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.

  • 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.

  • 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.

  • 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 28th 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?


Blah blah blah

Fish cakes

Alas a fish cake.

Yet more fish cakes

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

The end of the fish cakes


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