard us against a situation which is already occurring in that we already have GMOs with us.’

  Robert Monda: “we are putting in place safety and regulatory mechanism so that we can through an Act regulate any GMOs. We want to allay the fears that have been expressed by hon. Members – I think it is the name that has fuelled the fears. These are genetically modified organisms! That is simple and straightforward English: It is not science. We want to be very clear that we do not create unnecessary fear in the public; that GMOs are coming in with complications, health problems or lack of food. We are not introducing GMOs now. They are already there!”

  William Ruto: “There are very clear guidelines on the safe use of GMOs that are provide in the Bill. The framework established under the Bill are full-proof mechanism that no GMO will be introduced into this country unless it has been subjected to a thorough research and scientific analysis to ensure that it is safe in not only in terms of health for humans beings but also safe for the environment.”

  Jakoyo Midiwo: “It is very surprising that there is lot of opposition to this bill.”

  Dr. Wilber Otichilo: “GMOs are part of science and technology. This Bill is going to guard this country against anybody bringing in GMOs or any other crops that we deem unfit for this country.”

  Sally Kosgey: “Sir, the new law does not seek to introduce any GMOs or products of GMOs without strict supervision and quarantine. The new law is, indeed, for the protection of Kenyans from careless escapes or presentation of GMOs or products of GMOs, in strict accordance with the Cartagena Protocol”

  Per the Hansard MPs who spoke in support of the bill – David Koech, Elizabeth Ongoro, Danson Mungatana, Rachel Shebesh, Noah Wekesa

  MPs Opposed to the Bill

  Silas Ruteere: “I am not convinced because I know contrary to what has been advocated for the countries that use GMOs like maize or sorghum…grow then for animals. WE want to introduce GMOS but the mechanisms for the issues to do with warehouses, proper control and lack of control for contamination of our seeds have not been provided for in the bill.”

  John Mututho: “I am prepared to table a document which gives a summary of the world research on food productivity based on GMOs, showing clearly that there has never been any significant change except for the maize variety MO810, which increased up to a level of 10% and not beyond that .”

  Aden Duale: “the fundamental question I want to ask and which I want everybody to hear is; if today you are the policy-maker in this country, could you allow a large scale-farmer to plant GMOs? If you are a policy-maker in this country, you need to ask yourself; if you were a consumer, will you eat such food?”

  Franklin Bett: “We must not mix these seeds with other seeds. I want to say that we must allow risk assessment to be properly done before we introduce GMO products. In this country we seem to be in a hurry to introduce them.”

Postscript

• A new rack mount

  Posted: July 31, 2011, 3:09 pm by admin

  Jeff and Martijn drove up to Wycliffe Netherlands for the day to help with another IT project.  It was just a just hour drive from where the office is in Germany to the office in the Netherlands. The old rack mount. The office needed a new rack mount for their server switch installed. A network switch [...]
  
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mzalendo :: Eye On Kenyan Parliament

• Drought – what happened to government structures?

  Posted: July 30, 2011, 2:06 am by admin

  
  
  

  By Mzalendo Contributor Moreen Majiwa (@mmajiwa)

  Close to 4 million Kenyans face starvation and eminent death this year due to drought and famine. A crisis for which the government had received warning. Contrary to Minister for Special Programmes Esther Murugi’s statement earlier in the year that no Kenyan would die of hunger,  and the government spokesperson’s statement that the government is unaware of any Kenyan who has died as a result of the drought.  The fact is that many of Kenyan’s have already died of hunger.

  The government is and has been appealing to the international community for urgent aid to save the lives of an estimated 3.5 millions Kenyans. Officials and the United Nations say that Kenya needs Kshs 20 billion to provide food, water and other assistance to those affected by the drought and famine. The areas hit hardest by the drought-induced food shortages are in North Eastern Province (NEP), Turkana, Pokot, and Baringo.

  The fact Kenyans are playing their part in helping fight this disaster through fund raising is both commendable but also morally right. So far Kenyans have already donated $200,000 via text messages. However while fund raising provides a short-term solution, the truth is the long-term solution does not rely on the fund raisings. The combination of interventions – government, NGOs and donors are just a drop in the bucket and do not even begin to address the magnitude of the crisis.

  What happened to the government structures from village elders to provincial commissioners, Members of Parliament, Ministry of Development of Northern Kenya & Other Arid lands, Food Security Steering Committee, and Constituency Development Fund?  Will they be off the hook once again?

• The Auditor General’s Report 2009/2010, Will Anyone be Held to Account?

  Posted: July 25, 2011, 7:09 pm by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  Having an independent Auditor General is clearly yielding results.  The Auditor General’s report for the financial year 2009/2010 was recently tabled before parliament and the irregularities just keep mounting. In the last two months the office of the Auditor General has revealed a myriad of faulty accounting practices, and missing or unaccounted for billions from various government ministries:

  • 4.2 billion from the Ministry of Education (Minister-Samuel Ongeri)
  • 3.6 billion from Ministry of Public Health (Minister-Beth Mugo),
  • 889 million from the Roads Ministry (Minister-Franklin Bett)
  • 743 million from the Ministry of Foreign Affairs (Formerly run by Moses Wetangula, currently Internal Security Minister Prof. George Saitoti is holding the Ministries brief)
  • 662 million from the Ministry of Internal Security Ministry (Minister – Prof. George Saitoti)
  • 408 million from Special Programmes  (Former Minister Naomi Shaban Current Minster Esther Murugi)
  • 196 million from the Ministry of Lands (Minister James Orengo)

  *And this is not even a comprehensive list?!

  **Ministers Franklin Bett (Roads) and Beth Mugo (Public Health) have dismissed the Auditor General findings.

  The Auditor General reports also reveals that several ministries have an outstanding bill to suppliers of Kshs 16 billion. Named again are the Ministry of Roads, Education, Special Programmes, Provincial Administration and Internal Security other bill defaulters include Local Government Ministry, Public Works, Agriculture, Home Affairs. Irregularities have also been noted in the Ministry of Information and Communication.

  No doubt we will be treated to the usual buck passing – from Minister to PS to subordinate staff and back again – that accompanies such revelations, promptly followed by denial of responsibility and refusals to resign. However lets hope that the report and the naming of the Ministries involved is the first step in establishing mechanisms that will prevent such pilferage from happening in the future, and holding those responsible to account.

Postscript

• Conduit, cables and outlets

  Posted: July 23, 2011, 1:52 pm by admin

  Jeff has been working with his supervisor, Martijn, on a cabling project at one of our offices in Germany. They’ve had to install conduit along all the office walls and in the attic. Then, they’ve been working on running internet and electrical cables through the conduit.  The last part of the job was installing the electrical outlets [...]
  
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mzalendo :: Eye On Kenyan Parliament

• What Foreign Travel by Parliamentary Committees Costs Taxpayers

  Posted: July 21, 2011, 3:47 pm by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  Did you know that each parliamentary committee receives approximately 60 million ksh for foreign travel?

  If each committee receives foreign travel budgetary allocation of 60 million shillings and there are approximately 27 parliamentary committees (excluding ad hoc committees) that make a total of that makes approximately 1.6 billion ksh for foreign travel alone in plane tickets, accommodation, per diems etc.

  How does this break down in terms of allocation per individual MP? Well, each committee has approximately 11 members (except the house business committee which has 27 members) and each committee receives a total of 60 million kshs, this breaks down to an annual foreign travel allocation of almost 5.5 million kshs per MP and of course that allocation per MP doubles if the MP sits on more than one committee (list of parliamentary committees and who sits on them).

  Another problematic issue is that all the committees receive the same monetary allocation for foreign travel regardless of whether the mandate of committee requires extensive travel or not.  No distinction is made between mandates and need to travel, this means that committees that deals with let say catering or the library, which you would expect would travel less, would receive the exact travel same allocation as the Defence and Foreign Relations Committee, which by virtue of its mandate would be expected to travel more.

  According press reports this fiscal year 2011/2012 alone,  the allocation for foreign travel by committees has trebled to 491 million kshs from 162 million kshs in 2010/2011. The clerks office received an allocation of 35 million kshs, for foreign travel, the speaker’s office 9 million kshs, and the parliamentary service commission has been allocated 30 million kshs.  In addition,  the Parliamentary Service Commission recently increased MPs foreign travel allowance by 20 per cent, after MPs complained about the high cost of travel.

  Unfortunately, there is no way to confirm what all this money is spent on, whether it is effectively spent etc. As long as there is government expenditure on foreign travel it is important for there to be proper accountability mechanisms that tracking all aspects of expenditure on foreign (and domestic travel) i.e. travel to from work, travel on parliamentary business, foreign travel, committee travel. These should be made public so that taxpayers can assess if foreign travel is value for taxpayer shillings or a mode of self- enrichment for MPs.

The Lily Review

• Of Men and Ambitious Spouses

  Posted: July 19, 2011, 1:10 pm by admin

  Well, it is known that ambition can creep as well as soar.”
  Edmund Burke

  ‘When I grow up I want to conquer the world, I’ve got to have my own job, my own car, and my own crib. I’ve got to be my own woman, totally independent.’ A group of young girls at a teenage workshop made these strong statements. It exhilarated me to see the determination that these young women had. Despite my support for their enthusiasm at living fruitful lives, it got my mind wondering of the older generation. Women who have stood up and taken a chance at conquering the world.

  Nowadays, the issue of gender no longer takes precedence in our social debates. When it does, it is not an eye catcher as it used to be back then. When I was growing up, women took up to the streets demanding for their rights and equal treatment as their male counter parts. With time, things have changed and today’s world is easily settling down to the idea of a modern woman. She can do just as much as any man can do. She has become a breadwinner, a leader in all contexts. Be it in politics, religion, academics, and the world of business. She walks shoulder high and exhumes great confidence, takes on the world without any inhibitions; she is surely living up her newly found status.

  We might want to be fully independent as women, but we want love and companionship too. We want a beautiful world where we find compatible partners who support and grow together with us. Some of us are lucky to find such men but the majority of us have quite a different story to tell. A part of the male population is still intimidated by the idea of a strong and ambitious woman. The sight of any signs of ambition spells insecurities leading to them, scramming to dark corners.

  “Hush babie hush”, such has been the response given by most insecure men in a bid to quell their spouses sprouting horns off ambition.

  Catherine, a middle-aged woman has been married to her husband for almost five years now. Though she is a working woman, she still feels like she needs to do more with her life. She wants to achieve and accomplish her full potential. So, having thought it through and convinced that putting up her own business was the way to go, she set out to share her thoughts with John. Excited and greatly anticipating the birth of a new venture, she did so and to her disbelief, she was not quite prepared for the response that hit her.

  “You know, there is no way you can come up with enough capital, and babie, you know you cannot do this. Don’t you have your job?” Said her hubby. She was completely dumbfounded. Wasn’t this the man meant to urge her on, and help her overcome any obstacles? What was she supposed to say to him now? Her closest source of support was only concerned with whether she really had enough capital for start up. He kept on and on but Catherine was lost to everything he said. Her husband wanted her satisfied with her job and taking care of their kids. On the verge of tears, she tells me of how she had nodded and sworn not to bring up the subject again. And just like that, like a rose withers and dies, Catherine’s dream was crushed and smothered into tiny inconceivable little pieces. I guarantee you that this experience is not any exceptional. Dreams of most ambitious women suffer the same inconceivable fate.

  Emotional beings as we are, we hold on to what is familiar to us and choose to stick to the fate that has been handed to us by our spouses. Because, when it comes down to it we don’t want to lose our husbands, let alone our kids.

  Why do we really have to succumb to this fate? Ambitious women love life, they are bubbly and happy, challenged by situations and determined to conquer any inhibitions. Like any other woman, all they want from their spouses is love and support. They want their men to be a part of their life’s adventures. They want them to feel loved and accepted for who they are and not threatened by them. Is it really necessary to clip our sprouting wings for us as women, to achieve happiness? Is it really the only way to go?

  Most women like Catherine when faced with such criticism from their spouses let their ideas die while others inspired and fueled to succeed continue on and hold a burning candle for their dreams.

  Kay, now a manager of her own business says that it is not easy to face an insecure husband, especially one threatened by your ambitions.”It was tough knowing that my husband was not being supportive but I chose to go ahead and make my dream come true. “He felt that with my success I would be no longer reachable, that I would not have time for him and most especially that I would get to interact with a lot of men in my line of work.” She says. Despite her efforts to assure him of her sincerity, he seemed relentless. Kay made a decision not to mention it to him again and kept building her ideas secretly. And ten years now, she is happy and successful but unfortunately, her marriage isn’t.

  They say that behind every successful man is a great woman, but pray tell me why it can never be the other way round. That behind every successful woman is a great man.

  I know something though, that you might not have figured out yet. That, no man lacking in ambition wants an ambitious woman around. All a man wants is someone they can pat on the shoulder and nudge forward, someone ready to stretch out their hands and look up to them like gods and beg for their help. You can imagine what happens when such a man is faced by a woman who wants her own. They either hit back physically or sip at your emotions and then act the victim. They play around with your own insecurities and manipulate your every move.

  It’s sad though, that most women are not ready to stand up for their dreams. We took the step to fight for recognition as equals to our male counterparts. So then, what are we doing letting men trample on us. For what are we in our relationships when all we feel is suffocated and enclosed in a tight vacuum? We must realize that no happiness comes before our own. And that to venture successfully in anything we must satisfy our own hearts first.

  Take a look around, at that female personality that you look up to. Think of the many women that have made it and from their lives take a leaf. What we learn every day, is that we are a creation of utter magnificence and to look down on ourselves, let alone letting others prey on us is not just an injustice to ourselves but also a lack of respect for our creator.

  Author: Jecinta Githaiga
  Bio: I live in Nairobi and love writing. I write about women’s lives and issues in the modern world. My hopes are to inspire and enlighten Kenyan women into being exceptional beings.
  You might also like:

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mzalendo :: Eye On Kenyan Parliament

• CIC Commissioners Salaries

  Posted: July 18, 2011, 12:48 pm by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa

  ‘The government is not in support of the exorbitant figure of Sh1.3 million per month for the Chair of the Commission for the Implementation of the Constitution (CIC), Sh1.17 million for the Vice Chair and 1.14 million for the Commissioners. This translates to Sh10.4 million per month, for the commissioners alone, these rates are not only above normal for other state officials but unsustainable.”  Dr Alfred Mutua, the government spokesperson, said in an official statement following the government’s rejection of the salary structure for CIC commissioners proposed by the Public Service Commission (PSC).

  The salary of CIC commissioners was the result of a negotiation between the Treasury, the PSC and the CIC in early May in accordance with Article 17 of the Commission for the Implementation of the Constitution Act 2010 which states: ‘Salaries and allowances payable to…. the chairperson and the members [of the CIC] shall, pending the establishment of the Salaries and Remuneration Commission, be determined by the Public Service Commission in consultation with the Treasury.’   Though the government has rejected the proposed salary structure the Commissioners of the CIC have argued that the amount proposed by the PSC falls within the Band A1 of the Constitutional Offices Remuneration Act of 2009 in which Band A1 means: ‘A salary scale commencing at Kshs. 399, 440 per month, increasing by 39, 940 per annum to Kshs. 439,380 per month; thereafter increasing by Ksh.43, 140 per annum to Kshs. 482,520 per month; thereafter increasing by Ksh.49,140 per annum to Ksh.531, 660 per month; thereafter increasing by Ksh.55, 140 per annum to Kshs. 586,800 per month; thereafter increasing by Kshs. 61,140 per annum to Ksh.647, 940 per month thereafter increasing by Ksh.67, 140 to Kshs. 916, 500 per month.’

  The major implication of the government’s stance on the CIC commissioners’ salaries – which have not been paid for the last 7 months of service – means they  are unlikely to be remunerated until the matter is resolved.   The fallout from the failure of the government and the CIC to reach an agreement on the issue of commissioners’ salaries has resulted in long-standing delay in the hiring of CIC staff the CIC currently operates without a secretariat. More recently the CIC commissioners have stated that due to the ongoing salary dispute bills on Devolution, Police Reform, Lands, Leadership and Integrity will be shelved. With the next election less then 13 months away is there could not be a worse to shelve these particular bills.  The commissioners have also stated their intention to work on a part-time basis an act that will significantly slow down the implementation process.

  While Dr. Alfred Mutua, communicating for the government, is right in stating that the commissioners salaries are above normal (Band A1 according to the Constitutional Offices (Remuneration) (Act 2009) is reserved for the Attorney General and Chief Justice, Commissioners e.g. those in PSC and IIEC, fall within Band A2 or A3).  If the PSC was consulting the Treasury in the CIC salary negotiations, surely the Treasury should have raised the fact that government can neither afford nor sustain such salaries and allowances during the negotiation stage and a more realistic and acceptable salary agreement reached.  If the CIC commissioners’ salaries were negotiated and agreed upon by the PSC, the Treasury and CIC, the commissioners have a right to expect to be paid the agreed amount.   A possible solution of course would be to pay the Commissioners’ the legally negotiated amount and tax both their salary and allowances, just like the salaries of every other Kenyan. But with the majority of the 212 MPs refusing to remit their taxes they have lost the moral authority to insist that other state officials be taxed? In all this confusion one thing is clear there clearly needs to be established an acceptable, affordable and sustainable salary scale for constitutional officers that is acceptable to both taxpayers and the state officers performing the service.

Postscript

• Behind the scenes

  Posted: July 16, 2011, 11:47 am by admin

  Getting photos and doing interviews for the stories we put together requires lots of logistical work.  Often most people just see the final story with the photos placed in.  Let me show you a few photos of more of the behind the scenes look at our trips to Denmark and Romania. Photo by Connie Neumann In this [...]
  
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• Meeting with Wycliffe Romania

  Posted: July 13, 2011, 1:17 pm by admin

  Photo by Søren Kjeldgaard Before we left Romania, we spent a day with the Wycliffe Romania administrative staff.  They have a small, but growing team.  This team does publicity, church relations, events, processing new staff, and more. Administrators play an important role that is often overlooked because these kinds of roles are not considered font-line jobs.  However, [...]
  
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• All things are possible

  Posted: July 12, 2011, 6:10 pm by admin

  Photo by Søren Kjeldgaard When Petru and Mirela arrived at a small Baptist church in Huedin, Romania, they told the church up-front that they could only make a short term commitment.  They only planned to stay until they were able to go abroad as missionaries. Petru was to be their new pastor.  Not only would [...]
  
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mzalendo :: Eye On Kenyan Parliament

• On Harassment of Protestors

  Posted: July 11, 2011, 6:46 pm by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  There’s the constant debate about whether we as nation are apathetic or just frightened, particularly when faulty government policy is met with silence.  After seeing police fire tear gas rounds, chase down with batons and arrest at least 15 of the people who were peacefully marching to protest the rising cost of living, I tend to think it’s the latter and not the former.

  Just recently armed police stormed the Ministry of the Education and arrested 10 out of 25 activists that were protesting peacefully at the Minister of the Education’s offices, it still not clear what charges if any have been brought against protestors. What happened to the constitutional right to protest?  Under Article 37 of the constitution ‘every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.’ After all the protestors are not defying the will of the Kenyan people they are expressing it.  Look at what they are protesting…the rising cost of living – the country’s inflation was red flagged by the IMF when it hit an all time high of 14.49% in June, the cost of fuel is through the roof, the cost of unga is no longer affordable for the majority – and the theft of 4.2 billion shillings for free primary education. The protests are not an attack on democratic and accountable governance it is a demand for it. It is a refusal by the protestors to be part of the silent in public/noisy in private majority.

  When politicians are wilfully defying the wishes of the electorate, protest is necessary. It is never justified for the police to launch violent attacks on peaceful protestors and that’s not to say that those breaking the law during the protests i.e. looters and vandals should be arrested.  However ,majority of the protestors were peaceful, and dealing with protestors by violently infringes their right assembly.

Postscript

• The Bible smuggler and the informant…almost

  Posted: July 9, 2011, 1:52 am by admin

  Photo by Søren Kjeldgaard Ghiță and Emil are good friends and are both elders at their church.  We listened to them share their stories, today.  They both recalled the days of communism in Romania as the context for their desire to support Bible translation, now. Ghiță was a Bible smuggler for 10 years.  He said that one day [...]
  
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mzalendo :: Eye On Kenyan Parliament

• Ministry of Education – Where does the buck stop?

  Posted: July 7, 2011, 1:29 am by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  In a statement issued by the Minister of Education responding to calls for his resignation he stated unequivocally that he could not compromise corruption with his political responsibility by resigning as minister, that he would be committing political suicide if resigned, he also took the opportunity to point out to his critics that he dealt only with paperwork and not cash.

  The utterances made by the Minister are problematic on too many levels to enumerate. Even if the Minister dealt onlt  with paperwork and not cash as he stated, the ‘disappearance’ of more than 4billion Kshs over several years without detection could hardly have been a hard cash transaction and is one that is likely to have involved a significant amount of paper work and cover up.  Surely the sheer amounts of funds missing and the number of corruption scandals that have taken place in the Ministry under his watch call into account his ability to lead/oversee the running of the Ministry, and as the leader of the Ministry doesn’t the buck stop with him?

  Since Chapter 6 of the constitution on leadership and integrity is the benchmark by to which we hold our leaders to account for their actions it could be successfully argued that the theft of 4.2 billion Kshs for free primary education under the Minister’s watch, means that he falls foul of both Article 73 (1)(a)(iv) of the constitution which states that authority assigned to a State officer is a public trust and requires that trust to be exercised in a manner that ‘promotes public confidence in the integrity of the office.’; and Article 73 (2) which states that the guiding principles of leadership and integrity include (c) selfless service based solely on the public interest (d) accountability to the public for decisions and actions.

  From the continuing protests outside the minister’s Jogoo House offices and the increasing calls for his resignation by the public, the Minister in the exercise of his duties has failed to promote the public confidence in the integrity of the office and in fact has done the opposite. In his refusal to resign citing political suicide it could be called in to question whether he is indeed acting in selfless service based solely on the public interest? Further questions about accountability are raised when the minister passes the buck by stating that he deals with paperwork and not cash and that he is not responsible, if the Minister, who is in charge of the Ministry is not accountable for missing funds under his watch then who is?

Postscript

• In Romania

  Posted: July 7, 2011, 12:41 am by admin

  Photo by Søren Kjeldgaard After two short flights on Czech Airlines and a four hour drive from the airport in Budapest, Hungary, we made it to our next destination: Oradea, Romania. This is the city where Wycliffe Romania is located. It’s in the western part of the old kingdom of Transylvania. Photo by Connie Nuemann We head to another [...]
  
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• Unconventional and unlimited

  Posted: July 5, 2011, 12:12 am by admin

  This is the part of my job that I love.  Yeah, sitting in an office is OK, and I still do that a lot.  But, I love getting out, seeing people, experiencing their lives, working in what sometimes feels like odd places and at strange times of day.  In the photo below, Connie, the writer [...]
  
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• Getting started in Denmark

  Posted: July 3, 2011, 3:07 am by admin

  We flew from Frankfurt to Hamburg, Germany early this morning…and then immediately got into a rental car to drive to Copenhagen, Denmark–the location of our first interview and photos. Connie, our writer on the trip, just got in from the US, yesterday.  Her only chance to do any jet lag recovery, today, was on the plane [...]
  
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• Doing some work in Europe

  Posted: July 2, 2011, 3:28 pm by admin

  It was time for the annual Europe Area meetings, again.  This year we met in Germany, and both of us were invited to attend. The Remote IT Support program that serves both Europe and Africa and for which Jeff is part is led by his supervisor in the Europe Area…which makes Jeff part of Europe Area…and [...]
  
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mzalendo :: Eye On Kenyan Parliament

• List of Kenyan MPs who are refusing to pay taxes

  Posted: June 28, 2011, 7:03 pm by admin

  
  
  

  Dear Wazalendos,

  We have put together a list capturing the names of MPs who are refusing to pay taxes and where possible their public statements, this is for posterity reasons…since we know how kigeugeu our politicians can be.

  Please help us build the list by adding a comment below or emailing us info-at-mzalendo.com

White African

• Summer emoticons and symbols for Facebook

  Posted: June 27, 2011, 5:52 pm by admin

  It’s the time of year when everyone is thinking about the holidays, and that means it must be time for summer emoticons and symbols for Facebook! School is nearly finished, college should be done by now and most people will be updating their Facebook status and messages with news about summer holidays, parties a nd [...]

mzalendo :: Eye On Kenyan Parliament

• MP taxation

  Posted: June 26, 2011, 1:16 am by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  The Kenya Revenue Authority (KRA) announced that in accordance with the constitution MPs will now be required to pay taxes on their income i.e. just like every other income earning Kenyan.  Moreover KRA wants the MPs taxes back-dated to August 2010, the month in which the constitution promulgated, and has threatened to penalise any member of parliament who fails to pay taxes.

  The move is a win for the Kenyan public who have campaigned numerous times for the members of parliament, that they have elected to pay taxes.  However, the implementation of the constitutional requirement that MPs pay taxes has sparked opposition from the members of parliament, in effect dismissing the wishes of the electorate. What happened to sovereignty of the people?

  MP Olago Alouch, Kisumu Town West, has said if the negotiations with the KRA fail MPs could affect proposals in the Akiwumi report, which would allow MPs to increase their basic salary to Kshs1.2 million if adopted.

  However there are a few constitutional hurdles that would invalidate this option:

  First, the new constitution removes from MPs the power to set or review their salary or benefits and puts that decision on the hands of the Salaries and Remuneration Commission [Article 230 (4) (a)].   This means MPs can no longer raise their salaries unilaterally as in the old dispensation. The commission is independent so parliament’s ability to influence it is limited.  Increasing their salary through the adoption of a report would probably be unconstitutional given that this is no longer under the mandate of parliament.

  Second, the Article 210 (3) states no law may exclude or authorize the exclusion of a State officer from payment of tax. This is pretty clear any law that allows state officers not to pay tax is in contravention with the constitution, and would be invalidated by virtue of this contravention.

  It would seem in bad faith for the MPs to act increase their salaries so that increase would offset the cost of the taxes. Let them join the rest of hardworking Kenyans and lets make sure our katiba mpya is adhered to.

• On Ministers holding Positions in Political Parties

  Posted: June 24, 2011, 5:58 pm by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  The head of the Constitution Implementation Commission, Charles Nyachae cited the reluctance of ministers to surrender office in political parties as one of the issues holding up the implementation of the constitution. So what’s the constitutional position?

  Article 77 (2) of the constitution states: “an appointed State officer shall not hold office in a political party.” The clause is pretty straightforward and needs little explanation.

  If this Article came into play immediately it would affect several high level politicians Deputy Prime Minister/Finance Minster Uhuru Kenyatta, Water Minister Charity Ngilu, Internal Security Minister/Acting Foreign Minister George Saitoti, Energy Minister Kiraitu Murungi, Medical Services Minster Anyang’ Nyong’o, Justice Minister Mutula Kilonzo.

  The Prime Minister and the several ministers have disagreed with the Constitution Implementation Commissions position. The Minister for Justice, and Constitutional Affairs Mutula Kilonzo has argued that the provision barring state appointed officers from holding positions in political parties only kicks in after the 2012 elections a position supported by the other ministers involved.  However he has agreed to resign his party position if the other ministers mentioned resign as well.  This opposition is likely based on Article 3 (2) of the transitional and consequential clauses of the constitution.

  This article deals with portions of old constitution that remain operational until the next general election:

  “Sections 30 to 40, 43 to 46 and 48 to 58 of the former Constitution, the provisions of the former Constitution concerning the executive, and the National Accord and Reconciliation Act, 2008 (No.4 of 2008) shall continue to operate until the first general elections held under this Constitution, but the provisions of this Constitution concerning the system of elections, eligibility for election and the electoral process shall apply to that election.”

  The point of contention is the part that reads ‘provisions of the former Constitution concerning the executive’. The provisions of the former constitution that govern the executive do not explicitly mention the conflict that may arise from Cabinet Ministers holding executive positions in political parties, nor does it prohibit members of the executive from holding positions in political parties.  On a whole the old constitution is silent on the matter of whether ministers can or cannot hold party positions and cabinet simultaneously. The ambiguity means the field is open for virtually any interpretation. There’s the argument that instances of silence the spirit of the constitution should be followed.   Fortunately we now have a Supreme Court to untangle the conundrum.

The Lily Review

• What Happened To Kenyan Men?

  Posted: June 21, 2011, 12:20 pm by admin

  The other day, I was watching KTN’s Case files and I couldn’t help shedding tears. This particular story was about a young girl (very young I might add) who killed her baby so that she could have time to care of her ailing father. Though I don’t believe that’s the reason she did it, I feel her pain. She was clearly a child when she had that baby. In addition to being a child physically, she had the mind of a child. Am sure you are wondering why she killed the child?

  According to her, they (including the baby) had not had anything to eat for about 2 days. Do you know that feeling you get when you have gone without lunch? Now imagine what that baby was feeling. So she came up with an “innovative” idea to end the misery, she decided she was going to wake up very early the next morning and throw her baby in the river. Needless to say, the baby died out of shock immediately it hit the water. (If you were brought up in Nairobi, I feel I should inform you that river water is extremely cold in the morning) Like I said, she had the mind of a child. She didn’t even consider how she was going to explain her baby’s disappearance to the villagers who of course knew she had a new born baby. I mean, even those who didn’t know she had a baby must have seen her pregnant; 9 months is a long time.

  Am sure you are all wondering what this has got to do with Kenyan men. I’m I the only one who attended that Biology class where they taught us that for a baby to be formed, sperm must fertilize an egg? So where was this particular sperm donor when his baby who was just a few weeks old was going hungry for two days? I’ll tell you where this guy was. He was at the local bar having some ugali matumbo and keg declaring his sexual prowess to everyone at the bar just incase they hadn’t heard him the previous day! Is this what our Kenyan Men have become?

  Every woman knows that no matter how many birth control pills you stuff into your mouth every morning; there is always the chance that you could get pregnant. But Kenyan men have developed this mentality that they can go around having sex without having to face the consequences. These days when you get pregnant, you don’t even bother telling the man. You just get rid of it or go away to your grandma’s place to have the child. I think the new constitution had a clause that attempted to force Kenyan men to take responsibility for their sperm. (I don’t know. I didn’t read it) However, just in case it is a figment of my imagination, I think this law is long overdue.

  In addition to this, I think there should be a law on statutory rape. Men who think it is funny to sleep with under-aged girls should be dealt with harshly.

  Image credit: ahylton

  Author Bio: Eve is a freelance writer who has been in love with writing since childhood. To this day she spends her leisure time either reading or writing. Her latest project is a blog at www.kenyandating.co.cc
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mzalendo :: Eye On Kenyan Parliament

• Should use of indigenous languages be banned in public offices?

  Posted: June 19, 2011, 1:21 am by admin

  
  
  

  By Moreen Majiwa (@mmajiwa)

  A few weeks ago the media covered an audit report conducted by the National Cohesion and Integration Commission on ethnicity in the civil service.  The NCIC report showed despite the existence of the 48 communities in Kenya 80% of public services is occupied by only 6 communities – ethnicity continues to be an ongoing conversation not just on the street but in parliament as well.

  However , unless you watch parliamentary sessions on TV or were actually at parliament on the 8^th June 2011 you probably missed this..on 8^th June 2011 Maragwa MP Elias Mbau stated that he was: “Concerned that the use of indigenous languages in public offices and national institutions is a major contributor to disharmony, suspicion and discomfort in public offices in the country>”

  He then urged the Government to: “Ban the use of indigenous languages in all public offices, except by Government Field Officers at the level of locations and sub-locations in public barazas, where it is expected that nearly all of the audience understand the local language used.”

  He stated the motion aimed: “to ban the use of vernacular languages in public offices as it causes disharmony and discomfort to those who may not understand a particular vernacular language and might stir ethnic hatred.”

  He used as his main point of reference Article 7(2) of the Constitution that recognizes Kiswahili and English as the official languages of the Republic of Kenya. While the MP recognized that the article 7 (3) provides for the protection and promotion of diversity of the language of the people of Kenya, and the importance that language as tool of communication, as tool of culture and identity. He argued ethnicity had a negative aspect declaring “we have a good proportion of ethnic chauvinists both in this House and outside this House – who are inclined to see only the members of their tribe as people and also denigrate all others as something less.” He went on state that in the workplace and particular in the aftermath of the 2007/2008 post election violence language has been used a way that is exclusionary, discriminatory that fosters conflict.

  Work place diversity is a complex issue when you consider issues of the gender, age, education, background, ethnic group, language adds another layer to the complexity.  What has your experience of use of indigenous languages in the workplace been, positive or negative?  Do you agree with the motion put forward by MP Elias Mbau to ban the use of indigenous language in the workplace? And would it have the intended effect of reducing discrimination and promoting social cohesion?

• Continued graft in the Ministry of Education

  Posted: June 17, 2011, 11:48 am by admin

  
  
  

  By Moreen Majiwa (@mmajiwa)

  What is going on at the Ministry of Education? The amounts as well as the number of discrepancies in the Ministry’s accounts are startling not just because of the sheer enormity the missing/unaccounted for funds, and how long the graft has been going on. But more so because of the long-term implications of such impunity for

  • The children who depend on the public system for education, (which lets face it is most of the Kenyan population)
  • The teachers who are employed in the pubic school system and how they teach.
  • The taxpayers and the donors who pay for the public education system

  According to the newspapers an audit conducted by the Ministry of Finance of the Ministry of Education shows:

  ‘Discrepancies totalling 2.27 billion shillings, which do not tally with the Ministry of Education records and bank account balances’

  ‘1.9 billion shillings failed to reached 512 primary schools for construction projects’

  ‘A further 3.1 million shillings was deposited in bank accounts for schools, which did not have teacher service commission codes implying that the schools were not officially recognised.’ The Minister of Finance has also indicated that identifiable individuals later withdrew amounts.

  This is not the first time that the Ministry of Education has been implicated in grand corruption:

  In 2009 there were reports that Kshs 1.3 million meant for Free Primary Education was misappropriated.  Kshs 75 million meant for the School Equipment Production Unit (SEPU) and Kshs. 83 million meant for Kenya Education Sector Support Programme (KESSP) programmes could not be accounted for.

  In 2010 the Education Minister, Samuel Ongeri was suspended for 3 months over corruption allegations.

  In 2010 United States government suspended a planned five-year, $7-million capacity building program for the Ministry of Education. In December of the same year the UK government announced that it was withholding a final installment of $16 million of a five-year education-funding program that began in 2005. In both cases the funding was pulled over allegations of corruption in the Education Ministry.

  While calling for the resignation of the Minister for Education Samuel Ongeri and his Permanent Secretary Professor James Ole Kiyapi (who has expressed interest in running for president in 2012) to resign KACC Head, PLO Lumumba, notes that the Education Ministry currently has 18 corruption cases pending in the Kenya courts.

  The Minister for Finance has stated that the forensic trail revealed an attempt to cover up the discrepancy through manipulation of the cash books and that evidence also reveals identifiable individual accounts into which the some of the funds have been funnelled.

  Chapter 10 of the Constitution on leadership and integrity is more than just nice words. This audit represents that an opportunity for the government to put in place the appropriate checks, to hold the identified culprits to account, to ensure the return of funds especially where they can be traced and to implement punitive measures that deter and curtail such widespread impunity.

  In the meantime it would be interesting to see the full audit report.

The Lily Review

• 6 pieces of lingerie every woman should have

  Posted: June 15, 2011, 10:00 am by admin

  Let’s be real, men can’t resist a woman drenched in sexy, now add on some irresistibly smoking lingerie and you have putty in your hands. To be honest i can’t blame them. I tend to believe there is something irresistible about a woman in lace, ribbons, leather, and sheer material that will always drive any man crazy.

  Sexy lingerie lets you hold the secret to obtaining complete submission of your man, while opening the door to your sexual intimacy. For this reason, it is essential for every woman have specific lingerie items in her knickers drawer.

  Lingerie is a fact of life. But it isn’t a fact that shopping for it has to be a chore. There are 6 lingerie essentials that every woman must have. Whether it’s a fancy evening out, or a relaxed afternoon indoors, these 6 pieces are absolute time savers.  So if you’ve ever felt like you just didn’t have the right thing to wear under your clothes,this article is definitely meant for you!

  First up lets talk Bra’s. There’s nothing like knowing that your twins are looking their best for a confidence boost! Remember that your underwear provides the foundations for your outerwear and so you need to think about which bra is appropriate for what you are wearing.

  1.  Seamless panties
  There is nothing i find disruptive and un-ladylike as visible panty lines. With that said, its definite that seamless undies are the way to go.

  2. T-shirt Bra
  We all need one of these don’t we?? T-shirt bras are perfect for wearing under anything tight, close-fitting, or thin.  Because the bra is constructed of one, seamless piece, you won’t end up with those annoying boob-shaped lines under your clothes.  Plus, the moulded cups make makes it a great piece for evening wear and shaping without adding padding or bulk.

  3. The Nude Bra
  The one thing i see almost every day on the streets of Nairobi is women wearing a white bra underneath a white blouse or top. Some think it’s sexy maybe it is all the same this brings us to the second must have. The nude bra.

  Contrary to common belief, the nude bra is a wardrobe essential for women of all skin tones. Many people equate nude with one beige or tan shade, but, in reality, nude is whatever matches your skintone. This is a perfect on for when you want to wear your light or white colored clothing.

  4. The Multiway Bra
  The Multiway bra is the third must have. In this day and age of women’s fashion changing practically on a daily basis, it would be obvious to say that not all your clothing has sleeves or straps thus its needless to point out that your normal everyday bra just won’t cut it.

  We all need a convertible bra, there is no two ways about it. The best convertible bras are able to accommodate strapless, halter, and low-back styles with some brands even having crisscross or one shoulder options another tip is to look for a bra with a deep, plunging front, which is perfect for v-necks.

  5. Shapewear
  Lets be honest not all women were blessed with curves in all the right places, but what we were blessed with is shape wear. Why?? Shapewear smoothes, firms, and most of all shapes giving you the picture perfect hourglass figure whenever you need it. They come in different types from the slimming tank to the high waist thigh shaper, not only are they pretty but functional as well.

  6. Sexy Babydoll
  You can not say you have lingerie unless you have that one sexy babydoll that hits him right in between the eyes & you have him eating off the palm of your hands. However, much as we all want that sexy little number you have to consider a couple of factors.

  First of you need to think comfort. There is no way you will turn your man on if you are fidgeting with lingerie straps that are not the right fit of worse yet a lingerie outfit that does not fit altogether.

  Consider the purpose for which you would like the piece to serve. Are you looking for something with a theme, hence lingerie costumes or is it just a piece that you can slip anytime of day & whip up some serious magic. It should be soft, simple and above all else flattering.

  I hope this article helps you with your lingerie purchases, both now and in the future.

  Written by Edith who runs the Nairobi Secrets shop in Nairobi. Visit the store’s website here www.nairobisecrets.com
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mzalendo :: Eye On Kenyan Parliament

• Supreme Court 101

  Posted: June 12, 2011, 1:24 am by admin

  
  
  

  By Mzalendo Contributor Moreen Majiwa (@mmajiwa)

  It’s been a busy week for judicial reform – the parliamentary vetting committee vetted the Public Service and Judicial Service Commission nominees for the positions of Chief Justice, Deputy Chief Justice and Director of Public Prosecutions. The COIC approved the candidates (the candidates will now wait for the approval of parliament before they are confirmed). Parliament approved the Supreme Court Bill without amendments (the bill now awaits presidential assent). The Judicial Service Commission is now in the process of whittling down to 5 the 26 candidates  (10 of whom are women), shortlisted for the positions of the Supreme Court Justice.

  Though the constitutional deadline for the Supreme Court is not until the 26^th of August this year, given the controversy over interpretation constitutional issues e.g.

  • The initial presidential nominations of candidates for Chief Justice, Attorney General and Director of Public Prosecutions
  • When the next elections should be held, August 2012, December 2012, February 2013
  • Whether or not the Finance Minister should have read the budget etc, etc.

  Some would say the say the formation of the Supreme Court not only much needed but is overdue as well.

  So what exactly is the Supreme Court? The Supreme Court will be Kenya’s new top court. All courts, other than the Supreme Court, are bound by the decisions of the Supreme Court 163 (7).  It will be headed by the Chief Justice and will have six other judges but will require only five judges to sit at any one time.

  The Supreme Court will hear appeals from the Appeal Court and any other court or tribunal as prescribed by national legislation. Though it will be able to determine its jurisdiction i.e. what cases to hear. Kenyans do have the right to appeal to the Supreme Court particularly with regard to constitutional matters or rights. So, if your rights are violated and you dissatisfied with the Appeal Court’s decision, your case must be heard by the Supreme Court. The potential for strategic litigation, and formation of new jurisprudence through the Supreme Court is immense.

  The Supreme Court will also have two other specific roles: It will have exclusive original jurisdiction to hear and determine disputes relating to the elections to the office of President. In layman’s terms disputes regarding the election of the of President go directly to the Supreme Court, which will then be required to resolve the dispute within 14 days.

  The Supreme court will also give advisory opinions on matters concerning county governments i.e. if there is uncertainty about which arm of devolved government is responsible for a particular function or about funding continue the Supreme Court could be asked for an opinion).

  Article 14 of the recently approved Supreme Court Bill also gives the court a ‘Special Jurisdiction’ to within 12 months of the commencement of the Act review the judgments of any judge, removed by a presidentially appointed tribunal, or by the vetting process or who resigns or opts to retire as a result of a complaint of misconduct, or misbehaviour.

• Parliamentary Vetting of the DPP

  Posted: June 10, 2011, 7:04 pm by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  Of all the vetting performed by parliament on Tuesday, the most interesting was the vetting of the Public Service Commission nominee for Director of Public Prosecutions Keriako Tobiko. Why? The Judicial Service Commission’s process of choosing, vetting and nominating of candidates for Chief Justice and Deputy Chief Justice was a pretty open process and all the interviews were publicly televised.  The process through which Public Service Commission chose and nominated Mr. Keriako Tobiko was not, for the public who were shut out of this seemed like the an initial first vetting of candidate. The almost three hour interview was intense, while most of the parliamentary vetting panel seemed to acknowledge Mr. Tobiko as being highly qualified for the post both academically and in terms of intellect, they raised serious questions about the record of failed prosecutions carried out by the department of public prosecutions under his watch as well as questions that went to the heart of the nominees character and integrity.

  MP Ababu Namwamba raised issue with the process through which Mr. Tobiko was nominated as well as sections public’s perception of the nominee as a ‘systems man’ and ‘master of inertia’ particularly when it came to prosecuting large scale corruption against cases against Kenya’s political elite. Several members of the panel brought up the recent acquittal of Eldoret North MP William Ruto in which the prosecution failed to call a pertinent witness as an example. MP John Mbadi asked targeted questions about the number of prominent persons that the Mr. Tobiko had successfully prosecuted over corruption allegations. He also queried the nominee’s appropriateness for the job considering that the National Assembly had adopted a report that had mentioned the nominee adversely in connection with the Anglo-leasing case.   Other issues that came up were the nominees conduct during his tenure at Constitution of Kenya Review Commission (CKRC), the allegation by suspended Local Government MP Sammy Kirui that Mr. Tobiko attempted to solicit from him a bribe of Kshs. 5million. MP Millie Odhiambo raised issues of conflict of interest and abuse of office.

  While the DPP nominee admitted the sub-par success rate with regards to prosecutions, he valiantly defended him against allegations that went to his character. However given the extremely powerful position of the DDP as envisioned by Article 157 of the new constitution do you think issues that came up during the parliamentary vetting of Mr. Tobiko raised serious questions about his suitability for the job?

Postscript

• IT Training

  Posted: June 10, 2011, 8:04 am by admin

  Jeff’s in Nairobi, Kenya this week for an event called IT Connect.  Computer support staff who support Bible translation and administration teams for several African countries are participating. This picture above shows the group listening to a presentation on maintaining the specialized translation and linguistic software used by staff in translation and literacy programs.  Some of [...]
  
  [Visit Postscript to see the rest of this post]

• God’s at work

  Posted: June 8, 2011, 9:46 am by admin

  More from my trip to Ethiopia in March… Bible translation work goes beyond the translation of the Bible itself.  We want to see people actively engaged with scripture using what they learn to help them with the difficulties they face, so other materials are often also translated. One challenge faced by many communities in Africa is how [...]
  
  [Visit Postscript to see the rest of this post]

mzalendo :: Eye On Kenyan Parliament

• On the Kenya govt ICC case

  Posted: June 7, 2011, 2:56 am by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  On Monday the pre-trial chamber ruled unanimously that the government had not embarked on any investigations and dismissed the Kenyan Government’s case. Earlier in the year after the expensive failure of shuttle diplomacy, the government made application challenging admissibility of the two Kenya cases at the International Criminal Court. The grounds of challenge were that Kenya is on the path of constitutional and judicial reform and can therefore investigate and prosecute those most culpable for the post election violence.

  In evidence of this the government’s application had as annexures:

  • A letter from the Attorney General to the Police Commissioner asking him to investigate and determine the identities of those who masterminded the violence.
  • A list of concluded cases which related to crimes during the post election violence,
  • The promulgation of the new Constitution,
  • The number of Bills that had been enacted by Parliament to reform the judiciary, the police and the Department of Prosecutions.

  In my opinion these 4 elements were probably the strongest part of the governments case but also most the problematic. As well as revealing of weakness not only in the claim of ongoing reforms but also to the claim that Kenya is as a result of the reforms ready willing and able to investigate the six ICC suspects.

  The letter from the Attorney General to the Police Commissioner ordering him to investigate the crimes was written the day after and the government filed its case. Which makes me wonder about the political will to investigate the masterminds of the election violence considering the crimes took place more than three years. Regarding the list of concluded cases relating to post election violence it would be interesting to see where these have been reported? The Pre-trial Chamber stated that the government ‘failed to provide the Chamber with any information as to the conduct, crimes or incidents for which the suspects are being investigated or questioned’

  We did promulgate a new constitution however the implementation has been slow at best and fraught with inter-party wrangles, missed deadlines, and confusion over interpretation. So though the constitution was promulgated given the pace of implementation and the seeming roadblocks and confusion at every stage it will be a while before reforms realised. As far as the number of the Bills of enacted, its amazing that this was a submission to support the fact that Kenya can try the ICC cases considering when only two constitutional bill had been passed at the time of the application.

  Of course the AG has already stated Kenya’s intention to appeal the decision, in accordance with article 82 (1)(a) of the Rome Statute and rule 154.1 of the Rules and Procedure and Evidence, though on the points on which the appeal will hinge are unclear. Either way, the government has five days to launch the appeal.

Postscript

• The Guji-Oromo Worship God

  Posted: June 6, 2011, 7:17 am by admin

  I visited a small church in a remote town called Chambe in southwest Ethiopia in March.  This choir was composed of more than half of the church.  Beautiful music, enjoy! Millions of people speak the Guji dialect of the Oromo language of Ethiopia.  A translation of the New Testament was completed recently, and the translation team [...]
  
  [Visit Postscript to see the rest of this post]

mzalendo :: Eye On Kenyan Parliament

• On the Okemo / Gichuru UK case

  Posted: June 3, 2011, 2:08 pm by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa

  One can only imagine what a roller coaster month its been for Nambale MP Chrysanthus ‘Chris’ Okemo and former KPLC head Samuel Gichuru.  On April 20, 2011 the Chief Justice of the Island of Jersey issued warrants of arrest against the two on charges of fraud and money laundering. The two were required to appear before the court in Jersey on May 5^th 2011.  From the events that have transpired since, it safe to assume that neither appeared.

  On Monday 23^rd May 2011 Henry Bellingham the UK Minister for Africa met with Attorney General Amos Wako and requested the AG execute the warrants.  On the same day the AG handed the warrants of the arrest to recently reinstated Director of Public Prosecutions, Keriako Tobiko, to determine whether there is a case for extradition.   The MP Chris Okemo and Samuel Gichuru have been listed on Interpol’s online databases for having a red notices requesting the location and arrest of the two. (Red notices allow warrants to be circulated worldwide with the request wanted persons be arrested with a view to extradition.)

  The DPP has stated , concerning the extradition,  that ‘the request to extradite the two Kenyans will be processed in accordance with our (Kenya’s) extradition laws and procedure and strictly in accordance with the due process of the law’ and the AG has said that he will only extradite the two if the DPP finds that the two have a case to answer in law.

  Legally the two main requirements for extradition are an extradition treaty and that dual criminality exist. Dual criminality requires that in order for an extradition to be successful the crime in question must be a crime not only in the requesting country but also in the country where the person being extradited is residing at the time of the extradition request. The DPP will now look at the documents turned over to him and assess in law whether there is a case to answer.

  The ball is firmly in the DPPs court as far as making the determination is concerned. It is worth noting that his reinstatement sparked controversy regarding his record of  prosecuting cases against leaders. It will be interesting to see what determination he will make given the fact extradition law and policy is vague and ill defined. Whatever decision the DPP makes the political implications will be powerful. What signals would Kenya be sending about its fight against corruption if it refused to extradite the two? Similarly would Kenya be giving mixed signals about the application of justice to the rich and powerful, and to poor? Remember the rendition of Kenyan suspects to Uganda.

  Also, what are the implications for leadership? MP Chris Okemos is currently the chair of the Parliamentary Select Committee, and sits on the Parliamentary Service Commission considering the issue of warrants and the constitutional requirements concerning leadership and integrity will he resign these positions?

  Depending on how the matter develops there may be implications for asset recovery, repatriation of misappropriated funds that are in accounts abroad and how wealth declaration by leaders is conducted.

  Needless to say we are watching.

Postscript

• Viewing the world…from your desk

  Posted: June 1, 2011, 2:23 pm by admin

  Jeff continues to serve people in Europe and in Africa with IT support.  It’s amazing how using remote technology, Jeff can access and maintain computers in so many different countries. In this picture he’s working on a colleague’s computer in Sweden.  That’s her computer you see on Jeff’s screen.  He’s accessed it remotely, and he’s using [...]
  
  [Visit Postscript to see the rest of this post]

mzalendo :: Eye On Kenyan Parliament

• On the Budget – What should happen under the new constitution

  Posted: May 27, 2011, 11:17 pm by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  The Ministry of Finance and Treasury have been getting a lot of press recently a majority of it
  negative.  The latest debacle is the uncertainty over when the budget will be presented before
  parliament and the process that it should go through before this happens.

  In the same week that Finance Minister Uhuru Kenyatta stated with precision the time and date
  of the reading of budget speech for the fiscal year 2011/2012 i.e. 3.00 p.m. 8th of June 2011. The
  Parliamentary Budget Committee announced that in making the statement the Minister is not only
  acting under the old constitution but is attempting to subvert the new one.

  While the old constitution gave the Executive near sole discretion over budget preparation and
  expenditure management the new constitution changes the system and structures through which
  the budget presented. Under the old constitution the budget was prepared by the Treasury in an opaque
  process and then read to public on a designated day.  The new constitution requires that the
  Cabinet Secretary submit estimates of the revenue and expenditure of the national government
  for the coming financial year to parliament at least two months before the end of each
  financial year 221 (1).  The National Assembly then considers the estimates of revenue and
  expenditure, a committee of the Assembly then discusses and reviews the estimates and makes
  recommendations to parliament, with input from the public 221(4).  The Committee then tables its
  report before parliament, which then debates the report and recommendations and decides either
  to adopt or reject it.

  In effect Article 221 reduces the power of the Treasury and increases the power of parliament
  to decide how to spend government funds. However, the constitution also leaves a lot of the
  detail to be worked out through implementing legislation and requires the establishment of new
  structures for discussion and approval of the budget. So while the new constitution is clear on the form and process of the presentation of the budget in the new dispensation,  it is silent on how and when this new system is to be made operational and
  hence the confusion that now exists.

  At this point an argument can be made that much of the implementing legislation and structures
  required to transition to the new budgetary process are yet to be made. Further the constitution
  refers a ‘Cabinet Secretary’ as opposed to a minister this would imply the Article 221 of constitution
  would be effected after the first election under the new constitution when Cabinet Secretaries will
  be in place.  Over the next 2 weeks it will be interesting how this tension is resolved and what form the
  budgetary process will take.  Since the Supreme Court that is supposed to resolve constitutional
  issues is yet to be set up, may be the Constitution Implementation  Commission should step in.

• Ikolomani By-Election: The experience of an Election Observer

  Posted: May 25, 2011, 11:37 am by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  There are probably a lot of good things that can be said about the Ikolomani by-election.
  Electronic registration made for quick identification voters and it also made it possible
  for the officers to identify voters who were registered at more than one polling station
  and in so doing reduce rigging. Professionalism of the Interim Independent Election
  Commission (IIEC) officials seemed to make the by-election a faster and more pleasant
  particularly with the high voter turnout which is unusual in by-elections.

  However the by-elections were not without controversy, particularly over campaign
  financing and allegations of voter bribery, and this raises the issue of the role money
  plays in elections, especially in the lead in up 2012.

  The Institute for Education and Democracy (IED) had a team of election monitors on the
  ground a month before the by-election and election observers on the ground a day before
  the actual poll began.  In a briefing between the two teams, the poll observers asked the election monitoring
  team the major issue on which they thought the election would hinge. The election
  monitors unambiguous response was money.

  The link between election campaigns and the dolling  out of money by political candidates seems to have become the norm. One that is so ingrained in the
  public consciousness that even very young children mimic what they see. On the
  day of the election while the convoy of observers drove from one polling station
  to the next, children who couldn’t have been more than ten, ran beside the convoy
  shouting ‘Campaign Leta Pesa’ (campaign bring money).

  In any election two things are true candidates need votes, certainly to win an election or
  in this case a by-election, and because of high levels of poverty a majority of the voting
  public require money for their immediate needs. This has created a dynamic in which the
  way campaign funds are used distorts the proper democratic process leading to a situation
  where voters sell their votes and electoral fidelity for short-term financial compensation.
  Effectively selling long-term developmental outcomes for immediate short-term financial
  compensation.

  During any election period candidates need votes, voters demand is high therefore the
  stakes are higher and voters get more money for their votes, of course the money never
  lasts for the five years between elections. After the elections demand for votes is low,
  voters already having sold their vote have little to bargaining power and lose the moral
  authority to hold their members of parliament to account. Issue based elections and
  campaigns are eschewed in favour of candidates with money.  Additionally candidates for
  election have had to offer more and more and more money to entice voters to their camp,
  and no question is asked as to where the money is coming from.

  Even where money distorts democratic process voters are still making a choice between
  candidates, but the choice is no longer based on rational, fair and equal examination of
  competing policy issues. This may be something we want to think about in this period
  when the electoral laws are being drafted.

Postscript

• Finding things in common

  Posted: May 23, 2011, 5:00 pm by admin

  One of the dreams I developed after we arrived in Africa was to find ways to work together with communications professionals from other organizations.  When the idea first came to mind, I didn’t know where to begin. I prayed.  I asked God to help me find where these people were. God answered. In circumstances I wouldn’t have expected, [...]
  
  [Visit Postscript to see the rest of this post]

mzalendo :: Eye On Kenyan Parliament

• Missing Billions…

  Posted: May 20, 2011, 8:31 pm by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  By now anyone  watching new or reading the newspaper knows of
  the billions of shillings missing from/unaccounted for from the Treasury’s 2008/2009
  budget. The Mars Group highlights deficiencies in the governments accounting systems
  in its report ‘Revenue Accounting by the Government of Kenya: Unsatisfactory State
  of Affairs.’ It highlights the fact that only 1 out 14 revenue accounts has been fully
  certified, and uncertified revenue totals 714 billion shillings.

  The never-ending corruption scandal government continues. It is no wonder that
  Transparency International’s 2010 Corruption Perceptions Index ranks Kenya as one of
  the most corrupt countries in the world.

  In December last year, the Ministry of Finance stated that the country is losing a third
  of its national budget to corruption annually i.e. 4 billion shillings. From the reports on
  corruption the amounts lost are probably much higher.

  In the most recent scandal 105 billion shillings that is unaccounted for in the 2008/2009
  budget. Both the Minister of Finance and the Assistant Minister had been censured
  for failure to attend parliamentary sessions in which they were to issue a statement
  in explanation. When the Assistant Minister did attended he stated that the matter
  was under investigation by a parliamentary and therefore could not be discussed. A
  response that is unsatisfactory but at the same time in keeping with status quo, in which
  corruption scandals seems to met an unsatisfactory resolution, and in which there is
  very little accountability…

  Past scandals which still remain unresolved and in which billions or millions were lost;
  Anglo Leasing Scandal in which 56.3 billion shillings lost, the 4 billion shilling Grand
  Regency scandal; The Triton scandal that saw the unauthorised release of oil by Kenya
  Pipeline Company and in which Triton was allowed by KPC to withdraw oil amounting
  to Kshs. 7.6 billion, Goldenberg which cost more the 10% of the country’s annual GDP,
  the irregular transfer of 10% of Telkom shares worth tens of million, the irregular
  transaction in which government of Kenya sold its 50% stake in Safaricom in an IPO,
  the theft of Kshs 300 billion by Moi and his cronies highlighted in the 110-page Kroll
  Report, the missing funds for Free Primary Education, the scandal over the funds for
  resettlement of internally displaced persons, the maize scandal in which no less than
  four government ministries were implicated, and the list seems endless…

  In all these scandal government ministries and by extension the people who run them
  have been implicated very few prosecutions have taken place the few that have taken
  place have been unsuccessful.  Its no wonder KACC wants corruption declared a national
  disaster.

• Resistance to the JSC nominees

  Posted: May 17, 2011, 7:49 pm by admin

  
  
  

  Given the low public confidence in the judiciary, a situation that has been on going for a while now, one would imagine a break with the past is not only necessary for reform but also welcome.  The Judicial Service Commission’s nominees for the positions of Chief Justice, Dr. Willy Mutunga, and Deputy Chief Justice, Nancy Baraza, provide just that. Neither has sat on the bench, and their qualifications and record as reformers is exemplary.

  Though initially celebrated in the few days since the announcement of the nominations, resistance to the nominees seems to have built and gained momentum at an alarming rate among the some sections of the clergy and political establishment.

  The clergy stated its reservations as to the suitability of the nominees on the basis of their values and beliefs. Lawyer Harrison Kinyanjui has moved to court to seeking an order to stop deliberation, debate, confirmation, appointment or recognition of the JSC nominees arguing that the nominations contravene the constitution in process and number of names submitted.

  However nowhere in the constitution or the Judicial Service Act 2011 is there the requirement that a specific number of names be forwarded to the principles for consideration. Nor does either preclude the submission of just one nominee for each of the positions.

  The constitution simply states that the President shall appoint the Chief Justice in accordance with the recommendation of the Judicial Service Commission, and subject to the approval of the National Assembly, Article 166 (1) (a), no mention of numbers.

  Section 166 (3) of the constitution does state that the Chief Justice shall be appointed from among persons who that have the requisite qualifications. Article 172 (1) (a) of the constitution states that one of the functions of the JSC is to recommend to the President persons for appointment. Though both provisions speak in the plural when they refer persons recommended by the JSC for appointment neither of sections rule out the recommendation of just one nominee for each of the positions, or require that the JSC forward a certain number of names.

  With regards to the process and the allegation of lack transparency on the process of the selection of nominees Section 14 of the First Schedule of the Judicial Service Act 2011 outlines the procedure and criteria used by the JSC in choosing the nominees.

  The process is that the commission deliberates and nominates that most qualified applicants taking into account gender, regional, ethnic diversity, 14 (1). Each member votes according to his/her personal assessment of each of the applicants’ qualifications 14 (2). Voting is complete after all the applicants have been considered and all members of the selection panel have voted, 14 (3). In order to be nominated an applicant shall be required to receive three or more affirmative votes 14 (5). It is plausible that this process could have yielded just one nominee for each of the positions.

  The opposition and reservation towards the nominees seems to be based on peripheral tenuous arguments and not on the requirements of the law or merit, competence, qualifications or the ability of the nominees to reform the judiciary.

  It is worth also noting, as the names have already been submitted to the principals that Section 16 of the First Schedule of the Judicial Service Act 2011, which deals with requests for additional names or reconsideration of nominees, is very specific in stating that the commission shall not reconsider its nominees after the names are submitted to the President except in cases of death incapacity or withdrawal of nominee (s).

Postscript

• Remembering a Life Well Lived

  Posted: May 16, 2011, 4:23 pm by admin

  We were able to get home for my dad’s funeral and memorial service and spend some extra time after the events with my family.  Sadness mixed with joy throughout our visit. It was good to be able to be home. My dad finished well. I’m thankful that his battle with cancer is over. I’m proud of how he allowed [...]
  
  [Visit Postscript to see the rest of this post]

mzalendo :: Eye On Kenyan Parliament

• What’s Happening at Kenya’s Borders?

  Posted: May 13, 2011, 1:15 am by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)
  

  There’s a saying that goes ‘good fences make good neighbours’. If the saying is true what do goings on at Kenya’s borders and borderlands say about the quality of our fences and neighbours they make?

  On Tuesday this week protestors marched to parliament after more than 40 people from the Turkana community were killed and another 100 injured in attacks by Ethiopian militia. The massacre as, people have referred to the attack, took place in the town of Todonyang in Northern Kenya border with Ethiopia on the 2^nd of this month.

  The protestors demanded urgent and expeditious deployment of the army to Turkana, to safeguard the security of local residents from recurring attacks by Ethiopian, Ugandan and South Sudanese militia.  The incursion in Turkana is the latest what seems to be an increasing number of the incursions into Kenya by foreign troops, bandits or armed militia. In the last 20 months there have been no less then 10 incursions into Kenyan borders by foreign forces.

  Currently:

  • The Ugandan Armed forces still occupy Migingo Island and last week they extended their occupation to Ugingo Island also on the Kenyan side of lake Victoria, the government is yet to respond to the latest incursion either diplomatically or otherwise.
  • In the last two years there have also been repeated reports about attacks by Uganda Peoples Defence Forces (UPDF) in parts of Pokot, particularly in Kacheliba and raids by Ugandan security forces in Sigulu in Budalang’i.In 2010 Somali militia linked to the terrorist group Al Shaabab made six incursions into Kenyan territory.
    
  • This year there have been incursions by Somali militia in the North Eastern Towns of Liboi, Moyale and Mandera. Earlier in the year MPs from North Eastern Province Aden Adualle (Dijui’s), MP Mohamed Hussein Ali (Mandera East) and Mohamed Affey (nominated) demanded the government act on the growing incursions in the North Eastern Region.

  This week the Ministries of Internal Security, Foreign Affairs and the Ministry of State of Defence came under fire for failure to protect the borders. Saboti Member of Parliament Eugene Wamalmwa moved a motion for the House to set aside regular business to discuss the attacks as an issue of national importance. Several parliamentarians made strong remarks in support of the motion.

  In putting the motion Saboti member of parliament declared parliamentarians were reminding the Government of its cardinal duty to protect the citizens of the country stating ‘Kenyans are beginning to ask: Really, are we in Kenya? Are we citizens of this country? Are we entitled to the protection of the Constitution of Kenya or should we be subjects of Uganda or Ethiopia?’

  MP Nicholas Gumbo also criticized the government over its indifference over state of security at the borders stating that the ‘political leadership in this country that does not seem to care about our territorial integrity. We have 40 million Kenyans to protect. We must decide whether we are going to continue to allow our country to be a play-ground for all forms of militias, ragtag armies and formal armies in the neighbourhood.’ MP Martha Karua raised the issue of the 5 billion shillings in the recently passed supplementary budget for enhanced security and whether or not the additional funds are being used effectively to prevent incursions.

  No doubt the issue of security particularly for a country like Kenya, which is surrounded by unstable neighbours, is an issue more complex than just making better fences or guarding the fences that we have better. Would there be fewer incursions if the borders were better policed? No doubt the people at the borders would like to see.

  *It is worth noting that Professor George Saitoti jointly heads the Ministries of Foreign Affairs and Internal Security, after MP Moses Wetangula was suspended from his position as minister of Foreign Affairs. Questions should be asked whether it is possible for one minister to effectively run these two immensely huge and important dockets simultaneously, and what the implications of this are on both security and diplomacy?

• Thoughts on the Chief Justice Interviews

  Posted: May 11, 2011, 4:37 am by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  8 out of the 10 applicants for Chief Justice, most of whom are sitting judges of the Court
  of Appeal have been interviewed; Alnashir Visram, Lee Mutonga, Samuel Bosire, Riaga
  Omollo, John Nyamu, Kiplana Rawal, Paul Kihara and Dr. Willy Mutunga,

  The ongoing public interviewing of candidates for the position of Chief Justice represents
  several firsts for the country in terms of competitive applications for the position as well as
  the public scrutiny in the selection of a Chief Justice.

  Under the old constitution the president selected and appointed the Chief Justice
  in a closed door process with the public having little or no information on the selection
  procedure.  In this new dispensation the interviews for the next Chief Justice are being televised
  live, giving any Kenyan with a television a metaphorical front row seat at each of the
  candidates’ interviews.

  Its been interesting to see candidates responses to questions on temperament, former
  judgements, contact with litigants particularly powerful ones, past actions, wealth,
  academic and professional records.

  So far the interviews elicit two varying views. Some have described the interviews as
  intimidating, humiliating and unfair to the candidates, while others have hailed the public
  interview process as one that was way overdue.

  The process has been rigorous and rightfully so. The Chief Justice, the highest ranking
  member of judiciary and its head, will be in charge of reforming an institution in which
  many Kenyans lost faith. No mean feat in country where most feel justice is not expedient
  or is only for the powerful or rich.  A judiciary with little popular legitimacy is spells trouble not only in terms of delivery
  of justice day to day, but also in times of national crises; After the disputed presidential
  elections in 2007 neither side had enough faith in the judiciary to seek judicial
  intervention to decide the issue and currently less than half of the population trust the
  judiciary to try the post election violence suspects.

  Changing the public perception of the judiciary’s ability to deliver justice will require
  a person who not only has the necessary technical expertise, but one who has expert
  leadership and administrative skills as well as the highest levels of integrity. In a system
  where there has been very little scrutiny of judges and where their conduct or decisions
  are rarely questioned for fear of reprisal. Finding such a person can only be achieved
  through a thorough and painstaking process in which there are bound to be difficult and
  sometimes embarrassing questions about past actions, and judgements etc.

  In my opinion the public interview process is good for accountability, transparency and
  encouraging public participation in the search for the next Chief Justice and will certainly
  go some way in restoring the publics confidence in the judiciary. In fact more holders of
  high-ranking public offices should go through a similar process.

  Are you following the interviews? What do you think?

• Cabinet Reshuffle?

  Posted: May 7, 2011, 1:41 pm by admin

  
  
  

  The issue of the size of the country’s cabinet is a not a new one, and has drawn
  protest from taxpayers since Grand coalition government established the 42
  member cabinet in 2008. Kenya’s cabinet of the 40 ministers (less 3, the minister
  for higher education, minister for industrialisation and minister for foreign affairs
  are currently under suspension) is rivalled only by the cabinets of Pakistan that
  has 55 ministers and Sri Lanka, which has 53.

  Rumours about an impending cabinet shuffle have been rife many have hinted
  that this could be a chance for the President and the Prime Ministers to cut down
  Kenya’s bloated cabinet. However the Prime Minister’s public reluctance to cut
  down the size of cabinet was evident in his speech in parliament in which he
  stated that a smaller cabinet would not necessarily reduce the costs, tax paying
  citizens may argue differently.

  At its current size (salaries of 40 ministers, 80 assistant ministers + benefits,
  allowances not to forgetting salaries and benefits of the President, the Vice
  President and the Attorney General) the Cabinet costs the taxpayers upwards of
  2 billion shilling per year.

  Political analysts have linked the impending shuffle to 2012 politics and the
  creation of new alliances and the maintenance of old ones, rather than a desire
  to reduce the size of cabinet or the burden of cost of such a large cabinet to
  Kenyans.  If there a change in cabinet in the offing it would be worth while for the two
  principals to keep the spirit of constitution which limits the Cabinet to a minimum
  of 14 and a maximum of 22.

  Technically the new style cabinet as envisioned by the constitution (i.e. a lean
  cabinet, in which positions are no longer used to attract political support or
  reward cronyism, as cabinet secretaries (ministers) are no longer drawn from
  members of parliament and members will be required to relinquish their seats if
  appointed to cabinet positions and in which appointment is no longer exclusively
  done by the president) does not actually start till after the next election in 2012 its
  never too early to start implementation especially with regard to numbers.

The Lily Review

• Kenya Honeymoon Experience: Where to Go, What to do

  Posted: May 5, 2011, 10:00 am by admin

  There is something special about a Kenyan honeymoon, special by way of the romantic experience; the places you will visit and what you will actually do while enjoying your honeymoon.

  From romantic safaris to the lovely Kenyan Villas and the all unique colonial lodges, Kenya has what it takes to accord you a honeymoon like no other, and don’t forget the picturesque scenery that will drive your love to a blend of laughter and memories to make your union hot and alive even long after your honeymoon.

  Some of the places worth enlisting in your Kenya Honeymoon calendar include the Maasai Mara, Samburu Buffalo Springs plus lakes like Bogoria, Nakuru and Baringo. You can also visit a number of national parks including the Nairobi National Park where you will see a number of indigenous game like the Black Rhino which lives in the park throughout the year. Almost all small lodges and camps in Kenya have special honeymoon tents with maximum privacy plus personalized services.

  Lamu is hailed as one of the best honeymoon destinations in Kenya; it is calm with enough beaches and nice people with a rich culture. If one of the rules you have set out for your honey money is a vehicle-free environment then you will have it all in Lamu; you will use luxury dhows and donkeys to make your movements around. Sailing around Lamu mangroves and archipelago will open you to a natural world of irresistible happiness-the experience is purely natural.

  Traveling from Mombasa to Lamu is a moment you just need to test; stop in the smaller towns and buy food from the local shops and vendors along the way-this is where you get a chance to interact and say Jambo or Habari (meaning “how are you doing?”). You will have fun as the locals explode into laughter when they discover that you are struggling to bring out the Swahili words!

  Article by Linda Akware, is a certified wedding consultant at the Kenya Wedding Centre.

  Image credit: Wikipedia
  You might also like:

  • When the honeymoon phase is over

  
  

mzalendo :: Eye On Kenyan Parliament

• Report from the Media Roundtable

  Posted: April 30, 2011, 12:40 am by admin

  
  
  

  By Mzalendo Reporter – Moreen Majiwa (@mmajiwa)
  

  This was my second visit to the media roundtable on media reporting on the ICC at the Alliance Française. The panellists this round were John Mwendwa of K24, Alex Chamwada, Evelyn Kwamboka and Harun Ndubi the only non-journalist on the panel.

  The media round tables are intended to generate debate around media coverage of various issues and enhance media accountability.  In an environment in which accountability and transparency are like gold i.e. scarce, it is admirable that members of the media establishment would hold public forums that open them up to scrutiny of the sharp-eyed public.

  While it is generally agreed that the media’s coverage of political issues has improved since the coverage of the 2006-2007 election campaigns, election chaos and ensuing post election violence it was evident at the roundtable that the media establishment still faces a storm of criticism over its informative yet sometimes mishandled coverage of the trial of the 6 ICC suspects.

  From the roundtable the consensus seems to be that despite the improved quality of coverage of the ICC, the media has once again succumbed to the politics of the day, negative ethnicity, and is currently being manipulated as tool for 2012 campaigns.

  The result – while media is doing well the performance of its duty to convey information to Kenyan’s on the ICC process, it is doing less well in its duty to propagate truth. The impact – media coverage of the International Criminal Court (ICC) trial is skewed heavily towards what the ICC means for different politicians, what it means for political careers, what it means for the future of political parties as opposed to what the ICC process means for justice, and its implications for a just prosperous Kenya.

  It was however acknowledged it would be difficult to divorce the coverage of the ICC trial from politics given the context.  5 of the suspects are prominent political figures, 2 of the suspects are also members of the Cabinet, 3 are also members of parliament, and 2 of the six have declared their intention to run for president in 2012.

  Another issue that was raised was the issue of ownership of the media – who owns the media outlets? What personal, professional and financial ties do media owners have the various persons in the political establishment?  How does this impact direction of stories carried by the media, and affected the media’s ability to hold politicians to account.

  It may be simple to point an accusatory finger at the media over its coverage of the ICC suspects, however, in this instance it would also be fair to acknowledge that the media does not have the easy option of covering just the ICC 6 san politics…instead it faces hard choices  on whether and how to do this.

  Several suggestions were proffered -  contextualise coverage;  to hold political actions, and actors to the values that Kenyans aspire to see in their leaders i.e. those enshrined in Chapter 10 of the constitution;  constantly provide the historical background to how the 6 came to be before the ICC; and  juxtapose politicised rhetoric about the ICC process with real facts.  It still remains to be seen if status quo in media content will remain or if it will change.
  

Postscript

• The Passing of Significant Events

  Posted: April 30, 2011, 7:02 pm by admin

  This weekend has had some significant events–a royal wedding and the death of Osama Bin Laden.  But, far from the international and national headlines our family also experienced an event of significance. At 1:30am our time my father, Pastor Carl Guiney, passed away three years after being diagnosed with a terminal brain tumor.  I was on [...]
  
  [Visit Postscript to see the rest of this post]

mzalendo :: Eye On Kenyan Parliament

• ICC Process – Issues of Framing and Voice

  Posted: April 24, 2011, 4:05 pm by admin

  
  
  

  By Mzalendo Contributor Moreen Majiwa (@mmajiwa)

  As the din grows louder, and the lines between the issues of the ICC case, impending elections, halting implementation of the constitution increasingly become subjects used for political fodder we need to ask:

  Who is framing the issue? How are they framing it? Whose voice is the loudest? And which voice are we listening to? And what is the reality?

  With a well-orchestrated political campaign masking itself as a prayer rally two of the ICC suspects Deputy Prime Minister/Finance Minister Uhuru Kenyatta and North Eldoret MP William Ruto have managed to capture the issue of the ICC case and frame it to their advantage.

  The almost full day, non-stop press coverage of the political rally by most of the TV stations and newspapers has helped this process of capture along.

  Yes the coverage of the Uhuru Park rally has been juxtaposed with the stories of still to be resettled IDPs, but if voice is measured in amount of air coverage, or in column inches whose voice is louder, the IDPs or the MPs who attended the Uhuru Park rally? While the suspects remain innocent till proven guilty, the record does need to be set straight about how those at the rally framed the issues.

  Issue 1: The return of the suspects was framed as a return of conquering heroes. I leave the definition of hero up to you but the truth is there was nothing to conquer. There was no danger of the suspects being arrested, this around at least. The suspects’ visit to the ICC was in response to a summons to have the charges formally read to them and for the suspects to formally identify themselves to the court.

  Issue 2: The ICC and the court process are being likened to the colonial process with constant reference to the judges as ‘wale wazungu’. However the ICC process is nothing like colonization.  Kenya is a voluntary signatory to the ICC statute, a statute that was domesticated in 2008 when parliament enacted the International Crimes Act Cap 16 of 2008.  The freely enacted statute both binds Kenya to the Rome Statute and criminalises wilful attempts to obstruct justice of the ICC (Section 5 and 10). Ironically several of the parliamentarians on the podium at the Uhuru Park were also part of the Parliament at the time when the Rome Statute was made domestic law.

  Issue 3: Reconciliation: Some of the MPs at the rally adopted a conciliatory tone.  However as with everything that is said the true measure of reconciliation is the gap between the rhetoric and the action. Between 2007/2008 when the post election violence, how many IDPs have been resettled? How many are still in camps? How many  refugees does Kenya have residing in Uganda? Have IDPs been able to return their homes?

  I read somewhere that Rwanda confines its political campaigns to one month before the elections as politicking in Kenya seems to be taking an increasingly destructive tone maybe we should consider doing the same.

White African

• More big emoticon symbol pictures!

  Posted: April 24, 2011, 3:08 pm by admin

  A lot of these big emoticon symbol pictures that you copy and paste in comments on blogs and Facebook, for whatever reason, involve love. There are different hearts, angels, puppies etc…but I don’t know why more people don’t make symbols pictures that include ‘cooler’ objects, like missiles, aliens or vampires. Below is a big set [...]

mzalendo :: Eye On Kenyan Parliament

• Media Roundtable “Ocampo 6 Coverage” – April 26th

  Posted: April 23, 2011, 12:36 am by admin

  
  
  

  The School of Journalism and Mass Communication, University of Nairobi, the Media Focus on Africa Foundation, the Media Institute, and the Kenya Editors’ Guild are pleased to invite you to participate in a Media Round Table to be held on 26 April 2011, between 12 and 2pm, at the Alliance Francaise to discuss media experience in the coverage of the ‘Ocampo Six’. We are particularly interested in understanding what informs media coverage of the ‘Ocampo Six’, and journalists’ experiences in handling the story. Some of the panellists will be Alex Chamwada of Citizen who has extensively covered the issue, and John Mwendwa, an editor at K24.

  The event will be open to members of the public to enhance public understanding of the role of the media in the Kenyan society. Former newspaper editor, regular media commentator and consultant Kwamchetsi Makokha will moderate the discussions.

• Hansard Highlights Week of February 13th, 2011

  Posted: April 19, 2011, 12:20 am by admin

  
  
  

  Nominated MP Rachel Shebesh asked a crucial question given the disparity between the rhetoric how can
  the women of Kenya take the government with regards to their commitment to the inclusion of
  women?
  
  PRIME MINISTERIAL STATEMENT: IMPLEMENTATION OF THE NEW
  CONSTITUTION: REALIZING DEVOLUTION

  The Prime Minister (Mr. Raila): Mr. Deputy Speaker, Sir, I would like to focus particularly on
  devolution. I would like to make a brief statement on an area that I strongly feel that our country
  needs to start giving some serious thought to as we prepare to implement priority areas of our
  new Constitution.

  One of the highlights of our new Constitution is the provision for the devolved system of
  Government. The creation of the devolved Government is one of the far-reaching reforms in
  our governance structure which if efficiently implemented, has the potential to enhance Kenya’s
  stability and development.

  Mr. Deputy Speaker, Sir, the reforms envisaged under devolution will have to be implemented in
  a manner that is consistent and coordinated across the national Government. The transition needs
  to be properly planned to avoid any disruption in the provision of essential Government services.
  There are issues we need to start exercising our minds about if we are to make devolution a
  success.

  One of the requirements of the devolved Government is that one third of the seats in the County
  Assembly and one third of the positions in the County Government will have to be occupied by
  women. That is the law.

  As I travel across the country, I get the feeling that this message has not sunk down enough and
  very little sensitization is going on. Women have for long been relegated to the role of observers
  in a political game dominated by men. Kenya’s politics has over the time become very masculine
  and quite physical. It has also become a very expensive affair. Because of these two features, our
  women have largely been locked out of politics.

  Women supported this Constitution so wholeheartedly because it marked the beginning of their
  long sought liberation. It guarantees that one third of all elected or appointed posts in Government
  go to women. It binds political parties to pay special attention to gender parity, an obvious
  departure from what has been the norm. Mr. Deputy Speaker, Sir, I want to make an appeal for
  due attention to be paid to the provisions on women.

  I feel the time has come for our institutions and our international supporters to embark on a
  deliberate campaign of preparing women for the roles they have to take up, particularly in politics
  in the coming elections. It is my belief that women’s entry into politics, with the desired numbers,
  will see them make a mark in other areas of our economy and public life.

  Mrs. Shebesh: Mr. Deputy Speaker, Sir, the Prime Minister has clearly stated that the provision
  for one-third representation of either gender is now a Constitutional issue and that in the
  process of implementation of the New Constitution; realizing devolution, this is an area that the
  Government is taking very seriously.

  Mr. Deputy Speaker, Sir, I am holding a petition that was given to the Speaker by 19 women
  organizations over the recent appointments. How will Kenyan women take the Government
  seriously when it is just giving lip service to the one-third affirmative action policy but not doing
  it in practice? We are tired of lip service. Could the Prime Minister tell us concretely, in line
  with the current appointments and continuous appointments that happen, where women must
  always make noise— This is now a Constitutional matter. How can the women of Kenya take this
  Government seriously on this issue?

  2. The government has given is 1.5 billion shillings to constituencies and another 300 million
  to financial institutions for the Youth Enterprise Development Fund (YEDF) in Tharaka
  constituency it turns youth were being asked to give money before they could access the funds
  read the Assistant Minister for Youth Affairs and Sports response to this. It would be interesting
  to know the experience of youth trying to access the YEDF in other constituencies.

  DISBURSEMENT OF YEDF MONEY IN THARAKA CONSTITUENCY

  Mr. Mwiru: asked the Minister of Sports and Youth Affairs:-
  (a) How much funds have been disbursed to Tharaka by the Youth Enterprise Development
  Fund (YEDF) through the Constituency Youth Enterprise Scheme (C-YES) and financial
  institutions (FIs); and,
  (b) Whether he could table a list of financial institutions involved in the disbursement of
  funds as well as the list of beneficiaries, whether individual or group(s), since inception
  of the Fund.

  The Assistant Minister for Youth Affairs and Sports (Ms. Ndeti): (a) The YEDF has disbursed
  a total of Kshs9.8 million to Tharaka. Out of that amount, Kshs2 million has been disbursed
  through the Constituency Youth Enterprise Scheme (C-YES) and Kshs7.8 million has been
  disbursed through the financial institutions. The YEDF has partnered with three financial
  intermediaries that are present in Tharaka. They are South Imenti Credit Company, Business
  Initiatives and Management Assistance Service (BIMAS) and Kenya Women Finance Trust.

  Mr. Mwiru: Mr. Speaker, Sir, in 2009, one of the financial institutions mentioned here, the
  South Imenti Credit Company, started collecting money in form of savings from the youth of that
  area. That exercise was supposed to encourage the youth to get loans from them. I would like to
  know whether it is a Government policy for the youth to pay Government institutions before they
  secure a loan.

  Ms. Ndeti: Mr. Speaker, Sir, money from YEDF is supposed to be given to the youth to
  enable them start their own businesses. We are trying to help the youth. So, I do not see how
  an institution would ask the youth to save money so that they can use the money that the
  Government has set aside for them. I assure the hon. Member, who mentioned the matter to me
  last week, that we are looking into it as a Ministry. I want to give him comfort that this time
  round, we have given out Kshs1.5 billion to constituencies and only Kshs300 million to banks
  and other financial intermediaries.

  Mr. Chepkitony: Thank you Mr. Speaker, Sir. I would like the Assistant Minister to tell this
  House how much interest is charged when money is disbursed through the CYES and financial
  intermediaries. How much do those two institutions charge as interest?

  Ms. Ndeti: Mr. Speaker, Sir, the banks are supposed to charge a minimal interest of about 8
  per cent. The Fund gives loans to these intermediaries at 1 per cent interest rate. They use the
  7 per cent difference to cover administration costs and mitigate losses that may arise from the
  clientele, which are perceived as a risk. The intermediary should shoulder 100 per cent risk of this
  component and can lead up to Kshs1 million.

  Mr. Langat: Mr. Speaker, Sir, this Fund is meant to help the youth in our constituencies.

  Unfortunately, there is no sensitization of the youth in the constituencies on how these funds can
  be obtained. Could the Assistant Minister tell us what they have been doing to sensitize the youth
  on the existence of this Fund?

  Ms. Ndeti: Mr. Speaker, Sir, we have already employed two youths from every constituency
  to work with the youth on the Youth Enterprise Development Fund. From the end of last year,
  we have been going around the country, county by county, with the Minister and the Assistant
  Minister, to sensitize the youth on the importance of the Youth Enterprise Development Fund. I
  can assure you we are on the ground and we are giving our employees motorbikes, so that they
  can access all the areas in their constituencies.

  Mr. Wambugu: Mr. Speaker, Sir, indeed, if the Youth Enterprise Development
  Fund is used properly, it can help alleviate poverty in the rural areas. Who comprises the
  committee that sit at the constituency and who nominates the members to those committees?
  What part is the Member of Parliament supposed to play in the running of this Fund?

  Ms. Ndeti: Mr. Speaker, Sir, the Member of Parliament should be the patron. The
  Fund is under the District Youth Officers. If it is within a council, the Town Clerk runs the Fund.
  I am prepared to provide a list of the names of the members of the committees.

  Dr. Kones: Mr. Speaker, Sir, the Assistant Minister has said that the Ministry has employed
  some youths. I know that these youths were taken as interns on contract basis. Does the Ministry
  intend to employ them on permanent basis?

  Ms. Ndeti: Mr. Speaker, Sir, we are trying to create employment for the youth. It is better for
  us to start taking them as interns while looking at the long-term when we can employ them
  on permanent basis. We have created more than 420 jobs for the youth of this country in our
  Ministry.

  Mr. Mwiru: Mr. Speaker, Sir, we have a scenario where the youth are paying money to these
  institutions that I have mentioned. Will it be possible for the Ministry to ask these institutions to
  refund this money to the youth? They have suffered so much and they are not getting the loans.

  Ms. Ndeti: Mr. Speaker, Sir, we are going to look into the Member’s complaints against these
  financial institutions. I want to assure him that we are there for the youth and we will not allow
  anyone to take money from the youth.

• Salaries and Remuneration Bill

  Posted: April 18, 2011, 10:30 am by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  There’s a joke that goes that goes the only time Parliament is ever full is when the
  members are voting on their salaries. Whether or not the joke has any basis in truth it may
  soon lose its relevance.

  Section 230(1) of the constitution creates a Salaries and Remuneration Commission.
  Section 25 of the transitional and consequential clauses in 6th Schedule of Constitution
  requires that the Commission be constituted within nine months of the constitution’s
  promulgation i.e. May 27th 2011.

  So far the Salaries and Remuneration Bill, that establishes the Commission has been
  drafted and is ready for debate by the National Assembly if the Bill sails through
  parliament in the next one and half months, the Salaries and Remuneration Commission
  may be the first constitutional commission established with the mandated deadline.

  The Commission will be responsible for determining the salaries of the President,
  Cabinet Ministers, members of parliament, members of county assemblies, county
  governors, members of commissions and principal secretaries. The commission will
  also establish the salaries of judges and magistrates, which will prevent executive
  or Parliament from undermining judges by threatening to reduce their salaries. The
  Commission will also give guidance on the remuneration of other public officials and
  employees in all government departments.

  Part of the Commission’s functions will be to inquire into and determine the salaries and
  remuneration to be paid out of public funds to State officers and other public officers as
  well as keep under review all matters relating to the salaries and remuneration of public
  officers. The Commission will also be required to gives periodical reports of its activities
  as well as statistical information relevant to its functions.  Hopefully this will be the
  beginning of increased transparency and accountability in with regards to salaries and
  remuneration paid out of taxpayers’ money.

  Though the Bill has not been yet enacted, nor the Commission constituted both represent
  answers to the public’s demand for an independent institution that is responsible for
  determining salaries of State officers; particularly for MPs who have
  previously been in charge determining their own salaries and increments.

Postscript

• Where do we go from here

  Posted: April 16, 2011, 11:44 am by admin

  Every so often its important to review what you’ve done and assess what’s next.  Wycliffe has been working on establishing communications teams to serve each of our global areas — Africa, the Americas, Asia & the Pacific, and Europe/Eurasia.  About two years ago we finally had a least a person assigned to each of those [...]
  
  [Visit Postscript to see the rest of this post]

The Lily Review

• Ask Lily: Cheating boyfriend and Trust Issues

  Posted: April 11, 2011, 10:00 am by admin

  Dear Lily,

  I have been dating a man for the past 3 years. Our relationship have been rocky since we first started dating but we always resolved our differences before it got worse. 2 years down to the relationship, he was constantly keeping a space from me by always hanging out with his friends and never seeing me. This man changed so much that I began to worry. My insecurities developed and I started stressing over every little thing with him. I would complain to him about giving me more time and he would on temporary basis and go back to being the same a week after. After many fights and separations I was convinced that he may be cheating on me.

  I did my research in every way possible and found out that he was in fact cheating on with a girl he met at a club for a about a month and a half. I discovered this through his phone account and saw that he was talking to a woman nonstop. I confronted him and he admitted. I left him for about two weeks and after his apologies I decided to take him back. Yes, maybe you can say that I was very insecured of losing him. I became so depressed and lost so much weight stressing over how much he has hurt me. I truly love him with all my heart.

  The cheating happened 8 months ago. He has made positive changes but I cant convince my mind and heart that it will not happen again. He gave me all of his passwords and yes, there were incidence where i questioned him about a random number I saw on his phone account and he would get so furious. He has continued hanging out with his friends again giving me one day out of the week. He has now changed his passwords and given me an ultimatum that if I want to continue this relationship, I would have to give up the passwords and take his words that he will never cheat on me. How can I accept this? I have told him the opposite that if he wont spend more time with me and give me those passwords, I cannot continue on with this relationship.

  Its been three days and I have not heard back from him. PLEASE TELL ME WHERE AM I GOING WRONG. SHOULD I NOT DEMAND THOSE PASSWORDS AND HIS TIME?

  Marie
  You might also like:

  • Ask Lily: Is my husband cheating on me?
  • Let’s just get along
  • Duped And Deceived
  • Talk about wrong timing
  • How can I tell her…or do i just shut up?

  
  

mzalendo :: Eye On Kenyan Parliament

• Hansard Highlights week 6th February 2011

  Posted: April 10, 2011, 11:30 pm by admin

  
  
  

  I.  The Minister of State for Special Programmes Esther Murugi responds to allegations that she claimed people living with HIV should be incarcerated.

  GOVERNMENT POLICY ON HIV/AIDS VICTIMS

  Hon. Members will recall that HIV/AIDS was declared a national disaster in November 1989 by the former President of Kenya. The Government policy on HIV/AIDS is clear and it is governed by two key policy documents; that is, the Sessional Paper No.4 of 1997 on AIDS in Kenya; and HIV/AIDS Prevention and Control Act, 2006. Chapter 2, Section

  2(7) of the Sessional Paper states:

  “With respect to human rights, all forms of discrimination against people with HIV/AIDS is outlawed as enshrined in the Constitution.”

  Similarly, Section 30(3) of the HIV/AIDS Prevention and Control Act states that

  “No person shall be quarantined, placed in isolation, refused lawful entry, or deported from Kenya on the grounds of the person’s actual, perceived or suspected HIV status.”

  Mr. Deputy Speaker, Sir, the workshop organized for hon. Members on 28^th January 2011, was called to update hon. Members on the progress made and challenges in the national response to HIV/AIDS, including the third Kenya National AIDS Strategic Plan amongst other objectives. It was during the participatory discussions and contributions on how to overcome the challenges that I sought to provide examples of other countries that have tried to control the epidemic.  I gave the infamous example of how Cuba, in 1988, after a massive testing campaign, incarcerated people living with HIV. Cuba has always had a very low prevalence and very low new infections and, in that way, it is very different from Kenya. They withdrew the policy of incarceration in 1993.

  Other countries that have recorded tremendous success include Rwanda, whose prevalence rates have reduced from a peak of 11per cent in 1990 to 2.8 percent in the recent times. In those countries, universal access and country ownership drive the HIV response, thus the low HIV incidences and low AIDS related deaths.  I raised the issue of Cuba in order to foster discussion and debate and never intended to imply that Kenya should start a strategy of incarceration. That would be contrary to many human rights conventions that Kenya has signed and, ultimately, such an approach will not be successful in controlling the epidemic.

  Controlling an epidemic of that magnitude, where 1.5 million people are living with HIV, requires a massive scale up of people accessing testing, counseling, disclosing to their sexual partners and accessing a range of prevention services. Currently, only 57 per cent of adults have been tested and that is a cause for concern. While I continue to support the view that we look at other countries’ approaches and learn from them in order to rid Kenya of HIV, protecting and promoting human rights will encourage people to come forward and access services and reduce the stigma that is associated with the epidemic.  In conclusion, I will urge all Kenyans who are sexually active to be tested for HIV/AIDS in order to plan their lives, learn the dos and don’ts and what to do whether they are negative or positive.

  II. Most of us are going to need some sort of asset finance if we intend to own a home, however the double digit bank lending rates are turning some us into renters for life, so its nice to know that the government is discussing some sort of caps on interest rates on loans.

  MEASURES TO RECTIFY SKEWED LENDING RATES BY BANKS

  Mr. Kombo asked the Deputy Prime Minister and Minister for Finance: -

  (a)   If he is aware that commercial banks are taking deposits at less than 2 percent and lending at over 12 per cent,

  (b)  If he is also aware that the practice is discouraging both depositors and borrowers and hence hampering economic development and, if so, what measures the Government will take to ensure that the above situation is rectified; and

  (c)   If the Minister could also explain why efforts by Central Bank of Kenya (CBK) to persuade commercial banks to reduce their lending rates has not been successful

  The Assistant Minister, Office of the Deputy Prime Minister and Ministry of

  Local Government (Mr. Nguyai): Mr. Speaker, Sir, on behalf of the Deputy Prime Minister and Minister for Finance, I beg to reply.

  (a) I am aware that as at October 2010, commercial banks were lending an average weighted rate of interest of 13.85 which is over 12 per cent. The average weighted rate of interest for all saving products over the same period was 3.58 per cent and 1.58 per cent higher than the 2 per cent. I am aware that the lower interest rates on savings and the higher interest rates on lending are likely to discourage savings and borrowings respectively. However, I wish to point out that the country has realized tremendous growth. Deposits in the past two years and this growth have contributed to the putting down of pressure on deposit rates, particularly as the demand for loans were low due to the sluggish growth of the economy.  With the economic recovery expected this year and in the mid-term, we anticipate that deposit rates will begin to rise as banks compete for resources to lend. Indeed, this development should reduce the spread between the lending and deposit rates.

  (b) Regarding the lending rates, as our fiscal consolidation continues to gather pace, we anticipate that the interest on the Treasury Bills will remain subdued. This will encourage banks to compete more vigorously with each other for lending to the increasingly vibrant private sector. The increased competition should lead to lower lending rates, which combined with the envisaged higher deposit rates should further narrow the interest rate spread.

  (c) Indeed, some banks lowered the rates in response to easing the monetary policy of the CBK although we would have preferred to see sharper reductions. However, it is important to emphasize that there are structural impediments that prevent banks from reducing rates significantly including, for example, the long time it takes for banks to realize collateral. We are taking steps to address the impediment and we believe this will result in lowering the banks’ operating costs and facilitate an extension to the savings to the consumers in the form of lower lending rates.

  Mr. Kombo: wanted to find out from the Assistant Minister what he means when he says that persuasion by the CBK has yielded some results though not satisfactory. There was a time when CBK had set ceilings for the commercial banks to lend. Now, if they are not being persuaded, can the CBK or the Government consider re-introducing the ceilings above which the commercial banks cannot impose interest rates on borrowers? If they do not obey, there must be stiff penalties attached to that.

• NCIC report on ethnicity in the Civil Service

  Posted: April 8, 2011, 1:14 am by admin

  
  
  

  By Mzalendo Contributor  Moreen Majiwa (@mmajiwa)

  
  

  The statistics in the latest report by the National Cohesion and Integration Commission on ethnicity in the civil services are alarming.  According to the newspaper reports on the survey:

  ‘The Kikuyu, Kalenjin, Luhya, Kamba and Luo account for 70% of all service jobs. Of all government workers 22.3% are Kikuyu, 16.7% are Kalenjin, 11.3% are Luyha, 9.7% are Kamba, 9.0% are Luo and 5.8% are Kisii, 20 tribes have less than 1% representation in the civil service.”  The report further breaks down the ethnic composition across government ministries and departments.

  I wonder what a survey of the private sector would like? Tribalism is so pervasive that it may warrant specific legislation and statutes dedicated to it. The National Cohesion and Integration Act is one such legislation but to be quite honest despite reports from the National Cohesion and Integration Commission, there has been little implementation or enforcement of its provisions.

  Though the Commission’s report on ethnicity in the civil service is already drawing criticism, the report is useful as it findings raise questions about, equal opportunities, openness and transparency in recruitment practices, competency, affirmative action policies for marginalised communities, the need for merit based appointments and recruitments.  After all the constitution does require fair competition and merit as the basis of appointments and promotions in the civil service (Article 232 (1) (g). It also requires representation of Kenya’s diverse communities (Article 232 (1) (h), and provision of equal opportunities for appointment, training and advancement, at all levels of the public service, of men and women, members of all ethnic groups and persons with disabilities.

  Now that the issue has been flagged and made public it is crucial that the information be used in a constructive and not divisive manner.

  And in other news…

  Director of Public Prosecutions update: The government has received now 30 applications, for the previously unapplied for, position of Director of Public Prosecutions, 5 of the applicants are women it will interesting to watch and see if a woman get picked for any of the three judicial positions, Chief Justice, DPP, or AG.  Surprisingly or not, presidential nominee for the position of DDP Kioko Kilokumi is not among the 30 applicants.

• Scorecard on Constitutional Implementation

  Posted: April 7, 2011, 10:31 am by admin

  
  
  

  By Mzalendo Contributor  – Moreen Majiwa

  It’s 6  months from the day that the nation voted for the new constitution i.e. August 4th 2010. It seems an apt time to review the overall progress made on the constitution’s implementation and see how we as a country are getting on with the
  business of turning the constitutional provisions into a reality.

  So far the National Assembly has managed to establish three constitutional commissions
  required by the constitution:

  • The Constitutional Implementation Commission
  • The Judicial Service Commission and
  • The Revenue Allocation Commission

  However there is a caveat, the Constitutional Implementation Commission and the Revenue Allocation were both established six months later then scheduled. The Judicial Service Commission is yet to be fully constituted seeing as the yet to be appointed Chief Justice is an integral part of the commission.

  On Tuesday the cabinet approved the Independent Electoral and Boundaries Bill – the bill establishes the new electoral and boundaries body responsible for elections and for demarcating constituency and ward boundaries. Though it is worth noting that
  the country has been without a boundaries commission since the interim independent boundaries commission was disbanded late last year. The Cabinet also approved the Salaries and Remuneration Commission Bill ,both bills will now be forwarded to
  parliament for debate.

  The deadline for filling in the position of the Chief Justice was the end of February, this year i.e. six months after the date the constitution came into force. The deadline has passed, however the process of recruiting for position is ongoing.

  As far as passing bills required to operationalise the constitution, the National Assemblyhas passed 2 out of the out the 16 bills required the Judicial Service Bill and the Vetting of Magistrates Bill, which are now waiting Presidential assent.

  Recently the Constitution Implementation Commission head, Charles Nyachae, expressed concern over the fact that parliament is yet to discuss a single Bill for the implementation since the President opened a special session on 22nd March 2011.

  Of course implementation of the constitution is no easy task – 6 months on how would score parliament on implementation of the constitution, pass, average or fail?

• Mzalendo Vox Pop: Benji asks “What More Can We Do?

  Posted: April 6, 2011, 3:02 am by admin

  
  
  

  Guest blog by Benji

  Something I witnessed a few weeks ago made me think hard about the quality of the average Kenyan’s life even as politicians squabble and waste valuable resources.

  Driving along Mombasa road on a Saturday evening, I encountered gridlock traffic and I thought to myself there must be a horrible accident up ahead.  15 minutes later, I approached a corpse in the middle of the road whose arm had been severed off. The arm lay on the tarmac 10 metres from the body.  It was a gut wrenching sight. A lone traffic cop assisted by what I thought to be a medic, helped drag the corpse to the side of the road.  Our officers are ill-equipped and ill-trained..one of the men that helped drag the body, immediately found a stainless steel lamp post whence he began to wipe his hands while bending over.
  Folks, this in a country where Kshs 270 billion is squandered every year through wastage and corruption.  The new constitution we just passed, is not supposed to be just a pretty document -it is the envy of many countries in the region. It provides us fundamental rights and ideals but most Kenyans are living a life of misery and neglect and scrounging like rats.  Some examples:

  1. A few months ago a traffic police officer manning Mombasa road and deployed to manage traffic while President Kibaki was travelling, was knocked down by a speeding vehicle and died on the spot. The officer lay on the side of the road in full uniform for several hours.  Nothing much has been said about this incident but it is our hope that the administration quietly went back to condole a family whose breadwinner fell in the line of duty and offered support. That is our hope and we will be writing a letter to State House and relevant authorities seeking some answers.
  2. Did you all see the story on Mathari Hospital by David McKenzie, where a patient was held in the same room as a corpse?  Apparently, patients on receiving treatment are held while they scramble around to raise hospital fees from relatives and friends. The CNN crew investigating this story was locked up for 3 hours, illegally detained and it took phone calls to the Prime Minister’s office to secure their release.

  This is the Kenya we’re living in ladies and gentlemen, where the government does not see it fit to even subsidize mental health services but is all too willing to spend tax payer money buying space in the dailies to defend ICC suspects, fuelling a jet for Kalonzo to criss cross the continent and spend the remainder of the time hurling insults and epithets at each other.

  What more can we do?

• When Inflammatory Statements are Made…

  Posted: April 1, 2011, 8:59 pm by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa

  
  

  After I saw this [youtu.be] clip of the statements made by the Deputy Prime Minister and Minister for Finance Uhuru Kenyatta at a rally in Murang’a.

  I frantically looked for the translation, the tag line on the tweet asked “has Mzalendo Kibunja seen this?” so I knew that it may possibly fall within the ambit of hate speech. I found the translation as well as denouncement of the remarks here.

  The denouncement, is full correct in calling the statements made by the Deputy Prime Minster/Minister of Finance irresponsible, inflammatory, inter-ethnically and intra-ethnically divisive, dangerous and detrimental to the cohesion that Kenyans have been working towards since 2007.

  Yet, despite the inflammatory nature of the Deputy Prime Minister’s remarks the National Cohesion and Integration Commission is yet to react, and the politicians that were present at the rally are yet to say anything about his statements.  All in all there has been has been very little action.

  The lack of action reminds me of a column in the Sunday Nation where the writer argued, ‘The leaders of the bigger ethnic communities simply will not seriously fight tribalism because it is through the voting power of the ethnic mass – not through ideology – that an elite individuals hopes to enter Parliament and State House.”

  A politician is he who always inflates his tribe’s ego while, at the same time, keeping that tribe profoundly ignorant of its real needs. It is thus the for the purpose of the vote – not of ethnic development – that he manages to rally the ‘tribe’ behind him.

  So the leader and elite of one big community see the leader and elite of another big ‘tribe’ as the enemy. Hence the necessity for the ethnic leader to encourage his deification by the ethnic mass if he is to ensure the ethnic vote. Thus the Kenyan liberator must first liberate every ethnic mass from the bewitching demagoguery of its elite’

  Thankfully the voting public has the power through their vote to show disapproval for statements made let us it.

  But we still ask shouldn’t Mzalendo Kibunja be responding to this rather than chasing his tail on social media sites?

• ...

  Posted: April 1, 2011, 2:06 am by admin

  
  
  

  By Moreen Majiwa – Mzalendo Contributor

  21 days after the deadline for the appointment of the Chief Justice, the Judicial Service Commission is finally getting down to the task of short-listing candidates for the position.

  Despite the delays, missed deadlines, and the controversy surrounding the nominations/appointments to the position of Chief Justice the moment remains historic as never in the country’s history has the position for Chief Justice or Deputy Chief Justice been filled through a competitive process.

  According to the Interim Chairperson of the Judicial Service Commission Professor Christine Mango the commission has received 24 applications for the position of Chief Justice and Deputy Chief Justice. The commission will be meeting next week to review the applications and set a date for the interviews.

  Apart from the constitutional and statutory qualifications of the candidates i.e. “a high moral character, integrity and impartiality,” the requisite legal qualification and 15 years experience.  As well as demonstrated high degree of professional competence, communication skills, fairness, good temperament, making good judgements in both legal and life experience and commitment to public and community service.

  There are few more interesting things to look out for in the candidates, the first being financial propriety. The advertisement for the positions of Chief Justice and their deputy required that the applicants make a declaration of income and liabilities at the time of making the application and that those who are in Government in employment i.e. applicants who are already part of the judiciary, attach copies of returns of declaration of income and liabilities and for those in private practice attach income tax returns for the last three years.’

  The advertisement for the position further required that the bio data submitted by candidates as part of the application process reveal any involvement in political activity including any financial contribution to any political party.

  These requirements are there to ensure that the persons who get these jobs are beyond reproach and seen to be so. The requirements will ensure judicial independence.

  After the selection process those shortlisted will be required to appear for an oral interview, there’s no word on whether or not the oral part of the interview will be public, we hope so?

  In the meantime the government has announced that no applications have been received for the position of the Director of Public Prosecutions…one wonders why that is?

• Hansard Highlights Week of February 1 2011

  Posted: March 28, 2011, 12:51 am by admin

  
  
  

  This is a new regular feature where we will review past editions of the Hansard to highlight debates that are of particular national importance (and to show that we know that MPs do work from time to time).

  I. We all know that KACC has forwarded several cases to the AG’s office for prosecution. But exactly how many files were delivered to the AG and when does he plan to prosecute them?

  DETAILS OF CORRUPTION CASES FORWARDED TO ATTORNEY-GENERAL BY KACC

  Mr. Kombo: Mr. Speaker, Sir, I beg to ask the Attorney-General the following Question by Private Notice.

  (a) Could the Attorney-General provide details of corruption cases that the Kenya Anti-Corruption Commission (KACC) has investigated and forwarded to the Attorney- General for direction since the appointment of the current Director?

  (b) How many of these cases has the Attorney-General approved for prosecution, rejected and/or returned to the Commission and why?

  The Attorney-General (Mr. Wako): Mr. Speaker, Sir, I beg to reply. Since the appointment of the current Director of the KACC in July 2010, a total of 53 files were forwarded to the Attorney-General for direction.

  Mr. Kombo: Mr. Speaker, Sir, I had a chance to peruse through the documents and to my pleasant surprise— In the past there has been a ping pong game between the KACC and the Attorney-General. They have been accusing each other of not doing this and that.  However, it would appear that since Prof. Lumumba became the Director of KACC, he has been agreeing on many cases with the Attorney-General. So, with regard to the Report that we have, they have agreed almost 100 per cent.

  Mr. Njuguna: Mr. Speaker, Sir, emanating from the report given by the Attorney- General, you will note that about 53 cases were referred to his office for prosecution. Could he inform this House what deliberate steps he is taking to make sure that all these cases will be prosecuted even before his retirement this year?

  Mr. Wako: Mr. Speaker, Sir, I hope the Member is asking for a further extension before I retire, so that I can deal with all these cases. The fact of the matter is that one cannot prosecute all the cases by the time he retires.  I am the last Attorney-General who is also the prosecutor. Since 27th August, 2010, I am wearing two huts, namely, for the Attorney-General and the Director of Public Prosecutions. That is why I recently called for the appointment of the Director of Public Prosecutions, so that there is a proper appointment under the Constitution of an Attorney-General who will only be the principal legal advisor to the Government. I am sure that the Director of Public Prosecutions, who will be appointed, will continue the good work that the Chief Public Prosecutor, Tobiko Keriako, has done. I can inform this House that I was with the Committee of Experts and as soon as I realized that the Director of Public Prosecutions will become a constitutional office, we immediately began re-organizing that office.  It is now really organized just awaiting the appointment. I am sure we will continue with the prosecution of corruption cases with rigor and gusto.

  Mr. Kombo: Mr. Speaker, Sir, to successfully prosecute corruption cases is not an easy job. Part of the problem that we have had is that the KACC investigates while the office of the Attorney-General prosecutes. The people who have all the facts are at the KACC. Now that the Attorney-General is actually retiring, could he consider giving more powers to the Commission, so that it can prosecute? Prosecutorial powers should be given to the Commission because it is the one that investigates cases and is the only one that can best prosecute.

  Mr. Wako: Mr. Speaker, Sir, my opinion on this matter is that now that we are going to have a Director of Public Prosecutions, a constitutional office, devoted to nothing else but prosecutions, he should continue to prosecute corruption cases…it is too dangerous for one institution to be charged with investigative powers plus prosecutorial powers.  This applies more to these type of cases. Unless you have checks and balances between the investigator and the prosecutor, some people will be taken to court with very little evidence just because the investigator has the power to prosecute. If the powers are separate, the investigator will be focused on obtaining sufficient evidence to allow that other person to come to the same conclusion and prosecute.  So, in the interest of justice, I am still of the opinion that in corruption and serious criminal cases, the distinction between the investigator and the prosecutor should be there. What is important is that the two should work in tandem. While respecting their independent functions, they should work in unison.

  II. Now that the ‘shuttle diplomacy’ is seems to be crumbling before our eyes it’s a good time to assess exactly how much money has been spent on it and maybe time for proponents of it to cut their losses, or rather the tax payers losses?

  GOVERNMENT POSITION ON VICE-PRESIDENT’S “SHUTTLE DIPLOMACY”

  Dr. Khalwale: Mr. Speaker, Sir, I beg to ask the Minister for Foreign Affairs the following Question by Private Notice.

  (a) Could the Minister clarify whether the mission by the Vice-President to lobby African States to support Kenya’s bid to pull out of the International Criminal Court (ICC) reflects the official Government position on the issue?

  (b) How much money has the Government spent on the Vice-President’s “shuttle diplomacy” so far?

  The Assistant Minister for Foreign Affairs (Mr. Onyonka): Mr. Speaker, Sir, I beg to reply.I wish to inform this House that the mission that was undertaken by His Excellency the Vice-President and Minister for Home Affairs of “shuttle diplomacy” across the African Continent was not with an objective of lobbying the African countries to support the deferral of the International Criminal Court (ICC) intended prosecutions for one year.  The “shuttle diplomacy” was with a view of bringing the process of justice for the election crimes back home, so that the suspects can be tried locally since we believe that even the ICC Tribunal appreciates the fact that a local tribunal is better than taking our people to be tried in Europe.  The ICC Prosecutor, Mr. Luis Moreno Ocampo, on 17th December, 2010, named six suspects whom he was requesting the ICC to issue summons to secure their attendance at the court. However, the Kenyan Government is not a failed State.

  With the passage of our new Constitution, the Government felt that there was a necessary need for us to negotiate and have a moral position whereby the African Union, the Inter- Governmental Authority on Development (IGAD) and the East African Community would have to support our country to solve the problem of the post-election violence peacefully by providing justice and at the same time making sure that we have reconciliation in our country. The grant of a deferral would, therefore, allow for sufficient time to revamp the key judicial institutions and other Government infrastructure.

  Further, prosecution of post-election crimes at home would facilitate the trial of all post-election violence suspects, and not just those who are bearing the highest responsibility. Conducting those trials locally would send a very strong message both internally and externally, so that Kenya would no longer accept impunity.  So, even when the Vice-President and Minister for Home Affairs was doing the “shuttle diplomacy” within African, his agenda was not to demand that Kenya pulls out of the ICC. The agenda was to ask that the ICC allows us to look for a local mechanism, which would then make it possible for all the victims and all the perpetrators of the crime to face each other.

  The information I have from the Ministry of Foreign Affairs is that the amount of money that the Kenya Government spent for the “shuttle diplomacy” within the last two weeks is Kshs3,659,728. This amount does not include the small amount of money that the Vice-President and Minister for Home Affairs and the officers he carried along with him have spent from his Ministry. This is a budget which has been given to me by the Ministry of Foreign Affairs, which includes expenses incurred by officers from the Ministry of Foreign Affairs, who were with the Vice-President and Minister for Home Affairs.

  Mr. Olago: On a point of order, Mr. Speaker, Sir. Arising from hon. Khalwale’s point of order and the answer given by the Assistant Minister, it is clear that the answer to part “b” of the Question is not complete in the sense that it does not encompass the amount of money that the Government has spent. He seems to be concentrating on what his Ministry has spent.

  Mr. Onyonka: Mr. Speaker, Sir, unfortunately, the answer is “yes”, because we were unable to get the Accounting Officer in the Office of the Vice-President and Ministry of Home Affairs to give us the full amount. So, the figure I have given is what the Ministry of Foreign Affairs has spent.

  Dr. Khalwale: Mr. Speaker, Sir, given that the Assistant Minister has admitted that his answer is incomplete, could I request the Chair that we give him until Tuesday, so that we can get a comprehensive answer to this very important issue touching on accountability? The reason for raising this point of order is that if we are going to accept only the expenditure that was incurred by the Ministry of Foreign Affairs, the taxpayer will not know how much was spent from the Office of the Vice-President and Ministry of Home Affairs, how much was spent from the Office of the President and how much was spent from Parliament.The Vice-President and Minister for Home Affairs was having, in some of those trips of his, accompaniments of up to ten people. Those people did not come from the Office of the Vice-President and Ministry of Home Affairs, and the Office of the President, alone. Some of them come from Parliament. Therefore, the taxpayer would like to know about the expenses incurred by those other persons who accompanied him.

  III. The debate below highlights the need get the real statistics on how many extra judicial killings have taken place since the promulgation of the constitution?

  STATISTICS ON POLICE SHOOTINGS SINCE AUGUST 2010

  Ms. Karua asked the Minister of State for Provincial Administration and Internal Security:-

  (a) Whether he could state how many people have been shot dead by police in the country since 4th August, 2010, giving the names and places they were shot and the circumstances;

  (b) Whether he could also provide the identities of the officers involved and indicate the disciplinary action taken against them; and,

  (c) What measures he is taking to ensure that the trend is curbed.

  The Assistant Minister, Ministry of State for Provincial Administration and Internal Security (Mr. Ojode): Mr. Speaker, Sir, as you are aware, I answered this Question yesterday. But we agreed that the format should be changed to relate to what was asked by my friend, hon. Karua.

  Mr. Speaker, Sir, I beg to reply. Since August 2010, 18 people have been shot dead by police officers. The following are the victims and circumstances under which they were shot dead.

  Ms. Karua: On a point of order, Mr. Speaker, Sir. Have you noticed that the Assistant Minister has been answering his own question and not my Question? In part (a) of my Question, I have asked the Assistant Minister to tell us how many people have been shot dead by police officers in the country since 4th August, 2010, when we voted in the new Constitution…He has given me the names of the people who have been shot dead in circumstances that pointed to criminal intent on part of the police. So, he has modified my Question because he knows that police officers have shot dead more than 100 people since then. He has modified the Question, so that there can just be below 20 people.

  Mr. Ojode: Mr. Speaker, Sir, I have given a very good answer to the Question. I cannot give answers on which I cannot make any substantiation. Apparently, from August last year to date, my police officers have not killed as many as 100 suspects as is being alleged by the Questioner.

  Mr. Ojode: Mr. Speaker, Sir, indeed, the story is true. Those of us who have not experienced those kinds of carjacking and criminal activities are the people who are not supporting the services of the police. I would like to urge my colleagues: Let us not demoralize police officers. Let us all support the work of police officers.  The reason why I am saying that is because police officers are being bashed every now and then. The day you will be carjacked is when you will realize that police officers are doing a good job. But I will not hesitate to tell the police to do their work. I would like to request my colleagues that, as the police officers are doing their job, let us support them. Let us not demoralize them!

  The other thing is that we are undertaking reforms. Yes, we will get rid of trigger happy police officers to clean the Police Force. We want a Police Force to mind about the welfare of innocent Kenyans. Otherwise, my appeal is that let us support the police officers to do their work.

• NCIC Monitoring Social Media for Hate Speech

  Posted: March 26, 2011, 6:47 pm by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  On Thursday Dr. Mzalendo Kibunja, Head of the National Integration Cohesion
  Commission (NCIC), announced that one of the new areas of focus for the commissions
  work will be hate speech on the internet. The commission will begin monitoring social
  networks and commentaries on news networks for hate speech early as April.

  According to the National Integration Cohesion Commission Act of 2008 hate speech
  includes using threatening, abusive and insulting words, behavior, displays or written
  material, publishing or distributing such written material. Distributing, showing a play or
  recording of visual images or producing or directing a programme which is threatening
  abusive or insulting that intended to stir up ethnic hatred. The Act makes hate speech
  a criminal offense for which offenders can receive up to 3 years in prison a fine of not
  exceeding 1 million shillings or both.

  Dr. Kibunja stated: “Facebook, twitter and such networks will be our main focus and I can
  tell you most of the hate speech comes from Diaspora not internally.”

  Its hard to imagine how NCIC will go about cataloguing ever conceivable kind of hate
  speech, will the commission be cataloguing all kinds of hate speech or just hate speech
  that is political or ethnic tone, how will the commission avoid the appearance of being
  merely a political proceeding, and will the end result be internet regulation?

  Monitoring social networks and commentary is a monumental task given the millions
  of Kenyans at home and abroad that are on facebook, twitter, have blogs, and amount of
  commentary on news websites.

  No doubt a very good argument can be made for monitoring social media and news
  websites for hate speech given the current political climate. However it is also a rights
  mine-field when it comes to ensuring that freedom of expression, freedom of information,
  and the right to free speech are not infringed.   I wonder Commission plans to go about its
  monitoring?

diasporadical.wordpress.com

• One Year Later. 200,000 readers and counting!

  Posted: March 25, 2011, 11:43 am by Admin

  We hit 200,000 readers! Archer predicted this. We can’t begin to explain just how awed and humbled we are that 400,000 little eyes have perused our meager blog. Thank you. Further, it’s our 1 year anniversary this month. Oh yeah. … Continue reading →

mzalendo :: Eye On Kenyan Parliament

• Deferral, referral, challenge to admissibility are we confused yet!?

  Posted: March 24, 2011, 1:17 pm by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  Yesterday the Attorney General Amos Wako plainly stated that the ‘shuttle diplomacy’
  had been a failure after a several permanent members of the United Nations Security
  Council (UNSC) said that the Kenya case did not meet the threshold for a UNSC
  resolution for a one-year deferral of the its ICC case against the six suspects.

  So what now? The government has appointed a Queen’s Council and Barrister-at-law to
  challenge the admissibility of the Kenya case at the International Criminal Court (side
  note: are there no qualified Kenyan lawyers that could challenge admissibility at the ICC,
  first the hiring of the foreign firm manage social media and now lawyers to defend the
  ICC case?).

  According to the Rome Statute a challenge to admissibility can be made under Article
  19 by either by an accused person for whom a warrant of arrest or a summons to appear
  has been issued under article 58, or by ‘a State which has jurisdiction over a case, on the
  grounds that it is investigating or prosecuting the case or has investigated or prosecuted’
  or by ‘a State from which acceptance of jurisdiction is required under article 12’.

  The third option is not open to Kenya since the country is a signatory to and has
  domesticated the Rome Statute. So the only grounds left on which the state/government
  can challenge admissibility of the case is on the grounds that it is investigating or
  prosecuting the case or has investigated or prosecuted the case. But this raises a few
  questions.

  Considering a considerable amount of tax-payers money has already been wasted on
  shuttle diplomacy and there has been no consultation with the people of Kenya as
  to whether they want to use even more of their tax shillings to hire foreign counsel to
  challenge admissibility – why can’t the six suspects for whom summons to appear has
  been issued challenge admissibility in their individual capacity under Article 19 (2)? Why
  should state resources be spent to challenge admissibility of case?

  Another issue with the challenge of admissibility is requirement for the government to
  show that it is investigating or prosecuting the case or has investigated or prosecuted.
  Notice the tense requires that the investigations or prosecutions be underway or already
  completed at the time when admissibility is being challenged. Now I may be wrong
  but to my knowledge there is currently there no evidence to indicate that the state is
  investigating or prosecuting any of the six suspects.

  So is this challenge to admissibility another exercise in futility considering that there is a
  slew of judicial reforms that needs to occur before the state/government can even begin to
  mount a processes that will be seen as credible and legitimate?

White African

• Seven Different Heart Symbols For Facebook Chat

  Posted: March 23, 2011, 12:53 pm by admin

  Today I want to share seven different heart symbols for Facebook chat, that you can use without any software or downloads! The only thing you need to use these heart symbol emoticons is your mouse, and the brain power to copy and paste. Can you do that? I know you can! Seven Different Heart Symbols [...]

Postscript

• An ancient heritage

  Posted: March 19, 2011, 3:25 pm by admin

  As far as I know, most of my ancestors came from Ireland, Scotland and England, a few came from various countries in mainland Europe, and some in my family also believe that we have a few native Americans amongst our ancestors.  The Christian heritage of my family, at least people who would identify themselves by [...]
  
  [Visit Postscript to see the rest of this post]

mzalendo :: Eye On Kenyan Parliament

• Hansard Highlights – Who gets to “step aside”

  Posted: March 18, 2011, 11:23 am by admin

  
  
  

  This is a new regular feature where we will review past editions of the Hansard to highlight debates that are of particular national importance (and to show that we know that MPs do work from time to time).

  The debate below on the irregular award of the concession highlights an important issue – who gets to “step aside” when allegations of corruption have been made.

  
  

  Irregular Award of Concession to Rift Valley Railways (RVR) (week of January 16, 2011)
  

  Mr. Mbadi: asked the Minister of State for Public Service what disciplinary measures the Government has taken against the public officers mentioned in the 16th Report of the Public Investments Committee adopted by the House, for their involvement in the irregular concessioning of the train operations to Rift Valley Railways by the Kenya Railways Corporation.

  The Minister of State for Public Service (Mr. Otieno): Mr. Speaker, Sir, I beg to reply. The 16th Report of the Public Investments Committee recommended that the Director of the Kenya Anti Corruption Commission should carry out investigations to establish the roles played by the Chief Officers from the Treasury and the Ministry of Transport in awarding the concession to Sheltam Railways/Rift Valley Railways. The PIC Report did not recommend any disciplinary measures to be taken against the Chief Officers who participated in awarding the concession to the railway company. However, it did recommend further investigations on the process of concessioning. Consequently, no disciplinary action has been instituted against any of these officers.

  Mr. Mbadi: Mr. Speaker, Sir, Chapter 6 of the Constitution of Kenya is very clear on the requirements on the part of public officers with regards to integrity. Not long ago, the Minister for Foreign Affairs and the Permanent Secretary had to step aside before the Report of the House was debated. Early last year, we had a case where five permanent secretaries were asked to leave office because of pending investigations by the Kenya Anti-Corruption Commission. My question is: Why is the Executive applying double standards in terms of asking for accountability from its public officers?

  Mr. Otieno: Mr. Speaker, Sir, the Committee recommended investigations. There is no basis of taking any disciplinary action until we get the report of that investigation.

  Mr. Mbadi: On a point of order, Mr. Speaker, Sir. Is it in order for the Minister to evade my question? I was very clear. I said that in February last year, the Government asked five permanent secretaries to step aside because they were facing investigations by KACC. Here is a case where two Ministers, one Permanent Secretary and the Investments Secretary of the same Government are confronted by investigations by KACC. Why is it that they have not been asked to step aside to pave way for investigations? In fact, one of the Ministers is in charge of the Ministry of Transport at the moment, where investigations are supposed to take place.

  Mr. Otieno: Mr. Speaker, Sir, the Committee, in its wisdom, did not ask anybody to step aside when it asked KACC to proceed on this matter. In other cases, the Committee recommended stepping aside to facilitate investigations. It means that the Committee did not have adequate information. It was referring the matter to KACC to investigate. But it did not, in its wisdom, request any stepping aside to facilitate that investigation.

  Mr. Mbadi: Mr. Speaker, Sir, I want to find out from the Minister how investigations will take place in that Ministry and that State Corporation when the Minister in charge is among the people to be investigated?

  Mr. Otieno: Mr. Speaker, Sir, I think we all know that KACC is very competent and can investigate whether you are in office or not. At an appropriate timewhen there is need to step aside, they have procedures to follow.

  Mr. Mbadi: On a point of order, Mr. Speaker, Sir. Is it in order for the Minister to continue misleading the House, while he knows very well that the reason why Ministers and public officers are asked to step aside is – and in their own words when they step aside – it has become a tradition to say that they are leaving to give room for fair investigations? The main reason for stepping aside is to give room for fair investigation. It is not that a body is incompetent or not. Could he explain why, this time round, you are leaving those officers in office and yet, other officers in a similar situation were asked to step aside to give room for fair investigations?

  Mr. Otieno: Mr. Speaker, Sir, we make decisions on the basis of the content of the issues that arise. Where the content is of a type that stepping aside is the way forward, then that direction is taken. The other examples he is giving, there was content that warranted such steps forward. In this particular case, the Committee itself did not even see it fit to suggest that anybody should step aside. There was insufficient content in that Report and I have said that the Treasury has already addressed the Office of the Speaker on this particular matter; on the basis of the facts that were laid before the Committee, which need to be further reviewed and possibly the Committee will make a different decision after receiving all this feedback from the Treasury.

• Policy vs. Politics

  Posted: March 17, 2011, 8:57 am by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  To be honest I cannot remember who started the war of words but the clip of the Prime saying this has been replayed on the TV for near two weeks, suspended Higher Education Minister William Ruto and Deputy Prime Minister/Finance Minister Uhuru Kenyatta responded in kind with a verbal volley own. This week, yesterday in fact, Makadara MP Gideon Mbuvi challenged the Prime Minister to a popularity contest in Nairobi. It sounds ludicrous but its true, a popularity contest.

  Popularity contest aside, at one point the verbal exchange between the Deputy Prime Minister/Minister of Finance Uhuru Kenyatta, Suspended Higher Education Minister William Ruto and the Prime Minister Raila Odinga became so bad that the three drew censure from the National Cohesion and Integration Commission.

  Not only is the political jockeying divisive it is also distracting the public from questioning the substantive policies that have been brought to the table. It is also detracting from implementation of the constitution, establishment of constitutionally mandated bodies i.e. the new boundaries and electoral commission, the Supreme Court and its holding up judicial and police reform.

  In fact with regards to the setting up of the independent boundaries and electoral commission, and making election management laws to conduct the eight kinds of polls for central and county governments in 2012, Mutula Kilonzo the Minister for Justice and Constitutional Affairs stated:

  ‘At the current pace, it will be a very hard task to come up with all these institutions, set in motion the process of vetting and appointing and conduct nationwide civic education about how the new electoral institutions work before the next elections’

  The impact of the emphasis political posturing to the detriment of policy is not only felt at the national level but also at constituency level. From the Mzalendo Vox Pops it’s apparent that political posturing and partisan politics is not only detracting from the development at a national level but also at constituency level.

  Give us policy not politics, policies are what actually affect the lives of the average citizen. By focusing on policy we can ignore the hype, the negative spin and personality battles that are distracting us from the real issue which is what are our elected officials do to improve the lives of every day Kenyans.

Postscript

• What time is it?

  Posted: March 16, 2011, 1:46 pm by admin

  Why do I always think, Surely we must all… (you fill in the blank). I’m always amazed that things  I think are standardized rarely are.  The list in my head of what everybody does keeps getting smaller. There is always another way to do it. I just came back from 10 days in Ethiopia, a place [...]
  
  [Visit Postscript to see the rest of this post]

mzalendo :: Eye On Kenyan Parliament

• Mzalendo Vox Pop: Cyprian from Mwala Constituency

  Posted: March 14, 2011, 12:37 am by admin

  
  
  

  Mzalendo Vox Pop is a feature where we open up our blog to our readers to share their views on their constituency or on matters related to Parliament.

  About me: I am Cyprian from Mwala constituency.  I voted in 2007, one of the largest mistakes I made then by looking at the party the candidates belonged to instead of the individual.
  

  Your constituency : Mwala constituency is marred by all the problems that can be found in a few constituencies in Kenya.
  

  • Majority of the roads are in pathetic state. Most of the roads are filed with gravel. There is nearly no tarmacked road. Most of the bridges broke down some years ago, and have not been replaced.
    
  • There is no tap water.  In fact in my location there is no even a single bore-hole, and that applies to the majority of the locations in Mwala constituency. Most of the rivers, the source of water, are dry and people have to travel for long distances looking for unclean water!
  • Majority of the population in the constituency live below the poverty line. They can rarely afford a single meal a day. Majority rely on subsistence farming, which has been impaired by the long dry seasons. NGO’s and even the government are still distributing some food stuff in the constituency.  This has not been effective because it’s not sustainable.
  • The health facilities are also in pathetic state in addition to being few and far between. For example, from my home area, we have to walk for five kilometers to get to the nearest government dispensary! The health facilities are also poor equipped. The few personnel available are not even well qualified to provide professional health services.
  • The same applies to the education sector in the constituency. Most primary and secondary schools are understaffed, some preferring to employ untrained teachers. Additionally, most lack necessary facilities.
  • The constituency has a bursary fund which is unfairly distributed to those who have “connections”. In fact it never reaches to those who really deserve it.
  • The CDF funds were/are being misappropriated and even an audit and investigation is required from KACC. An example is some project (e.g. Kwa-Nguta in Makiliva sub-location, Mbiuni location, where piped water was supposed to be developed. The project is market completed successfully, and yet it was never started.  Where did the money allocated to that project go?
    

  In a nutshell, there is no development projects which have had a positive impact to the constituents since Kenya got independence, or probably in the history of Kenya.

  
  Your MP : Just like all the previous MPs in the constituency, Hon. Muoki has been a joke to the constituency.  The problems mentioned above paints clearly his progress, which definitely has been negative.  I would definitely not vote for him again in the next general election. At the moment I don’t have anyone in mind, but I would never elect a candidate based on his party, nor any of the older generation. We want a new “kid” from the block.
  Message to your MP: I wouldn’t want to meet him, but if I did, I’d tell him to honorably step down and call for a by-election. I hope my constituents have learned something regarding voting for MPs in our constituency, just like I have. Next time we should vote wisely.

• The Summons

  Posted: March 12, 2011, 2:43 pm by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa
  On Tuesday this week the Pre-trial Chamber of the International Criminal Court issued
  summons ‘to appear’ for the six persons deemed most responsible for the post election
  violence of 2007/2008.

  The summons were issued in two separate cases the first against Francis Muthaura
  (Cabinet Secretary), Uhuru Kenyatta (Deputy Prime Minister/Minister of Finance), and
  General Hussien Ali (Post Master General).  The Chamber found reasonable grounds to
  believe that Francis Muthaura and Uhuru Kenyatta could be criminally responsible as
  indirect co-perpetrators (committed crimes through other persons Article 25 (3) (a) of the
  Rome Statute) for crimes against humanity specifically murder, forcible transfer, rape,
  persecution and other inhumane acts.   They found the no reasonable grounds to believe
  that General Ali was an indirect co-perpetrator, but found that he could be responsible for
  contributing to crimes under Article 25 (d) of the Rome Statute (i.e. that he contributed to
  the commission or the attempted commission of crimes by a group of persons acting with
  a common purpose).

  In the case second case which is against Henry Kosegy (Industrialisation Minister),
  William Ruto (Suspended Minister of Higher Education) and Joshua Arap Sang the
  Chamber found reasonable grounds to believe that William Ruto and Henry Kosegy
  could be criminally responsible as indirect co-perpetrators in accordance with Article 25
  (3) of the Rome Statute for crimes against humanity i.e. murder, persecution and forcible
  transfer. The chamber found that though Joshua Arap Sang contributed to the crimes in
  accordance with Article 25(3) (d) but that there were no reasonable grounds to believe
  that was a co-perpetrator.

  The two decisions are both 24 to 25 pages long with plenty of ‘legalese’ but definitely
  worth the read.  There’s a shocking quality to seeing the reasoning process that led up to
  the issuing of the summons against the six named suspects starkly outlined in black and
  white.

  All the six suspects are now required to appear before the Pre-trial Chamber on April 7
  for an initial appearance. This step is likely to be followed by a confirmation of charges
  hearing, after which the court will decide whether or not the suspects should stand trial.

  At this stage it is essential to remember that issuance of summons is not declaration
  of guilt but rather finding that on the evidence provided by the Prosecutor there is
  reasonable grounds to believe that one or more crimes presented in the Prosecutor’s
  cases were committed, and further that there are reasonable grounds to believe that those
  named could criminally responsible for the crimes.

  Amidst the issuance of summons the standoff between ‘the government’ (the government
  in quotes because the government is not unified on this issue) and the ICC continues. The
  shuttle diplomacy seems to be going ahead unabated by dissent by certain members
  of government, Kenyan citizens and the United States’ reiteration that it will not be
  supporting the government’s deferral bid to the United Nations Security Council.

  Following the Vice President’s visit to the United States, the Deputy Secretary of State
  this week declared that the USA ‘does not support a UN Security Council resolution
  to defer Kenya’s ICC cases.’   However not to be out done the government will now
  challenge the admissibility of the two cases in the ICC, but that’s a different blog.

• Women and Top Political Office

  Posted: March 10, 2011, 4:02 am by admin

  
  
  

  By Mzalendo Contributor (@mmajiwa)

  If the results of the Infotrak survey published in yesterday’s papers is anything to go by

  the next election will be a good one for women candidates. According to the poll 60 percent of those surveyed would vote for a woman candidate.   Women’s performance in public office gets a 62 percent approval rating at parliamentary
  level, 29 percent at ministerial level and 24 percent in the civil service. Only 21 percent
  would not vote for a woman president.

  Of course there are those that will dispute the results of the survey and say that the data
  is unreliable as the results of any survey are skewed depending on the demographics
  of those interviewed. However, despite the arguments against the survey results the fact remains that the
  attitude change reflected by the survey results is certainly welcome and long overdue.

  With regards to gender distribution in our government looks something like this – out of
  222 parliamentarians only 21 are women, out of 42 ministers only 7 are women, out of 52
  Assistant Ministers only 6 are women. Women make up only 7 out of the 44 permanent
  secretaries and none of the 8 provincial commissioners are women. The percentage of
  women filling top posts in public office is still mostly in single digits, dismal. This needs
  to change.

  The good thing about the change in attitude regarding principles of gender equity and
  equality in public office is that these principles are enshrined in and protected by the
  constitution, hopefully constitutional protection will save us from the empty rhetoric on
  gender equality.

  With regards to political seats Article 27 (8) obligates the government to take legislative
  and policy measures to implement the principle that not more than two-thirds of the
  members of elective or appointive bodies shall be of the same gender. While Article 81
  requires that the electoral system comply with the same principle. Article 91 requires
  political parties respect and promote gender equality and equity. Article 197 (1) requires
  that not more than two-thirds of the members of any county assembly or county executive
  committee shall be of the same gender. The principle is also reflected at county level
  where Article 197 (1) requires that not more than two-thirds of the members of any
  county assembly or county executive committee shall be of the same gender.

  If the constitution is adhered to with regards to principles gender equity in elective and
  appointed positions the face of government should never look the same at least as regards
  gender distribution.

• Mzalendo Vox Pop: Anon from Ndia Constituency

  Posted: March 8, 2011, 7:41 pm by admin

  
  
  Mzalendo Vox Pop is a feature where we open up our blog to our readers to share their views on their constituency or on matters related to Parliament.
  Background: I am a resident of Ndia Constituency in the County of Kirinyaga, born and bred in this constituency, I have lived here for all my lifetime and privileged to work at home and therefore understand the dynamics in the constituency well.  The real picture of the constituency isn’t the one always painted by the media and in particular Royal Media Services (RMS) in their quest to campaign for the current member of parliament and Minister for Nairobi Metropolitan, Njeru Githae.   My friends usually tell me that I am lucky to come from Ndia constituency, they think of it as a Silicon valley of sort, however, this isn’t the reality, there are so many challenges facing this constituency. Challenges in the constituency: One of the biggest challenge is that of illiteracy, in-terms of lack of knowledge as far as voting for the right leaders is concerned. This has led to continual voting of people who do not care and mind about the people who put them to power in the first place and therefore engaging in pure political forgetting the masses year in, year out. For example, the current MP usually remembers the electorates a few months to elections, he comes with gifts in form of firewood, maize and wheat flour to woo the uneducated and illiterate to sing and dance to his tune. Another challenge is that of incompetent leaders who manage the CDF and constituency bursary kitties.  The current MP has filled the management committees with his cronies who are doing nothing but milk the kitties.  For example, during the financial year 2009-2010, apparently needy students in colleges and universities were awarded bursaries, however, the money never reached the schools in which the students studied in. This is due to the ineptness and potency posed by the managing committees. What would you like to change: While our constituency is endowed with rivers and we are lucky to have Sagana river pass in our constituency, we still over-rely on rain fed agriculture.  In the last season the rains have not been that reliable, therefore this will lead to many of the constituents who rely on farming to meet their daily needs go hungry, ironic that there are rivers which when the waters are harnessed for agricultural use by the hardworking people around the constituency can bear good fruits. Would you vote for your MP again?: With all that on my mind I wouldn’t give my MP a second chance, if anything I would start the process of recalling him from parliament if the clause worked right away. Who are the MPs potential challengers?: There is a competent lady known as Dr. Marion Mutugi a JKUAT don who if given a chance can take the constituency to the heights it desires to be in as far as agriculture is concerned. She has tried a lot to encourage farmers to plant alternative crops to maize and beans, she has gone a step ahead to introduce organic farming in the constituency.  Another individual who poses a threat to the MP’s ambition of another term is Maina Kiranga a lawyer by profession who currently works with USAID. He has been instrumental in funding the youth groups and encouraging them to leave immoral behavior so that they can earn a living from their own hard work. What would you tell your MP if you met them?: If the MP wants my vote, one way of redeeming his fall is by reconstituting the CDF  committees…some that are made up of people who never saw the door of a classroom.  In addition, he has neglected the constituency and left it in the hands of his mouthpiece – one Muriithi Kang’ara who dictates on what happens when. Mark you, the mouthpiece is a class 2 drop-out as word goes around the constituency.  This has rendered the MP inaccessible to the masses who elected him since for one of his constituent to see him he has to vetted by the mouthpiece and given an appointment on whether or not to see their MP. He needs to move out of the shadow of this guy. Also, there is something else that the MP needs to come out in the open and either deny or accept whether it’s true or false, in the past week or so, the provincial administration here was involved in the exercise of collecting signatures in support for a withdrawal of Kenya from the ICC process. In addition, there is talk that the signatures collected would be used to as a basis to force the prime-minister out of office. This leaves me with questions on the conduct of the MP, being a lawyer why does he want to support impunity and let the planners and organizers of chaos walk free without any punishment? Is this what he stands for being a lawyer? Impunity? Under whose directions and instructions were the provincial administration acting on? Is it a government project that we don’t know of. There are so many things that he should address, he should also stop acting all grandiose and beyond reproach, he should remember that his was a contested win and he has become so unpopular now!

• Election Petitions and the Establishment of the Independent Electoral and Boundaries Commission

  Posted: March 3, 2011, 1:36 am by admin

  
  
  

  By Mzalendo Contributor  – Moreen Majiwa (@mmajiwa)

  Since 2007 there have been unprecedented number of election petitions.
  Kenneth Marende, the Speaker of the National Assembly recently declared the
  Kamkunji parliamentary seat vacant after the High Court allowed an electoral
  petition filed by Ibrahim Ahmed disputing the results of the 2007 election in
  which Simon Mbugua was declared the winner. The Speaker is also expected to
  declare the Ikolomani parliamentary seat vacant following an election petition in
  which the High Court nullified the results of the 2007 election.

  A fair number of MPs have lost their parliamentary seat in the wake of election
  petitions filed after the 2007 elections: Bonny Khalwale (Ikolomani) Omingo
  Magara (South Mugirango), Joel Onyancha (Bomachoge), John Ngata Kariuki
  (Kirinyaga Central), George Thuo (Juja), Dick Waithaka (Makadara), Abdirahman
  Hassan (Wajir South), Simon Mbugua (Kamkunji), Ali Chirau Makwere (Matuga)
  and Margaret Wanjiru (Starehe).

  The flaws in the last election can be attributed in a large part to the inefficiency
  and lack of the independence of the now defunct Election Commission of Kenya.
  The sheer number of election petitions and MPs who have lost their seats to
  such petitions points to a flaw in our electoral system, and/or the country’s
  election oversight body.

  In two weeks the Bill to creating the Independent Electoral and Boundaries
  Commission (IEBC) will be tabled before parliament. The Chairperson of
  Parliament’s Justice and Legal Affairs Committee, Ababu Namwamba, yesterday
  stated that he expects to table the Electoral Act Bill on 17th March 2011, and the
  body to be established 14 days after the law is enacted.

  The IEBC is one of the 11 eleven commissions that parliament is mandated to
  create under the new constitution. The IEBC will be responsible for overseeing
  the election of the President, the National Parliament and county assemblies
  and governors. It will also be responsible for demarcating constituency and ward
  boundaries, for tackling problems with party nominations e.g. failure by parties to
  follow their procedures, vote buying, and the replacement of winners by others
  and the violence these practices cause.

  The IEBC has a few things that favor its ability to properly carry out its mandate
  and foster its independence. Unlike the ECK, IEBC commissioners will not be
  chosen by the President alone and should have a degree of independence as
  the constitution requires that IEBC commissioners are not closely connected to
  a political party. Further that no one who has stood for election to Parliament or
  held office in a party in the past five years can be appointed to the IEBC.

  Lets hope the Electoral Act Bill maintains these provisions and gives the IEBC
  the independence and the teeth that it will need to do its job properly.

• Mzalendo Vox Pop: Robert from Ainamoi Constituency

  Posted: March 3, 2011, 10:04 am by admin

  
  
  

  Mzalendo Vox Pop is a feature where we open up our blog to our readers to share their views on their constituency or on matters related to Parliament.

  
  Background:  I am Robert  from Ainamoi Constituency,  my MP is Benjamin Langat.
  

  I never voted in 2007 because I have never believed in politics or lets say politicians from my constituency are not elected genuinely or do not perform and never live up to their pledges and promises.

  Your constituency:  I come from one of the richest constituencies,  which boasts of tea production and tea estates which pulls up the economy of the county.  Our main problem is under-development, especially in social amenities; hospitals (deplorable state), schools(few, lacking facilities to upgrade the level of education),unemployment (the biggest threat since opportunities are obscured by the employers or even residents lack access to proper education which is more work-oriented).

  Challenges facing my constituency: Few professionals in the constituency or even if there are, no platform to transfer skills or knowledge since the leaders within the constituency prefer one who is associated/related with/to them.

  Positive developments in my constituency: The community is aware of the habits of politicians so they are conscious of themselves are more are now focused on their own development (self-employment).  Also investors are now keen to create employment with presence of three supermarkets, more banks coming up, an Ardhi house almost being completed, Saccos present.
  There are now forums to create awareness of opportunities which are beneficial to the community,creating platforms for investors to boost wealth of the constituency.  Leaders have to market their plans, ideas and have a competitive process to elect, not the ones whom we are being imposed on every election year by so-called ‘Elders’.

  Your MP:  My MP-Benjamin Langat – I might forgive him since he was elected after his late brother’s (David Too) untimely death ,  BUT so far we haven’t seen any developments which will make us defend or bring him back. On a scale of 1-10, he gets a 4 from me.  He’s hardly in the constituency, the CDF kitty is run by his cronies who ensure they serve the interest of his people.  He has a habit of controlling appointments of boards of schools which explains the poor performance of schools from the constituency.

  Potential candidates for the next election are few:

  • Gideon Koros is a performer both publicly and privately, he owns businesses which have flourished and he’s focused, sober, smart, religious, and concerned with the going-ons in the community.  He was a contender in the last elections but lost since he was a new-comer and he defeat conceded defeat and vowed to fight another day.
  • Chepkwony aka Timbilwet is another potential depending on which seat he’s after. He gave the late David Too a great fight for the seat but lost due to irregularities and alleged bribery.  He is a don of Kabianga Campus,an academician and veteran in the politics of the constituency.

  
  Message to your MP:   First, I will ask him to give me his score-card – the pledges he made and what he has achieved since 2007. Second, what has he done with/ for the youth and women of the constituency? Third, I would ask whether he has ever made any decisions by himself or he belongs to the sheep-mentality of following what other leaders are saying from the area without consulting the constituents?

• Full Ngilu (Ministry of Water Report)

  Posted: March 1, 2011, 12:22 am by admin

  
  
  

  The allegations of corruption against Minister of Water, Charity Ngilu, have been pouring in since late last year when her former Assistant Minister, Kiunjuri, presented a dossier with corruption allegations to KACC  In addition to the pending allegations currently under investigation by KACC and parliament, just last week, her Ministry was accused of embezzling Kshs 57 million belonging to the Kazi kwa Vijana program.   And the Minister appears to have been behind efforts to force out the Nairobi Water MD because he refused to endorse dodgy procurement contracts.

  Although she has been offered several opportunities to defend herself in parliament and before KACC, she has so far ignored them.  Instead she has chosen to argue that the allegations are the work of several individuals who are out to “fix her.”

  Conspiracy theories aside, the mounting evidence is damning.

  We have been able to obtain a full copy of the infamous Kiunjuri report and are sharing it here in the public interest and because it’s yet another example of just how brazen our politicians are about pilfering taxpayers’ money.

  Full report is available here (PDF, 1.4MB)

  Some highlights:

  • Inflated prices of goods – sandpaper bought at Kshs 220 instead of Kshs 10
  • Cost-overruns on dam construction without requisite work to justify
  • Conflict of interest with companies getting tenders for dam construction

  We are doing our part to keep our eye on our politicians, and so should you!

  Email cases of corruption in your constituency (or good performance) to info-at-mzalendo-dot-com

  A key component of citizenship is making sure we engage and do more than just complain – let our MPs know that we are watching.

The Lily Review

• Choosing the Right Bathing Suit for Your Body Type

  Posted: March 1, 2011, 11:30 am by admin

  There are many types of swimsuits in the market, and some will flatter your shape better than others will. Despite the many styles, the bathing suit will be either a one piece or a two-piece swimsuit. Cut, design, print, and fabric, will all play together to either enhance your shape or not. If you choose swimwear according to your body type, you have a better chance of liking the fit and how it enhances your shape.

  Whether you prefer a one piece or a two-piece, you can find a style that fits your figure. If you are an avid swimmer, you will feel more comfortable with a one-piece bathing suit. Therefore, consider the type of activity as well. Always go for fabrics that can stretch and give you some support, as well as breathable fabrics. Some bottoms are too loose and will keep riding up, no matter if they are the right size.

  One great solution is to buy separates that you can mix and match. Some women have problems finding a swimsuit in a size that will fit well top and bottom; however, if you choose separates you can find the perfect fit. You might wear one size on top and another at the bottom; this is common with pear shape women.

  If you are small on top, separates will benefit you as well, but stick with a top that has some padding, and lift to enhance your bust. Bandeau tops look good on women with smaller busts only; if you have a big bust try to avoid a bandeau top. In addition, if you are heavy on top, you will need to wear an underwire top for lift and support. Look for one piece that will enhance your cleavage and offer support, especially if it ties in the back of your neck. Tops that have thin straps might not work well for the full figure woman as they will not offer the needed support, and may contribute to a saggy bust look. Keep the straps as wide as you can, sporty tank tops offer great support. Match it to a cute bottom and you are set for the beach.

  When choosing a bathing suit it is all about balancing how your figure looks. Women who want to conceal a tummy may benefit from pieces that have built in tummy control fabric, and a waist enhancement such as scrunched fabric. One-piece styles will flatter best.

  If you want to create the illusion of longer legs, try a high cut bottom, use fabrics that lengthen the silhouette such as vertical stripes, and try to wear a top that will get the attention away from the bottom part. Women with long legs can try horizontal stripes and a bottom that has a skirt or ruffles. Avoid anything that will lengthen your legs or torso more, such as vertical lines. A balance can be found with short style bottoms or a connected two-piece that looks like a one piece, but is open at the sides.

  Overall, play with different fabrics and styles until you feel the one that balances your body.

  Image credit: nruboc

  Author: Hannah Derrah
  Bio: Hannah is a hardworking freelance writer that enjoys her spare time by getting herself in her beachwear and having some fun in the sun.
  You might also like:

  • What Is My Body Shape?

  
  

mzalendo :: Eye On Kenyan Parliament

• Infographic: Who Does What Under New Constitution

  Posted: February 28, 2011, 1:51 am by admin

  
  
  

  Trying to figure out who is supposed to do what as far as government functions under the new Constitution?

  This nice infographic might help.

diasporadical.wordpress.com

• Daily Dozen: 28/02

  Posted: February 28, 2011, 7:20 am by Admin

  - Barack Obama for the first time calls on Col Gaddafi to step down [Telegraph] - #KenyaFeb28: Online Call to Nationalism [GlobalVoices] - Learn to Love The Revolution [TIME] - 3 Years of National Discord [KDP] - The surreal playboy … Continue reading →

mzalendo :: Eye On Kenyan Parliament

• On Censure Motions

  Posted: February 27, 2011, 12:28 am by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  Budalang’i MP and chairperson of Parliament’s Justice & Legal Affairs
  Committees, Ababu Nwambamba, seems to be the latest in number of
  government officials facing threats of removal from office or censure motions.

  8 MPs have signed a petition giving three days notice for the removal of MP
  Ababu Nwambamba as chair of the justice & legal affairs committee under
  Standing Order 175, which permits a vote of no confidence against the
  leadership of a committee by a majority of its members. The calls for removal of
  office came after the Justice and Legal Affairs committee submitted reports on
  the validity of judicial nominations.

  I say latest because recently there has been an alarming number threat of
  censure motions or calls for removal office – 4 in the last month alone.

  This week some MPs called for the early removal of the Attorney General Amos
  Wako from office, his term ends 27th August 2011. The call for his removal came
  after his statement in court that the nominations for AG, DDP, CJ, and Budget
  Controller were improper.

  The MPs calling for the AG’s removal feel that his statement over the impropriety
  of judicial nominations undermined both the president and the ‘governments’
  position on the nominations. They have also accused him of failing to properly
  defend the government in a case brought by women’s organisations on the
  constitutionality of the nominations.

  Last week the Speaker of the of National Assembly, Kenneth Marende also faced
  threats of censure when the Vice President and Head of Government business
  and a section of MPs threatened move a motion censuring the Speaker following
  his ruling that nominations were unconstitutional.

  And earlier this month 14 legislators threatened to lead a censure a motion
  against the Prime Minister, following the row with the President over the
  nominations. ‘If he continues like this we are going to move a motion of no
  confidence against him’ stated Kaloeni MP Kambi Kazumgu.

  The basis of all these motions seem to be having a dissenting opinion, rather
  than an actual inability to perform ones duty, or acts of gross conduct. Furthermore,
  these motions and calls for removal from office seem surprising given that no
  such or calls motions have been brought to censure parliamentarians that are
  being investigated for drug trafficking, or ones that have been mentioned in
  connection with crimes against humanity in the international criminal court case,
  or ones who have ongoing cases criminal cases and whose personal interests
  may actually be conflict national interests.

  When did disagreement become a reason for removal from office and what is the
  impact of such vexation censure motions on independent thought?

Nick Hargreaves

• home.co.ke(Access Kenya)Top 10 Design Flaws

  Posted: February 27, 2011, 12:16 pm by admin

  www.home.co.ke is owned by Access Kenya and branded as Kenya’s information portal. What they intend to do with the site is not very clear since despite being positioned as an information source on Kenya it appears to be a lazily compiled collection of random articles....

Kenya 28th February

• Kenya Harlequins supports Kenya28Feb

  Posted: February 27, 2011, 7:42 am by admin

  Kenya Harlequins RFC, Kenya Rugby Champions 2011, support Kenya28Feb!

  Kenya Harlequins RFC, Kenya Rugby Champions 2011, support Kenya28Feb!
  Thank you for the support gents!

  The car park between RFUEA and Ligi Ndogo on Ngong Road is a Kenya28Feb venue where Kenyans will congregate to Sing and Unite.

• Chris Bittok jazzes up the National Anthem

  Posted: February 26, 2011, 8:03 pm by admin

  Chris Bittok, jazz saxophonist extraordinaire, plays the National Anthem of Kenya for the Kenya28Feb.

  Chris also supports Kenya28Feb. Thank you Chris for taking time to demonstrate your love for your country!

• Chris Adwar Plays the National Anthem

  Posted: February 26, 2011, 2:13 pm by admin

  Watch Chris Adwar playing the Kenya National Anthem. Chris is the Music Director for The Villagers band – A Fusion Band from Nairobi, Kenya, that blends rich afro sounds with smooth western overtones. Thank you Chris for supporting Kenya28Feb.

• Ngwatilo Mawiyoo brings life to the National Anthem of Kenya

  Posted: February 26, 2011, 1:22 pm by admin

  Tags:   

  Ngwatilo Mawiyoo is one of Kenya’s and Africa’s most talented and innovative young poets. Ngwatilo has steadily built a name for herself as a poet, performer, actress and musician in Kenya and the region.
  Listen below to hear Ngwatilo bring life to the National Anthem of Kenya in her own unique style.

diasporadical.wordpress.com

• Daily Dozen: 25/02

  Posted: February 25, 2011, 7:36 am by Admin

  - Rambo reigns: Museveni and Uganda [Economist] - Gaddafi who is the new Bin Laden, blames Bin Laden who was the new Gaddafi, of being behind revolution. Ironic? [BBC] - The limits of the ‘Twitter revolution’ [Guardian] - Would Snap … Continue reading →

mzalendo :: Eye On Kenyan Parliament

• Where is the money for public education going?

  Posted: February 24, 2011, 2:18 pm by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  The topic of education has been receiving a lot of play in media recently.  Whether or not to reform the 8.4.4 system?  The introduction quota system for entry into national secondary schools, whether or not to scrap the parallel course at public universities, are all part of the debate.  Today’s Standard newspaper has an interesting story on Jua Kali National Schools.  The story is about the Ministry of Education’s plan to upgrade about 100 provincial secondary schools to national schools to ensure that more students graduating for primary school have access to a national school education. As the article rightly points out, a change in the status of a school from provincial to national adds little value if nothing is done to improve the schools infrastructure and/or the quality of the education given in the schools, and is unlikely to equip the children going to these newly ‘nationalised’ schools with the knowledge and skills to advance themselves.

  The low quality of public education is surprising given the amount of money that goes into the system. The National Taxpayers Association revealed just how much taxpayers money goes into the education sector, about Kshs 6.6 billion annually. Frankly for that amount I would think the public education system would be in better shape both quality and infrastructure-wise particularly in the rural areas. Did you know every year, Kshs. 30 million is set aside for each constituency to construct a centre of excellence? And that each constituency is expected to equip two primary schools with water harvesting facilities costing Sh. 1.47 million? And that in addition to CDF, the government allocates millions of shillings to every constituency for education through the Economic Stimulus Project. I live in Nairobi, but when I look at the school in my “shagz”, Karachounyo Constituency, I’m hard pressed to believe that the constituency receives even Kshs. 1 million let alone Kshs. 30 million every year for education. Further neither the primary nor the secondary school could be termed centres of excellence.

  So my question is where is the money going?

Kenya 28th February

• Kenya 7s Rugby Team Endorses Kenya28Feb

  Posted: February 24, 2011, 11:05 am by admin

  We are grateful for the patriots in the Kenya 7s Rugby Team for taking time out from their busy training schedule to endorse the Kenya28Feb initiative. The all conquering Kenya 7s Rugby Team is a source of massive pride as true ambassadors of Kenya whenever they represent the country. They put their bodies on the line week in week out for the honour of wearing the Kenya rugby shirt. We salute you gents!

The Lily Review

• Ask Lily: Where can I buy an engagement ring?

  Posted: February 24, 2011, 9:00 am by admin

  Hi,

  I know this is a women’s site but I’m like desperate. I want to buy an engagement ring for my girl here in Kenya but I have googled to no avail cannot find any place online. Give me idea where i can go buy. Thanks.

  Steve
  You might also like:

  • Wedding Bands

  
  

mzalendo :: Eye On Kenyan Parliament

• Task Force on Devolved Government

  Posted: February 24, 2011, 4:23 am by admin

  
  
  

  Have an opinion on how counties should be run?  The Task Force on Devolved Government has commenced sittings and you can find their details here.

  You can also submit your views over email: devolvedgovt-at-gmail.com, OR
  devolvedgovt-at-localgovernment.go.ke

diasporadical.wordpress.com

• Daily Dozen: 23/02

  Posted: February 23, 2011, 7:40 am by Admin

  - Why Kibaki withdrew list of nominees [EAS] - Why Ocampo Six matter more than 38m ‘stupid’ Kenyans..[EastAfrican] - Museveni is on the ropes [KenOpalo] - Check out the shoe-thrower’s index [Economist] - Gaddafi: Cruel. Vainglorious. Steeped in blood. And … Continue reading →

mzalendo :: Eye On Kenyan Parliament

• Public Notice on Kiplagat Tribunal

  Posted: February 22, 2011, 5:24 pm by admin

  
  
  

  Please see this document for details.

diasporadical.wordpress.com

• Daily Dozen: 22/02

  Posted: February 22, 2011, 7:40 am by Admin

  - Using Facebook for activism is fraught with risks [BL] - Birth Control for Men? 3 Promising Advances [AlterNet] - All Hail Our Dictators and Tyrants [Your Blogger's Favourite Blogger] - Libya, Libya, Libya! [Reuters] - Egypt and Tunisia How … Continue reading →

• Daily Dozen: 21/02

  Posted: February 21, 2011, 7:38 am by Admin

  - ‘Happy Birthday, Mr. Dictator’ [AllAfrica] - Africa is not poor. But She must spread the wealth! [Economist] - Kenya’s object lesson to Cairo on how hope can be raised and then crushed [DN] - Is the rest of Africa … Continue reading →

mzalendo :: Eye On Kenyan Parliament

• Checks and Balances in Nominations and Appointments

  Posted: February 11, 2011, 7:17 pm by admin

  
  
  

  By Moreen Majiwa (@mmajiwa)

  It has been a little over two weeks since the announcement of the nominees for Attorney General, Director of Public Prosecutions, Chief Justice and Budget Controller. Since then a lot of ‘he said this, he said that, I didn’t say, I didn’t say’ has ensued been between the camps of the two principles. However despite the noise crucial progress has been made, progress that will hopefully chart the path forward for future nominations and appointments.

  The first is the progressive ruling by High Court Justice Daniel Musinga made last week. The High Court judge ruled that it would be unconstitutional for the State to carry on with the process of approving and eventually appointing the nominees for Chief Justice, Attorney General, Director of Public Prosecutions and Budget Controller based on nominations of the individuals made by the President on 28
  January 2011.

  The Judge found that the nominations were unconstitutional because  all four nominees were male and  no reasonable explanation had been given as to why there were no women among the four nominees.

  He therefore found the nominations in violation of Article 27 (4) & (5) of the constitution which prohibits discrimination of grounds of sex, Article 27 (3) which guarantees equal treatment to both men and women, and Article 129 which requires executive powers be exercised in accordance with the constitution.

  The ruling will hopefully ensure that consideration of gender equality is an integral part of future nominations and appointments to all levels of public office.

  A further point of progress is the ongoing interrogation of the use of executive powers and the manner in which the powers are exercised in nomination and appointment processes.

  Where as previously executive decisions, particularly those made by the President, were expected to be accepted without question. Since the controversial nominations a precedent is emerging were relevant parliamentary committees inquire into the process of decision making by the executive.

  The on-going interrogation of the nomination process by the parliamentary committees allows the public to scrutinize the interests and motives that drove nomination process, and examine the accountability of the executive and constitutionality of its decisions.

  Hopefully this will result in a situation where knowing that the exercise of the executive powers will and can be interrogated, and are subject to the checks of parliament will cause the executive to abide by the rule of law in the exercise of its powers.

  And a reminder more than the ever, that a key part of entrenching the new constitution is constitution building.

• Deferring Kenya’s ICC case – why waste taxpayers money?

  Posted: February 9, 2011, 3:59 pm by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)
  

  Intense lobbying by the Vice President for African Union (AU) support for deferral of Kenya’s ICC case seems to have yielded results. Last week at the AU summit, support for the deferral was resounding Kenya gained the backing of both the Executive Council (AU ministerial level) and the General Assembly (AU Heads of State Level).

  However the AU’s support for the deferral of the Kenya case is unsurprising. The AU made a similar request for deferral in the Sudan case after the UN Security Council referred situation in Darfur to the Office of the Prosecutor (OTP).  Of course, the circumstances are slightly different.  In the case of Sudan the AU Peace and Security Council requested deferral after the OTP submitted its ‘application for the issuance of the arrest warrant’ against Sudan’s president, citing that the timing of the request for arrest warrants could jeopardize the ongoing Darfur peace process.

  In Kenya we’re still at the summons stage, no application has been made for the issuance of warrants, and our peace process (if it can be called that) was completed in 2008.  It is worth noting however that despite an ongoing peace process and active violence in Darfur the Security Council still rejected the AU ‘s application to have Sudan case deferred. So what are Kenya’s chances and what are the requirements for deferral of Kenya’s case?

  The clause the government is relying on to make its case for deferral is Article 16 of the Rome Statute which provides for postponing investigations or prosecutions for a period of 12 months on the adoption of a Security Council Resolution taken under Chapter VII of the UN Charter. (Side Note: Why is parliament trying to use the very same statue it is planning to pull out of to defer its ICC Case?)  Chapter VII of the UN Charter would allow the UN Security Council to defer a case to ‘maintain or restore international peace and security’ if it determines the existence of any threat to the peace, breach of peace or act of aggression. Chapter VII resolutions are rare and tend to be used only in extreme circumstances.  So far in the case of Kenya, there is nothing to indicate that the continuation of the ICC proceedings would create a threat to peace and security as envisioned by Chapter VII of the UN Charter.

  Furthermore,  Kenya would require the support of if 9 of the 15 members UN Security Council and the support of the all the permanent members. One veto by a permanent member (China, France, Russia, UK and US) of the Security Council would result in refusal to defer the case. Plans are currently underway to lobby the members of the UN Security Council to support the deferral with a special Cabinet team being set up to taken on the task.

  One of the main reasons given by a certain section of government officials for deferral is the reform of Kenya’s judiciary and Kenya’s ability and willingness to now try the 6 ICC suspects. However Article 16 of the Rome Statute is clear as to the circumstances that warrant deferral, ‘reforming’ is not one the criteria.

  As it stands deferral seems unlikely, and this begs the question what is the true motive behind spending millions of taxpayers shillings on a process that is unlikely to succeed?

The Lily Review

• My Dream Chic?

  Posted: February 9, 2011, 9:00 am by admin

  This name came to me under inspiration. My Dream Chic. We always dream that we will get hooked up to that person of our dreams. So with the hope that I was someone’s dream or was in someone’s dream… even as a passerby… hehehe… I refer to myself as Dream Chic.

  May be the reason why people walk up to you and tell you that you look familiar is because you have featured in their dreams. Most likely as an extra and not as the main feature because if you were the main feature they would not be vague when they approach you, like they try so hard to remember your name and where they know you from.

  And how does this dreams thing work anyway? I thought that dreams filter from the sub-conscious meaning that if someone came and said to you that they saw you for the first time and you were the person of their dreams would that be an oxymoron?

  Further exploring on this issue of dreams, if someone once said to you that you were the boy/girl of their dreams then they left you with a broken heart what does that mean? Could it mean:

  • They woke up before the dream was over so they did not get a chance to see how the dream would end
  • They have dreamt about it ending and so they were enjoying it while it lasts

  And what is so special about being somene’s person of their dreams? People usually sleep after a hard day’s work and are semi-dead when they are asleep so what effort did they put in dreaming about you?

  How about they tell you that you are the person of their hard work or the person of their passion or even the person of their pursuit…hehehe…very unromantic I know but practical all the same. I guess there is a reason why some of the things we say to the people of of dreams are termed as ‘sweet-nothings‘ very impractical words put together and how does one become a person of another’s dreams when the same person who is meant to be dreaming tells you ‘I can’t sleep because of you‘, ‘I cant eat because of you‘, etc. How do you dream and not sleep at the same time? Day-dream perhaps? Then you would not be the person of their hardwork because they are busy daydreaming instead of working. Then in the end you say you never saw the red flags earlier. Look, red flags and red tents all over.

  I promise I will write better next time

  Author: Shiro Renee
  Bio: I love to read but am not a very regular writer
  You might also like:

  • Of Minumum Wage Love
  • I need a ‘girl’
  • Believing in Love
  • Misconceptions ladies have defined
  • Happy long-long-after-Valentines Day

  
  

diasporadical.wordpress.com

• Daily Dozen: 09/02

  Posted: February 9, 2011, 7:30 am by Admin

  - Hey Esther Murugi, here’s another controversial HIV strategy you can look at. [NYT] - To Fight Poverty, Invest in Girls [TIME] - Zuma asks his people for feedback ahead of State of Nation Address from Twiitter and Facebook [M&G] … Continue reading →

• Daily Dozen: 08/02

  Posted: February 8, 2011, 7:58 am by Admin

  - Youth unemployment: A smouldering fuse? [BBC] - New Mosquito Discovered In Africa That Malaria Parasite Likes Better [MNT] - Africa can live up to its promise [Mail&Guardian] - Droughts, Floods and Food [NewYorkTimes] - Was George Bush Right? [Economist] … Continue reading →

White African

• Eight Different Star Symbols For Facebook Chat

  Posted: February 7, 2011, 11:00 am by admin

  It’s 2011, and although this New Year post might be a little late, here is a special list of eight different star symbols for Facebook chat! You can copy them from this website and really make your chat, wall messages and statuses stand out! Eight Different Star Symbols For Facebook Chat This list of star [...]

diasporadical.wordpress.com

• Daily Dozen: 07/02

  Posted: February 7, 2011, 8:30 am by Admin

  - Why Kenyans may have to wait a little longer for new CJ [DN] - You are either for or against impunity [EAS] - The shaping of a New World Order [Al Jazeera] - Africa’s top five billionaires [ABR] - … Continue reading →

mzalendo :: Eye On Kenyan Parliament

• He Said, He Said…Who is Right on the Judicial Nominations?

  Posted: February 2, 2011, 8:40 pm by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)
  

  Yesterday the impasse between the President and the Prime Minister on nominations for Attorney General, Chief Justice, and Director of Public Prosecution, came to ahead in Parliament and on TV for all to see.

  The issue – whether there had been consultations between the two Principals over the proposed nominees. While it’s not the only controversial issue surrounding the nominations, whether or not consultations took place is crucial to the determination of the constitutionality of the nominations made for the positions Chief Justice, Director of Public Prosecutions and the Attorney General.

  Section 24 (2) and 29 (2) of the Sixth Schedule are both clear on the topic of consultation.

  Section 24  (2) ‘a new Chief Justice shall be appointed by the President, subject to the National Accord and Reconciliation Act, and after consultation with the Prime Minister and with the approval of the National Assembly.’

  Section 29 (2) ‘Unless this Schedule prescribes otherwise, when this Constitution requires an appointment to be made by the President with the approval of the National Assembly, until after the first elections under this Constitution, ‘the President shall, subject to the National Accord and Reconciliation Act, appoint a person after consultation with the Prime Minister’

  Until yesterday the Prime Minister had maintained that no consultations were had between the President and himself. So it was surprising when the Vice President and Head of Government Business stood up and proceeded to read out minutes of what seemed to be a lengthy consultation between the President and Prime Minister on the issue of the judicial nominees.

  While the Prime Minister conceded that the meeting between took place between President and himself. The Prime Minister stuck to the position that what took place between the President and himself did not constitute a consultation on nominees. He insisted that  it was not the main purpose of the meeting and no conclusion was reached as to whom the nominees should be. Furthermore,  he suggested that further consultations be held before the names of the nominees were forwarded to government.

  Mzalendo has obtained the full minutes read by the Vice President before Parliament do they constitute a full consultation? You decide…the minutes of the consultation can be downloaded here (543 KB PDF)

• Public Campaign in Support of ICC

  Posted: February 2, 2011, 1:56 pm by admin

  
  
  

  There are a number of events scheduled in the next few days to display Kenyans’ disgust with the impunity of our politicians.  See below for details:

  1. A Peaceful Procession from Freedom Corner to Parliament WHEN: Thursday February 3, 2011 from 12:00 pm WHO:  Kenyans from all occupations are called upon to participate MEETING POINT: Freedom Corner.  This is to protest the continued and blatant acts of impunity by our leaders. This has been clearly demonstrated by the ongoing political actions to scuttle the ICC process through a motion passed in parliament to withdraw from the Rome Statute; misuse of public funds in lobbying African states to support the postponement of the ICC process and undertaking to pay legal fees for the Hague suspects; disregard to the rule of law and the Constitution.

  2. MOMBASA KATIBA YETU, MAISHA YETU PUBLIC FORUM ON SATURDAY, FEB 5th Muhuri, CJPC Mombasa and Haki Yetu have planned a Katiba Yetu, Maisha Yetu public forum to be held on Saturday February 5 in Mombasa. Prof Ghai, Catholic Archbishop Boniface Lele, ACK Bishop KALU, Father Dolan, members of the Council of IMAMs and CICC & other coastal clerics will be signing up for the YES to ICC Now, No Deferral’ campaign on the day. They will also follow up with region-wide door to door visits, as they work towards their target of at least 50,000 signatures.

  3. NAKURU, NAIROBI AND NYERI DISCUSSION FORUMS

  Stakeholder discussion forums will be held in Nakuru (February 8 – 9), Nairobi (February11 – 12) and Nyeri (February 18). Candid conversations will be held on the effects of ICC, as well as the importance of this campaign. Signatures will be collected, and signature collection booklets handed out to volunteers to collect additional signatures around where they are. Another 4-6 forums are being arranged for other locations, and we will keep you updated

  4. Diaspora:  BONIFACE MWANGI (PICHA MTAANI) ‘NEVER AGAIN’ PHOTOGRAPHIC EXHIBITION IN USA

  • Boniface Mwangi will be taking the ‘Never Again’ collection of his work to Rutgers University (New Brunswick, New Jersey) at the Center for African Studies (CAS) from February 14-28, 2011. ‘Never Again’ has already been exhibited in eight towns in Kenya, and been viewed by over 500,000 people in the country. The collection of photographs captures tragic moments of the PEV.
  • He will also be engaging with scholars, students and the American public about the subject of the exhibition, as well as have to speakers on the topic of ‘violence & healing’. (I.e Ngugi Wa Thiongo & Gabrielle Swab-Chancellor of Comparative Literature at University of California).
  • He will be collecting signatures for the ‘YES to ICC Now, No Deferral’ campaign. His exhibition is geared at educating Kenyans in the diaspora about what the PEV was like, as well as sensitizing them to be vigilant/concerned about how every dollar they contribute towards political causes in Kenya, is used.
  • The exhibition might move on to New York, DC & Chicago after Rutgers, but he will keep us updated.

  5. COLLECTION STRUCTURE: Starting Monday  February 7,  2011 Nobel Laurette Wangari Mathai’s Green Belt Movement will set up a Peace Tent at Kencom Bus Stop in Nairobi’s CBD, where people can sign up in support of the campaign, and also collect material on the ICC. This tent will over the next 3 weeks move between Kencom and Railway Bus-stop, and maybe even all the way to Machakos Bus-stop. GBM will also have additional tents moving into various estates in Nairobi. GBM also has 36 EOs who work for the across the country, and they will distribute bound signature collection booklets to them in batches of 2,000. They also have a presence in one way or another in 174 constituencies, and they will mobilize this network as well, to sign up on this campaign

  
  

• Judiciary Nominations

  Posted: February 1, 2011, 5:38 pm by admin

  
  
  

  By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

  The announcement of nominations of the Chief Justice, the Attorney General, and the Director of Public Prosecutions (DPP) took people by surprise.

  Since the nominations there have been mixed messages about the constitutionality of the nominations one faction of leaders say that the nominations were in order and the other that the nominations are unconstitutional.

  The constitution is quite clear with regard to nomination of the Attorney General (AG). Article 132 (2) (b) and Article 156 (2) state the AG shall be nominated by the President and with the approval of the National Assembly, appointed by the President. So the nomination so far would appear constitutional, were it not for the transitional and consequential clauses in Schedule 6.

  With regard to the nomination of the Director of Public Prosecutions the constitution states the DPP shall be nominated and with the approval of the National Assembly, appointed by the President, Article 157 (2). The clause is vague as to who does the nominations so that validity of nomination is up for debate. From the construction of the clause one can assume the President is the one to nominate. However if this was intention why isn’t clearly stated as with the same manner with the process for nomination of AG?

  The most contentious nomination of the three is that of the Chief Justice (CJ). Article 166 (1) (a) clearly states that the President shall appoint the CJ in accordance with the recommendation of the Judicial Service Commission and subject to approval of the National Assembly. The Judicial Service Commission did not make the recommendation as required by the constitution and they have clearly stated so. Therefore the nomination of the CJ is unconstitutional.

  In addition for appointment of the Chief Justice consultation between the two Principals is specifically provided for. Section 24  (2) Schedule 6 states ‘a new Chief Justice shall be appointed by the President, subject to the National Accord and Reconciliation Act, and after consultation with the Prime Minister and with the approval of the National Assembly.’  Meaningful consultation can only take place at the stage of nomination. The president cannot nominate without consulting, wait for the vetting to take place and then consult just before the appointment.

  Similarly the nominations for AG and DPP require that there be consultation between the President and the Prime Minister. Section 29 (2) of the Sixth Schedule states that when the President is making an appointment that requires approval of the National Assembly ‘the President shall, subject to the National Accord and Reconciliation Act, appoint a person after consultation with the Prime Minister’ (until the after the first elections under the constitution).  The reasonable sequence would appear to be that the President and the Prime Minister consult on suitable persons agree and forward the name National Assembly for approval, and only after approval can the President appoint the person.

  Another pressing issue  is that out of the four nominations, including the Budget Controller, none is a woman. This flies in the face of gender equality and equity and is tantamount to discrimination against women that contravenes Article 27 (4) of the constitution that prohibits discrimination on the grounds of sex.

  As the drama around the nominations play out in the press, it does appear that the nominations, at minimum, are in breach national values and principles of governance outlined in Article 10 of the constitution i.e. the rule of law, participation of people, equality and non-discrimination, good governance, transparency and accountability.

• The ICC and Media Responsibility

  Posted: January 28, 2011, 10:43 am by admin

  
  
  

  By Mzalendo Contributor Moreen Majiwa (@mmajiwa)
  On Wednesday I went to a public forum on media responsibility in reporting on the ICC processes. The panel was made up of Gichugu MP Martha Karua, Former TJRC Vice Chairperson and transitional justice expert Kaari Murungi, Nation Editor Macharia Gaitho and the Head of Article 19 Henry Maina.
  Chepalungu MP, Isaac Ruto was also scheduled to be there but he didn’t turn up.

  The topic was particularly interesting because of the critical role the media plays in gathering and distributing information in an environment where transparencyon government business is limited.

  Outside official government statements the media remains one of the few avenues through which we can know exactly what our government is doing and through which our right to information is exercised. So what do we as Kenyans and consumers of media expect from it?

  Most of those present at the forum expected the media to provide factually accurate, fair, balanced and impartial coverage of events, and as one of the panelists remarked Kenya being a pos- conflict country the media had an additional duty to be constructive in its reporting and an agent of reducing conflict
  rather than exacerbating it.

  While the panelists lauded the media’s coverage of the ICC process as well as the evolution and maturity of the press since its coverage of the 2007/2008 post-election violence, they also criticized the media of becoming progressively embroiled in the politics and losing cite of the main issues.

  Some of the criticism levelled against the media included:

  • The lack of media of memory has meant that politicians have and continue to be allowed to behave badly – going back on promises, and flip-flopping on issues with no one to hold them to account for earlier utterances, particularly with regards to their initial support of and subsequent withdrawal of support for the ICC process.
  • Because the media had become so caught in the politics, they have become a platform for the theatrics of politicians thereby emboldening impunity rather than being a voice of truth.

  However it must be acknowledged that similar to most Kenyans, the ICC process is also new to the media and there still needs to a built a competency within the press on reporting on the ICC. What do you think of presses coverage of the ICC process so far?

  Is the media losing its agenda-setting platform in its coverage of the ICC?

• Parliament has no business to transact? Really?

  Posted: January 25, 2011, 1:08 am by admin

  
  
  

  By Mzalendo Contributor (@mmajiwa)
  Last week, in an unprecedented move, parliament opened for 24 hours and then went back on recess.  The given reason -  there was no business for members to transact and therefore no reason to keep the legislators in House.

  But lets review:

  • The Judicial Service Commission (JSC) is still to be fully established. The deadline for its establishment is way overdue. The constitution required that the JSC be set up within 60 days of promulgation i.e. October 27th last year. Judicial Service Bill and Vetting of Judges and Magistrates Bill also waiting debate.

  • The Supreme Court still needs to be established this is no small task. The constitutional deadline for the setting up of the court is one year after promulgation that makes the deadline August 2011.

  • The positions of Chief Justice and Attorney General become vacant in February and March both the yet to be formed JSC and parliament play a big part in filling the upcoming vacancies.

  • The tribunal that is to vet judges and magistrates still needs to be formed.

  • Salaries and Remuneration Commission still needs to be set up. The constitution requires that it be set up 9 months after the date of promulgation i.e. by May 2011.

  • The constitutional deadline for the establishment of the Independent Electoral andBoundaries Commission, Ethics and Anti Corruption Commission, The Kenya National Human Rights and Equality Commission is one year after promulgation i.e. September 2011.

  • There is also pending legislation. Legislation on elections, electoral disputes, political parties, legislation on citizenship, legislation on vacation by MPs, legislation governing the new judicial system, legislation on the vetting of judges, and legislation governing devolution of government.

  • The Police Reform Bills tabled by internal security Minister George Saitoti still need to be debated. In light of recent incidents involving the police this is more urgent than ever.

  • The daunting task of establishing a devolved government before the next election still remains. The debate on the new 80 constiuencies and their boundaries is also pending.

  The issues listed above exclude the normal day-to-day business of parliament. So contrary to the claim that there is no business to transact, it seems there is too much business to transact!  The sheer magnitude of what parliament needs to accomplish this year warrants their immediate return to work.

  
  

diasporadical.wordpress.com

• Daily Dozen: 25/01

  Posted: January 25, 2011, 7:46 am by Admin

  - Gbagbo will attempt to assuage Raila’s bruised ego [DN] - Is Safaricom toast? [FCK] - Kenya’s Banking Revolution [TIME] - A reading nation? [SMA] - Deforestation and Climate Change in Kenya [KFB] - The Economics of Big Love [NYT] - Episode 12: Too Tight For Men [Nairobi Nights] - They say we have freedom, [...]

mzalendo :: Eye On Kenyan Parliament

• TARDA Scandal / Audit Report – Anyone Care?

  Posted: January 24, 2011, 11:39 am by admin

  
  
  

  An audit of operations at the Tana River Development Authority (TARDA), which was leaked several months ago, has revealed a number of questions in the operations of the body and its use of public funds.

  The detailed report, originally obtained from here can be downloaded here (307 KB PDF).  The report is nothing less than a detailed manual on how to fleece a government parastatal – from  ghost workers, to work done Kshs 45 million but no contract, to unnecessary pesticides, allocation of Kshs 35 million to plant rice that wasn’t planted (but money spent), and payment of domestic works for (5 each) for the MD and Deputy MD.

  We find it curious that months later, there has been scant media reporting about the scandal and little or no government reaction to the report…especially in light of recent reports that Kenya is about to face yet another drought.  To make matters  worse the current MD had been previously fired for stealing from the Ministry of Foreign Affairs is on no one’s radar.  Wouldn’t it be great to have a day of news that doesn’t focus on the newest political (read tribal) alliance, but instead focuses on how the government is fleecing taxpayers?

  To give credit where credit is due, at least several Member of Parliament have raised the issue of TARDA’s mismanagement in Parliament – including the selection process of the current MD.   However, the Minister’s Response is insulting to say the least..read on.

  APPOINTMENT OF TARDA MANAGING DIRECTOR (from Hansard 23rd July 2009)

  Mr. Linturi: Mr. Temporary Deputy Speaker, Sir, I beg to ask the Minister for Regional Development Authorities the following Question by Private Notice.

  (a) What is the name, qualifications as well as the procedure the Minister used in the
  recruitment of the current Managing Director of Tana and Athi Rivers Development Authority (TARDA)?
  (b) Was due diligence carried out in establishing his qualifications and suitability for the job and was the appointment in conformity with the Government regulations or guidelines regarding the appointment of such officers?
  (c) Could the Minister confirm that the Managing Director is the subject of corruption
  related investigations arising from his conduct during his tenure in the diplomatic service?
  Mr. Temporary Deputy Speaker, Sir, I have not received a written answer from the
  Minister.
  

  The Minister for Regional Development Authorities (Mr. Gumo): Hapana uliza
  maswali mengi hapa! Mr. Temporary Deputy Speaker, Sir, I beg to reply.
  
  (a) The name of the current Managing Director of TARDA is Mr. Francis Musumba
  Agoya. He is a Bachelor of Commerce Degree holder. The procedure that was used in the
  recruitment of the Managing Director was as follows:-
  (i) The Board of TARDA advertised the vacant position in both the Daily Nation and The
  Standard newspapers on 3rd February, 2009. A human resource consultant, M/s Manpower Services Limited, was appointed to assist the Board in the recruitment process. A sub-committee comprising of a number of Board members, including the Chairman, was appointed to work with the human resource consultant in carrying out the recruitment process. Following the advertisement, 94 applications were received. The consultant shortlisted 11 candidates for further interview. The sub-committee, with the assistance of the human resource consultant, interviewed the 11 shortlisted candidates on 23rd March, 2009 and shortlisted the under-listed three suitable candidates , whose names were forwarded to my office by the Chairman of TARDA on 2nd April, 2009 for consideration.
  In exercise of the powers conferred to me under Section 10(i) of the Tana and Athi Rivers
  Development Act, Cap.443, and in my capacity as the Minister for Regional Development
  Authorities, I appointed Mr. Francis Musumba Agoya to be the Managing Director of TARDA for a period of three years with effect from 24th June, 2009. As required by the law, the appointment was published in the Kenya Gazette Volume CX1, No.62 of 17th July, 2009. Giving due regard of that recruitment procedure, the appointment was in conformity with the existing Government regulations and guidelines.
  (b) I believe that TARDA and the consultant were duly satisfied with the qualifications
  and the suitability of the three candidates that they had recommended to my office for
  consideration for appointment to the post.
  (c) I am not aware and, hence, cannot confirm that the Managing Director is subject to
  corruption related investigations arising from his alleged commissions during his tenure in the diplomatic service.
  Mr. Linturi: Mr. Temporary Deputy Speaker, Sir, I beg the indulgence of the Chair to
  enable me to take the Minister through what is happening within his Ministry. There are issues or
  matters that he may not be aware of or if he is, then he may be very ignorant of some of the
  regulations that are supposed to be observed in the appointment of parastatal heads.
  I want to bring to his attention a circular from Amb. Muthaura regarding the procedure.
  Paragraph 2 reads:-
  “The CVs of all persons to be appointed to these offices must be sent to the Office of the
  President for vetting in order that the people who are appointed do not have bad records which in
  future may be used to embarrass the Government.”
  I am saying that because Mr. Agoya was dismissed from the Civil Service vide a letter
  dated 27th August, 1997, for theft. When he was working at the Kenya Embassy in France, he
  stole French Francs 246,000 from the Embassy. The Ministry of Foreign Affairs dispatched a
  team of detectives headed by Chief Inspector Chege Gathogo by whose recommendations, Mr.
  Agoya was sent back to Kenya for prosecution, which has never been done to date. Lastly—
  The Temporary Deputy Speaker (Mr. Ethuro): What is your question, hon. Linturi?
  Mr. Linturi: Mr. Temporary Deputy Speaker, Sir, could the Minister tell us why due
  diligence was not conducted to establish the character and the integrity of that particular person
  by the name Agoya? In the list of the three shortlisted candidates, there were candidates who
  even scored higher marks than Mr. Agoya as presented to the Minister by the Board of
  Management. Why was there no due diligence?

  Mr. Gumo: Mr. Temporary Deputy Speaker, Sir, first, the TARDA Act empowers the
  Minister for Regional Development, who is me, to appoint a Managing Director even without any advertisement. Therefore, any regulations that the hon. Member has quoted are not in the law. Secondly, I do not have to advertise. I can even appoint you tomorrow because the law is very clear here. Thirdly, what the hon. Member has said is not true. What happened in the Ministry of Foreign Affairs at that time happened before Mr. Agoya was appointed. I have the report which I can give to the House. Therefore, those events are only being connected because the person they wanted was not appointed. When I am given three names, it is not my responsibility to go round looking at how many marks each one of them scored. It is not a classroom. They are not supposed to give marks. They are supposed to recommend three names and the Minister is supposed to appoint one out of the three candidates. That is what the law says.
  Mr. Linturi: On a point of order, Mr. Temporary Deputy Speaker, Sir. I find the Minister
  quite out of order. He is misleading this House. The report which I am about to table before this
  House was initiated by the Ministry of Foreign Affairs and was conducted by the Criminal
  Investigations Department (CID). They recommended that Mr. Agoya should be charged with
  fraud contrary to Section 331 of the Penal Code. Is the Minister trying to say that because he has the power, he can even appoint thieves or thugs to head parastatals?
  Mr. Gumo: Mr. Temporary Deputy Speaker, Sir, these are things that happened 20 years
  ago. If the hon. Member was aware of this—- Since I was given the three names, I stayed with the information in my office for three months from March up to the other day. There was no complaint or report or anything until the day Mr. Agoya was appointed. That is when they cam up with these reports which are not true. All these reports are not true. These things have been made in the streets and brought here.
  The Temporary Deputy Speaker (Mr. Ethuro): Order, Mr. Minister! These are reports
  which have been produced in the House. The House is not the streets.
  Mr. C. Kilonzo: Mr. Temporary Deputy Speaker, Sir, it appears as if this is a country for
  the rich. If you look at the current advertisement for NYS recruitment, you will see that one of
  the things they are asking from that common man who wants to join the institution is a certificate
  of good conduct. There is a letter here dated 25th May, 2005, from the Director of CID asking
  why this man has not yet been prosecuted. It appears as if this man is well-connected. He can
  steal and not get prosecuted. The reason why he was dismissed is because he had a bad character.
  He was a given a job and went away. He was dismissed according to the letter here dated 27th
  August, 1997, on account of desertion of duty. What we are asking is very simple: Does this
  Government not have some code of conduct or a guideline on ethics? How can we go on picking
  someone who is supposed to be prosecuted and yet he does not get prosecuted since he is well-
  connected? Is the Minister suggesting that every hon. Member should bring one thief so that he
  can recruit them?
  
  (Mr. C. Kilonzo laid the documents on the Table)

  Mr. Gumo: Mr. Temporary Deputy Speaker, Sir, I am not aware of the documents that
  they are referring to. Lay them on the Table so that we can look at them. I am not aware. If there was any complaint, they should have written a letter with regard to the issue earlier to my office or complained to the Board. Why did they have to wait until the appointment was done and the name gazetted so as to bring the issue here? I am not aware of all these documents. Let me look at them.

Blah blah blah

Fish cakes

Alas a fish cake.

Yet more fish cakes

Guess what ... yeah ... fish cakes.

The end of the fish cakes