Wednesday 19 June 2013

[wanabidii] Governors to get diplomatic passports, special car number plates



Good People,

 

President Uhuru of Kenya is simply saying this:-

 

That the governments at the national and county levels are are distinct and inter-dependent and shall conduct their mutual relations on the basis of consultation and cooperation and fundamentally, "all functions of the county governments should be devolved immediately" ...... No Kwasa kwasa.....Donge!!!

 

That since the Constitution of Kenya 2010 creates an ambitious County Government structure based on principles of democracy, revenue reliability, gender equity, accountability and citizen participation.........that is how things should go ...... Donge !!!

 

That, the sovereign power of the people is exercised at both the National and the County levels and the county assembly consists of Members elected by the registered voters of the wards in a general election; and where the executive authority of the county is vested in the county's Parliament. And where, we all have been called upon, according to Constitutional Rights to join and inject whatever wisdon, knowledge, skills and tallents there is in our being for Partnership and Nationbuilding ........ Donge !!!

 

Are we in agreement good people..........???.......As we continue moving forward, small corner corner will be straightened then polished and things will get better for Kenyan with its friends and Allies...... and all will be happy mutually united for common good of all......

 

I am in agreement and I think I am happy with this reporting.
 
 
Regards,
 
 
 
Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com
 
 
 

Governors to get diplomatic passports, special car number plates

President Kenyatta and Deputy President William Ruto during the National and County Government Coordinating Summit at State House, Nairobi June 19, 2013. The President ordered that Governors be issued with diplomatic passports and special car number plates to facilitate their roles under the devolved government. PPS

President Kenyatta and Deputy President William Ruto during the National and County Government Coordinating Summit at State House, Nairobi June 19, 2013. The President ordered that Governors be issued with diplomatic passports and special car number plates to facilitate their roles under the devolved government. PPS

By PPS

Posted Wednesday, June 19 2013 at 16:05

In Summary

  • President Kenyatta says all functions of the county governments should be devolved immediately.
President Kenyatta has ordered that Governors be issued with diplomatic passports and special car number plates to facilitate their roles under the devolved government.
The President said all functions of the county governments should be devolved immediately.
"The National Government has already given instructions to all concerned institutions to ensure that devolution is implemented as per the 4th Schedule of the Constitution," said President Kenyatta at State House, Nairobi Wednesday where he chaired the National and County Government Coordinating Summit.
The summit, which brings together the President, Deputy President and all county governors, provides a forum for consultation and cooperation between the national and county governments and meets at least twice a year.
President Kenyatta acknowledged teething problems in the implementation of the new constitutional order, but maintained that such should not be misconstrued as a lack of commitment or support for devolution.
Aspirations of Kenyans
He said the governors and the National Government can overcome hurdles and succeed in meeting the aspirations of Kenyans by working closely.
"The commitment to the process of devolution is both personal and constitutional. The two levels of government were a desire of the people of Kenya,” the President said.
"In virtually all public engagements, we have stated our intention to make the devolution system work.”
Noting that the National Government made pledges some of which fall within the devolved functions under the purview of county governments, President Kenyatta emphasized the need for the two levels of government to work together closely in order to deliver to Kenyans.
He said the national and county governments should strive to be partners not competitors.
“We have a common mandate given to us by the people and this mandate will not be achieved by talking at each other but by talking with each other," he said.
"We are supposed to complement one another in order to deliver."
Deputy President William Ruto said the Jubilee Government takes seriously its responsibility to implement the Constitution in letter and spirit, particularly devolution.
He said the devolved system of government forms an integral part of the new government structure.
"We believe that the success of the elected leadership of the country is going to be achieved if the national and county governments succeed in the mandates given to them by the Constitution,” Mr Ruto said.
"We believe we will achieve the double digit growth rate if we facilitate county governments to transform into centres of economic growth.
The Deputy President said the national government is keen on working closely with governors to help in building the capacity of county governments, saying this will fast-track the development and economic transformation of the country.
 
 

Kenyans Mobilise Against Taxing the Poor

By Zahra Moloo, 18 June 2013
On a side street in Nairobi's bustling neighbourhood of Shauri Moyo, Faisal Ngila shouts to street vendors, motorbike taxi drivers and pedestrians. "Do you know taxes are increasing in Kenya?" he asks, handing out flyers urging Kenyans to say "no to Unga (maize flour) tax" by dialling a phone number that will register their signature on a petition.
Ngila is one of 17 activists involved in the campaign Kenyans for Tax Justice, speaking out against a new Value Added Tax (VAT) Bill, known popularly as the "Unga tax bill". In trains, buses, football stadiums and community centres, the activists are trying to raise awareness and compile a petition against the bill.
The bill seeks to apply a 16 per cent value added tax rate on basic commodities that have remained untaxed until now. These include rice, bread, maize flour, processed milk and sanitary pads. When the bill was introduced to parliament in 2012, citizen welfare groups strongly opposed its adoption. But it is now up for debate in parliament.
Many ordinary citizens are worried about the bill's impact on their already meagre incomes. "I am not really working. Sometimes I do casual labour washing dishes and clothes," Julia Njoki, a mother of four, tells IPS. "If they add tax to maize, bread and milk, I will not be able to buy anything."
Blessol Gathoni, one of the activists from Kenyans for Tax Justice, tells IPS that they are aiming for 20,000 signatures on their petition, which was presented to MPs yesterday. By Saturday, around 9,000 people had signed it.
"Taxes are not very sexy to discuss, so the first issue is to get people to think about how this bill will affect them and if they're moved, they can go ahead and call the number (to add their names to the petition)," she says. "People do not know that they are actually supporting the economy and that they should be demanding their rights."
VAT and the economy
Value Added Tax was introduced to Kenya in 1990 and since then has been subject to numerous amendments, including the introduction of tax refunds and zero rating on basic articles like food and imports used for manufacturing. It accounts for 28 per cent of total tax revenues in Kenya, second after income tax.
The International Monetary Fund has backed the new VAT bill on the grounds that it will increase the government's sources of revenue. According to the National Treasury, under the country's current tax regime, Kenya loses Sh11 billion ($129 million) in revenue and the current VAT structure is "complex, inefficient and unproductive."
The Kenya Revenue Authority's Commissioner for Domestic Taxes Pancrasius N. Nyaga says the VAT bill as it stands must be overhauled to seal loopholes that may create tax leakages in the economy.
"Zero rating on goods is actually benefiting the manufacturers and not the consumers or the common people," says Nyaga. "If you look at the Thika Road project, you will find that the contractors were granted zero-rated status and purchase commodities without paying VAT. That creates a loophole. If they buy a lot of cement, the government loses VAT and it can be sold on the black market, undercutting genuine traders." Thika Road, the main highway in Nairobi, has been expanded from four to eight lanes.
Nyaga adds that those mobilising against the bill are not seeing the overall positive impact on the economy.
"I think the whole issue has been misunderstood and people are trying to gain political mileage out of it. The pricing is not such a big deal. When VAT is spread evenly across all commodities, it will be self-regulating, and prices will not impact negatively on everyone."
But Kwame Owino, chief executive officer at the Institute of Economic Affairs Kenya, a public policy think tank, says while the VAT bill will create predictability in tax revenue collection, it will also raise the prices of basic goods.
"Its justification is that it's not an increase in tax, but if you are expanding the number of goods to which VAT applies, then it necessarily means that you are increasing taxes," he says.
But in a country where, according to the World Bank, the average person earns $1,700 (Sh144,500) a year, such price increases may have serious implications for ordinary citizens. According to Sarah Muyonga, policy and advocacy manager at Tax Justice Network Africa, which supports transparency in international finance, low-income earners are likely to bear the burden of the tax increases.
"I consider it a myth that the rich consume much more than the poor. The poor consume more regularly in smaller quantities. If a poor person buys a small packet of milk every day, they are paying VAT every day and, in the long run, they end up paying more tax than the rich," she tells IPS, referring to the fact that poor people spend a larger percentage of their income on taxable goods than rich people do.
Kenya's tax incentives cost billions
The activists mobilising against the VAT bill say they want to use the campaign to highlight the government's hypocrisy in taxing ordinary citizens, while "multi-billion shilling companies" are "given tax breaks and holidays."
Government estimates place Kenya's lost revenue from tax incentives to foreign investors at Sh100 billion ($1.1 billion). Tax Justice Network Africa estimates that in 2010 and 2011, the government spent more than twice the country's health budget on providing tax incentives. Kenya's health budget for 2010/2011 was $485 million.
However, a 2006 report by the IMF states that investment incentives and, in particular, tax incentives, are in fact "not an important factor in attracting foreign investment."
Nyaga says the government is looking to overhaul its tax incentive regime. However, he adds, tax incentives have nothing to do with the proposed VAT bill. "With this bill, we are not targeting low-income people at the expense of the large corporations as suggested. We will be addressing all deficiencies in the tax," he says.
However, the international organisation against poverty, The Rules, is not convinced and has said that ongoing talks between the City of London and the Kenyan government are "aimed at modelling Kenya's financial system on the City of London," a "hub of the global tax haven system through which billions in untaxed profits flow every day."
"The Kenyan government has hired the most aggressive financial liberalisers in the world to advise them," Martin Kirk, global campaigns director for The Rules, tells IPS. "So vague promises of overhauling tax incentives sound pretty hollow in the face of evidence - taxes have to be paid; if some people don't pay, others are forced to. What we're seeing with the Unga taxes are an example of that. Tax theft by the rich is costing Kenya billions of shillings every year, so the poorest are being told to pay more to pick up the tab."
- www.ipsnews.net
"If a poor person buys a small packet of milk every day, they are paying VAT
every day and, in the long run, they end up paying more tax than the rich."
-- Sarah Muyonga
 
 

Kenya: Devolution Is an Obligation

By Musalia Mudavadi, 15 September 2011

opinion

The curtain has closed on the work of the Task Force on Devolved Government but the real work now begins. The TFDG has presented its final Report with recommendations and a draft Sessional Paper to guide the implementation of the devolved system of government.
The Report and the draft Sessional Paper are of high probity and should help Kenyans think through the meaning of devolution; what is required in the implementation process; the policy benchmarks we ought to look out for; and the legal framework necessary for the devolved system of government as envisaged in the Constitution.
We now have a policy reference document that we will use to implement the new devolved system of government. I appointed the TFDG on October 22 2010 to meet the decision of the Fourth Cabinet Meeting of August 17 2010, that ministries draft Bills to implement the Constitution.
Due to scarce resources, it did not get down to real business until February this year. And in record time by April, it had produced a very detailed and thoughtful Interim Report for discussion by Kenyans. Since then, the TFDG continued to surprise us with its creative proposals and originality in spite of extremely tight schedules. Six enabling bills were presented in August and the new Urban Areas and Cities Act 2011 is the brainchild of this team.
With this law, our cities and towns will be professionally managed with a focus of making them engines of economic growth for counties. This will be through proper planned infrastructure and service delivery. The other proposed bills on devolution are on their way to Parliament. Indeed, on matters of draft legislation on devolution, we are ahead of schedule on devolution bills by six months. Among the crucial bills on Devolved Government, county finance bills and transition to devolved government bills.
These bills are critical because under the Constitution, devolution is reflected in every aspect of management of public affairs. It is therefore important that mechanisms for transiting from the current system are in place before the next elections to avoid a constitutional crisis. I am confident that all implementation agencies will make these bills a priority and that they will become law by the end of this year. This should give us enough lead-time for transition mechanisms as we prepare for county governments.
In the last eleven months the TFDG worked tirelessly to generate implementation mechanisms, its outputs have caused a lot of interest and heated debates. This was as expected and indeed required because, quite frankly, devolution is the constitution. Debate was also necessary as a constitutional requirement on public participation. In this regard, I noted two strands of arguments motivating the debates.
First, there were those who made argument because they had genuinely not been able to internalise the full meaning of devolution until the TFDG shed light on these matters when it released the Interim Report. The debate showed that all public officers and the public need to be sensitised and trained to appreciate the new devolved system of governance. The TFDG has gone out of its way to draft a civic education programme and I call upon everyone of goodwill to help us roll it out.
With the support of our development partners, an Expert Committee will help us implement this programme in the medium term. The advantage of doing this is that, we shall not lose the capacity, institutional memory and momentum already set by the Task Force. Second, there are those who understand quite well the import of devolution but have decided to prevaricate in self-denial. Fear of the unknown and personal insecurity cloud the ability to act resolutely. Inertia has become another word for subtle attempts to claw back what the constitution promises Kenyans.
I caution that reform is truly here and we cannot postpone the promise of devolution made to Kenyans in the constitution. Devolving power, resources and responsibilities to our people is not conditional; it is an obligation and a duty we must undertake with all the resolve and honesty we can muster. On devolution, we must not allow ourselves to falter as we continue consulting on pending issues, especially with respect to matters of finance. Finance will be the fault line upon which devolution will succeed or fail.
I must say that whatever is our personal disposition towards devolution, no matter how insecure we feel; it is important to ensure that any decision we make towards implementation is only guided by obedience to the letter and spirit of the constitution. Devolution is the most transformative pillar of the constitution we adopted. Devolution underpins and permeates every chapter of the constitution. To assume that we can tinker with certain aspects of devolution during implementation and still hope to harvest the benefit of subsidiarity is foolhardy. We should therefore avoid any attempts to dilute any aspect of devolution during implementation.
Our future prospects as a nation are intrinsically linked to the promise of devolution; that of placing government, development and decision-making in the hands of the sovereign citizens. For this reason, the constitution decrees that citizens are their own agents for development and transformation rather than objects or recipients of dictates from unaccountable state authorities. Any deviation can only subvert, with unfathomable consequences, the hard-worn democratic gains.
Hon. Musalia Mudavadi is Deputy Prime Minister and Minister for Local Government.
 
 
 
 
County Assemblies and Executive
  • The country will be divided to approximately 47 counties – the counties are comparable to the current districts.
  • Each county will have a County Executive headed by a county governor elected directly by the people and;
  • A county assembly elected with representatives from wards within the county.

Devolution[edit]

Devolution to the county governments will only be autonomous in implementation of distinct functions as listed in the Fourth Schedule (Part 2). This is in contrast with the Federal System in which Sovereignty is Constitutionally divided between the Federal government and the States. The Kenyan Devolution system still maintains a Unitary Political Concept as a result of distribution of functions between the two levels of government under the Fourth schedule and also as result of Article 192 which gives the president the power to suspend a county government under certain conditions. A conflict of laws between the two levels of government is dealt with under Article 191 where National legislation will in some cases override County legislation. The relationship between the National Government and the Counties can be seen as that of a Principal and a limited autonomy Agent as opposed to an Agent and Agent relation in the Federal System. More checks and balances have been introduced as requirements for accountability of both levels of government. The Parliament( Senate and National Assembly) has much discretion on the budgetary allocations to the County Governments. Every Five years the Senate receives recommendations from the Commission of Revenue Allocation (Article 217) and a resolution is passed on the criteria for Revenue allocation.
The National Government is constitutionally barred from intruding wilfully with the county government role and function under the Fourth Schedule. Exceptions may require parliamentary approval (Article 191 and 192). The National Government has a role to play in the County level by performing all the other functions that are not assigned to the County Government as listed on the Fourth Schedule (Part 1).

Citizenship[edit]

The new constitution makes important reforms to the previous framework on citizenship, in particular by ending gender discrimination in relation to the right of a woman to pass citizenship to her children or spouse; by ending the prohibition on dual citizenship; and by restricting the grounds on which citizenship may be taken away. The text has been criticised, however, for not providing sufficient protections against statelessness for children or adults.[12]
  • A person is a citizen by birth if on the day of the person's birth, whether or not the person is born in Kenya, either the mother or father of the person is a citizen (Art 14(1)).
  • A person who has been married to a citizen for a period of at least seven years is entitled on application to be registered as a citizen (Art 15(1)).
  • A person who has been lawfully resident in Kenya for a continuous period of at least seven years, and who satisfies the conditions prescribed by an Act of Parliament, may apply to be registered as a citizen (Art 15(2)).
  • A person who is a citizen does not lose citizenship by reason only of acquiring the citizenship of another country (Art 16) and persons who are citizens of other countries may acquire Kenyan citizenship (Art 15(4)).
  • A person who as a result of acquiring the citizenship of another country ceased to be a Kenyan citizen is entitled, on application, to regain Kenyan citizenship (Art 14(5)).

Disagreements over reform[edit]

After the draft of the constitution was released the type of government which would be implemented with the constitution was a debate amongst the various government coalitions.[13][14] The two major political parties,the Party of National Unity (PNU) and the Orange Democratic Movement (ODM) disagreed on many points.[13] the greatest discrepancy in opinion is over the nature of the executive branch of the government.[13] The economic interest represented by the Kenya Private Sector Alliance (KEPSA), openly opposed the new style of government.[13] Eventually the contentious issue of the position of Prime Minister was removed. The remaining contentious issues primarily concern abortion, Kadhi courts and land reform.
Mainstream Christian leaders in Kenya object to the constitution
  1. The Proposed Constitution of Kenya in Sec 26(4) reiterates and reaffirms the current Kenyan penal code by stating: Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law. However, the church insists that the weak drafting of the clause, especially the last two parts, could allow for the same clause to be used to enact laws or justify procurement of on-demand abortion.[15]
  2. The Proposed Constitution of Kenya in Sec 24(4) exempts a section of society that profess Islam as their religion from broad sections of the Bill of Rights that relate with Personal Status, Marriage, Divorce and Inheritance.
  3. The Proposed Constitution of Kenya in Sec 170 Provides for the Establishment of Kadhi Courts.
  4. The Proposed Constitution of Kenya in Sec 170 (2)a Discriminates against all other sectors of society by limiting the Kadhi's Job opportunity only to persons that Profess the Muslim Religion. The church leaders also insist that for the clarity of the separation of religion and state doctrine and equality of religion, the Kadhi courts should not be in the constitution.
A three Judge Bench of the High Court has since in a landmark ruling of a case filed six-year ago, declared the inclusion of the Kadhi court illegal and against the principles of non-discrimination, separation of religion and state and constitutionalism.[16] A section of the Muslim leadership has vowed to retaliate the ruling by seeking their own judicial declaration that the teaching of Christian religious Education in public school curriculum is illegal.[17] The education curriculum includes religious education syllabus for both Christianity and Islam.

International reaction[edit]

Generally the whole world praised the approach that the Kenyans took to constitutional reform, seeing it as a viable way to keep corruption in check.[18] United States Secretary of State Hillary Clinton said that "I am pleased that they have taken this step, which represents a major milestone."[18] Other United States diplomats also commented on the unity and meaningful intent which Kenyans were presenting in approaching the reform.[18] Non-profits concerned with civil society and other reforms also praised the approach.[18] For example, the Africa director for the International Foundation for Electoral Systems said that "The fact that they are bringing in stakeholders to lend their voice and make recommendations will strengthen civil society because they will keep a close eye on the process and, if it is passed, will ensure that it is respected and properly implemented."[18]Canadian Foreign Affairs Minister Lawrence Cannon stated: "On behalf of the Government of Canada, I wish to congratulate Kenya on the adoption of its new constitution. This is a significant achievement and an important moment in Kenya's history. We welcome the leadership shown by President Mwai Kibaki and Prime Minister Raila Amolo Odinga within the Grand Coalition Government in bringing Kenyans together to tackle their future and make progress through dialogue, and in implementing the reforms set out in the country's National Accord and Reconciliation Act. However, we deplore the Government of Kenya's invitation to Sudanese President Omar al-Bashir to attend the constitution's adoption ceremony. Given the International Criminal Court arrest warrants against President al‑Bashir, this contravenes Kenya's obligations as a state party to the Rome Statute of the ICC, which requires that it cooperate with the Court. Kenya is cooperating with the ICC on investigations relating to Kenya's 2007–2008 election violence and should reaffirm its complete cooperation and commitment to the ICC.".[19]
Researchers at the UK-based Overseas Development Institute have praised the 2010 Constitution as a positive step forwards in terms of securing greater equity for women and children in Kenya, highlighting "A new narrative for social justice" and "Institutional reforms to strengthen accountability".[20] However, they stress that a constitution alone will not generate the desired changes; what matters is how the constitutional commitments are translated into policy and practice.
 
 
 

What Constitution of Kenya 2010 Provides for Counties

– November 3, 2011
The Constitution of Kenya 2010 creates an ambitious County Government
structure based on principles of democracy, revenue reliability, gender equity,
accountability and citizen participation.
3.1 The type of devolution provided in the Constitution of Kenya 2010
The Constitution of Kenya provides a two-tier system of government (National
and County respectively). From the outset, Article 1 (4) of the Kenyan Constitution
recognizes the fact that the sovereign power of the people is exercised at both
the National and the County levels. The constitution further creates 47 counties
as outlined in the First Schedule with delineated functions and responsibilities
(Fourth Schedule).
It is imperative to note that the governments at the national and county levels
are distinct and inter-dependent and shall conduct their mutual relations on the
basis of consultation and cooperation. Article 174 of the constitution, highlights
key objectives of devolved government, among them, promoting social and
economic development and the provision of proximate, easily accessible services
throughout Kenya; ensure equitable sharing of national and local resources
throughout Kenya; facilitate the decentralization of State organs, their functions
and services, from the capital of Kenya.

3.2 Institutions of County Government

3.2.1 County Assemblies

A county assembly consists of: Members elected by the registered voters of the wards in a general election; the number of special seats necessary to ensure that no more than two-thirds of the membership of the assembly is of the same gender; members of marginalised groups, including persons with disabilities and the youth, as prescribed by an Act of Parliament and the Speaker, who is an ex-officio member. The members in 2 and 3 are to be nominated by political parties in proportion to the seats received in the election in a particular county.

3.2.2 County Executive Committees

The executive authority of the county is vested in the county executive
committee.
The committee consists of: the county governor and the deputy county
governor; and members appointed by the county governor, with the approval
of the assembly, from among persons who are not members of the assembly.
The number of members of the committee should be a third of the number of
members of the county assembly, if the assembly has no more than 30 members;
or 10, if the assembly has more than 30 members.
The county governor and the deputy county governor are the chief executive
and deputy chief executive of the county respectively. Members of a county
executive committee are accountable to the county governor for the performance
of their functions and exercise of their powers. If a vacancy arises in the office
of the county governor, the members of the county executive committee cease
to hold office but the executive committee of the county, as last constituted
remains competent to perform administrative functions until a new executive
committee is constituted in case of election.
 
 
 
 

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