mzalendo :: Eye On Kenyan Parliament

• Feed the People Not the Fat Cats

  Posted: March 27, 2008, 12:29 pm by admin

  By Mwalimu Mati

  It is astonishing to hear that some crazy person, or people have suggested
  a Kenya Cabinet size of 44. According to the 2007/8 budget the total cost of running 34 ministries
  this year is Ksh 299.6 billion (an average of Ksh 8 billion per ministry
  per annum). Using the same average cost, 44 Ministries might cost you and
  I about Ksh 387 billion. Are you prepared to fork out another 100 billion
  shillings or so every year to accommodate your Member of Parliament’s
  desire to have a flag and to be called “Waziri”?

  Let’s be clear, MPs were elected to represent us, not to agitate for
  wasteful government expenditure in the name of power sharing. Certainly,
  they are not meant to be inciting Government to spend Ksh 100 billion more
  for no serious purpose beyond contriving to get Mwai Kibaki and Raila
  Odinga to give them sinecures at public expense.

  If you read the 2007/2008 Estimates of Recurring Expenditure of the
  Government of Kenya, you will find that Ksh 100 billion per year is
  equivalent to Kenya’s current annual public debt repayments. Ksh 100
  billion would finance the youth fund for 100 years and the women’s fund
  for 50 years. Ksh 100 billion would build ten 10-lane highways each of 50
  km of length – the distance between Nairobi and Thika. It is twice the
  aid in loans and grants received from bilateral partners for development;
  and four times all the grants Kenya receives from multilaterals such as
  the World Bank.

  We cannot afford to spend Ksh 100 billion this year on a bloated
  government. We have better things to do with our money. What has the GOK
  done about IDPs who are still living in tents and being chased from place
  to place by GOK security personnel whenever they dare to complain about
  their abysmal living conditions? Nothing. What provision is really being
  made for the resettlement and welfare of these unfortunate fellow
  citizens? Your guess is as good as mine. Do the people negotiating the
  size of the Cabinet have even a spare thought for the IDPs? I doubt it.
  Ksh 100 Billion is two times as much as we all lost because of corruption
  in Anglo Leasing. It is twice the amount of money Treasury will raise
  from the sale of public shares in Safaricom. In fact it is equivalent to
  at least 5 years of Safaricom’s profit at 17 billion shillings.

  Kenya needs a good government not a big one. Today noone seriously argues
  that we have a good government in place. In fact, and here I am
  suggesting a vetting methodology for high offices, only 7 of the current
  Ministers would pass the test of not being adversely mentioned in PAC,
  PIC, KACC reports, or adverse court judgements. At over 30 Ministries
  (larger and better paid at top level than any World power) we already have
  a big government. Who is trying to get us to pay more for an even larger
  cabinet? For how long can we continue this way?

  In my opinion, we need no more than 12 Ministries with one Assistant each.
  The rest of the Members of Parliament should represent us as they were
  voted, and are paid quite handsomely, to do from the Back Benches on both
  sides. We need good honest technocrats to run the public service for the
  benefit of the public with minimal political interference by temporary
  ministers. We need to stop pampering politicians who only recently caused
  us all to have the life threatening, or near death experience that we
  euphemistically call the “post election crisis”. On this point many of
  those jostling and lining up for positions at our expense ought properly
  to be investigated for their individual roles in the making of this
  crisis. What were many of them doing in the run-up to the election of
  December 27th 2007? Where were many of them when we needed them to help
  Kenyans? Who has mismanaged our public resources in the past, present and
  in the near future if we don’t stop them? Indeed these are questions we
  should be focusing our energy in answering.

  Our immediate and priority concern should be directed to the poorest and
  not the wealthiest Kenyans. Nearly twenty million Kenyans live on less
  than Ksh 64 per day. That means they will make no more or have no more to
  spend than Ksh 25,000 in a whole year. And that is for families! These
  are the Kenyans we should be spending money on. I would prefer to spend
  100 billion shillings this coming year on poor Kenyans rather than
  continuing to fatten political sacred cows.

  Finally, the only reason such a proposal is even seeing the light of day
  is the fact that despite the clear provisions of section 16 of the
  Constitution, Parliament has never made a law to establish and determine
  the number and portfolios of the Cabinet. Never - in 45 years! Is this
  the reason why there is no outrage from our elected MPs about the abuse of
  authority and culture of sinecures which has persisted in Kenya since the
  days of Jomo Kenyatta?

  [Mzalendo readers what are your views on the Cabinet? What should be the ideal size? What reforms need to be undertaken? ]

• Sign a petition asking Kenyan MPs to cut their salaries

  Posted: March 25, 2008, 4:35 pm by admin

  Details can be found here.

• Parliament in the news

  Posted: March 18, 2008, 5:53 pm by admin

  -MP vows to table Bill to cut MPs salaries. A table showing how Kenyan MPs’ salaries compares with their counterparts in other countries can be found here.

  - MPs lifelong pension to cost Kenyans billions of shillings.

  - Mutahi Ngunyi on why the Accord Bill should be amended.

• List of Nominated MPs for the 10th Parliament

  Posted: March 11, 2008, 2:53 pm by admin

  Orange Democratic Party (ODM)
  Sophia Abdi Noor (Mrs.)
  Millie Grace Akoth Odhiambo (Mrs.)
  Racheal Wambui Shabesh (Mrs.)
  Musa Cherutich Sirma
  Muhamad Dory Mohamad yakub
  Joseph Nyagah

  Party of National Unity
  Maison Leshomo (Ms.)
  Musikari Kombo Nazi
  George Omari Nyamweya

  Orange Democratic Movement-Kenya (ODM-K)
  Shakila Abdalla (Ms.)
  Mohamed Abdi Affey
  
  Kenya African National Union (KANU)
  Amina Abdalla (Ms.)

• Legislative Agenda for the 10th Parliament

  Posted: March 8, 2008, 9:47 pm by admin

  BY MZALENDO REPORTER

  President Kibaki on Thursday March 6, 2008 opened the second session of the tenth Parliament and set a crowded though ambitious agenda for Parliament in the next 5 years. This includes over 20 Bills and a raft of Sessional Papers. Four of the Bills, according to the President, must be accorded top priority by the Coalition government and the whole House in general.

  The top priority Bills are:
  1) the National Accord and Reconciliation Bill
  2) the Constitution of Kenya (Amendment) Bill
  3) the Establishment of Truth, Justice, and Reconciliation Commission Bill
  4) the Establishment of the Ethnic Relations Commission of Kenya Bill.

  The National Accord and Reconciliation Bill, perhaps the most urgent, is aimed at putting into legislation the power sharing deal signed by President Kibaki and ODM leader Raila Odinga after one month’s mediation talks chaired by former United Nations chief Kofi Annan. The Bill seeks to create the position of Prime Minister, and two deputy prime ministers. It also seeks to transfer the roles of the head of government from the President to the Prime Minister leaving the president as the head of State. It will also provide clear roles of the new posts as well as criteria of appointing and dismissing the prime minister and the deputies.

  The Constitution of Kenya (Amendment) Bill is aimed at giving Kenyans a new constitution, which has been elusive for over 15 years. PNU and ODM agreed that there will be five stages in the review of the Constitution, in and outside Parliament, culminating to a referendum.

  The Truth, Justice, and Reconciliation Commission Bill seeks to create a special commission mandated to inquire into human rights violations, including those committed by the state, groups, or individuals. This includes but is not limited to politically motivated violence, assassinations, community displacements, settlements, and evictions. The Commission will also inquire into major economic crimes, in particular grand corruption, historical land injustices, and the illegal or irregular acquisition of land, especially as these relate to conflict or violence. Other historical injustices shall also be investigated. The Commission will inquire into such events which took place between December 12, 1963 and February 28, 2008.

  The Ethnic Relations Commission of Kenya Bill on the other hand seeks to establish another commission with the mandate of probing how various communities have related to each others and causes of conflicts amongst them.

  According to President Kibaki, the government is focused on improving market performance of several key commodities. The government has proposed amending the Coffee Act 2001 to provide for direct sales of coffee and to amend the Sugar Act 2001 to restructure the sugar industry. It also plans to introduce bills and Sessional papers covering the dairy, poultry and fishing industries, among others. To boost the tourism industry, the government will be tabling three bills; the Environmental Impact Assessment Regulations Guidelines, the Tourism Bill and the Wildlife Bill.

  The government also plans to table a Sessional Paper on Cooperative Development Policy and a bill on Savings and Credit Cooperatives. These are aimed at giving an impetus to the role played by cooperatives in the production and marketing of produce as well as mobilizing savings and providing credit to the majority of Kenyans. The government will also introduce legislation that will regulate the role of non-public entities such as civil society and international education providers as well as propose the establishment of a Technical Industrial Vocation and Entrepreneurial Training Authority. This is inline with implementation of the free primary and free secondary education programmes, which according to the President, require legislation to entrench the reforms in the entire education sector within the country’s laws.

  Entrenching a culture of science, technology and innovation in the society and boosting the country’s dream of Vision 2030 is also in focus. In this relation, the government will introduce a National Policy for Science, Technology and Innovation. It has also proposed a bill to upgrade the National Council of Science and Technology to the National Commission of Science and Technology. On the way as well is a bill that will lead to the creation of the National Science Foundation and National Innovation Agency. To deal with poverty and inequitable development, the government plans to table a Sessional Paper on Cooperative Development Policy and a bill on Savings and Credit Cooperatives.

  In the health sector, the Government has proposed to review the Public Health Act so as to consolidate 23 different Public health laws into a single Act of Parliament. It plans to table policy papers on Health Care Financing, Health Services Commission and Decentralised Funding of Health Facilities. With regard to the youth, the government has proposed amendments to the Armed Forces Act to enable youth trained under the National Youth Service be absorbed in the armed forces. It will also table a bill to provide for the creation of a National Youth Council. Further, the Government will re-table the Sessional Paper on Employment Policy for discussion in the House on the urgent and critical matter of providing enough jobs for young people. With regard to the protection of the family and children, the government has proposed amendments to the Children’s Act 2001 for better implementation. The government also plans to introduce the Information Communication Technology Bill as a regulatory framework for broadcasting, electronic transactions and cyber crime.

  In the water sector, the government will table the National Water Harvesting and Storage Policy to facilitate harnessing and storage of recurrent floodwaters as well as the National Shared Water Resources Policy to promote equitable development of water resources nationally. Government plans also to introduce a policy on the registration of contractors as well as the creation of a national construction company to build capacity among local contractors. It will also introduce legislation touching on the Protection of Road Reserves, Registration of Engineers and Architects as well as Quantity Surveyors.

  With regard to local authorities, the government plans to bring to the House new amendments to the Local Government Act to enable the direct election of mayors and county council chairmen.
  According to President Kibaki, this particular reform is long overdue and this Parliament should deliberate on it as a matter of priority. To ensure proper planning and development of urban areas as well as the proper enforcement of laws and by-laws for regulation of urban development, the government plans to table proposals to set up a National Urban and Metropolitan Areas Authority.

  To promote the development of affordable housing the government will present the Housing Bill and a Landlord and Tenant Bill. The government also plans to table the Organised Crimes Bill to contain the emergence of organized gangs and militias which bode ill for our society. It also plans to table the Anti-money Laundering Bill as well as introduce amendments to the Chief’s Act and Firearms Act.

• Text of the National Accord and Reconciliation Act

  Posted: March 8, 2008, 9:06 pm by admin

  Preamble:
  There is a crisis in this country. The Parties have come together in recognition of this crisis, and agree that a political solution is required. Given the disputed elections and the divisions in the Parliament and the country, neither side is able to govern without the other. There needs to be real power sharing to move the country forward.
  A coalition must be a partnership with commitment on both sides to govern together and push through a reform agenda for the benefit of all Kenyans.

  Description of the Act:
  An Act of Parliament to provide for the settlement of the disputes arising from the presidential elections of 2007, formation of a Coalition Government and Establishment of the Offices of Prime Minister, Deputy Prime Ministers and Ministers of the Government of Kenya, their functions and various matters connected with and incidental to the foregoing.
  1. This Act may be cited as the National Accord and Reconciliation Act 2008.
  2. This Act shall come into force upon its publication in the Kenya Gazette which shall not be later than 14 days from the date of Assent.
  3. (l) There shall be a Prime Minister of the Government of Kenya and two Deputy Prime Ministers who shall be appointed by the President in accordance with this section.

  (2) The person to be appointed as Prime Minister shall be an elected member of the National Assembly who is the parliamentary leader of –
  (a) the political party that has the largest number of members in the National Assembly; or
  (b) a coalition of political parties in the event that the leader of the political party that has the largest number of members of the National Assembly does not command the majority in the National Assembly.

  (3) Each member of the coalition shall nominate one person from the elected members of the National Assembly to be appointed a Deputy Prime Minister.

  4.(1) The Prime Minister:
  a) shall have authority to coordinate and supervise the execution of the functions and affairs of the Government of Kenya including those of Ministries;
  b) may assign any of the coordination responsibilities of his office to the Deputy Prime Ministers, as well as one of them to deputise for him;
  c) shall perform such other duties as may be assigned to him by the President or under any written law.
  (2) In the formation of the coalition government, the persons to be appointed as Ministers and Assistant Ministers from the political parties that are partners in the coalition other than the President’s party, shall be nominated by the parliamentary leader of the party in the coalition. Thereafter there shall be full consultation with the president on the appointment of all Ministers. (3) The composition of the coalition government shall at all times reflect the relative parliamentary strengths of the respective parties and shall at all times take into account the principle of portfolio balance.

  (4) The office of the Prime Minister and Deputy Prime Minister shall become vacant only if -
  (a) the holder of the office, resigns or ceases to be a member of the National Assemb1y otherwise than by reason of the dissolution of Parliament; or
  (b) the National Assembly passes a resolution Which is supported by a majority of all the members of the National Assembly excluding the ex-officio members and of which not less than seven days notice has been given declaring that the National Assemb1y has no confidence in the Prime Minister Or Deputy Prime Minister, as the case may he; or
  (c) the coalition is dissolved.

  (5) The removal of any Minister nominated by a parliamentary party of the coalition shall he made only after prior consultation and concurrence in writing with the leader of that party. 5. The Cabinet shall consist of the President, the Vice- President, the Prime Minister, the two Deputy Prime Ministers and the other Ministers.

  6. The coalition shall stand dissolved if:

  (a) the Tenth Parliament is dissolved; or
  (b) the coalition parties agree in writing; or
  (c) one coalition partner withdraws from the coalition by a resolution of the highest decision-making organ of that party in writing.

  7. The prime minister and deputy prime ministers shall be entitled to such salaries, allowances, benefits, privileges and emoluments as may he approved by Parliament from time to time.

  8. This Act shall cease to apply upon dissolution of the tenth Parliament, if the coalition is dissolved, or a new constitution is enacted, Whichever is earlier.

Blah blah blah

Fish cakes

Alas a fish cake.

Yet more fish cakes

Guess what ... yeah ... fish cakes.

The end of the fish cakes