Monday 22 April 2013

[wanabidii] IN THE SHACKLES OF DOOM - Will Selfish & Greed Unite or divide Kenyans ???



--------------------------------Forwarded----------------------------
 
 
 
 
--- On Mon, 4/22/13, Kamau Jk <kashmu46@yahoo.com> wrote:
From: Kamau Jk <kashmu46@yahoo.com>
Subject: Re: [PK] Re: [NVK-Mageuzi] Iam dissappointed
To: "progressive-kenyans@googlegroups.com" <progressive-kenyans@googlegroups.com>, "NVK-Mageuzi@yahoogroups.com" <NVK-Mageuzi@yahoogroups.com>
Cc: "orokop@yahoo.co.uk" <orokop@yahoo.co.uk>
Date: Monday, April 22, 2013, 7:13 PM

Mr Ombati/ Lister Nyalingo; May I point out that much as I wish to remain civil you are really testing My patience and that of most Kenyans. The Government employs thousands of Kenyans, You have no business stereotyping the Kikuyu because they are the Majority. You can not attempt to uphold the rights of the Minority by trashing those of the Majority just like it can not be vise versa
 
 
Nyalingo, I will tell you this once and trust me you are engaging in a very dangerous game. There will never come a time when Kikuyu population and Kisii will be equal not unless you employ the Communist or the Nazi style of population control. In the same breath I wish to warn you and your ilk that your statements constitute a threat to National security. Kenyans security and Not Kikuyu security.
 
 
The worst you can ever try and I say this with humility is to go the 2007/2008 way. Kikuyus are Kenyans and You and Omar Hassan will not touch them again not without receiving the full amount of the Gikuyu wrath. Any Kenya qualified to hold any position will do so Nyalingo, Kisii, Luo, Kamba or Ngiriama. The rights of every Kenyan are Human Rights and Kikuyu rights are human rights, if you wish to find out more just try your evil designs. Kenya is not Egypt or Syria. By the way how about asserting your self as a village elder before talking issues you have no clue about.
 
 
 
From: Joseph Lister Nyaringo <diplomat1499@yahoo.com>
To: "NVK-Mageuzi@yahoogroups.com" <NVK-Mageuzi@yahoogroups.com>
Cc: "orokop@yahoo.co.uk" <orokop@yahoo.co.uk>
Sent: Monday, April 22, 2013 3:15 PM
Subject: [PK] Re: [NVK-Mageuzi] Iam dissappointed
Ndugu Job Ombati, thanks for your great views on the direction our Country should take in order to ensure equity and equality. Just a really life example, suppose your home area of Igare, had three managing directors from major parastatals or s PS, will the standard of life for people living in a village at Suba or Turkana who don't have even a clerk in public or private sector be the same? We want our Country lest we pursue a people based revolution and if Uhuru will not fix this, we will do exactly what happened in Romania and Philippines during the reign of Nicolai Jesesico and Ferdinand Marcos- people power is lethal. Kenya belongs to all of us whether we are at home or abroad.
Sent from my iPhone
On Apr 22, 2013, at 2:08 PM, Job Ombati <ombatijob@yahoo.com> wrote:
Dear Kenyans.
 
Looking at the government set up made by Mr.Kenyatta and as brother Lister Nyaringo as clearly illustrated,
it breaks my heart.It breaks my heart because it shows how primitive our leaders are.They are totally
tribal and not national.Any sane person looking at this list of who is who in the government will shed tears.
Kenya is a nation, not a tribe.We cannot have this great imbalance and expect to have unity.
If this is how Mr.Kenyatta is going to run the country, then we are in for big trouble and I am sorry.
This is what I feared might happen if he were to be elected and see,this is what he has done.
It is unfair to a country trying to heal.It is unhealthy for a country trying to build unity.
We need to build a country and not divide it.We need to hire competent people from every tribe and not
just Kikuyus.I dont hate Kikuyus,but I hate it when they are placed in every position of authority.It is not fair
for other tribes who call Kenya home.It does not show any respect for democracy and it is unpatriotic.
 
 
Mr.Kenyatta, think twice!
 
 
Job M.Ombati
Manchester,New England,
Author, Kenya the Beloved
 
 
Job M.Ombati
Manchester,New England,
Author, Kenya the Beloved
 
 
 
--- On Mon, 4/22/13, Tebiti Oisaboke <tebiti42@yahoo.com> wrote:
From: Tebiti Oisaboke <tebiti42@yahoo.com>
Subject: [Wananchi] Re: [mwamogusii] SHACKLES OF DOOM-WENYE NCHI
To: "mwamogusii@yahoogroups.com" <mwamogusii@yahoogroups.com>
Date: Monday, April 22, 2013, 12:53 PM

This is more than pathetic and absurd just to look at it. Where is Dr. Muzalendo Kibunja and is he really aware that this is actually going on? We need someone to help us understand what the hell this means to other citizens outside the Mt. Kenya region. No wonder they didn't want or like the shackles of doom played in theaters. Let the Mt. Kenya loudest noise makers on these blogs come and honestly defend this heinious list. How are we gonna minimize this tribal cancer when everything is under the Mt. Kenya's control? Do these folks think that we are "second hand" citizens? Do they think that the other 40 or so communities are none citizens or squatters? They also are saturated in the NIS with all members in that committee being members from Mt. Kenya region except Police IG Daudi arap Kimaiyo who is from Nyayo's RV hood. Dr. Kibunja seems to be sleeping on his job and needs to be fire with immediate effect.
May God bless Kenya
 
TOI
 
 
From: Joseph Lister Nyaringo <diplomat1499@yahoo.com>
To: nkv <NVK-Mageuzi@yahoogroups.com>; newvisionkenya <newvisionkenya@egroups.com>; "NewVisionKenya@yahoogroups.com" <NewVisionKenya@yahoogroups.com>; "wanabidii@googlegroups.com" <wanabidii@googlegroups.com>; Progressive group <progressive-kenyans@googlegroups.com>; "uchunguzionline@yahoogroups.com" <uchunguzionline@yahoogroups.com>; "vuguvugumashinani-subscribe@yahoogroups.com" <vuguvugumashinani-subscribe@yahoogroups.com>; "VuguVuguMashinani@yahoogroups.com" <VuguVuguMashinani@yahoogroups.com>; "mwamogusii@yahoogroups.com" <mwamogusii@yahoogroups.com>; "mwanyagetinge@yahoogroups.com" <mwanyagetinge@yahoogroups.com>; "BassiFoundation@yahoogroups.com" <BassiFoundation@yahoogroups.com>
Sent: Monday, April 22, 2013 10:21 AM
Subject: [mwamogusii] SHACKLES OF DOOM-WENYE NCHI
 
 

5 hours ago ·
SHACKLES OF DOOM
 
*********************
 
 
TRIBAL APPOINTMENTS OF KENYAN GOVERNMENT AS AT NOVEMBER 2012
AG-Githu Muigai
Solicitor General, Muchemi Wanjuki,
Deputy Solicitor General, Muthoni Kimani,
Registrar of Political Parties Lucy Ndung'u,
... ... Deputy registrar-general, F M Ng'ang'a,
Registrar General Bernice Gachegu,

MINISTRY OF INTERNAL SECURITY & PROV. ADM
Secretary to the Cabinet - Kimemia
CID Director – Ndegwa Muhoro
AP Commandant - K. Mbugua
GSU boss Munga Nyale
NSC - Peace and Conflict Management Mr. S.K. Maina
Government Printer: Andrew Rukaria
PS Internal Security: Mutea Iringo

DC's 38/71 are GEMA with most concentrated in; Rift Valley (19), Eastern
(8), Coast & Western (3 each)

FINANCE MINISTRY (Controls Finance, Banking, & Economy in general)
Minister – Njeru Githae
Permanent Secretary - Joseph Kinyua -
Pensions secretary - Anne Mugo
ERD director - Kenneth Mwangi
D/Finance secretary - Mwirichia
Controller and Auditor – General; Priscilla Njeri Komora

CENTRAL BANK OF KENYA .
------------ --------- -
Governor- Prof. Ndungu
Dep. Governor - John Gikonyo {Really…must they both come from Mt. Kenya?}

CONSOLIDATED BANK OF KENYA .
Mr. David Ndegwa Wachira– Chief Executive
Mr. Joseph Njuguna -Head of Finance
Mrs. Terry Maina - Head of Human Resources
Mr. Charles Kamari - Head of Credit
Mr. Rameck Njiruh– Head of Operations
Mrs. Leah Waichungo - Head of Sales and Marketing
Mrs. Wakonyo Igeria - Company Secretary
Mr. Edward Nthuli, - Risk & Compliance Manager
Mr. Erastus Gachoya, - Business Development Manager

KENYA REVENUE AUTHORITY **the most absurd**
{This is supposed to be KRA, not Mt. Kenya Revenue Authority….ppppllllzzzz}
1. Commisssioner General; Michael Waweru -
2. Board Secretary: Mrs Ngang'a
3. Senior Deputy Commissioner, Investigation and Enforcement:Mr Joseph Nduati
4. Deputy Commissioner, Investigation and Enforcement: Mr Namu Nguru
5. Deputy Commissioner, Administration: Mr Karimi
6. Deputy Commissioner Procurement: Ms Murichu.
7. 16. Commissioner for customs services: Mrs. Wambui Namu
8. Senior Deputy Commissioner (Customs): Ms Githinji.
9. Deputy Commissioner, Finance: Ms Wachira
10. Commissioner Domestic Taxes (LTO)-Mr Njiraini
11. Deputy Commissioner: Mrs Mwangi
12. Senior Deputy Commissioner, Finance: Mrs King'ori
13. Senior Assistant Commissioner, Security: Major Kariuki.
14. Senior Deputy Commissioner, Southern Region: Wagachira.
15. Commissioner of Investigation & Enforcement; Joseph Nduati

KENYA AIRPORTS AUTHORITY
MD; Stephen Gichuki
General Manager Finance; John Thumbi
General Manager Marketing & Business Development; Lucy Mbugua
General Manager Information & Communication Technology; Anthony Wachira
General Manager Security Services; Stanley Mutungi
Head of Corporate Communications / PA to the MD: Dominic Ngigi
Head of Procurement & Logistics: Allan Muturi

DIRECTORATE OF PUBLIC PROCUREMENT
Chief Procurement Officers - 23 out of 36 first appointees are all
from GEMA. Rest of Kenya = the remaining 13 (out of the 36).

KENYA RE-INSURANCE CO.
Chairman of Board - Nelius Kariuki. -kikuyu
Acting Managing Director - Jadiah Mwarania
General Manager- Reinsurance Operations, Beth Nyaga
General Manager - Finance and Investments, Steve Mbui
Manager- Investments, Jacqueline Njui
Manager- Life Business Division, Yoves Gichana
Manager- International business Division, Jean Claude
Manager- Procurement Division, Esther Kimanzi
Manager- Property Division, Consolata Kihara
Manager- ICT Division, George Njuguna
Manager- Human Resource Division, Salome Kangethe

COMMISSION FOR HIGHER EDUCATION (CHE)
------------ --------- --------- -------
Head of scholarships /credentialing
Snr Asst. Commissioner- George Njine -Kikuyu
Head of Administration (Asst. Comm) - Margaret Kobia -Meru

NATIONAL BANK OF KENYA
Mr. Reuben M. Marambii - Managing Director
Mr. Leonard G. Kamweti - Company Secretary
Mr. Nelson N. Njoroge - General Manager, Credit Division
Mr. Kenneth G. Sirima - General Manager, ICT

POSTBANK
Managing director - Mrs. A. Nyambura Koigi
Banking Services Director - Mrs. Anne W. Karanja
Finance and Procurement Director - Mr. Patrick Ngumi
Head Legal & Property Management/Company Secretary - Mrs. Mercy N. K. Mbijiwe

KENYA PORTS AUTHORITY
MD- Gichiri Ndua

MINISTRY OF INDUSTRIALIZATION (and you wonder about the noise on Joseph Kosgei)
Chairman of the National Standards Council, Karanja Thiong'o
Permanent Secretary in my Ministry, Karanja Kibicho
Assistant Minister Nderitu Muriithi
Chairman of the Board: Eng. Geoffrey Ng'ang'a Mang'uriu -

KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE (KIRDI)
Director Charles M. Z. Moturi
Deputy Director,Research & Development: Mrs. Phyllis Ngunjiri
Corporate Planning Manager; Mr. James L. Nyagah
Leather Development Center (LDC) Manager; Mr. John Muriuki
Technology Transfer & Business Development Manager; Mr. Samuel Wambugu
Procurement Manager; Mrs. Rose Ndirangu
Corporate Communications; Mrs. Sarah Gacii

INDUSTRIAL AND COMMERCIAL DEVELOPMENT CORPORATION (ICDC)

Executive Director; Mr. Peter Kimurwa
Chief Manager Operations; Ms. Mbatha Mbithi
Corporation Secretary; Mrs. Grace M. Magunga
Finance Manager; Mr. Joseph C. Mwaura
Audit Manager; Mr. Wilson M. Kamau
Information Technology Manager; Mr. Peter K. Mwangi
HR & Administration Manager; Mrs. Faith Munene

INDUSTRIAL DEVELOPMENT BANK
Managing Director/ Chief Executive Officer; Mr. James Karanja
Chief Legal Officer/ Company Secretary; Mrs. Rebecca Kinyanjui
Chief of Credit: Mr. Timothy K. Tiampati
Financial Controller; Mrs. Anne Gitau

KENYA POWER AND LIGHTING COMPANY (KPLC)

Managing Director & Chief Executive Officer; Joseph K Njoroge
Company Secretary; Laurencia K Njagi
Chief Manager, Energy Transmission; Sammy Muita
Chief Manager, Commercial Services; Rosemary K Gitonga
Chief Manager, Distribution; Benson Muriithi
Chief Manager, Planning, Research and Performance Monitoring; Eng. Raphael Mwaura

KENYA PETROLIUM REFINERIES
John Mruttu General Manager
Reuben Ndinya Finance Manager .
Martin Wahome Human Resource Manager
Charles Nguyai Engineering Manager .

COFFEE RESEARCH FOUNDATION

Director; Kimemia J K
Internal Audit; Kigo SM
Transport and Estate Manager: Njue R.M
Plant Pathology; Kairu G.M
Head, Chemistry; Mburu JN
Procurement Manger; Kobia V.K
Head of Entomology; Mugo H.M
Principal, Kenya Coffee College; Nyaga M.K
AGRICULTURAL SOCIETY OF KENYA
CEO; Batram M. Muthoka
COTTON DEVELOPMENT AUTHORITY
Human Resources and Administration Officer; Jackson Nguriare
Planning and Monitoring Officer; Antony Muriithi
Value Addition Officer; Alex Mungai
Legal Officer; Kellen Njue
Internal Auditor; Stephen Mugi
Senior Accountant; Joseph Muigai

PEST CONTROL BOARD OF KENYA
Chief Executive & Secretary to the Board Gladys Maina (Ms.)

MINISTRY OF GENDER AND CHILDREN AFFAIRS( all employed during time of Esther Murugi)
Information and Communication Technology Unit - Head, George W. Muhoro (Mr.)
AIDS Control Unit - Head, B. Mugo
Human Resource Development -Head, J. Macharia (Mr.)
Accounts Unit - Head, Festus N. Kamau (Mr.)
Central Planning and Project Monitoring Unit - Head, E. Ndirangu (Mrs)
Senior Deputy Secretary/Administration; Beth N. Mutugi
Senior Assistant Secretary- Simon F. Wachiye
Senior Assistant Secretary; Benson M. Mugo
Assistant Secretary; Simon C. Gatheru
Assistant Secretary; Joan Gitau
US/PA Minister; Martin Mwiti
'Shackles of Doom's day' at the festival Updated Sunday, April 21st 2013 a 21:58 GMT +3
Butere Girls' students perform the play Shackles of Doom at the drama festivals[Photo: Standard]
By GEORGE ORIDO
MOMBASA, KENYA: The day started with amber sun rays piercing through the large Arabian windows that ventilate the Aga Khan High School auditorium.
And as the clock ticked, theatre lovers continued to troop in numbers never seen before during the Kenya Schools and Colleges Drama Festival.
It was as if a Broadway Production was coming to town from Manhattan, New York City.
The fete's organisers had their crowd control skills put to the test, with a huge battalion of police officers brought in to help maintain order as the sea of humanity turned out to watch Shackles of Doom.
For an auditorium with a capacity of 400, it was obvious some of the over 2,000 people gathered outside the auditorium would be disappointed.
"Haki Yetu! Haki Yetu!," was all they could say after realising their efforts to secure seats failed to bear fruit.
And finally the time for Butere Girls' students to take to the stage came as the adjudicators' bell rang.
The usually easy air turned tense and the arrival of human rights advocate and Mombasa Senator Hassan Omar did not make things any better.
"We have been good to you but you are so heartless. You came and took away our land as our husbands veins drains in labour," came one of the stinging lines from the play as the young thespians got down to business.
This is the acid reaction by True Kanas to Mrs Kimani's announcement of the new employees of the newly established Mafuta Oil Company.
All plum jobs but those of labourers go to members of one community. Kimani, the proprietor of the land bought from the True Kanas, tries to assuage locals by appointing Lopush, a resident, as a watchman.
This does not go down well with the residents, but Kimani cannot hear none of their complaints.
Kimani's meanness is further highlighted when he forcefully demanding to 'sleep' with Lopush's bride on the eve of their wedding.
Deafening applause
"Let me explain. I didn't have anything with Kimani," tries to explain Wamaitha, Lopush's bride, after the groom busts them in his house.
By this time, the audience is silent and their empathy for Lopush is manifest in the applause and deafening cheers.
But payback time comes when Mafuta Oil Company catches fire and Kimani's wife and the rest of the management from his community are trapped inside.
Ironically, the person with key, Lopush, had just been unceremoniously expelled by Kimani.
Kimani starts begging and as True Kanas realise he is helpless, they corner him. "Lynch him! It is payback time!" "Please for the sake of humanity, let me free, and open the gates!," cries subdued Kimani.
"But when you took all position and left as slaves didn't' you think of humanity? Or when you denied us time out of work, or too all the land and siphoned all the profits, or even when you let effluence into the environment and our women miscarry and men die of Cancer?" asks a True Kana woman as the audience applause. But a voice of reason comes in and one of the community members pleads for forgiveness on his behalf.
As the curtain falls on this controversial and much awaited piece, there is a standing ovation and in the Nigerian style, they all go Igwe! Igwe! Igwe!
Banning of the play
"This play is about us why ban it in the first place? What the drama committee was to have us burry our heads in the sand," observes John Paul Wafula, a producer at the festival.
Senator Omar concurred: "These children are not destroying society, they are building it. They have raised fundamental issues afflicting us such as police brutality, tribalism, and unequal distribution of resources."
The National Cohesion and Integration Commission Vice Chairperson Milly Lwanga urged those who took offence with the choice of names to face reality and join other Kenyans in appreciating the root causes of national conflict.
"We are glad the play was finally staged,' she said after watching the play. She denied that NCIC had any hand in the ban as had been earlier rumoured.
And the girls themselves were a proud lot. "I felt we brought it out well. I am happy we drove the point home," said one of the actresses Mercy Mulama.
Shackles of Doom writer speaks out
Updated Thursday, April 18th 2013 a 16:04 GMT +3
By Philip Mwakio

Mombasa, Kenya: The Script writer and director of Butere Girls High School controversial play Shackles of Doom that won a court reprieve describes Wednesday's court's ruling as the best justice done in the field of art.
Cleophas Malalah, 27, in an interview with The Standard at the Lotus Hotel in Mombasa said that he was excited at the court's ruling.
Butere Girls drama troupe was expected at the national drama festival in Mombasa Wednesday .

''I am feeling good. Justice has been done. Kenya is experiencing a new dawn and precedent has been set where we shall no longer see impunity in theatre,'' Malala said.
He added that the court's decision was victory for Butere Girls .

'' When the Ministry of Education banned the play, we immediately dispersed. I made my own travel arrangements to come to Mombasa to watch the drama festivals instead, 'he said.

Malala said that he had contacted the School's principal Ms Dorah Okalo made arrangements to assembly the team to travel to Mombasa for the performance.

''The play to be performed in its totality will not disappoint. We have a powerful production ready to disseminate information to the Kenyan audience and society in general,'' he said.

Malala, who is also the Mahiakalo Ward Representative in Lurambi constituency said that Kenya has suffered the disease of ethnicity for far too long.

'' Our tribal relations are at stake because of divisive value. Artists should lead by example and tackle the elephant in the room,'' he said.
Students call for full implementation of Constitution
Updated Friday, April 19th 2013 a 22:52 GMT +3
By George Orido
Kenyans' hopes and aspirations in the Constitution were amplified by a beautiful verse staged at the ongoing drama festival.
The verse, Resipe, by Kenyatta University students showed that anything short of the full implementation of the Constitution will not only disenfranchise Kenyans but would also consign the country to eternal poverty.
Clad in white and dark colours to juxtapose the choices facing our leadership today, the well-tendered vocals and purposeful movements created a clear conflict between Walaji and Wapishi on the philosophy between the past and future. Resipe has led by example by having its production wholly from the
student fraternity.
External help
The festival at the Chandaria Hall in Mombasa, and which is now in its 54th edition, has had to rely on external help.
Taking cue from Kenyatta University were the Kenya Institute of Mass Communication with their cultural creative dance Obwami, The King Passes On, scripted by Terrence Ingadi and produced by Wycliffe Buhere.
In the dance drawing from Isikuti of the Luhya, it depicts an ageing King whose sunset days are looming.
Passing on the mantle
The King wants to pass on the mantle to his son Rango but Mona, a commoner but educated, challenges the impending transition move.
In his wisdom, the King listens and puts both of them to task.
For the first time, the tradition where the King had to be the first-born son of a King is shoved aside.
The contest is staged and Mona shockingly wins, to the delight of the masses. Choreographed by Jerah Etale, Obwami is a clear advocacy for women leadership and inclusion of more women in decision-making structures of the society.
The theme of human rights as enshrined in the chapter on the Bill of Rights in the Constitution was buttressed by Zetech College in their solo verse, Running Away, ably and forcefully presented by Rita Owiti.
It depicted the incessant harassing of hawkers by council askaris, more so old women and widows trying to fend
for their families.
Long-term Solution
"I really feel for the old mamas who are often bludgeoned by the ruthless and heartless askaris," said Rita after the show.
Running Away seeks a long-term solution to this menace that has left many on crutches and some on wheelchairs and at time in graves. The college had earlier staged a dance, Afande that depicted the plight of police officers.
Whilst they are tasked with the sole role of protecting lives and property, it is a paradox the kind of hue and cry that follows the shooting and killing of deadly criminals.
Human rights bodies are often quick to condemn the police but when the law enforcement officers bite the thugs' bullet, it is dead silence.
Written and choreographed by Elisha Otieno, Afande is ably produced by Polycarp Mutiso.
Still on crime, Kibabii Teachers College gave a good account of themselves with a play, Our Story.
Written by R Wangalia and produced by J Simiyu, the play is set on the modern family and explores the adverse effects of drugs.
Mosoriot Teachers College presented a dance, Keripo Kalya, revolving around the need to cultivate seeds of peace among Kenyan communities. Here, the Pokot community is lamenting about cattle rustling prevalent in their community.
Recently at the inauguration ceremony of President Uhuru Kenyatta and his deputy William Ruto, Uganda's President Yoweri Kaguta Museveni on a light note urged the newly-elected president "to stop the Pokot from stealing my cattle."
Tumbo Evolution was a narrative presented by Kisii University and it urges communities to work hard instead of expecting manna from heaven.
Poor production standards were manifest in many of the works staged by some institutions, including teachers training colleges, and greater effort and investment is needed if these crucial institutions of curriculum instruction are to up their game.
The University of Nairobi's staged a play that was a cool nostalgic reflection of days gone by.
Extend devolution to communities and locations
Updated Thursday, April 18th 2013 a 20:11 GMT +3
By Andrea Morara
Although the participation of the public in governance issues is increasingly being adopted as a means of obtaining the public's ownership of the government's programmes that are intended to benefit the citizens, it is only for the county governments that such participation has been decreed in the Constitution. The 2010 Constitution requires the cÍounty governments to ensure coordination and participation of communities and locations in governance.
The Constitution further requires the county governments to assist the communities and locations to develop the administrative capacity of the communities and locations to levels that would enable them to participate effectively in exercising their powers and carrying out their functions at the local level.
The County Governments, therefore, do not have any option other than deepening devolution to the grassroots. The challenge the county executives face is determining how best to carry out that requirement.
The starting point is to appreciate the necessity for citizens' participation in the governance issues within a county. The second is establishment of proper structures and appropriate mechanisms through which the county governments will engage the communities and locations as envisaged under the Constitution.
For example, governing entities involve communities in their planning and operations for a number of reasons.
However, the main one is that they help in building a common approach to identifying and prioritising programmes and activities that are based on their local needs.
Ownership of the programmes and their objectives is thus ensured and support for their funding and implementation is enhanced. Ultimately, the county may benefit from more efficient utilisation of resources as chances for spending budgeted funds on low priority programmes, projects, or activities are substantially reduced.
It is in the interest of the county governments that structured modalities for the participation of the communities and locations [as they may be defined in law] in governance issues at the county level be established sooner than later.
A number of factors need to be taken into account when establishing a successful community participation structure and engagement processes.
A critical one is inclusivity – thus all sections of the community and locations must be included.
This is important to avoid situations where the needs and priorities of some parts of the community may be missed out due to non-presentation.
Excluding some sections may also lead to skewed development in favour of those who may be overrepresented; a situation that will be inimical to the objects of devolution, especially equity.
It is important that the people who are appointed or elected to leadership positions at the local levels have capabilities that will contribute to productive community participation processes.''
In this regard, sufficient effort and time must be expended to finding a broad representative mix of knowledgeable residents with the required skills and ability to work in a collaborative manner in situations where most of the other participants are likely to have competing interests. It is important to realise that co-opting individuals with the appropriate competency and leadership attributes will be critical in establishing a successful engagement process.
Without good leadership, the community involvement process may not produce the desired plans and projects for the development of the local communities nor will it lead to the expected improvements in service delivery.
The county government must also seek to sustain community members' interest to continue participating in the community governance processes.
Blend of citizens
For this reason, the processes must have a system in which evaluation and accountability are part of the long term process for sustaining increased levels of engagement. The representatives must, therefore, be involved in setting benchmarks and establishing measures of performance against which results may be evaluated. Unless community residents can see evidence that their participation produces desired results a heightened degree of cynicism and increasing levels of withdrawal are likely to ensue.
The purpose of governance structures at community level is to operationalise public participation through agenda setting, planning, project evaluation, and monitoring of the county activities and levels of service delivery at specified geographical areas and echelons.
The establishment of requisite structures, channels and processes must therefore be flexible, gradual but developed in a manner that will generate sustained interest by the public, taking into account the fact that each community or community organisation has its unique blend of citizens, stakeholders, challenges, needs, strengths, and weaknesses.
Concurrently the county government must strive to overcome the skills gap through training and other educational programmes such as study tours and establishing of links with counties from elsewhere in the country where more rapid success has been attained as well as other relevant parts of the world, especially those that have had comparatively longer experiences with devolution.
The above observations are based on an assumption that the elected persons as well as the appointed officers at the county government level will be willing to cede some of their powers to the grassroots in line with the pertinent constitutional provisions.
As experience with respect to the devolution to the county governments has shown, this will not be automatic.
In such a scenario, the concerned commissions and other offices and organisations with a responsibility for ensuring full implementation of the Constitution should put mechanisms in place to guarantee that devolution is implemented to the extent that was contemplated in the Constitution.
Any row over CDF an unnecessary distraction from Devolution
Updated Wednesday, April 17th 2013 a 19:19 GMT +3
The purpose of fresh legislation or even revising existing laws is to make it more relevant, avoid unnecessary conflict, put a stopper on leakage of public funds, and allowing for all actors to operate under one set of laws and parameters.
Anything short of this is equivalent to throwing the citizenry under the bus and disrespecting their right to a better life. Citizens, therefore leave it to experts and/or elected members of the National Assembly or constitutional commissions. That is not a licence to try new things and experiment with the lives of taxpayers. Remember, amateurs built Noah's Ark, while experts built the Titanic.
This reasoning is what will inform our fair comment on the row over the Constituency Development Fund, pitting MPs against governors, the Constitution Implementation Commission, (CIC) and Kenyans at large. The CDF was a central government's way of decentralising financial resources to the grassroots so that the public could have a direct input into what constituted priorities in development. Hailed as historic and practical, it has been the focus of study by other countries that seek to replicate it or borrow from the model.
Sadly, one audit after another indicates that MPs used it to settle scores with political foes, and used it as a slush fund to reward family and cronies. However, where the fund was properly used, peoples' lives were revolutionised, lending further support for a devolved system of government.
And now that Kenya has successfully adopted the desired devolved governance structure, it is disheartening that a few new legislators and some carryovers from the Tenth Parliament want to amend the CDF Act to allow themselves greater control over the CDF. But, like the CIC argued in a full page advertorial yesterday, this would be unconstitutional, a betrayal of the reasoning behind devolution. It would negate the need for county CEOs in the name of governors who are meant to handle the day-to-day affairs of their counties.
Devolution did not envisage legislators circumventing the county planning and budgeting teams, thereby duplicating roles and wasting the precious little development funds availed to counties.
The clamour to increase the amount alloted to the CDF was meant to spur economic growth and social development in readiness with the bigger role counties shall have in determining their developmental priorities. It is now emerging that proponents of the CDF Act 2013 were preparing the way for their return to office as county chiefs to manage this poorly-policed cash cow.
However, greater vigilance afforded by the new political dispensation has left most functions and positions of authority operating in full public glare like goldfish as they stand to be surcharged.
Of course governors will be happy to see MPs' attempt to encroach on their turf defeated and this could be the beginning of the Senate's moment to shine as they ensure some laws are stopped in their tracks even before the ink has dried.
It would be tragic to see the negative traits of unashamed raiding of the county treasury, meaning Kenyans will just have devolved all the negative traits of the old order.
As the President promised in his address to Parliament two days ago: "Mechanisms for resolving the minor administrative challenges are already in place because my Government is committed to devolution in full."
The Head of State and the CIC must, therefore, ensure unscrupulous characters and spurious legislation do not derail the national agenda for the greater good that the supreme law promises.

LSK protests late probe on Pattni case judge

By PETER LEFTIE pmutibo@ke.nationmedia.com
Posted Monday, April 22 2013 at 23:30

In Summary

  • Judicial service team yet to conclude its probe into complaint raised by lawyers against judge
The judge who made a ruling shielding Goldenberg suspect Kamlesh Pattni from further investigations and prosecution has been the subject of complaints regarding his handing of other cases involving Mr Pattni.
The Law Society of Kenya has previously filed a complaint with the Judicial Service Commission over Mr Justice Joseph Mutava's handling of cases involving Mr Pattni and his companies.
"The committee has not finalised the investigations into the complaints raised by LSK and its members," said the Judicial Service Commission's registrar, Ms Fridah Mokaya, when asked about investigations on Justice Joseph Mutava's handling of cases involving Mr Pattni.
LSK on Monday said it would appeal against the High Court ruling that acquitted Pattni of the Goldenberg criminal charges as the judge who delivered the controversial judgment remained defiant in the face of public outrage.
LSK chairman Eric Mutua asked the Judicial Service Commission to speed up investigations into nine complaints raised against Mr Justice Mutava.
In a statement, Mr Mutua said that most of the complaints against the judge concerned his handling of cases involving Mr Pattni and his companies.
"We strongly believe in the rule of law and insist that justice should not only be done but seen to be done on the multi-billion shilling Goldenberg criminal charges," Mr Mutua said.
But Mr Justice Mutava appeared to have anticipated public outrage.
"It will be foolhardy not to observe that the verdict of this court in the present application is bound to elicit din, clamour and hostility in view of the predispositions by the media and public opinion with regard to the notoriety of the applicant (Pattni)," he said, declaring that the work of a judge is not for the faint-hearted. "I am, therefore, comfortable and well prepared for any reaction."
Ms Mokaya defended the JSC against accusations by one of the lawyers who raised the complaints that it had facilitated the delivery of the judgment by giving the judge access to the files containing cases facing Mr Pattni.
"It is normal for the committee to ask for the files relating to a case in order to facilitate its investigations, but once it has perused them, the files will be returned to the courts. It cannot keep them forever," Ms Mokaya said.
She, however, denied knowledge that the file containing the judgment had disappeared from the High Court registry and surfaced after 18 days, well past the 14-day window for filing appeals.
"On the alleged disappearance of the file, only the High Court division responsible can answer the question," Ms Mokaya said.
LSK had said that a case of the magnitude of the multi-billion shilling Goldenberg scandal could not be dismissed on grounds that it has taken too long in court.
"The Goldenberg scandal nearly brought the country to its knees on the economic front and it cannot be dismissed on flimsy grounds," Mr Mutua said. "We demand immediate action on the complaints we lodged against Justice Mutava before the JSC".
Mr Justice Mutava made the judgment dated March 20 absolving Mr Pattni and his associated firms from the Goldenberg scandal.
Mr Pattni was charged with conspiracy to defraud the government of Sh5.8 billion, which was just one of the multiple cases related to the scandal that is believed to have cost taxpayers more than Sh100 billion.
The judgment has kicked off a storm with LSK questioning the circumstances under which the judge was allowed to continue hearing the case and deliver the judgment when he is being investigated by the JSC over his handling of cases facing Mr Pattni.
"This is a big drawback in the fight against corruption. We have already filed an appeal because this judgment has confirmed the complaint we raised about Judge Mutava with the Judicial Service Commission," said Mr Nelson Havi, who represented the International Centre for Policy and Conflict (ICPC), which filed a petition seeking to have the judge removed from office.
The LSK also wondered why the JSC was taking long to conclude its investigations into the judge's handling of the Pattni cases.
"A committee was formed and the complainants even made submissions before it. Midstream, we learnt that the chairman, Justice Isaac Lenaola, had resigned and Smokin Wanjala appointed to replace him. Months down the line, we are yet to get the outcome of the investigation," LSK secretary Apollo Mboya said.
The Director of Public Prosecutions, Mr Keriako Tobiko, has indicated that he will lodge an appeal against the judgment.
In the judgment, Judge Mutava said that Mr Pattni's rights to a fair hearing had been violated.
"The prosecution's (government) conduct has failed to meet the thresholds of fair trial, which renders his further prosecution unconstitutional," he said.
He also said the delay in commencing prosecution, the flawed report on the Goldenberg scandal, lost documents and unavailability of witnesses could not result in a fair trial.
Conduct Garissa security operation openly and within the law
Updated Tuesday, April 23rd 2013 a 00:51 GMT +3
The systematic attacks of civilians and government officials in North Eastern counties cannot and should not be ignored at all levels.
The attacks have been ongoing for more than a year now claiming more than two dozens of lives and leaving scores others with serious injuries.
This is an area that supposed to be brighter and glittering in terms of business given its strategic position, bordering Somalia, which is slowly gaining stability.
Many expected the situation to be different in terms of stability and security with the new governance system in Kenya. But to the contrary, Garissa, Wajir, Mandera and Dadaab, to mention a few are now insecure than Mogadishu.
The incidents started in October 2011 when Kenya Defence Forces (KDF) entered Somalia to fight the terrorist group Al-Shabaab on their own land.
Whereas there are claims the attacks were being championed by sympathisers of the terror group other officials point at a possibility that other interests were orchestrating the attacks under the guise of Al Shabaab, which usually claim responsibility for such incidents.
Several theories have emerged pointing at business rivalry as the cause behind the recent attacks, which include accusations of businessmen struggling to control cartels that smuggle sugar worth millions of shillings from Somalia port of Kismayu for consumption in the Kenyan market.
Rogue police officers and Customs officials sucked into the corrupt contraband cartels have also been blamed for the insecurity in the region. That, however, is one of the questions the probe ordered by the President is meant to answer.
Such underhand dealings should be condemned by all right-meaning Kenyans because they border on economic sabotage. With a new administration in place, we expect things to work differently and hope the action taken to interdict a senior CID operative and nine others, Customs officers and Chiefs is based on credible Intelligence that will help bring stability to the area.
With the start of operations of the County Governments in Garissa, Wajir and Mandera there is need for safety so officials there operate freely.
It will not be the first time that such changes will be made and we hope that will help stem the problem. It is not clear if the changes will stop the killings because top police commanders in the vast province have been removed three times since the KDF operation but the attacks have not stopped.
Other than the changes, the government has pledged to offer a reward of between Sh50,000 and Sh100,000 to anyone who may provide information that will lead to arrest of those behind the killings, streamline and closely monitor operations of taxi and boda boda operators including limiting the latter's working hours to between 6am and 6pm.
Security agents will also closely monitor visitors booked in hotels and those renting residential houses, arrest all aliens for repatriation, enhance patrols and mount roadblocks.
The operation launched yesterday was long overdue but must be conducted under the watch of seniors and local leadership to avoid abuse of human rights, and be seen to be above board and in the public interest.
The Kenyatta administration cannot afford adverse publicity by starting to shoot ducks without first lining them up and determining that they are indeed the offending ones.
Over 100 arrested in massive Garissa police crackdown
Updated Monday, April 22nd 2013 a 23:59 GMT +3
Relatives of some of the 19 people arrested during a security operation in Garissa. [Photo: Boniface Ongeri/Standard]
By Boniface Ongeri and Cyrus Ombati
Garissa, Kenya: A battle-hardened team from the National Police Service has rounded up over 100 people in Garissa in the on-going security operation in the town.
The officers from the General Service Unit (GSU) and the Rapid Deployment Unit of the Administration Police began an operation to flush out suspects and search for illegal weapons.
It follows a directive by President Uhuru Kenyatta to the police to end the string of killings in the town targeting security officers and civilians.
Police say they will sustain the operation until residents of Garissa can live without fear. Many homes and business establishments were not spared as the heavily armed security officers engaged in a door-to-door search. Police have blamed the killings on sympathisers of Al Shabaab and corrupt elements with links to the force and some powerful businessmen out to settle scores.
The operation came a day after the local Criminal Investigation Department (CID) boss and nine others, including Customs officers and chiefs, were interdicted on suspicion they were involved in illegal activities in the town.
Internal Security Permanent Secretary Mutea Iringo confirmed the interdictions pending further investigations.
The PS said the Government would streamline and closely monitor operations of taxi and boda- boda operators, including limiting the latter's working hours to between 6.00am and 6.00pm.
Uhuru ordered the crackdown after unknown gunmen attacked the Holiday Inn Hotel in the town, killing 10 people and seriously injuring three others.
Illegal aliens
By the time of going to press, North Eastern region police chief Charlton Mureithi said 19 suspects had been detained.
He also admitted that many of those picked up yesterday were found to be illegal aliens with no direct connection to the killings.
The GSU and AP units were also armed with landmine detectors. Initially, there was anxiety when the security personnel began the operation, with most residents staying at home.
There were even reports that some residents were fleeing the town fearing possible harassment by the officers.
Memories here are still fresh of the carnage that followed the killing of three Kenya Defence Forces officers last year.
But Garissa County Commissioner Mohammed Maalim urged the residents not to flee out of fear of the security operation.
"Residents should co-operate with the officers and allow them to inspect their premises," he said.
Maalim noted that the town has been mapped out for easy operations and that the security officials on the border with Somalia are placed on high alert in case criminals opt to flee across to the other side
"We have also increased security checks along the road to nab criminals fleeing the operation", he said.
Maalim added that besides the dusk-to-dawn curfew on motorcycles, the Government would not restrict movement because it may hurt the town's economy.
The Government has offered cash reward of between Sh50,000 and Sh100,000 to any member of the public who provides information on criminal gangs operating in the town, leading to their arrest.
Maalim said that ultimately the security of the county depends on the cooperation between the police and the community.
"This is an operation that will last many days to get illegal immigrants, weapons and criminals. We urge for cooperation from the locals," said the police boss.
"We can see hundreds of police officers on the streets and have been moving from house to house looking for suspected terrorists," a caller from Garissa told The Standard.
Another witness said the local bus stop was full of passengers trying to flee the town for Nairobi.
Police bosses in Nairobi said commanders on the ground were watching over their juniors to prevent human rights abuses.
 
 
Repatriation
 
Security agents will also closely monitor visitors booked in hotels and those renting residential houses, arrest all aliens for repatriation after conviction in courts and enhance patrols and mount roadblocks.
 
 
Garissa and other local towns have been the targets of terrorists who kill innocent citizens and security officers using guns and grenades.
The incidents started in October 2011 after the Kenya Defence Forces entered Somalia to fight the Al-Shabaab terror group.
 
 
Motives advanced for the recent spate of killings include business rivalry as traders jostle to control the cartels that smuggle sugar worth millions of shillings from Somalia port of Kismayu to Kenya.
 
 
Mr David Kimaiyo, the Inspector General of the National Police Service termed the killings of innocent people as cruel. It is not clear if the changes will stop the killings because top police commanders in the vast province bordering Somalia have been removed three times since the KDF operation, but the attacks have persisted.
 
 
 
 
Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com
 
 
 

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