mzalendo :: Eye On Kenyan Parliament
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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?
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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.
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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. -
Is the KKK Alliance Constitutional?
Posted: January 22, 2011, 8:49 pm by admin
By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)
In the last few days the Kikuyu, Kamba, Kalenjin (KKK) alliance formed by Eldoret MP Willam Ruto, Vice President Kalonzo Musyoka and Deputy Vice President Uhuru Kenyatta has dominated the headlines.
As yet it is difficult to determine what exactly the alliance is. Whether it is a party in waiting or whether it will be a coalition of three different parties representing the three different communities.
If it is the intention of the three leaders of the KKK to eventually transform the as yet undefined alliance into a political party or a coalitional of parties based on ethnicity this would be both unconstitutional and illegal.
Part 3 of Chapter 7 of the new constitution that deals with political parties clearly states in Article 91 (1) (a) that every party shall have a national character as prescribed by an Act of Parliament. While parliament is yet to legislate on the exactly what constitutes ‘national character,’ it is safe to a assume that in a nation of 47 ethnic groups a coalition or party made of just of three of the forty seven does not met the requirement of being national in character. Not only does the KKK not meet the basic requirement of being national in character by excluding the 44 of the 47 ethnic groups, but such an alliance is also flies in the face of the rest of Article 91 (2) that requires that political parties not be founded on regional or ethnic basis.Furthermore, the formation of an alliance based on ethnicity also falls foul of the concept of national cohesion and integration enshrined in the National Cohesion & Integration Act of 2008 and yet the National Cohesion & Integration Commission seems to be silent.
Negative ethnicity has played and continues to play a detrimental role in Kenyan politics and most Kenyans want to break away from this past and to change this dangerous state of affairs. This desire is enshrined in the new constitution and the National Cohesion & Integration Act. Alliances such as the KKK take us back to a bygone era and have no place in present day Kenya.
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Notes from the ICC demo
Posted: January 21, 2011, 11:13 am by admin
By Mzalendo Contributor – Moreen Majiwa
I’ve never been involved in a Kenyan demo before but I’ve seen the pictures andnewsreels. The ones where demos look like small-scale wars: baton-wielding police infull riot regalia, shields included. Armoured vehicles, tear gas, demonstrators scattering and trampling each other to avoid police batons, others hurling rocks, dummy rounds fired into the air, demonstrators ushered violently into police trucks as arrest are madeleft and right.
I also have an MO during demonstrations avoid CBD, avoid Uhuru High Way, andUniversity Way unless completely necessary. Stick to the back routes, traffic and distance be damned. I avoid demonstrations studiously.
So how did I end up at this demonstration? First I believe in the cause, I believe the ICC process is right for the Kenyan context, the failure of the MPs to set up as a local process thus far speaks to this. And as one of the organisers stated, “If MPs can manipulate an international process like the ICC processes in the way they are doing now, can you imagine what they would do to a purely internal process?” The thought is scary.
Like other Kenyans at the protest I’m 100% against the MPs move to pulling out of the ICC, or using public funds to defend the Ocampo 6. Most of all I’m fed up with watching from the sidelines while our politicians try their best to turn the country into a banana republic. So the demonstration seemed like a place to commune with like-minded Kenyans to express our views to our parliamentarians.
Needless to say the demonstration was nothing like I expected. Apart from the late start,
when I arrived at 1.00 pm the press outnumbered the demonstrators and most people did not
arrive until about 2.00 pm. However when did arrive they were raucous and eager. Chanting
and weaving their way round Freedom Corner carrying placards and wearing t-shirts with
slogans like ‘Yes to the ICC’ ‘Defending Suspects Not with my Money’ ‘Yes to the ICC!
No to Impunity!’However, like some of the demonstrators and the press I was under impression that the
demonstration would proceed to parliament. I also expected that it would result in the
prototypical demonstration violence. In fact I was prepared armed with a bag packed
lighter than its been since giant bags became fashionable, appropriate clothes and
shoes, and a more than healthy amount of vigilance. However ,it turned out that none of
this was necessary, the demonstration was peaceful.The one hitch other than the late start happened when it dawned on some of the protestors
that the protest would not leave the park. One particularly irate young Kenyan woman
heatedly accused the demonstration organisers of being hypocritical and looking for a
photo op. She likened them to the MPs against whom they were protesting coining the
phrase ‘civil society, evil society.’ As she began to lead a small section of the protestors,
mostly women in the direction of parliament chanting “We go, we go!”As the organisers tried to explain to the lady that the permit allowed only permitted
demonstrations within the confines of the park and she counter argued that if contained
to the park that a demonstration was no demonstration at all but rather a workshop
or conference, as it would no way affect the MPs who were sitting comfortably in parliament building a few blocks away. Saying the confrontation between the lady and the organisers was heated would be an
understatement there is no way to describe it you had to be there.Looking back at the original communication there’s nothing in it to indicate that
the demonstration would proceed outside the bounds of the park, but clearly some miscommunication happened at some point. While I may not fully agree with the way the lady raised her the issue I get it, I get the pent up frustration that the lady felt. I get the feeling of needing to take immediate
and drastic action because our politicians refuse to listen to reasoned debate. I get ‘the
let’s take it to the street’ sentiment expressed by the irate young Kenyans present.Yet, in the heat of the moment it’s easy to lose sight of the bigger picture. Yes, street protests
that turn violent get more press. Do people get injured? Yes. Do such protests change
things? Rarely and at great cost. Do you ever wonder what happens to the people who
get injured in protests or to the families of those that die? They often carry the burden on
their own, other protestors having returned to their day jobs.Is freedom free? No. But maybe it’s time to flip the script, have a more Gandhian kind of
demo that doesn’t end in injury or death, a build of peaceful protests leading to climax.
A build up that impresses upon the consciousness of our politicians that things have
changed, that they can no longer take advantage us.What are your thoughts?
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Demonstration against Impunity
Posted: January 17, 2011, 11:08 pm by admin
Kenyans for Peace and Justice and a coalition of partners and concerned citizens will be demonstrating against the government’s decision to withdraw from the ICC and to use taxpayers money for the legal defense of the Ocampo 6. Time to say enough is enough – if you are interested in participating the demonstration starts on Tuesday January 18 at 1 pm, at the Freedom Corner, Uhuru Park.
We will be reporting on the demonstration later in the day.
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Kenya Citizen’s YES Campaign in Support of the ICC
Posted: January 14, 2011, 5:21 pm by admin
Our politicians have demonstrated that they do not have an upper limit when it comes to impunity and acts that at best can only be described as shameful.
It is now up to us to fight back and speak out against their increasingly bizarre actions, a starting point being running around the continent – ON KENYAN TAXPAYER MONEY – to lobby the rest of the continent to withdraw from the ICC. They seem to have quickly forgotten that they brought the ICC process on by dilly-dallying around and eventually voting down the local tribunal option (which they have now suddenly rediscovered).
There are various initiatives underway to make sure that Kenyans are not happy with the turn of events and the push to use taxpayers money to subsidize legal defense costs and anti-ICC lobbying activities. A good starting point is the campaign to collect at least 1 million signatures of Kenyan voters who are expressing their support for the ICC process. How can you participate?:
- Facebook: A page has been set up One Million Kenyans Say YES to ICC, click “Like” to express your support.
- Email request for hard copies: An email address has been set-up signonemillion-at-gmail.com where people interested in getting forms can send a request. Just write to that email & someone will send you the forms and declaration as attachments so that you can print them out wherever you are & start collecting signatures. You can also volunteer to host a physical location e.g. your shop where people coming through can sign the petition.
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Is the Kenyan Cabinet the institution most in need of a purge?
Posted: January 12, 2011, 1:11 pm by admin
By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)
If recent headlines are anything to go by the current Cabinet is a haven for (alleged) criminals:
- Three High-Level Cabinet officials, the suspended Industrialisation Minister, the suspended Higher Education Minister, the Deputy Prime Minister/Minister of Finance and the Head of the civil service are adversely named in the ICC Kenya case.
- Two of those named by the ICC prosecutor also have cases in the domestic courts the Industrialisation Minister for abuse of office, and the suspended Higher Education Minister for fraud.
- The Minster for Foreign Affairs is currently on suspension pending the outcome of investigations of financial irregularities in the procurement of the Kenyan Embassies abroad.
- The Water Minister is also under investigation for irregular allocation of contracts in the Water Ministry.
- The Assistant Minister for Water is facing criminal charges for incitement.
- The Ministry of Special Programmes has been adversely mentioned in relation to misappropriation of funds meant for settling the IDPs.
- The Ministry of Education has been cited for misappropriation of funds meant for free primary education.
- Suspended Trade Assistant Minister Harun Mwau and the Minister for Internal Security have both been adversely named in connection with drug trafficking.
- And just yesterday the Kenya Anti-Corruption Commission announced that an additional four ministers could face corruption charges by the end of this month.
And the list above covers only the most recent allegations of corruptions. Many previous cases of corruption remain pending e.g. Goldenberg, Triton, and Anglo-Leasing. Yet a surprising number of those linked with corruption cases both old and new remain in Cabinet. The reaction of the country’s leadership to the allegations of corruption has been disappointing to say the least.
Instead of a moving to reform a cabinet that seems engrossed in crime and impunity, there appears to be a move to dig in and stay put.
As Kenyans we must ask ourselves, is this the kind of leadership we deserve?
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Strategic Plan for Kabete Constituency
Posted: January 11, 2011, 11:07 am by admin
We came across this well-done strategic plan for Kabete constituency which was finalized in 2006-7 . We are wondering whether it was actually implemented?
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Disband Parliament before they disband everything?
Posted: January 8, 2011, 1:25 pm by admin
By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)
The call by politicians to disband Kenya Anti-Corruption Commission (KACC) seems to be the latest in what could turn out to be a worrying trend. One day after the resignation of Industrialisation Minister Henry Kosgey, over allegations of abuse of office, a section of ODM parliamentarians issued a two week notice to KACC to prosecute members of PNU suspected to be corrupt or face a censure motion when parliament resumes.
On December 17th, a section of parliamentarians led by Belgut MP, Charles Keter, called for the disbanding of the Kenya National Commission on Human Rights (KNCHR). The MPs accused the body of working for foreign nationals and ‘fixing’ the six persons named in the ICC case. They plan to file the motion to disband the body when parliament returns from Christmas recess. And just before the Christmas recess, parliament successfully moved a motion to withdraw from the Rome Statute.
It seems that the parliament’s response when their members are called to account is short term tightened controls and disbandment of monitoring organisations. In crisis parliamentarians seem to default to practices of a bygone era in order to quell their own fears. Their primary mode is drawing from familiar experiences even in changing and vastly different times.The calling of leaders to account should not be viewed negatively. It offers the opportunity to for the country to the hit the reset button and use the turbulence to bring closure to the past, it is an opportunity for leaders to change the rules of the game, reshape the country positively.
And if parliament is unwilling to do unwilling to reset then perhaps it should be disbanded before they disband everything.
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Turkana North CDF – kshs 50 million embezzled
Posted: January 6, 2011, 7:56 pm by admin
Turkana North received the largest share of CDF funds in the 2010 FY to the tune of Kshs 107 million, a reflection of the fact that it is one of the the poorest constituencies in the country with approximately 281,542 poor people out of a constituency population of 313,748 according to government statistics.
So it is shocking to read in the local papers that despite the pressing needs and the resources allocated to the constituency via the constituency development funds, that kshs 50 million of allocated development funds for Turkana North constituency have allegedly been embezzled.
The CDF chairman and the current MP John Munyes are said to be behind the mismanagement of the funds. Allegations of mismanagement of the Turkana North CDF funds and abuse of office, particularly by the Chair of the John Lokumachom (Lowa), have appeared on Mzalendo as early as 2008, it is good that an audit has finally been done by local organizations (though one wonders what the government CDF audit office is doing?) – hopefully the Kenya Anti-Corruption Commission will take the investigations further.
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CDF Allocation and White Elephants – Who’s Monitoring?
Posted: January 5, 2011, 6:16 pm by admin
By Mzalendo Contributor – Moreen Majiwa
Every year 2.5% of all the government’s ordinary revenue is allocated to the Constituency Development Fund (CDF). Three quarters of the 2.5% is allocated equally between the 210 constituencies. The remaining quarter is allocated on the basis of a combination of the national and individual constituency poverty indexes. While 2.5% may not seem like a lot, in the 2009/2010 fiscal year 2.5% amounted to approximately Kshs 14.5 billion allocated to ensure that the fight against poverty is carried out at the constituency level by implementation of development projects that have wide spread benefits to residents of different constituencies.
The developmental results, howeverm do not match the figures. A social audit report done by TISA tells the story of a surprising number of stalled CDF projects and wastage millions of shillings. In Emabakasi, Westlands and Langata constituencies approximately 46 million
kshs has been injected into projects, which have now stalled. In addition, a significant amount of monies cannot be accounted for – for example, 6.8 million Kshs isunaccounted for from Kasarani’s CDF.White elephants and missing funds are not the only issue plaguing the management of
CDF – nepotism is also a problem. Just last week Planning Minister Wycliffe Oparanya accused Western MPs of employing their wives and relatives to manage the funds. Such accusations are not confined to Western Province.So what is the cost of the misuse and management of CDF? The Social Audit Report
finds that almost 50% of all CDF are redirected to purposes for which they were not
intended. So of Kshs 14.5 billion that’s Kshs. 7.25 billion misappropriated in 2009/2010
alone.Who’s accountable? At the constituency level a CDF committee manages the funds. The
committee is made up of the area MP, the District Officer, 2 Councillors, 2 Religious
Leaders, an NGO rep, a youth rep, 2 men and women from the constituency and 3
committee members. The buck stops primarily with them.Though the new constitution provides that county governments will eventually take up
the role of management of devolved funds such as CDF. In the 2010/2011 and 2011/
2012 fiscal years the constituency development fund disbursements will be made. Who’s
monitoring the management & expenditure of the funds?
Blah blah blah
Fish cakes
Alas a fish cake.
Yet more fish cakes
Guess what ... yeah ... fish cakes.
The end of the fish cakes
