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MAR/<strong>APRIL</strong> 2010<br />

10TH EDITION<br />

<strong>The</strong> Authoritative Journal <strong>of</strong> <strong>The</strong> <strong>Kenya</strong> <strong>Alliance</strong> <strong>of</strong> <strong>Resident</strong> Associations<br />

Energy:<br />

High Petrol<br />

Prices: 10<br />

Unanswered<br />

Questions!<br />

Perspective:<br />

Swiss Ambassador<br />

for reforms<br />

Pr<strong>of</strong>ile:<br />

Rosemary Mkok<br />

– the lady turning<br />

around KSB<br />

PUBLIC<br />

PROCUREMENT<br />

Local Authorities:<br />

Will ICT Cut Corruption<br />

Supported by<br />

FORD<br />

FOUNDATION<br />

www.kara.or.ke


Editor’s Note<br />

W<br />

elcome to your preferred public<br />

service delivery focused journal.<br />

As always, we appreciate your support<br />

and encouraging feedback.<br />

<strong>The</strong> two decades clamour for <strong>Kenya</strong>’s<br />

new constitution may soon come to a<br />

fruitful end after the August referendum<br />

vote. We call for an impartial civic<br />

education to be conducted in every corner<br />

<strong>of</strong> the country. We are optimistic that the<br />

Committee <strong>of</strong> Experts on the Constitution<br />

will realize this key endeavour, in earnest.<br />

We also appeal to the media houses to<br />

remain as objective as possible in their<br />

reporting on the subject.<br />

On the Truth, Justice and<br />

Reconciliation Commission (TJRC) our<br />

position has not changed. <strong>The</strong> TJRC, its<br />

noble intentions notwithstanding, will not<br />

realize much under the current context.<br />

<strong>The</strong> Commission must be disbanded now.<br />

On HIV/AIDs, we stand with both the<br />

infected and the affected. With support <strong>of</strong><br />

the National AIDs Control Council, we are<br />

promoting the human rights protection <strong>of</strong><br />

people living with HIV/AIDs. We continue<br />

to appeal to fellow <strong>Kenya</strong>ns to assist cut<br />

down on new infections.<br />

On Public Procurements and Disposal<br />

Act <strong>of</strong> 2005, we will be carefully reviewing<br />

any possible gaps between policy and<br />

practice at the Local Authorities. We will<br />

closely work with the Public Procurement<br />

Oversight Authority (PPOA), City Council<br />

<strong>of</strong> Nairobi and Municipal Councils <strong>of</strong><br />

Mombasa, Nakuru and Machakos. We<br />

thank the USAid , through Pact<strong>Kenya</strong>, for<br />

its support on this program.<br />

On security, we are working with<br />

the Police Reforms Implementation<br />

Committee, (Naikuni Committee), to<br />

among other issues unravel the challenges<br />

on police reforms, community policing and<br />

private security regulation bill.<br />

On Environment, and together with<br />

our partners, we will vigorously pursue<br />

the public Forests excisions revocation<br />

court case. We also take this opportunity<br />

to humbly remind the Prime Minister Eng.<br />

Raila Odinga that lest he forgets, <strong>Kenya</strong>ns<br />

are anxiously waiting for implementation<br />

<strong>of</strong> the Effi ciency Monitoring Unit’s Report<br />

on National Environment Management<br />

Authority (Nema). Kara will not relent.<br />

As we mark a decade <strong>of</strong> promoting<br />

enhanced access to public service<br />

delivery, we are counting on your<br />

continued support to enable us scale to<br />

even greater heights in 2010 and beyond.<br />

Karibuni na asante sana!<br />

As fraudulent and unscrupulous<br />

individuals and businesspeople<br />

devise the ever elusive tactics to<br />

steal public funds, it is becoming<br />

clearer that advancement in technology,<br />

especially Information and Communications<br />

Technology (ICT) could be the only<br />

panacea.<br />

<strong>Resident</strong>s in the city and ratepayers in<br />

other local authorities are losing billions <strong>of</strong><br />

shillings to thieves who mostly capitalize<br />

on age old accounting and book keeping<br />

systems to misappropriate public funds.<br />

And as such cases become more<br />

common, Neighbourhood <strong>Kenya</strong> has<br />

established that honest and well meaning<br />

chief <strong>of</strong>fi cers are now embracing modern<br />

day technology to reduce, if not eradicate,<br />

corruption especially in the procurement<br />

and disposal processes.<br />

<strong>The</strong> introduction <strong>of</strong> the Local<br />

Authority Integrated Financial Operations<br />

Management Systems (LAIFOMS) is<br />

gaining popularity even as some authorities<br />

COVER STORY<br />

Local Authorities<br />

Procurements –<br />

Will ICT Cut Corruption<br />

say the program is a little too expensive to<br />

implement.<br />

Most contend that though initially<br />

expensive, it is in the long run less costly<br />

as once fully operational it may save the<br />

billions that would have been swindled by<br />

the corruption syndicates in town.<br />

<strong>The</strong> City Council <strong>of</strong> Nairobi is one <strong>of</strong><br />

the local authorities that have speedily<br />

incorporated the technology and as the<br />

recently appointed city treasurer Mr. John<br />

Ngugi testifi es, the results are beginning to<br />

show just months into the program.<br />

<strong>The</strong> effort, for instance, has pushed<br />

up the revenue collected from car parking<br />

fees by over Sh 1.3M. Mr Ngugi revealed<br />

that before the introduction <strong>of</strong> LAIFOMS<br />

the council was collecting an average <strong>of</strong><br />

Sh1.2M shillings a day but now it receives<br />

over Sh 2.5M daily, meaning that some<br />

fraudsters had been illegally making over a<br />

million shillings a day!<br />

Though the treasurer contends that<br />

fraud is still on as a few parking attendants<br />

3.


COVER STORY<br />

“Whatever the laws,<br />

whatever the technology<br />

there can never be<br />

zero corruption in the<br />

procurement and collection<br />

<strong>of</strong> revenue unless people<br />

change their ways and act<br />

with total honesty, one can<br />

never seal all the loopholes<br />

with legislation and<br />

technology,”<br />

or people impersonating them still use fake<br />

receipt books and debit motorists, saving<br />

more than a million a day is defi nitely a step<br />

in the right direction.<br />

Nakuru town clerk Mr. Sheikh Abdullahi<br />

says his council is making only Sh416M<br />

a year but believes if they were to fully<br />

embrace the technology they would rake in<br />

more.<br />

“<strong>The</strong> main loophole in revenue<br />

collection is the fact that we are not fully<br />

automated.<br />

<strong>The</strong> other is some residents do not want<br />

to pay our new rates as they say they are<br />

too high,” says the town’s chief executive<br />

adding that with that kind <strong>of</strong> revenue the<br />

council runs on a defi cit <strong>of</strong> Sh154M.<br />

Mr. Tubman Otieno, Mombasa’s town<br />

clerk agrees that indeed IT is an important<br />

aspect in guarding against the cruel nature<br />

<strong>of</strong> untrustworthy employees.<br />

He adds that other than ensuring that<br />

information and records are easy to follow<br />

and monitor, effective use <strong>of</strong> technology<br />

also cuts on the time and inconveniences<br />

that ratepayers go through in the process on<br />

remitting their dues.<br />

Mr. John Ngugi, City<br />

Treasurer, CCN<br />

In Nairobi, the decentralization <strong>of</strong> rate<br />

paying units has been made possible by<br />

these integrated systems. <strong>The</strong> council<br />

has since opened a new paying centre at<br />

Makadara, in the city’s Eastlands and Mr<br />

Ngugi says the response <strong>of</strong> his customers,<br />

is so far, impressive.<br />

But all said and done, <strong>Kenya</strong>ns are<br />

eons away from realizing a corruptionfree<br />

procurement process in their local<br />

authorities, unless <strong>of</strong>fi cials in the councils<br />

transform to honesty.<br />

Offi cials interviewed by Neighbourhood<br />

<strong>Kenya</strong> concede that whatever technology<br />

that is introduced and implemented, the<br />

goodness <strong>of</strong> man will be the only way<br />

to completely alleviate the scourge <strong>of</strong><br />

corruption and ensure that residents within<br />

affected local authorities get the services<br />

they deserve and pay for.<br />

“Whatever the laws, whatever the<br />

technology there can never be zero<br />

corruption in the procurement and collection<br />

<strong>of</strong> revenue unless people change their ways<br />

and act with total honesty, one can never<br />

seal all the loopholes with legislation and<br />

technology,” says Mr Ngugi.<br />

Local government experts intimate that<br />

though the laws governing the process<br />

are in place, it is virtually impossible<br />

to seal all the loopholes available for<br />

unscrupulous characters and it all rests on<br />

the transparency <strong>of</strong> concerned personnel for<br />

everything to fl ow transparently.<br />

<strong>The</strong> treasurer <strong>of</strong> <strong>Kenya</strong>’s capital city<br />

admits that whatever his council does,<br />

there can never be total safeguard against<br />

fraudsters in the process <strong>of</strong> procurement<br />

and revenue collection.<br />

Some experts say that a complete<br />

change in <strong>Kenya</strong>ns’ (both council workers<br />

and residents) psyche and a development<br />

<strong>of</strong> a national conscience will make the<br />

country achieve effi ciency.<br />

Mr Ngugi adds that a large percentage<br />

<strong>of</strong> the funds meant for the betterment <strong>of</strong> the<br />

city’s life ends up in individuals’ pockets,<br />

wrongly and yet consciously despite the<br />

deliberate effort he has initiated to guard<br />

against the vice.<br />

With the recent graveyard plot<br />

acquisition saga by the city council still fresh<br />

in most <strong>Kenya</strong>ns’ minds, the revelation by<br />

the city <strong>of</strong>fi cial is disturbing.<br />

Most local authorities have revenues<br />

running into billions <strong>of</strong> shillings and the<br />

admission that things are not foolpro<strong>of</strong>, is to<br />

say the least, worrying. Nairobi handles, or<br />

is expected to handle, over Sh10B shillings<br />

annually.<br />

Of Nakuru’s Sh416M revenue, the<br />

expenditure projections are Sh667M, part <strong>of</strong><br />

which Sh340M goes to personnel, Sh227M<br />

to operations leaving a defi cit <strong>of</strong> Sh154M.<br />

All local authorities are expected<br />

to abide by the government’s Public<br />

Procurement and Disposal Act <strong>of</strong> 2005 but<br />

hardly do they do this as they engage in<br />

multi billion shillings deals.<br />

Its workers are also expected to strictly<br />

adhere to the Public Offi cers Ethics Act.<br />

<strong>The</strong> gap between such expected policy<br />

guidelines and actual practices among<br />

senior most workers has been growing by<br />

every passing day.<br />

It is hoped that local authorities will<br />

move fast enough to take on board and use<br />

customized technology systems to reduce<br />

the rate <strong>of</strong> misappropriation <strong>of</strong> public funds<br />

and make scandals like the recent cemetery<br />

plot by Nairobi City Council in Mavoko<br />

Municipal Council history so that residents<br />

can regain confi dence in their supposed<br />

workers.<br />

Whether the ICT can signifi cantly cut on<br />

corruption without change <strong>of</strong> attitude and<br />

accountability among the workers at local<br />

authorities is anyone’s guess.<br />

Disclaimer:<br />

Neighbourhood <strong>Kenya</strong> is produced bi-monthly by <strong>The</strong> <strong>Kenya</strong> <strong>Alliance</strong> <strong>of</strong> <strong>Resident</strong> Associations (<strong>KARA</strong>) <strong>The</strong> opinion expressed in the articles are those <strong>of</strong> the authors and<br />

do not necessarily reflect <strong>KARA</strong>’s <strong>of</strong>fi cial position. <strong>The</strong> editor welcomes contributions <strong>of</strong> articles and photographs from members <strong>of</strong> the public. Any materials received will<br />

be treated as unconditionally assigned for public and will be subject to <strong>KARA</strong>’s unrestricted right to edit and publish.<strong>KARA</strong> reserves the right <strong>of</strong> this publication and no<br />

part can be published in anyway without express permission.


PROFILE ENERGY<br />

High Petrol Prices: <strong>The</strong> Ten<br />

Unanswered Questions!<br />

<strong>The</strong> circumstances surrounding<br />

the <strong>Kenya</strong> Bureau <strong>of</strong> Standards<br />

(Kebs) suspect and disputed<br />

contract with an Indian fuel<br />

quality inspection fi rm Geo Chem Middle<br />

East which pushed pump prices upwards<br />

by an estimated Sh4 was yet another<br />

manifestation <strong>of</strong> an irresponsible and<br />

disjointed government bent on fl eecing the<br />

hapless taxpayer and consumer.<br />

<strong>The</strong> prices were only reduced after public<br />

outcry that forced the government to retract<br />

its intention.<br />

No doubt the emerging disagreement<br />

within government on the matter has more<br />

to do with the vested interests that would<br />

have shared the proceeds <strong>of</strong> the deal as<br />

opposed to protecting public interest.<br />

Energy and Industrialization ministers<br />

Mr. Kiraitu Murungi and Mr. Henry Kosgey,<br />

respectively, seemed to feign ignorance on<br />

the whole matter that had been on<br />

the cards for long.<br />

<strong>The</strong> now<br />

increasingly<br />

fashionable trend where no minister,<br />

permanent secretary and other government<br />

<strong>of</strong>fi cials takes responsibility for sins <strong>of</strong><br />

commission and or omission within their<br />

respective dockets is costing the economy<br />

and <strong>Kenya</strong>’s reputation among the family <strong>of</strong><br />

nations.<br />

Let us assume that Kebs had good<br />

intentions in introducing the new fuel<br />

inspecting company. <strong>The</strong> fi rst prudent<br />

move would have been to objectively study<br />

and document credible misgivings on the<br />

manner the <strong>Kenya</strong> Petroleum Refineries Ltd<br />

and the <strong>Kenya</strong> Petroleum Company could<br />

be inspecting the oil.<br />

<strong>The</strong> next step, and assuming Kebs<br />

would have been acting in good faith, it<br />

would have moved to recommend to the<br />

relevant arm <strong>of</strong> government on the need<br />

to immediately discontinue the two based<br />

on their assessment. A competitive open<br />

tendering process would then<br />

have followed in earnest.<br />

Following the<br />

Sh4 when the actual implication <strong>of</strong> the Kebs<br />

and Geo Chem Middle East deal is said to<br />

have been less than Sh1<br />

Fifth, who will believe the oil marketers’<br />

crocodile tears on the matter when they<br />

have remained notorious and a real pain<br />

to the public in failing to adjust oil prices<br />

downwards whenever global prices <strong>of</strong> the<br />

precious commodity fall<br />

Six, could Kebs have noticed what is<br />

unknown about the dangers posed to the<br />

public by the current oil inspectors or are<br />

they simply being used as a conduit to<br />

enrich the select few, and if yes, why can’t<br />

the acting MD Mr. Kioko speak out<br />

Seven, why is the industrialization<br />

PS Pr<strong>of</strong>. John Lonyangapuo playing<br />

politics with this critical matter at one time<br />

disowning the deal and then s<strong>of</strong>tening a few<br />

days later.<br />

Eight, what is the Attorney General’s<br />

position and who exactly is protecting the<br />

public interest in the matter as different<br />

forces jostle for a piece <strong>of</strong> this lucrative and<br />

long-term tender<br />

impasse, ten salient<br />

questions now beg for<br />

answers;<br />

First, Kebs is in charge <strong>of</strong> setting<br />

standards <strong>of</strong> quality <strong>of</strong> oil in this case. Does<br />

it have any business signing contracts<br />

binding the government on this matter<br />

Second, does Kebs hold the power to<br />

hire a contractor on behalf <strong>of</strong> the tight-lipped<br />

Energy Regulatory Commission or the<br />

ministry <strong>of</strong> energy<br />

Third, are oil companies in order to<br />

withhold the oil from the public and cause<br />

artifi cial shortage, and if not, what action<br />

would be taken against those fi rms found<br />

culpable<br />

Fourth, just what informed the oil<br />

marketers to peg their price at the additional<br />

Nine,<br />

when will<br />

competitiveness<br />

in the energy sector<br />

become a reality<br />

Ten, are President<br />

Kibaki and PM Raila<br />

odinga still being<br />

consulted by their ministers<br />

and PS’s on such major decisions that have<br />

huge implications on every citizen including<br />

the majority poor who will now be forced to<br />

pay an estimated Sh75 per litre <strong>of</strong> kerosene<br />

they so desperately need for cooking and<br />

lighting


PERSPECTIVE<br />

Swiss envoy Georges Martin:<br />

Diplomats should not seek publicity!<br />

He is jovial and readily<br />

speaks his mind on<br />

issues close to his heart.<br />

He has traversed the<br />

world representing the<br />

interest <strong>of</strong> his country as<br />

a career diplomat for over two decades.<br />

Meet H.E. Mr. Georges Martin, the<br />

Switzerland Ambassador to <strong>Kenya</strong> who will<br />

be concluding his tour <strong>of</strong> duty in the country<br />

mid this year after four years.<br />

He is headed back to his country to take<br />

up a position within the Ministry <strong>of</strong> Foreign<br />

Affairs.<br />

Georges started <strong>of</strong>f as a young diplomat<br />

in 1986 in South Africa as the deputy<br />

head <strong>of</strong> mission and has since served in<br />

diplomatic positions in numerous countries<br />

across the globe.<br />

Before coming to <strong>Kenya</strong>, he held the<br />

same position in Indonesia where he<br />

witnessed fi rst hand the devastating effect<br />

<strong>of</strong> Tsunami that killed tens <strong>of</strong> thousands <strong>of</strong><br />

the country’s population in 2004.<br />

Coming to <strong>Kenya</strong> was his fi rst choice as<br />

he was keen to sample the rich culture and<br />

traditions that he had only heard about.<br />

<strong>The</strong> 58 year old diplomat holds a<br />

masters degree in<br />

political science from the University <strong>of</strong><br />

Lausanne in Switzerland..<br />

As a child, his aspiration was to play a<br />

role in international relations and contribute<br />

towards promotion <strong>of</strong> peaceful coexistence<br />

in the world. He also had a strong desire to<br />

bring up a proud family. Today, the diplomat<br />

is living his dream as he not only has a<br />

colorful career in the fi eld <strong>of</strong> international<br />

relations but also has a close-knit family<br />

that is his pride. He is married to Ursula and<br />

together they have a son (Olivier) and a<br />

daughter (Valérie).<br />

For the period he has been in <strong>Kenya</strong>, he<br />

considers the cordial diplomatic relations<br />

between the two<br />

countries as one <strong>of</strong> his greatest<br />

achievements. As a matter <strong>of</strong> policy,<br />

Switzerland only provides public fi nancial<br />

aid to very poor countries and <strong>Kenya</strong><br />

does not fall in that category and hence<br />

is not anymore a development partner for<br />

Switzerland. However, Switzerland still<br />

supports many institutions in <strong>Kenya</strong> like<br />

ICIPE (African Insect Science for Food and<br />

Health), CETRAD (Centre for Training and<br />

Integrated Research in ASAL Development)<br />

and also played a role in establishment <strong>of</strong><br />

Utalii College.<br />

In an effort to contribute towards<br />

reducing negative ethnicity in the country,<br />

he once invited the renowned Swiss<br />

cartoonist in his country, the famous Patrick<br />

Chappatte working for among others the<br />

International Herald Tribune, to work with<br />

local cartoonists to communicate peace<br />

messages. He has also been keen in<br />

promoting adherence to human rights<br />

when dealing with prisoners. He facilitated<br />

the publication <strong>of</strong> prisoners’ human rights<br />

manual which is used to train the prison<br />

wardens on how to deal with the prisoners<br />

in a more humane manner.<br />

He is also proud <strong>of</strong> the role the embassy<br />

played in partnership with Kara in facilitating<br />

the hosting <strong>of</strong> a Bi-monthly Talk Series<br />

forum at which one <strong>of</strong> the leading scholars<br />

from Switzerland Pr<strong>of</strong>. Jurg Steiner was the<br />

chief guest.<br />

He has, however, faced some<br />

challenges in the course <strong>of</strong> his duty, the<br />

main one being how to deal with<br />

the 2008 post election<br />

violence. “<strong>The</strong><br />

events that<br />

took place after<br />

the 2007 elections<br />

were totally surprising<br />

as <strong>Kenya</strong> had always<br />

been an island <strong>of</strong> peace<br />

on the continent.<br />

We had to do our<br />

best to contribute<br />

towards restoration<br />

<strong>of</strong> normalcy”, he<br />

said. Since then the<br />

Swiss embassy has<br />

signifi cantly increased<br />

its aid to Human Rights<br />

organizations as well as<br />

other organizations dealing<br />

6.


PERSPECTIVE<br />

“<strong>The</strong> events<br />

that took place<br />

after the 2007<br />

elections were<br />

totally surprising<br />

as <strong>Kenya</strong> had<br />

always been an<br />

island <strong>of</strong> peace<br />

on the continent.<br />

We had to do<br />

our best to<br />

contribute<br />

towards<br />

restoration <strong>of</strong><br />

normalcy”<br />

with the consequences <strong>of</strong> the post election<br />

violence e.g. those protecting the witnesses<br />

<strong>of</strong> ethnic violence, currently living in North<br />

Rift and Western <strong>Kenya</strong>,<br />

He is, however, not bothered by the<br />

media not highlighting the contributions<br />

made by some countries in restoration <strong>of</strong><br />

peace after the violence erupted. “Diplomats<br />

should never seek publicity in the course<br />

<strong>of</strong> their duties as the nature <strong>of</strong> their work<br />

demands that they make things happen<br />

and fi nd solutions behind the scenes,” he<br />

explains.<br />

What would he do if he became the<br />

President <strong>of</strong> <strong>Kenya</strong> for one hour “I would<br />

initiate processes and make decisions<br />

that will ensure that the country becomes<br />

corruption-free” He believes that corruption<br />

is the main contributor towards <strong>Kenya</strong> not<br />

achieving its full potential.<br />

<strong>The</strong> ambassador is pleased at the<br />

ongoing reforms but warns that there is no<br />

need to celebrate until the processes are<br />

complete and functional structures put in<br />

place. “<strong>The</strong>re is need to increase the pace<br />

<strong>of</strong> the reforms. If they are not completed<br />

before the next elections then they may<br />

never be realized,” warned Mr. Martin.<br />

On the social scene, the fi rst born in<br />

a family <strong>of</strong> four (three boys and one girl)<br />

leads a modest life and prefers a quiet<br />

family life. He enjoys cooking and reading<br />

books on personalities who have made a<br />

mark in changing the world for the better.<br />

He is currently reading the United States’<br />

President Barack Obama’s book “Dreams<br />

from my father”.<br />

He enjoys having wine (either red or<br />

white) in the company <strong>of</strong> his friends. His<br />

mentor “Ever since I was a child, I have<br />

always admired the great personality <strong>of</strong><br />

former US President J.F. Kennedy whom<br />

<strong>of</strong> course I never got to meet but I literally<br />

shed tears when he was assassinated”<br />

He also admires the selfl essness and<br />

contributions made to mankind by former<br />

South African President Nelson Mandela<br />

and Bishop Desmond Tutu. He can never<br />

forget his personal meeting in South Africa<br />

with Nelson Mandela just after his release<br />

from prison.<br />

7.


Appeal for support on revocation<br />

<strong>of</strong> Mau and other excisions <strong>of</strong><br />

forestland:<br />

<strong>The</strong> <strong>Kenya</strong> <strong>Alliance</strong> <strong>of</strong> <strong>Resident</strong> Associations (<strong>KARA</strong>), East African Wildlife Society (EAWLS),<br />

Environment Liaison Centre International (ELCI) among other partners are appealing for your<br />

support towards fi nalizing a court case involving the 2001 excisions <strong>of</strong> a total <strong>of</strong> 67,185.17 ha from<br />

12 forests across the country. <strong>The</strong> case was instituted on 19th April 2002. 8 years have passed since the<br />

applicants targeted at stopping the Government <strong>of</strong> <strong>Kenya</strong> from proceeding with excision.<br />

Following the suit, the Honorable justice Richard Kuloba sitting in the High Court in Nairobi ordered<br />

the Government to withhold any further action that would give effect to the excisions such as the issuance<br />

<strong>of</strong> title deeds and alteration <strong>of</strong> boundaries. <strong>The</strong> suit and the orders there<strong>of</strong> were directed at the Minister for<br />

Environment; the Commissioner <strong>of</strong> Lands; the Chief Land Registrar; the Principal Registrar <strong>of</strong> Titles, the<br />

Director <strong>of</strong> Physical Planning and the Director <strong>of</strong> Surveys.<br />

Previous efforts to settle the matter out <strong>of</strong> court and to see which forests could be saved (those that<br />

were important water catchments and <strong>of</strong> high biodiversity value such as Mau), have never materialized.<br />

In the meantime, the court case has been dragging on for many years and for various reasons. <strong>The</strong> main<br />

one being that the respondents have never submitted their replying affi davits.<br />

With no sign that the government will make any such move, the case has come before the courts<br />

several times but it has not been heard nor determined. However, the case has now been resurrected and<br />

came for hearing on 22nd February 2010 and there is a possibility <strong>of</strong> having it concluded this year. <strong>The</strong><br />

case has been assigned to Honourable Lady Justice Jeanne Gacheche, Lady Justice Roselyn Wendoh<br />

and Justice Aggrey Muchelule.<br />

As a result <strong>of</strong> the hearing, there is an order that requires the Attorney General (AG) to fi le a replying<br />

affi davit and to show the names <strong>of</strong> persons allocated land in the affected Central Forests. <strong>The</strong> AG has not<br />

complied since 2003. He has now been directed by the court to comply. <strong>The</strong> judges have required us (the<br />

applicants) to serve fresh hearing notice to the relevant County Councils and to advertise the case in the<br />

public media. <strong>The</strong> next hearing is now set for 21st and 28th June 2010.<br />

We still believe that the excised forests are worth saving and are still very anxious to secure a<br />

positive outcome through the courts. We continue to believe that the excisions are detrimental to the<br />

environment in many respects, particularly with regard to the nation’s water supply, electricity supply, the<br />

effects on agriculture downstream, timber production, biodiversity, tourism and also climate change. <strong>The</strong><br />

excisions contravened the Environmental Management and Coordination Act <strong>of</strong> 1999 and other various<br />

laws and policies <strong>of</strong> the country. Further, it is against the many conventions and treaties to which <strong>Kenya</strong> is<br />

a signatory.<br />

Our need now is to secure funds to bring the court case to a conclusion if at all possible. We need<br />

Ksh 500,000 as lawyer’s payment and we possibly need Ksh 300,000 to cover the public advertisement<br />

and related costs. Our target therefore is Ksh 800,000.<br />

We appeal for your support to enable as conclude this case and hopefully save the excised forest.<br />

We will use the various public forums to acknowledge your support. But if for any reason you wouldn’t<br />

want to be mentioned, we guarantee confi dentiality. We do hope that you can make a donation, but for<br />

any additional information, please get in touch with the undersigned. We appreciate those <strong>of</strong> you who<br />

have already extended their support in cash and/or in kind.<br />

With best wishes and regards,<br />

Stephen Mutoro<br />

Chief Executive Officer<br />

<strong>The</strong> <strong>Kenya</strong> <strong>Alliance</strong> <strong>of</strong> <strong>Resident</strong> Associations (<strong>KARA</strong>)<br />

Kabarnet Lane, <strong>of</strong>f Kabarnet Road, Off Ngong Road<br />

P.O Box 1411-00100 GPO, NAIROBI, <strong>Kenya</strong><br />

Tel. 254-20-3874331, 3873828, 2341515<br />

Fax: 254-20-3862872<br />

Cellphones: 0725983445; 0772700007; 0733779585<br />

Email: info@kara.or.ke or kara@eafra.net


SECURITY<br />

Kidnappings: Why police can<br />

do so little where you can do<br />

everything<br />

K<strong>Kenya</strong>’s crime<br />

scene has been<br />

hit by a new,<br />

dangerous<br />

and rapidly spreading<br />

phenomenon.<br />

Many victims are now<br />

being kidnapped and their<br />

family and friends extorted<br />

more <strong>of</strong>ten than ever before.<br />

And the most hit areas are<br />

towns and cities with Nairobi<br />

leading the queue <strong>of</strong> the most<br />

affected areas.<br />

By all perspectives,<br />

kidnapping is a perfected<br />

mungiki style crime that<br />

extorts on the basis <strong>of</strong> fear<br />

and the resultant victims kin’s excessive<br />

panic.<br />

That teens have now been attracted to<br />

perpetration <strong>of</strong> this less dangerous yet most<br />

lucrative crime complicates matters for urban<br />

dwellers.<br />

With less and less criminals finding armed<br />

bank robberies attractive thanks to police<br />

and bankers strategic counters, kidnapping<br />

remains one <strong>of</strong> the best option.<br />

<strong>The</strong> fear among residents <strong>of</strong> a kidnapper<br />

pouncing on a family member is justifiably<br />

high. Desperate families <strong>of</strong> kidnapped<br />

victims, in the hope to save lives <strong>of</strong> their<br />

loved ones, are daily forking out millions <strong>of</strong><br />

shillings. What is more worrying, in silence.<br />

Such families dig deep into their pockets<br />

to immediately pay huge ransom demands so<br />

as to avoid possible death, torture or abuse<br />

<strong>of</strong> their loved ones.<br />

Elaborate and mutative networks<br />

through which ransom payments get to the<br />

real masterminds make police but pawns<br />

in the game <strong>of</strong> high stakes because dire<br />

consequences are <strong>of</strong>ten promised and<br />

actually meted out on a few who report to<br />

them.<br />

<strong>The</strong> trauma associated with kidnappings<br />

and the fact that victims hardly talk about the<br />

incidents present yet another hurdle in the<br />

search for answers to the growing cases <strong>of</strong><br />

kidnaps in <strong>Kenya</strong>.<br />

With serious and real threats to families<br />

<strong>of</strong> victims who negotiate ransom payouts not<br />

to report to police or attempt to counter the<br />

assailants for fear <strong>of</strong> heavier reprisals has<br />

scaled the impunity <strong>of</strong> kidnappers.<br />

Kidnappers are no longer targeting the<br />

affluent society alone. From the poor to the<br />

non-poor, anyone is their potential client.<br />

Today, family members, business<br />

partners, “friends” and even competitors are<br />

using kidnapping as a means to answer back<br />

to, mostly, their jealousy and greed.<br />

A case was once reported to Kara <strong>of</strong> a<br />

cut-throat tender award won by a rival. As a<br />

means to financially disable the winner so<br />

as to allow for re-tender, the loser organized<br />

for separate kidnaps <strong>of</strong> two family members.<br />

Huge ransom sums were paid. <strong>The</strong>ir<br />

objective was met.<br />

Another case <strong>of</strong> a spouse who after<br />

compelling her husband to take an unsecured<br />

loan <strong>of</strong> Ksh. 1.5M from his company to<br />

enable her sister travel overseas for study<br />

organized for a carjacking on her husband,<br />

within the same week, losing the doublecabin<br />

company car. He was fi red.<br />

Depending on applicable trust levels,<br />

therefore, no one is safe from family<br />

members, house-helps, security guards etc<br />

who can easily collude with outsiders to<br />

orchestrate acts <strong>of</strong> kidnaps.<br />

As if to heighten their stock in trade,<br />

9.<br />

imparting extreme fear to targeted<br />

kin <strong>of</strong> their victims, kidnappers <strong>of</strong>ten<br />

threaten to send them crudely cutout<br />

body parts as a warning that<br />

they would be ‘soon’ killing them.<br />

On average, a pr<strong>of</strong>essional<br />

kidnapper takes time. He has to be<br />

sure where and with whom your<br />

children or spouse frequents. <strong>The</strong>y<br />

would study your routine - what time<br />

you leave and report back. Your<br />

usual route could be <strong>of</strong> interest,<br />

too. <strong>The</strong>y also want to know who<br />

remains in your house.<br />

Kidnappers operate as<br />

though they are mobile libraries<br />

<strong>of</strong> confidential information on the<br />

people they target. <strong>The</strong>y must<br />

be having your cellphone number already.<br />

Alternatively, they are sure to get it from their<br />

victim’s cellphones either saved as “mum” or<br />

‘dad”!<br />

While good Samaritans, in the case <strong>of</strong> an<br />

accident, would save you by calling your “mum”,<br />

“dad” or “sweetie” from your phonebook, the<br />

kidnappers could do the reverse.<br />

Sometimes the taxi-drivers working in<br />

cahoots with kidnappers could just drive you<br />

into hell. As you are driven, someone armed<br />

or purporting to be armed will emerge and<br />

man-handle you together with the taxi-driver.<br />

Unknown to you, the rogue taxi-driver is part <strong>of</strong><br />

the syndicate.<br />

In terms <strong>of</strong> solutions, people must create time<br />

to get interested in reading security guidelines.<br />

<strong>The</strong>y need to contribute to social mobilization<br />

especially through the media, internet and email<br />

campaigns.<br />

<strong>The</strong>y must equally ensure that they trust their<br />

spouses and especially so for their domestic<br />

workers. Being friendly with your house-help or<br />

security guard as you drive in and out <strong>of</strong> your<br />

home won’t cost you much – yet it cultivates a<br />

sense <strong>of</strong> job security with your workers.<br />

Kara will soon embark on preparing public<br />

service delivery guidelines on security and<br />

many other services. Please share your<br />

experiences on this form <strong>of</strong> crime and any other.<br />

We will observe confidentiality, as always. Use<br />

research@kara.or.ke


ENERGY<br />

<strong>The</strong> tragedy and irony <strong>of</strong><br />

KPLC pr<strong>of</strong>its as KenGen<br />

pr<strong>of</strong>its dip<br />

“Geothermal energy is the<br />

next big thing in <strong>Kenya</strong> and<br />

globally. It is green, abundant,<br />

reliable and most cost<br />

effective source <strong>of</strong> electricity<br />

for <strong>Kenya</strong>. <strong>Kenya</strong>’s electricity<br />

demand is projected to grow<br />

from the current 1365 MW to<br />

over 10,000 MW in the next<br />

20 years; 4000MW <strong>of</strong> this<br />

energy is expected to come<br />

from the geothermal sector”,<br />

<strong>The</strong> <strong>Kenya</strong> Power and Lighting Company<br />

(KPLC) recently announced an impressive<br />

pre-tax pr<strong>of</strong>i t for six months ended December<br />

2009.<br />

This refl ected an upward move <strong>of</strong> 31% from<br />

Sh2.1B to Sh2.8B. <strong>The</strong> company attributed its<br />

success to increased revenue and reduced costs.<br />

As Kara congratulates KPLC CEO Eng. Joseph<br />

Njoroge and his board <strong>of</strong> directors for a work well<br />

done, pessimists would fi nd the increased revenue<br />

as possibly ‘exploitative’ end-user pricing. <strong>The</strong> attempt to cut costs is a welcome<br />

development.<br />

But there are valid concerns even as KPLC is upbeat. <strong>The</strong> said revenue arose from<br />

increased price <strong>of</strong> electricity.<br />

At Sh6.2B, the operating costs are still<br />

way too high. One would expect that such<br />

costs are itemized and a deliberate move to<br />

cut them down made.<br />

<strong>The</strong> bad news for the consumer is that<br />

it was not the <strong>Kenya</strong> Electricity Generating<br />

Company (KenGen) which was making<br />

huge pr<strong>of</strong>i ts. KPLC is only but a reseller <strong>of</strong><br />

KenGen products. Unfortunately, by KenGen<br />

having 26 per cent drop from Sh1.5B to<br />

Sh1.1B in pr<strong>of</strong>i t, it means that KPLC’s pr<strong>of</strong>i ts<br />

honeymoon will not last for long.<br />

Reality is that KPLC can only boast <strong>of</strong><br />

handsome pr<strong>of</strong>i ts if KenGen makes slightly<br />

more. But with KenGen’s over-reliance on<br />

hydro-electricity, and with the unpredictable<br />

rains, the reality <strong>of</strong> higher electricity prices<br />

levied by KPLC will come sooner than<br />

expected, enough rains or none.<br />

<strong>The</strong> tragedy is that, just like any other<br />

companies, the KPLC pr<strong>of</strong>i ts, once declared,<br />

are <strong>of</strong>ten paid out to the shareholders as<br />

dividends. This time the directors were quick<br />

to recommend the Sh3 per share dividend.<br />

Recouping <strong>of</strong> investments is, therefore,<br />

minimal to facilitate a cushion from potential<br />

high prices KenGen may spring up for the<br />

latter to stay afl oat. KPLC charges a Sh7.22<br />

a kilowatt-hour as fuel cost charge. This item<br />

carries the highest amount on any power bill.<br />

Sector experts say that geothermal<br />

mode <strong>of</strong> electricity is the most reliable form<br />

<strong>of</strong> energy in terms <strong>of</strong> cost.<br />

“Geothermal energy is the next big<br />

thing in <strong>Kenya</strong> and globally. It is green,<br />

abundant, reliable and most cost effective<br />

source <strong>of</strong> electricity for <strong>Kenya</strong>. <strong>Kenya</strong>’s<br />

electricity demand is projected to grow from<br />

the current 1365 MW to over 10,000 MW in<br />

the next 20 years; 4000MW <strong>of</strong> this energy<br />

is expected to come from the geothermal<br />

sector”, said an expert who did not want to<br />

be named.<br />

<strong>The</strong> bottom line is that KPLC pr<strong>of</strong>i ts<br />

mean little to the consumer if the KenGen<br />

pr<strong>of</strong>i t dipping is not halted and reversed.<br />

All eyes remain on the Energy<br />

Regulatory Commission to manage the<br />

delicate balance <strong>of</strong> ensuring availability <strong>of</strong><br />

sustainable electricity at affordable pricing.<br />

10.


CONSTITUTION<br />

It is a<br />

New Dawn<br />

For <strong>Kenya</strong><br />

<strong>The</strong> process <strong>of</strong> rewriting the<br />

country’s laws has hit the home<br />

stretch, and almost every <strong>Kenya</strong>n<br />

is happily anxious.<br />

After twenty years <strong>of</strong> jostling, lobbying,<br />

fi ghting and even dying for a new<br />

constitution for <strong>Kenya</strong>, the country might<br />

have the new law book in slightly over a<br />

month.<br />

Last month parliament, though by<br />

default rather than design, agreed to pass<br />

a draft <strong>of</strong> the constitution prepared by the<br />

committee <strong>of</strong> experts set up by the same<br />

house, unedited.<br />

Though as many as 150 amendments<br />

had been prepared by various members <strong>of</strong><br />

the August house hoping to introduce them<br />

to the documents that many a <strong>Kenya</strong>n on<br />

the street thought was good enough, the<br />

disunity and selfi shness among the MPs, for<br />

once, ensured that none passed.<br />

As a result, the otherwise unfortunate<br />

character traits <strong>of</strong> the country’s political<br />

class had a positive bearing on <strong>Kenya</strong>’s<br />

history. We, as a nation, are closer to a new<br />

constitutional dispensation thanks mostly to<br />

the politicians’ vices.<br />

In a few months, the country will be<br />

voting in a referendum to either adopt<br />

or reject the new document. A rejection,<br />

though very unlikely, will mean the nation<br />

goes back to the drawing board in its hope<br />

to ever change the laws that were written for<br />

it in Lancaster, England.<br />

<strong>The</strong> realization <strong>of</strong> the gravity and<br />

danger <strong>of</strong> rejection <strong>of</strong> the draft constitution<br />

is what motivated the holders <strong>of</strong> the two top<br />

<strong>of</strong>fi ces in the country to join members <strong>of</strong><br />

parliament late last month and ensure that<br />

the document is passed, whichever way.<br />

President Mwai Kibaki and Prime Minister<br />

Raila Odinga took time <strong>of</strong>f their schedule to<br />

attend parliament to show support for the<br />

document. It was passed un-amended.<br />

But shortly after and as Attorney<br />

General Amos Wako is working on the<br />

editorial part <strong>of</strong> the constitution, some<br />

dissenting voices have sprung up.<br />

Some Christian leaders have insisted that<br />

they would oppose the draft constitution<br />

because <strong>of</strong> clauses on the kadhis’ courts<br />

and abortion.<br />

Speaking even as the two principal<br />

political leaders beseeched them to<br />

back the draft, which now awaits fi nal<br />

endorsement at the referendum, the leaders<br />

vowed to campaign against the document.<br />

But the reactions from the Catholic and<br />

Anglican leaders suggested splits in the two<br />

main Christian faiths as junior clergy differed<br />

with their superiors.<br />

Some <strong>of</strong> those campaigning against the<br />

draft object to Article 26 which empowers<br />

doctors to end a pregnancy if it endangers<br />

the woman’s life or if she needs emergency<br />

treatment.<br />

Some <strong>of</strong> the Christian leaders are also<br />

opposed to the retention <strong>of</strong> kadhis’ courts<br />

in the proposed constitution under Article<br />

169 and 170, which limit their authority to<br />

disputes over personal status, marriage,<br />

divorce or inheritance, where all the parties<br />

11.<br />

are Muslims and agree to take the case to a<br />

Kadhi.<br />

At the Anglican Church (ACK) while<br />

Archbishop Eliud Wabukala has reportedly<br />

asked <strong>Kenya</strong>ns to support the draft as the<br />

document is better than the current one,<br />

his junior bishop Thomas Kogo <strong>of</strong> Eldoret<br />

differs, saying the draft went against the<br />

wishes <strong>of</strong> <strong>Kenya</strong>ns.<br />

But the Archbishop rightly argues<br />

that the kadhis’ courts should not make<br />

Christians vote against the draft because<br />

the courts were in the current Constitution.<br />

<strong>The</strong> topmost Anglican cleric in the country<br />

suggests that contentious clauses could be<br />

amended later.<br />

But speaking at a different forum,<br />

Bishop Kogo, who was accompanied by<br />

Provost John Rotech and the Rev Evelyn<br />

Jerotich, said the House <strong>of</strong> Bishops was yet<br />

to meet and agree on a common position.<br />

Bishop Kogo said <strong>of</strong> the Archbishop: “He<br />

gave his personal opinion about the draft,<br />

which should not be interpreted as the stand<br />

<strong>of</strong> all church.”<br />

Elsewhere Bishop Titus Khamala <strong>of</strong><br />

Cornerstone Ministries in <strong>Kenya</strong> has since<br />

praised Parliament for passing the draft<br />

constitution and urged other Christian<br />

religious leaders and the public to vote for<br />

the new set <strong>of</strong> laws<br />

As we await the referendum, we at<br />

Neighbourhood <strong>Kenya</strong>, hope that the voters<br />

will be driven by their love for the country<br />

as opposed to sectarian and mostly myopic<br />

interests as they cast their vote.


pr<strong>of</strong>ile<br />

Rosemary Mkok –<br />

aroun<br />

“I told myself that if this<br />

is what it was going to<br />

take to put three square<br />

meals for him on the<br />

table then I was going<br />

to start life afresh, read<br />

and deliver on my new<br />

responsibility. Setting<br />

up the Secretariat and<br />

a legal department was<br />

fun,”<br />

Dark, pretty, youthful and cheerful is the physical picture that you get when you first<br />

meet her. Serious, dedicated and focused is the one you fi nally make after a few<br />

minutes <strong>of</strong> chatting.<br />

This is none other than the lady who slightly more than a year ago took over the<br />

wheel at the helm <strong>of</strong> the sugar sector in the country and to some extent the region. And she is<br />

keen to drive it further and faster. But as she admits she will need the support <strong>of</strong> everyone on<br />

the road, fellow drivers, passengers, conductors and even bystanders, for she contends there<br />

are historical barriers, bumps and potholes on the road to an effective, competitive and fulfi lling<br />

sugar industry for all in the country.<br />

Ms Rosemary Mkok is the Chief Executive Offi cer <strong>of</strong> the <strong>Kenya</strong> Sugar Board (KSB). She has<br />

held the position for the last two years. In 2007, Rosemary was appointed the Chief Executive<br />

Officer in an acting capacity but was confi rmed substantively one year later in December 2008.<br />

<strong>The</strong> mother <strong>of</strong> two is not new to the sugar sector though. She joined the Board 15 years ago<br />

as a legal <strong>of</strong>fi cer rising through the ranks to the position <strong>of</strong> Company Secretary from where she<br />

was elevated to Acting CEO in 2007.<br />

A trained lawyer and Certifi ed Public Secretary (K), Ms. Mkok sits easy in her managerial<br />

position, probably more at home than she would at the bar. Since graduating from the <strong>Kenya</strong><br />

School <strong>of</strong> Law in 1988, the focused lady has not practiced law as we know it, though she says<br />

she may establish a law firm upon retirement from what has become her passion – providing<br />

strategic leadership to the sugar industry.<br />

Born in Maseno in Western <strong>Kenya</strong> Rosemary is, as she describes herself, a <strong>Kenya</strong>n. And<br />

true she is. Her parents’ home is in Busia, she was born in Maseno and went through close to<br />

ten primary schools in different regions <strong>of</strong> the country among them Meru, Embu, Machakos,<br />

Kisumu, Maseno, Kitale and Turbo. This was necessitated by her father’s frequent change <strong>of</strong><br />

duty stations being a career civil servant.<br />

“This early childhood exposure has given me quite a good feel <strong>of</strong> <strong>Kenya</strong>’s rich diverse<br />

culture. For that, I can proudly state I am a true <strong>Kenya</strong>n,” she lightheartedly told Neighbourhood<br />

<strong>Kenya</strong> in an interview at her Sukari Plaza <strong>of</strong>fi ces recently.<br />

Rosemary speaks over ten languages and dialects fluently, including all the native<br />

languages <strong>of</strong> the regions she schooled at in <strong>Kenya</strong>.<br />

<strong>The</strong> first woman Chief Executive Offi cer <strong>of</strong> <strong>Kenya</strong> Sugar Board is the sixth born <strong>of</strong> eleven<br />

siblings in the family comprising 3 boys and 8 girls. She is also the only one who went a<br />

different route in career terms since majority <strong>of</strong> the others followed their parents in the field <strong>of</strong><br />

education.<br />

After completing her A levels at Moi Nairobi Girls, Rosemary joined the University <strong>of</strong> Nairobi<br />

to pursue a Bachelor <strong>of</strong> Laws degree.<br />

She then joined the <strong>Kenya</strong> School <strong>of</strong> Law where she obtained a post graduate diploma in<br />

Legal Studies and qualified for admission to the roll <strong>of</strong> Advocates <strong>of</strong> <strong>The</strong> High Court <strong>of</strong> <strong>Kenya</strong> in<br />

1988.<br />

But soon after becoming a lawyer, the young lady opted for the corporate world unlike most<br />

<strong>of</strong> her peers who went straight into private practice.<br />

At the Sugar Board, Rosemary says she has had a challenging career finding her way in an<br />

industry that has very strong diverse interests.<br />

By the time she joined the Board, her fi rstborn was only nine months and she had to wriggle<br />

through the challenges <strong>of</strong> a new mother and the demands <strong>of</strong> setting up and heading a newly<br />

formed Legal department.<br />

“I told myself that if this is what it was going to take to put three square meals for him on the<br />

table, then I was going to start life afresh, read and deliver on my new responsibility. Setting up<br />

the Secretariat and a legal department was fun,” remembers the executive whose confessed<br />

hobby is reading.<br />

<strong>The</strong> first assignment then was to spearhead the team to come up with a draft Sugar Bill and<br />

lobby stakeholders buy-in. This was a success though she notes “the law that was eventually<br />

passed did not quite achieve its fullest extent <strong>of</strong> an industry-driven regulatory framework with<br />

12.


PROFILE<br />

the lady turning<br />

d the sugar board<br />

greater stakeholder empowerment”.<br />

So much water has gone under the bridge<br />

and one and half a decade later, Rosemary<br />

looks back with some sense <strong>of</strong> achievement<br />

at what she has been involved in bringing the<br />

industry where it is today.<br />

Among the milestones the industry<br />

has achieved while she has been at the<br />

Board include, the commencement <strong>of</strong> the<br />

privatization program for the state owned sugar<br />

enterprises which in her view will not only<br />

involve debt management but also increase<br />

private sector participation in the industry.<br />

Rosemary is upbeat that this will definitely<br />

bring with it increased financial discipline;<br />

capital injection; new management styles and<br />

a stronger commercial orientation. She also<br />

recognizes that the granting <strong>of</strong> an additional<br />

4-year safeguard under the COMESA trade<br />

arrangement has given her Board a window<br />

within which to restructure the sugar industry<br />

and make it regionally and globally competitive.<br />

Another achievement she is quick to add is<br />

the abandonment in July 2009 <strong>of</strong> the previous<br />

cane payment system based on weight. <strong>The</strong><br />

industry has now adopted a simplified cane<br />

payment formula, which pegs the price <strong>of</strong> cane<br />

to that <strong>of</strong> sugar and incorporates a quality<br />

variable. As a result, farmers have been able<br />

to enjoy higher producer prices due to the<br />

prevailing ex-factory price <strong>of</strong> sugar.<br />

<strong>The</strong> Board in its quest to promote<br />

relevant research is currently financing the<br />

transformation <strong>of</strong> the industry’s research centre<br />

at Kibos, into an ultra modern facility and<br />

regional centre <strong>of</strong> excellence.<br />

“We have through market reforms<br />

streamlined our surveillance capability<br />

to ensure effective monitoring <strong>of</strong> sugar<br />

importation,” she adds. This unlike in the past,<br />

has seen a significant stabilization <strong>of</strong> our<br />

domestic market.<br />

<strong>The</strong> s<strong>of</strong>t spoken lady boss also says<br />

her Board has managed to increase the<br />

funds invested in cane development and<br />

consequently expanded the area under the<br />

crop from 131,507 ha in 2006 to 169,421 in<br />

2008 though she feels more has to be done<br />

if the country is to achieve full efficiency and<br />

meet the local demand fully. In the period<br />

2007 to December 2009 the Board disbursed<br />

a total <strong>of</strong> Kshs. 3,564,587,619.50 towards<br />

various projects in the industry including cane<br />

development, factory rehabilitation, research,<br />

roads & infrastructure, farmers payments<br />

among others.<br />

Rosemary and her team are aggressively<br />

pursuing strategic alliances with a number<br />

<strong>of</strong> agencies with a view to translating these<br />

interventions into tangible outcomes. Some <strong>of</strong><br />

these include pooling <strong>of</strong> resources and efforts<br />

towards sugar belt infrastructural development<br />

and maintenance, block farming ‘commercial<br />

villages’ concept and insurance for cane<br />

farmers.<br />

But her job has not been without<br />

challenges.<br />

“I have had to put in double the effort <strong>of</strong> my<br />

all-male predecessors, for my contributions to<br />

be recognized, there are challenges but I know<br />

I am equal to the task’ she says.<br />

One <strong>of</strong> the major challenges she points out<br />

is what she considers some personal attacks<br />

by vested interests to weaken her spirit. “I<br />

have on a number <strong>of</strong> occasions been accused<br />

falsely or portrayed in extremely negative<br />

light but have always been driven by my<br />

conscience”<br />

She mentions the heavy historical debt<br />

burden that has limited access to adequate<br />

and affordable credit to the industry resulting<br />

in underinvestment, use <strong>of</strong> obsolete and<br />

inefficient processing technology, over-reliance<br />

on a single source <strong>of</strong> revenue and not too<br />

satisfactory historical governance standards<br />

13.<br />

that are mirrored in the current ineffi ciencies and<br />

uncompetitive production cost levels, as some <strong>of</strong><br />

the major challenges.<br />

But all these may soon be behind us, she<br />

confi des. <strong>The</strong> Board under her guidance has put in<br />

place strategies to counter the hurdles, including<br />

the upscaling <strong>of</strong> governance standards, policies that<br />

deliberately promote effi ciency, competitiveness<br />

and diversifi cation <strong>of</strong> the product base. Infact in her<br />

own words the industry is now moving from a sugar<br />

industry to a cane industry that will see the farmer<br />

benefi t from all products derived from their cane.<br />

Back to Rosemary the person, the tea-totler is a<br />

dotting but busy mother. Apart from the <strong>of</strong>fi ce work<br />

that requires her to be at her desk by seven every<br />

morning, she is pursuing an MBA as well as an hour<br />

<strong>of</strong> every day work-out.<br />

Rosemary’s main prayer in the country’s<br />

betterment is effi cient governance and her role<br />

models are Dr Margaret Kobia <strong>of</strong> the <strong>Kenya</strong> Institute<br />

<strong>of</strong> Administration and Pr<strong>of</strong>essor Arthur Eshiwani <strong>of</strong><br />

KCA University. It is her dream that one day she will<br />

pride herself <strong>of</strong> transforming the face and image<br />

<strong>of</strong> the sugar industry into an effi cient, competitive,<br />

multi-product industry just like Dr. Kobia has done to<br />

KIA with the integrity standards that both Pr<strong>of</strong>fesor<br />

Eshiwani and Dr. Kobia uphold.<br />

Before joining the Sugar Board Ms Mkok worked<br />

as General Manager at Damca Express Services<br />

and the Lake Basin Development Authority where<br />

she was a Legal Offi cer and later elevated to<br />

Authority Secretary.


WATER<br />

Dying<br />

Lake Naivasha<br />

– Government departments<br />

sleeping on the job<br />

<strong>The</strong> recent unresolved tragedy <strong>of</strong><br />

fl oating dead fi sh dying in their<br />

numbers within Lake Naivasha<br />

was a confi rmation <strong>of</strong> what has<br />

been the concern <strong>of</strong> many environmentalists<br />

that the unregulated fl ower farms are<br />

contributing to environmental degradation <strong>of</strong><br />

the fresh water lake.<br />

Lake Naivasha Riparian Association and<br />

many other stakeholders’ efforts to conserve<br />

the water resource has been constantly<br />

frustrated by a government playing double<br />

standards. Thanks to the shenanigan<br />

schemes, the lake’s management plan has<br />

remained a nonstarter.<br />

Earlier protests against the activities<br />

<strong>of</strong> the farms particularly in regard to<br />

waste disposal have been denied by the<br />

farms who have labeled such protests as<br />

malicious.<br />

<strong>The</strong> government regulatory agencies<br />

have been reluctant to investigate the<br />

allegations and take any decisive action<br />

against the farms accused <strong>of</strong> releasing<br />

poisonous wastes into the lake. Government<br />

agencies with various mandates on the<br />

affl ictions <strong>of</strong> the lake never read from a<br />

single script.<br />

<strong>The</strong> move by the public health and<br />

sanitation minister Mrs. Beth Mugo to<br />

investigate the role <strong>of</strong> the farms in the<br />

pollution <strong>of</strong> the lake, though welcome,<br />

was to say the least too little too late. <strong>The</strong><br />

situation could have been prevented if only<br />

strict adherence to the law was observed.<br />

<strong>The</strong> fact that one <strong>of</strong> the fl ower farms<br />

defied a notice given more than two years<br />

ago to comply with proper waste disposal<br />

measures is an indication <strong>of</strong> collusion<br />

between the regulators and the farms.<br />

Never mind that their licenses have never<br />

been revoked.<br />

Several questions now beg answers.<br />

For instance, why were the farms granted<br />

licenses by National Environment<br />

Management Authority (Nema) in the<br />

absence <strong>of</strong> a proper waste disposal<br />

mechanism Has any regulatory agency<br />

been reviewing the fate <strong>of</strong> the lake Why<br />

did it have to wait until the fish started dying<br />

before any action could be taken<br />

<strong>The</strong> threat by Mrs. Mugo to take the<br />

fl ower farms to court or shut them down<br />

all together if the ongoing investigations<br />

implicate them on the death <strong>of</strong> the fish is not<br />

only hollow as it is not sustainable option<br />

towards the top-notch impunity levels being<br />

perpetrated around the lake side town <strong>of</strong><br />

Naivasha.<br />

Even if the fl ower farms were stopped to<br />

14.<br />

operate, the government has been muted<br />

on the reclamation strategy and budget.<br />

This is a sign <strong>of</strong> a talk the government will<br />

not walk. It would instead prefer to mobilize<br />

Sh16B from donors on Nairobi River, which<br />

effort seems to <strong>of</strong> late been immersed in<br />

cold water.<br />

This move to tame fl ower famers<br />

before asking the regulatory agencies to<br />

show cause why they are more culpable is<br />

defeatist. It may only serve to antagonize<br />

foreign investors not only in the fl ower<br />

industry but also in other sectors. <strong>The</strong> net<br />

effect will be foreign direct investment fl ight,<br />

which will realize a negative effect on our<br />

economy.<br />

<strong>The</strong> question many have not been<br />

answering is whether Naivasha township<br />

can be the same economically without the<br />

fl ower farms.<br />

<strong>The</strong> minister, who has been in the<br />

country all long, need not to be reminded<br />

that you do not punish investors for the sins<br />

<strong>of</strong> regulators who are either by deliberate<br />

acts <strong>of</strong> commission or omission have<br />

allowed the impunity <strong>of</strong> fl ower farmers in<br />

Naivasha to proliferate<br />

To address this problem, the<br />

government, which currently seems not to<br />

hold one position on the issue must now


PROFILE WATER<br />

desist from fi re-fi ghting. It must respond to<br />

issues timely and not only when they are<br />

out <strong>of</strong> hand.<br />

Adequate regulations that govern<br />

protection <strong>of</strong> our environment and natural<br />

resources exist. <strong>The</strong> regulatory agencies<br />

charged with the role <strong>of</strong> protecting the<br />

environment and natural resources must<br />

demonstrate value for their existence and<br />

be seen to be implementing the law without<br />

any discrimination, favour or fear.<br />

<strong>The</strong> government must now focus on<br />

streamlining the issuance <strong>of</strong> environmental<br />

impact assessment licenses to ensure<br />

that no license is issued to undeserving<br />

applicants. <strong>The</strong> corrupt practices<br />

surrounding the issuance <strong>of</strong> the EIA<br />

licenses has ensured that activities that<br />

have adverse effects on the environment<br />

are allowed to continue with the full<br />

knowledge <strong>of</strong> the regulatory agency.<br />

Other agencies such as the Water<br />

Resources Management Authority (Warma)<br />

and <strong>Kenya</strong> Wildlife Service (KWS) must<br />

also effectively play their roles <strong>of</strong> protecting<br />

and conserving our water resources. Lake<br />

Naivasha is a Ramsar site and one would<br />

have expected KWS to end its silence on<br />

the matter.<br />

More specifi cally, the ministry <strong>of</strong><br />

environment and mineral resources minister<br />

Mr. John Michuki cannot possibly leave<br />

the matter to his colleague Mrs. Mugo.<br />

It is primarily an environmental issue<br />

and a ministry <strong>of</strong> water issue. It is not an<br />

international NGO’s, fl ower farmers or<br />

political issue.<br />

Measures need to be put in place<br />

to curb collusion between the staff <strong>of</strong><br />

regulatory agencies and the perpetrators <strong>of</strong><br />

environmental degradation. Until the rule <strong>of</strong><br />

law is adhered to, threats to shut down the<br />

farms will only be counterproductive. It will<br />

not address the root cause <strong>of</strong> the problem.<br />

<strong>Kenya</strong>ns must rise up. <strong>The</strong>y must not let<br />

the precious Lake Naivasha die. <strong>The</strong> media,<br />

especially NTV, must be commended for<br />

highlighting the lake’s woes.<br />

But someone must now ask – where<br />

are the big seven - Mr. John Michuki, Mrs.<br />

Charity Ngilu, Mr. Lawrence Lenayapa,<br />

Dr. Julius Kipng’etich, Dr. Muusya Mwinzi,<br />

Eng. Philip Olum and Dr Paul Otwoma<br />

<strong>of</strong> Fisheries as Lake Naivasha fi nally<br />

collapses.<br />

<strong>Kenya</strong>ns will hold these people squarely<br />

responsible should the lake’s water give<br />

way to clouds <strong>of</strong> dust.<br />

For the better part <strong>of</strong> the year, <strong>Kenya</strong>’s<br />

main water towers Mt. <strong>Kenya</strong>, Aberdares,<br />

Mt Elgon, Mau Complex and Cherang’ani<br />

Hills have been under siege from manmade<br />

and natural drought. Incidentally the<br />

towers are the main water sources for the<br />

country and the region.<br />

<strong>The</strong>re are, 4 water drainage basins<br />

with renewable fresh water endowment<br />

<strong>of</strong> 19 billion m3 under favourable climatic<br />

conditions include Lake Victoria Basin<br />

which covers Western, Nyanza, North<br />

and South Rift has 12B m3 per year (54%<br />

<strong>of</strong> the country’s renewable annual water<br />

resources) and meets demand for 16 million<br />

people.<br />

<strong>The</strong> Tana Basin covers Central <strong>Kenya</strong>,<br />

Meru, Embu, Mwingi, Kitui, Garissa.<br />

<strong>The</strong> basin has 3.7B m3 per year (19%<br />

<strong>of</strong> the country’s renewable annual water<br />

resources). <strong>The</strong> basin is the main source <strong>of</strong><br />

water for the city <strong>of</strong> Nairobi from Ndakaini<br />

Dam (80%) and Sasumua dam (16%). It<br />

serves 10 million people (including Nairobi)<br />

and is water suffi cient.<br />

Rift Valley Basin covers the greater<br />

Baringo, Nakuru, Keiyo,Turkana,West<br />

Pokot, Narok and Nyandarua has 2.7B m3<br />

per year (14 % <strong>of</strong> the country’s renewable<br />

annual water resources). It serves 3 million<br />

people. <strong>The</strong> region is classifi ed as water<br />

defi cit.<br />

On the other hand, Ewaso Ng’iro North<br />

Basin covers Laikipia, Samburu, Isiolo,<br />

Moyale, Marsabit and North Eastern has<br />

0.34 B m3 per year (2% <strong>of</strong> the country’s<br />

renewable annual water resources). It<br />

serves 2.7 million people and is classifi ed<br />

as water defi cient<br />

According to director <strong>of</strong> water resources<br />

Eng. John Nyaoro, the country’s water<br />

resources have continued to degrade due to<br />

catchments degradation, over-abstraction,<br />

pollution and poor land use practices.<br />

He adds that “the demand for water for<br />

various uses has continued to increase<br />

and in most cases outstrips supply thereby<br />

resulting in confl icts and unreliable<br />

resources availability. <strong>The</strong>re is need for<br />

prudent management <strong>of</strong> water resources<br />

to ensure fair allocation, conservation and<br />

population control.<br />

OUR PEOPLE<br />

Mr. Alfred Otieno Osur (OGW, DSM, MBS)<br />

Neighborhood <strong>Kenya</strong> <strong>of</strong>fers you an<br />

opportunity <strong>of</strong> knowing staff and governing<br />

council members. In this edition, we feature<br />

one <strong>of</strong> our council members Mr. Alfred<br />

Otieno Osur (pictured).<br />

Alfred is the President <strong>of</strong> International<br />

Police Association- <strong>Kenya</strong> section and a<br />

Director /CEO <strong>of</strong> C & A Security Services.<br />

He is a trained police <strong>of</strong>fi cer and has<br />

undertaken several trainings on policing and<br />

security in Uganda, Canada, South Africa,<br />

Sudan, Egypt, China, Turkey and Russia.<br />

He successfully completed a training in<br />

command and leadership at the Bramshill<br />

Police College in the United Kingdom<br />

Besides the police training, he has<br />

also undertaken trainings in Public<br />

Administration, Information Technology<br />

and Financial Management at <strong>Kenya</strong><br />

Institute <strong>of</strong> Administration (K.I.A). He served<br />

in <strong>Kenya</strong>’s Police Force for over three<br />

decades rising steadily to the position <strong>of</strong><br />

Deputy Commissioner <strong>of</strong> Police in charge <strong>of</strong><br />

operations as at the time <strong>of</strong> his retirement.<br />

He played a crucial role in pioneering<br />

community policing in Nairobi and has been<br />

actively involved in promoting partnership<br />

between various communities and the<br />

police. Due to his vast experience in<br />

security issues, he has served as a member<br />

<strong>of</strong> Community Policing Advisory Council.<br />

He is currently the chairman <strong>of</strong> Kara<br />

committee on security safety and disaster<br />

management.<br />

15.


ENVIRONMENT<br />

Oasis Lodge Owner to<br />

environment PS Lenayapa:<br />

be a role model!<br />

A<br />

lodge owner has locked horns with<br />

environment permanent secretary<br />

Mr. Lawrence Lenayapa over a<br />

5- acre plot in the remote tourist<br />

attraction <strong>of</strong> Loyangalani area.<br />

Mr. Wolfgang Deschler who owns the<br />

Oasis Lodge in Turkana district wrote and<br />

spoke to Neighbourhood <strong>Kenya</strong> on phone<br />

and raised many questions, most critical <strong>of</strong><br />

which is whether the PS is above the law.<br />

Apparently Mr Lenayapa owns the plot that<br />

stands between the lodge and the attractive<br />

scenery <strong>of</strong> Lake Turkana.<br />

Among other concerns, Mr. Deschler fears<br />

that if Mr. Lenayapa goes ahead with the<br />

development he has initiated on the plot,<br />

the structure would block the former’s lodge<br />

from the ample view <strong>of</strong> Lake Turkana<br />

He also suspects that the building by<br />

Mr Lenayapa, whose ministry oversees<br />

the operation <strong>of</strong> the National Environment<br />

Management Authority (Nema) could be<br />

coming up without an EIA report and license<br />

normally issued by the Authority.<br />

Mr. Lenayapa heads the ministry <strong>of</strong><br />

environment under which Nema, which has<br />

been lately in the news over governance<br />

and procurement malpractices operates.<br />

Kara is on record demanding for<br />

immediate action against senior<br />

management at Nema. Only former<br />

chairperson Dr. Dorcas Otieno’s contract<br />

was terminated. For other <strong>of</strong>ficers<br />

mentioned, it is business as usual.<br />

<strong>The</strong> following is the letter written by the<br />

lodger.<br />

“I read with great interest <strong>The</strong> Kara<br />

Weekly Newsletter’s expose on Nema<br />

and particularly the need for environment<br />

PS Mr. Lawrence Lenayapa to take<br />

responsibility for the same. Mr. Lenayapa<br />

hails from Loyangalani and whilst a District<br />

Commissioner under the Moi regime,<br />

he managed to get himself a 5 acre plot<br />

allocated by Marsabit County Council.<br />

As it happens, this plot is located in front<br />

<strong>of</strong> Oasis Lodge, which lodge is situated<br />

on a small hill overlooking Lake Turkana.<br />

Obviously, the view <strong>of</strong> the Lake is critical<br />

to the Lodge, as tourists come up here to<br />

enjoy the amazing view <strong>of</strong> the lake.<br />

Already in 2002, our Lodge was granted<br />

an injunction against Mr. Lenayapa from<br />

commencing construction <strong>of</strong> row housing on<br />

the plot. This matter is in court under HCCC<br />

No. 1359/2002. <strong>The</strong> injunction was granted<br />

to our advocate Dr. PLO Lumumba.<br />

Ironically, all court records pertaining<br />

to our case, including the title deeds and<br />

agreements with Marsabit County Council,<br />

were gutted in a fire at the former Dr. PLO<br />

Lumumba’s <strong>of</strong>fi ce in 2003.<br />

<strong>The</strong> injunction against Mr. Lenayapa<br />

stagnated in 2006. Two weeks ago, Mr.<br />

Lenayapa fenced <strong>of</strong>f the plot in question<br />

and started bringing in construction<br />

materials to commence building.<br />

This is the PS in the Ministry <strong>of</strong><br />

Environment. But surely, is he above the<br />

law We ask so because we have neither<br />

seen a Nema EIA report nor license. We<br />

have not been advised, as required by law,<br />

that he received a change <strong>of</strong> user permit.<br />

To add to the long list <strong>of</strong> questions, we have<br />

not seen a building permit, we have not<br />

been consulted......nothing<br />

Yet, if his construction is allowed to<br />

proceed, Oasis Lodge will be ruined as our<br />

clients will no longer have an unobstructed<br />

view <strong>of</strong> Lake Turkana. <strong>The</strong>y will be looking<br />

at an apartment with clothes on the line”.<br />

When Neighbourhood <strong>Kenya</strong> sought PS<br />

Lenayapa for his comment, his secretary<br />

first informed us to call him back later as he<br />

was said to be on phone. When we called<br />

again, Mr. Lenayapa was reportedly in a<br />

meeting with his minister Mr. John Michuki.<br />

16.


Constitution<br />

XXXXXXXX PROFILE<br />

Together We Will<br />

Kara’ Position<br />

on the Constitution<br />

<strong>The</strong> <strong>Kenya</strong> <strong>Alliance</strong> <strong>of</strong> <strong>Resident</strong> Associations (Kara) welcomes the passing <strong>of</strong> the Proposed<br />

Constitution <strong>of</strong> <strong>Kenya</strong> by Parliament. That the passage was without any amendments implies<br />

that our leaders and <strong>Kenya</strong>ns at large have reached a fair consensus on the need for a new<br />

constitutional dispensation.<br />

<strong>The</strong> prospect <strong>of</strong> a new constitution being reality will surely catapult <strong>Kenya</strong>’s pride and standing<br />

among the family <strong>of</strong> nations. But the new constitution will come with a lot <strong>of</strong> benefi ts, expectations,<br />

responsibilities, obligations and even dangers on the part <strong>of</strong> the taxpayers.<br />

It will never be business as usual. This is because the document will, more than ever before, reorient<br />

and centrally affect the lives and livelihoods <strong>of</strong> <strong>Kenya</strong>ns. It is, therefore, critical that they are<br />

fully sensitized to fully understand what their respective vote at the referendum will mean to their<br />

future.<br />

<strong>The</strong>y must make an informed choice. And on this, the government should ensure that the<br />

anticipated civic education is devoid <strong>of</strong> elements associated with either the “yes” or “no” campaigns.<br />

While at it, politicians must now leave the fate <strong>of</strong> the Proposed Constitution <strong>of</strong> <strong>Kenya</strong> to the people.<br />

Dissenting MPs had a great opportunity to amend the draft which attempts failed miserably on<br />

account <strong>of</strong> their selfi sh and narrow partisan interests.<br />

Even then none <strong>of</strong> the MP had called his or her constituents to a public forum to seek their views<br />

on the draft. Instead, the intense caucusing among MP’s revolved around political parties and the<br />

2012 succession politics.<br />

<strong>The</strong> fact that President Kibaki and PM Raila Odinga have agreed on the draft “as it is” stands out<br />

as good news to <strong>Kenya</strong>ns who have been yearning for new laws for a very long time.What remains<br />

is for the two to ask their respective MPs to go slow and create conducive environment for impartial<br />

civic education.<br />

As for the groups opposed to the constitution, especially the clergy, we urge them to embrace<br />

tolerance for the clauses that do not seem to be acceptable to them such as the Kadhi courts,<br />

abortion, among others.<br />

<strong>The</strong> clergy must allow wisdom to prevail among themselves and their followers. <strong>The</strong>y must<br />

not demand for blanket condemnation or support for the draft. Instead, they are better <strong>of</strong>f allowing<br />

people to read and be fully sensitized in order to let their individual consciences guide them at the<br />

referendum ballot box.<br />

At this stage, we call upon media owners and media houses to walk their good talk and give<br />

black out to politicians and extremist interest groups whose reckless comments could mislead or<br />

misinform the unsuspecting public.<br />

Finally, we call upon our members and <strong>Kenya</strong>ns at large to take advantage <strong>of</strong> the ongoing voter<br />

registration and register themselves in large numbers ahead <strong>of</strong> the referendum.<br />

17.


ENTERTAINMENT<br />

Right <strong>of</strong> Reply – DStv’s <strong>Kenya</strong><br />

boss on price increases<br />

W<br />

ith the public disquiet around the<br />

recent increase <strong>of</strong> the popular<br />

pay-tv DStv monthly subscription<br />

pricing by US$3, Multichoice<br />

<strong>Kenya</strong> Managing Director Mr. Stephen<br />

Isaboke spoke to Neighbourhood <strong>Kenya</strong><br />

and here are the excerpts;<br />

Q. What is the justification for<br />

increase <strong>of</strong> their pricing by US$3 on your<br />

services effective 1st April<br />

A. It is important to state from the<br />

outset that MultiChoice <strong>Kenya</strong> merely<br />

provides subscriber management services<br />

for MultiChoice Africa’s DStv subscribers<br />

in <strong>Kenya</strong>. MultiChoice <strong>Kenya</strong> is not<br />

responsible for this price increase as these<br />

are effected by MultiChoice Africa. We<br />

have, however, been notified by MultiChoice<br />

Africa that the annual price increases are<br />

necessitated by rising input costs. As<br />

with any other business, there are various<br />

input costs, which include - salaries,<br />

technical infrastructure costs, satellite lease<br />

costs, facility costs, marketing costs and<br />

programming costs which have increased<br />

over the past 12 months.<br />

Q. Is it because you are a monopoly<br />

and have no competitor after GTV went<br />

down If GTV was operational, would you<br />

still have increased your pricing<br />

A. It is not true that either DStv or<br />

MultiChoice is a<br />

monopoly – there are a number <strong>of</strong> other<br />

pay TV operators in Africa, and in <strong>Kenya</strong><br />

specifically. <strong>The</strong> economies <strong>of</strong> pay television<br />

differ markedly from other sectors in that<br />

the more competition there is in the market,<br />

this is due to the fact that programming<br />

content becomes more costly since such<br />

programming content is generally acquired<br />

on the basis <strong>of</strong> a competitive bidding<br />

process which drives up the price.<br />

MultiChoice Africa have indicated that in<br />

determining any price increases it considers<br />

a number <strong>of</strong> issues, including whether it<br />

can continue to run its business without<br />

any increase, and whether in putting such<br />

an increase the service may be beyond the<br />

affordability <strong>of</strong> its subscribers or not. This<br />

decision is a complex one that is not taken<br />

at a whim on the basis <strong>of</strong> whether there is a<br />

competitor or not.<br />

MultiChoice Africa asserts further that it<br />

runs a credible and sustainable business,<br />

and it is not a fl y-by-night interested in<br />

short-term gains. Its business has been in<br />

operation for more than 15 years, and has<br />

managed to do so because <strong>of</strong> its prudent<br />

management.<br />

Q. Critics <strong>of</strong> your price adjustment<br />

note that you are involved in too much<br />

sponsorships – are you possibly<br />

exploiting your customers to support<br />

18.<br />

your philanthropic/CSR<br />

activities<br />

A. <strong>The</strong> simple answer is<br />

that such critics are incorrect<br />

in their assessment.<br />

MultiChoice believes<br />

that it is important for<br />

businesses to give back to<br />

the communities in which<br />

they operate, as well as<br />

invest with a long term view<br />

<strong>of</strong> growing a vibrant television<br />

market in <strong>Kenya</strong> - which is being<br />

done through our premium channels<br />

such as SuperSport and M-Net. Any<br />

CSR initiatives or investment that<br />

MultiChoice engages in are well<br />

thought out and carefully<br />

weighed against the continued<br />

viability <strong>of</strong> the business, and are<br />

certainly not the reason for any<br />

price increases.<br />

Q. <strong>The</strong> matter <strong>of</strong> price increase was<br />

brought to Parliament last week by<br />

Ikolomani Hon. Dr. Bonny Khalwale<br />

and the Minister for Information and<br />

Communications Hon. Poghisio is<br />

supposed to respond this week. What is<br />

your view on this<br />

A. We certainly think that Members <strong>of</strong><br />

Parliament, as representatives <strong>of</strong> people,<br />

have a duty to raise any issue that may be <strong>of</strong><br />

interest to the citizenry, and think that Hon.<br />

Khalwale is well within his rights to have<br />

raised the issue. <strong>The</strong> Minister, representing<br />

government, has a duty to all <strong>of</strong> <strong>Kenya</strong>’s<br />

citizens, including corporate citizens, and<br />

believe that he would consider the issue<br />

very carefully and give a considered<br />

response thereto.


CONSUMERS FEDERATION<br />

OF KENYA<br />

Consumers Federation <strong>of</strong> <strong>Kenya</strong> COFEK is <strong>Kenya</strong>’s independent self-funded and nonpr<strong>of</strong>i<br />

t organization, registered on 26th March 2010 as a membership society under<br />

Cap. 108 Laws <strong>of</strong> <strong>Kenya</strong>. Our members are ordinary consumers from areas spread<br />

right across the country who see the need for and who support and own COFEK.<br />

We boast <strong>of</strong> a Council <strong>of</strong> 20 <strong>of</strong>fi cials who represent the Federation at the national level. Those<br />

Council members are led by the Chairperson, Secretary and other <strong>of</strong>fi cials.<br />

<strong>The</strong>se <strong>of</strong>fi cers act as lobbyists and spokespersons in their various areas <strong>of</strong> expertise. It is<br />

especially noteworthy that they give voluntarily <strong>of</strong> their time and expertise.<br />

<strong>The</strong>y are supported by our lean secretariat who are directly involved in the research and inhouse<br />

production <strong>of</strong> the Federation’s electronic and hard copy newsletter “Consumer Pride”.<br />

COFEK, even at its formative stage, will strenuously represent and fi ght to protect and<br />

strengthen the rights <strong>of</strong> its members and all <strong>Kenya</strong>n consumers. <strong>The</strong> achievements are already<br />

considerable. Consumers’ rights - the right to information, fair dealing, protection, education -<br />

all culminating in the ability to make informed decisions and choices - are and should remain<br />

a reality.<br />

We will be continually calling on and for Government recognition <strong>of</strong> our crucial role through the<br />

many lawful ways and means. <strong>The</strong> current income derived from our members’ subscriptions is<br />

insuffi cient to permit us to lobby as we should and the need for determined lobbying and input<br />

at home, in <strong>Kenya</strong> and increasingly, regionally, is vital for the future <strong>of</strong> consumer protection.<br />

We will prevail - <strong>of</strong> that there is no question - but, to grow is our goal and I hope that you will<br />

consider supporting and joining with us in order that we might go forward forcefully and grow<br />

quickly. <strong>The</strong>n we can benchmark and demand the better protection, the clearer transparency<br />

and the proper ethical standards - from a position <strong>of</strong> strength - supported by the majority <strong>of</strong><br />

consumers - for the benefi t <strong>of</strong> all consumers. We need your support. Join us today!<br />

CHAIRMAN<br />

COFEK - Consumer Confi dence and Pride!<br />

www.c<strong>of</strong>ek.org<br />

19.


NOTICE BOARD<br />

31 st March 2010<br />

Kara Annual General<br />

Meeting – (for paid-up<br />

members only)<br />

26 th April 2010<br />

Kara 19th Session <strong>of</strong> the<br />

Bimonthly Talk Series<br />

30 th April 2010<br />

Nairobi Industrial Area<br />

Business & <strong>Resident</strong>s<br />

Association EC Meeting<br />

13 th April 2010<br />

Kara Governing Council<br />

Meeting<br />

30 th April 2010<br />

Kara Public Relations<br />

and Membership<br />

Committee Meeting<br />

Today.......<br />

Please join us!<br />

For Comments, suggestions and<br />

contributions, please contact the<br />

editor Neighbourhood <strong>Kenya</strong><br />

on;<br />

Tel. 020-3874331, 3873828<br />

Fax: 020-3862872<br />

Cellphones: 0725983445;<br />

0733779585<br />

E-mail: info@kara.or.ke<br />

or kara@eafra.net or visit<br />

us at Kabarnet Lane ,<br />

<strong>of</strong>f Kabarnet Road, Off<br />

Ngong Road<br />

P.O Box 1411-00100<br />

NAIROBI , <strong>Kenya</strong><br />

or visit us website;<br />

www.kara.or.ke<br />

correction<br />

In our 9th edition page 4 column<br />

2 on the 2nd paragraph, we<br />

inadvertently omitted the word<br />

“Low capacity”. <strong>The</strong> sentence<br />

should have read: “We are also<br />

discouraging low capacity public<br />

service vehicles from entering the<br />

CBD in order to reduce congestion<br />

within the city centre. Our plans to<br />

phase out the 14 seater “matatu”<br />

are still on course as this will reduce<br />

the number <strong>of</strong> vehicles on our<br />

roads. We regret the erroneous<br />

impression that might have been<br />

created by the statement quoting<br />

Chief City Engineer Mr. Stephen<br />

Mburu.<br />

20.


ON THE XXXXXXXX PROFILE MOVE<br />

Former tough-talking speaker<br />

Kaparo new Nema Chairman<br />

Immediate former National Assemby Speaker<br />

Francis Ole Kaparo has a new job as the<br />

chairman <strong>of</strong> <strong>The</strong> National Environment<br />

Management Authority (Nema) board <strong>of</strong> directors.<br />

He replaces Dr. Dorcas Beryl Otieno whose<br />

contract, set to lapse in November this year,<br />

was prematurely and without any explanation,<br />

terminated by president Kibaki.<br />

Dr Otieno is reported to have chaired her last<br />

board meeting on 1st March 2010.<br />

She has had an uneasy relationship with the<br />

director general Dr. Muusya Mwinzi whom the<br />

recent Effi ciency Monitoring Unit report harshly<br />

indicted in corruption-related allegations.<br />

In a special gazette notice <strong>of</strong> 5th March,<br />

President Kibaki recalled the tough Kaparo from<br />

virtual retirement to public service and incidentally<br />

saved him from public oblivion back to limelight.<br />

We could not verify if Mr. Kaparo, a lawyer by<br />

pr<strong>of</strong>ession, has any training in environmental management. This, though, might not be<br />

an issue since Article 10 (1) (a) <strong>of</strong> the Environmental Management and Coordination Act<br />

((Emca) only says the Nema chairman shall be appointed by the president without giving<br />

qualifi cations for the candidate.<br />

In the same gazette notice, the President appointed Mr. Eliazar Ochieng Ochola as<br />

<strong>Kenya</strong> Power and Lighting Company chairman for a period <strong>of</strong> 3 years.<br />

<strong>The</strong> most signifi cant appointment is<br />

Nema’s considering that public pressure<br />

has been piling on government to<br />

make changes at the taxpayers’ funded<br />

environmental watchdog.<br />

Unconfi rmed reports from multiple<br />

sources indicate that the <strong>Kenya</strong> Anti-<br />

Corruption Commission could soon charge<br />

Nema director general once the attorney<br />

general gives his prosecutorial consent on<br />

papers said to be at his <strong>of</strong>fi ce.<br />

Though there were reports earlier<br />

that PricewaterhouseCoopers (PwC)<br />

could have been called in to probe the<br />

malpractices at Nema, ministry <strong>of</strong> fi nance<br />

public relations <strong>of</strong>fi cer Mr. Maina Kigaga<br />

told Neighbourhood <strong>Kenya</strong> that he was<br />

unaware <strong>of</strong> any such investigations. PwC<br />

country leader Mr. Kuria Muchira could not<br />

be reached for comment.<br />

<strong>The</strong> public will be keen to see how<br />

Kaparo steers the recently appointed<br />

Nema board which is yet to be formally<br />

inaugurated as the environment minister Mr.<br />

John Michuki is said to be in-and-out <strong>of</strong> the<br />

country attending to private business.<br />

FEEDBACK<br />

“I read with great interest your article on<br />

“Corruption at Nema”. With regard to issuing<br />

EIA licenses, our experience in Diani also<br />

exposes gross irregularities. For instance,<br />

in 2008 a hotel which boasts eco-credentials<br />

cleared 12 acres <strong>of</strong> virgin forest without any<br />

permissions. <strong>The</strong> South Coast <strong>Resident</strong>s<br />

Association and Colobus Trust called in<br />

NEMA and, after a brief meeting on site, We<br />

were all assured that construction would stop<br />

until an EIA was carried out. Construction<br />

resumed the next day and finally, at our<br />

insistence, an EIA was done several<br />

months later in 2009 when the construction<br />

was complete. It is, however, extremely<br />

unlikely that any <strong>of</strong> the mitigating measures<br />

required by the EIA have been monitored or<br />

carried out”. Ms. Luciana Parazzi Basile,<br />

Chairperson, South Coast <strong>Resident</strong>s’<br />

Association<br />

“Your ninth edition <strong>of</strong> Neighbourhood<br />

<strong>Kenya</strong> was highly informative and well laid<br />

out”. Mr. Elias Njeru for PS, Ministry <strong>of</strong><br />

Immigration and Registration <strong>of</strong> Persons.<br />

“Thank you for your informative<br />

Neighbourhood <strong>Kenya</strong> journal. <strong>The</strong> truth is<br />

that this country has lost its moral respect<br />

especially when juxtaposed against the kind <strong>of</strong><br />

stories going on with regard to corruption. Why<br />

can’t we see any action that results to serious<br />

penalty to those implicated! And who pays such<br />

monies without proper checks and balances<br />

And the stories go on and on while <strong>Kenya</strong>ns are<br />

waiting to see the Government action. <strong>The</strong>re<br />

should be a law that anyone associated with<br />

corruption should resign, like in all other civilized<br />

countries! <strong>The</strong> citizens are taxed to the limit and<br />

some <strong>of</strong> the money collected for example by<br />

the City Council is the same money that is now<br />

buying land at prices that no one can believe.<br />

Thank you Kara, you are doing a good job”. Ms.<br />

Martha Mugambi, <strong>Resident</strong>, Nairobi.<br />

“I acknowledge receipt <strong>of</strong> a copy <strong>of</strong><br />

the 9th edition <strong>of</strong> Neighbourhood <strong>Kenya</strong><br />

journal. <strong>The</strong> journal is quite informative and<br />

educative. I appreciate the good gesture <strong>of</strong><br />

sending me a copy. Thank you”, Lawrence<br />

Lenayapa, Permanent Secretary, Ministry<br />

<strong>of</strong> Environment and Mineral Resources.<br />

“I note that the political elite have never<br />

been genuine in their clamour for reforms,<br />

but that their selfish view <strong>of</strong> the constitution<br />

as a tool for acquiring, consolidating and<br />

preserving power has threatened to derail<br />

the process many times. Thanks to the<br />

Committee <strong>of</strong> Experts and others before them,<br />

we are indeed on the threshold <strong>of</strong> a new<br />

constitutional dispensation. I urge all <strong>Kenya</strong>ns<br />

<strong>of</strong> goodwill to turn up in large numbers<br />

and endorse the draft in the forthcoming<br />

plebiscite”, Samora Abisai, a secondary<br />

School teacher based in Muhoroni,<br />

Kisumu<br />

21.


support<br />

Why <strong>Kenya</strong>ns must<br />

support honest civil<br />

servants<br />

<strong>The</strong> recent heroic act by<br />

City Council <strong>of</strong> Nairobi<br />

director <strong>of</strong> city planning<br />

Mr. Tom Odongo to<br />

demolish an irregular property<br />

on Mombasa Road in Nairobi<br />

deserves praise.<br />

Not only does the irregular<br />

building belong to a sitting<br />

minister but is rented by a<br />

councilor in the council he works<br />

for.<br />

It is such moves by chief<br />

<strong>of</strong>fi cers that are likely to stem<br />

impunity by politicians (councilors<br />

and MPs) and cartels around<br />

them who <strong>of</strong>ten intimidate city<br />

council workers and civil servants<br />

,forcing them to apply the law<br />

selectively.<br />

If the minister in question<br />

didn’t observe the regulations,<br />

she should not be compensated.<br />

She cannot feign ignorance <strong>of</strong><br />

the law. Neither can she have<br />

a tenant, who rents as-is, take<br />

responsibility where she as a<br />

landlord is fully responsible.<br />

Change <strong>of</strong> user procedures<br />

from residential to commercial<br />

status are <strong>of</strong>ten circumvented<br />

by cartels operating with the<br />

blessings <strong>of</strong> certain councilors<br />

especially those on the town<br />

planning committee.<br />

Town planning committees in<br />

major urban areas pose a high<br />

level <strong>of</strong> corruption yet there are<br />

no mechanisms in place, apart<br />

from the litigation, to check the<br />

powers <strong>of</strong> such committees<br />

where non-pr<strong>of</strong>essionals carry<br />

the day on pr<strong>of</strong>essional issues.<br />

This reality is explained by the dying<br />

residential areas in Nairobi and other<br />

major towns. <strong>The</strong>y are dying because they<br />

22.<br />

are fast being replaced as<br />

“mixed commercial” or purely<br />

commercial areas.<br />

Noise pollution from<br />

bars, traffi c congestion, overstretched<br />

capacity <strong>of</strong> sewers<br />

and other utility services are<br />

usually the fi rst warning that<br />

all is not well as the quiet<br />

character <strong>of</strong> residential areas<br />

goes up in smoke.<br />

It is not only at City Hall<br />

that such is happening.<br />

<strong>The</strong> same applies to<br />

the National Environment<br />

Management Authority<br />

(Nema) licenses that are<br />

<strong>of</strong>ten dished out to infl uential<br />

business people and<br />

politicians in exchange for<br />

either cash or protection for<br />

the affected <strong>of</strong>fi cers.<br />

When honest <strong>of</strong>fi cers at<br />

CCN and Nema stand up for<br />

public interest, they are <strong>of</strong>ten<br />

victimized and their authority<br />

clamped down.<br />

<strong>The</strong> immediate former<br />

City Council <strong>of</strong> Nairobi<br />

director <strong>of</strong> city planning Mr.<br />

Peter Kibinda’s name may<br />

not ring a bell around the<br />

“Cemetery Scandal” that cost<br />

the taxpayer a whooping<br />

Sh283M yet he formally<br />

cautioned against the deal.<br />

His pr<strong>of</strong>essional guidance fell<br />

on deaf ears.<br />

It is such <strong>of</strong>fi cers which<br />

<strong>Kenya</strong>ns must identify and<br />

reward. Beyond this, honest<br />

civil servants including<br />

permanent secretaries must be cushioned<br />

from greedy politicians out to make their<br />

work diffi cult.


XXXXXXXX PROFILE survey<br />

For the last two months, we gave our<br />

readers, yet another chance, to nominate<br />

the Top 20 Most Improved Local Authorities<br />

<strong>of</strong> course with the specific service citations<br />

and evidence, where necessary. Results<br />

are here below. <strong>The</strong> nominations do not<br />

necessarily represent the position <strong>of</strong> Kara.<br />

Nonetheless, we congratulate the winners.<br />

1. Limuru<br />

2. Thika<br />

3. Mavoko<br />

4. Malindi<br />

5. Kisumu<br />

6. Nairobi<br />

7. Nyeri<br />

8. Kakamega<br />

9. Mombasa<br />

10. Machakos<br />

For the May/June edition, please nominate<br />

“the Top 10 conference facilities”. Send<br />

your entries to; research@kara.or.ke<br />

23.


ENERGY<br />

High Power Bills:<br />

KPLC’s excuses and the pain<br />

<strong>of</strong> ERC silence<br />

<strong>Kenya</strong> Power and Lighting Company<br />

(KPLC) recent paid up media<br />

advertisements failed the test <strong>of</strong> real<br />

explanation <strong>of</strong> the current public outcry on<br />

why electricity prices have hit the skies.<br />

By attempting to do what the tight-lipped<br />

Energy Regulatory Commission (ERC) has<br />

failed to do or should have done, the KPLC<br />

statement literally said nothing <strong>of</strong> why the<br />

power bills are increasingly unbearable<br />

while the company attempts to justify its<br />

“reasonable” pr<strong>of</strong>i ts.<br />

Clearly sleeping on the job, the ERC<br />

established under the Energy Act 2006, is,<br />

among other responsibilities, expected to<br />

protect the interests <strong>of</strong> consumers. It is also<br />

expected to monitor, ensure implementation<br />

<strong>of</strong>, and the observance <strong>of</strong> the principles<br />

<strong>of</strong> fair competition in the energy sector,<br />

which aspects the ERC has “posted” dismal<br />

performance returns.<br />

As if to step into the vacuum created<br />

by the ERC silence, KPLC’s (now with Mr.<br />

Eliazar Ochieng Ochola as its new board<br />

chairman) intervention ended up mixing and<br />

avoiding direct answers on certain issues at<br />

hand.<br />

Unfortunate as it were, KPLC ended<br />

up in irrelevancies. Economizing <strong>of</strong> power<br />

use, for instance, is a personal decision<br />

<strong>of</strong> each consumer. It is different from the<br />

level <strong>of</strong> price per unit kilowatt, which issue<br />

should have been exhaustively dealt in the<br />

statement. It was not.<br />

While public sensitization is critical<br />

and welcome, the <strong>of</strong>fer <strong>of</strong> two or three<br />

“energy saving” bulbs per household<br />

which is diffi cult to track on exactly whom<br />

has benefi ted, where and when is hardly<br />

enough.<br />

Being a public company, <strong>Kenya</strong>ns<br />

expected to be told who is supplying the<br />

bulbs, how they will account for them<br />

and when the tender was advertised and<br />

awarded but this information has remained<br />

largely mysterious.<br />

In its statement, KPLC spoke as if it<br />

were the meteorological department: “it is<br />

anticipated that the coming long rains will<br />

enable …” <strong>The</strong> certainty that “long rains”<br />

are actually “coming” is baffl ing unless the<br />

agency meant “long rains season”, which<br />

according to past precedents should have<br />

been underway.<br />

<strong>The</strong> “clarifi cation on the fuel cost<br />

charge in power bills” statement loaded<br />

with minimal or no facts was reduced to<br />

re-stating the roles <strong>of</strong> other agencies and<br />

promising what is completely beyond its<br />

mandate.<br />

What was perhaps more eye-catching<br />

is this statement “with an asset base <strong>of</strong><br />

KSh70B (US$0.9B), a pr<strong>of</strong>i t <strong>of</strong> about<br />

10 to 12 percent <strong>of</strong> the asset base is<br />

reasonable to enable it meet its obligations<br />

to maintain and upgrade the countrywide<br />

electricity network which has suffered under<br />

investment …”<br />

How KPLC understands “reasonable”<br />

pr<strong>of</strong>i t is obviously worlds apart with the<br />

position <strong>of</strong> majority <strong>of</strong> its customers who<br />

view it to the contrary - as unreasonable, no<br />

matter the reason for pr<strong>of</strong>i ts.<br />

As private limited liability company with<br />

the <strong>Kenya</strong> government as a non-controlling<br />

shareholder, the fact that the KPLC enjoys<br />

a parastatal and monopoly status is self<br />

defeating – especially when the major<br />

motive behind the uncalled for pr<strong>of</strong>i ts<br />

appears to be to “generate a return for (its)<br />

shareholders”.<br />

<strong>The</strong> desperate attempt by KPLC to<br />

justify any pr<strong>of</strong>i ts, therefore, is irrational<br />

as is unconvincing <strong>of</strong> the timing and the<br />

circumstances behind the persistent public<br />

complaints.<br />

Infl uential individuals in government<br />

having dual interests as public agents<br />

and private shareholders <strong>of</strong> KPLC are<br />

hurting the public interest aspect. <strong>The</strong>y<br />

are an impediment to possibility <strong>of</strong> lower<br />

fuel cost charge and heavy cushioning <strong>of</strong><br />

independent power producers against the<br />

foreign currency fl uctuations.<br />

If indeed the <strong>Kenya</strong> government was<br />

genuine in affording <strong>Kenya</strong>ns cheaper<br />

electricity, it could have long had a fair<br />

representation on the ERC board; resolved<br />

the”Triton Scandal”; considered lowering its<br />

taxation levels on oil and signifi cantly cut<br />

back its shareholding in KPLC.<br />

After reducing its shareholding in KPLC<br />

by say 50% <strong>of</strong> its share, the government<br />

would immediately have re-invested in<br />

a possible competitor to strangle the<br />

current KPLC monopoly. This would have<br />

encouraged the missing competitiveness<br />

within the sector.<br />

KPLC owns and operates the national<br />

transmission and distribution grid, and<br />

retails electricity to an estimated 1.2M<br />

customers.<br />

24.


through<br />

kara lens<br />

A<br />

B<br />

C<br />

D<br />

E<br />

F<br />

A.. Kara CEO Mr. Stephen Mutoro (C) chats with the <strong>Alliance</strong> Chairman Andrew Enniskillen and South African businessman Mr. Moeletsi<br />

Mbeki(L) B. Kisumu and Nairobi <strong>Resident</strong> Association leaders during an exchange study visit<br />

C. Mr. John Odhiambo,<br />

Chairman, Buruburu <strong>Resident</strong>s Association familiarizes Kisumu <strong>Resident</strong>s with Buruburu Estate<br />

D. Participants at a Kara forum<br />

E. Kara Treasurer Mr. Ephraim Kanake and Pr<strong>of</strong>. P.L.O Lumumba F. Distinguished scholar Pr<strong>of</strong>. Rok Ajulu at a Kara BTS-18<br />

25.


news<br />

Kara CEO<br />

joins KIM<br />

International<br />

Centre for<br />

Management<br />

and Leadership<br />

Development<br />

Committee<br />

<strong>The</strong> Kara Chief executive <strong>of</strong>fi cer<br />

Mr. Stephen Mutoro has been<br />

appointed to serve on the <strong>Kenya</strong><br />

Institute <strong>of</strong> Management’s<br />

International Centre for Leadership and<br />

Management Development (ICMLD)<br />

Committee.<br />

According to KIM Executive Director<br />

Mr. David Muturi, ICLMD is made up <strong>of</strong> two<br />

<strong>of</strong> the six business units <strong>of</strong> the Institute:<br />

<strong>The</strong> KIM - Centre for Management<br />

Development (CMD) and <strong>The</strong> KIM -<br />

International Centre for Leadership and<br />

Development (ICLAD). Mr. Mutoro’s 3 year<br />

term took effect from 1st November 2009.<br />

This is a non-executive position<br />

available to a limited number <strong>of</strong><br />

pr<strong>of</strong>essionals whose contribution adds<br />

value to the committees they serve on.<br />

<strong>The</strong> main objective <strong>of</strong> the committee is to<br />

provide strategic and policy direction in the<br />

leadership, governance and management<br />

in line with the Institute’s corporate<br />

strategy, the executive director says.<br />

KIM was established in 1954 as a notfor-pr<strong>of</strong>i<br />

t pr<strong>of</strong>essional, membership-based<br />

Management and Business Development<br />

organization.<br />

Since its inception, KIM has<br />

endeavored to fulfi ll its mission <strong>of</strong><br />

enhancing pr<strong>of</strong>essional management<br />

thought and practice in the country and in<br />

the region.<br />

Today, KIM is among the foremost<br />

Institutes <strong>of</strong> management in Africa in terms<br />

<strong>of</strong> membership, human resource capacity,<br />

programme outreach as well as vibrancy<br />

and infl uence in management practices.<br />

Responding to the news <strong>of</strong> his appointment<br />

Mr. Mutoro said he was pleased that the<br />

institute had recognized the organization<br />

he currently runs.<br />

“Like other appointments and<br />

nominations before, the honour and<br />

privilege extended to me by KIM is an<br />

affi rmation that Kara has come <strong>of</strong> age. We<br />

dedicate this nomination to our members,<br />

partners and all those whose objective<br />

criticisms and support has helped Kara to<br />

grow to what we are today”, said Mr. Mutoro<br />

on the appointment in mid March.<br />

“Like other<br />

appointments and<br />

nominations before,<br />

the honour and<br />

privilege extended<br />

to me by KIM is an<br />

affirmation that Kara<br />

has come <strong>of</strong> age.<br />

We dedicate this<br />

nomination to our<br />

members, partners<br />

and all those whose<br />

objective criticisms<br />

and support has<br />

helped Kara to<br />

grow to what we are<br />

today”<br />

HIV/AIDS: Kara<br />

to run a program<br />

on protection <strong>of</strong><br />

human rights:<br />

Kara is among the 9 selected organizations,<br />

including universities and research<br />

institutions, to carry out a national<br />

program on the fi ght against HIV/AIDs.<br />

Kara had responded to the National AIDs<br />

Control Council (NACC) last year’s call<br />

for proposals under the “TOWA Round<br />

3” national level category. Kara’s 1 year<br />

program proposal on “enhancing protection<br />

<strong>of</strong> human rights <strong>of</strong> people living with<br />

HIV/AIDs” will be undertaken in 8 districts<br />

namely Nairobi East, Nairobi West,<br />

Kisumu, Kisii, Kakamega, Bungoma North,<br />

Mombasa and Kilifi . It will cost Ksh7M.<br />

“Please note that your proposal<br />

was reviewed by an independent Ad-<br />

Hoc National Review Committee and<br />

recommended for funding”, said NACC’s<br />

Mr. Dennis Kamuren in his letter dated 23rd<br />

March.<br />

Kara takes this opportunity to invite its<br />

membership and the general public within<br />

the selected districts to express interest <strong>of</strong><br />

partnership and/or make suggestions on<br />

how best the program can be rolled out by<br />

sending their views to us at: research@<br />

kara.or.ke<br />

Kara’s<br />

new public<br />

procurement<br />

oversight<br />

program<br />

on Local<br />

Authorities:<br />

Kara will from this April and for the next 11<br />

months, and in partnership with government<br />

and other stakeholders, keenly focus on the<br />

aspect <strong>of</strong> public procurements and disposal<br />

within selected Local Authorities (LA’s)<br />

on establishing, through research, any<br />

possible gaps between policy and practice<br />

as regards the implementation <strong>of</strong> the Public<br />

Procurement and Disposal (PP&D) Act <strong>of</strong><br />

2005. More importantly, the program will<br />

endeavour to inform recommendations to<br />

relevant partners on remedial measures.<br />

We are proud to be associated and<br />

supported by USAID through Pact<strong>Kenya</strong> to<br />

the tune <strong>of</strong> Ksh6M.<br />

Research work will seek to understand<br />

how PP&D activities are carried out by<br />

LA’s and the extent <strong>of</strong> public involvement,<br />

if any. <strong>The</strong> program shall be conducted<br />

within the City Council <strong>of</strong> Nairobi and the<br />

Municipal Councils <strong>of</strong> Nakuru, Machakos<br />

and Mombasa. <strong>The</strong> program will establish<br />

Procurement Watch Groups (ProWAG’s),<br />

engage in Town Hall Forums, among other<br />

activities. If you need more information on<br />

the program and/or you have suggestions<br />

on partnering with Kara, please contact us<br />

at research@kara.or.ke<br />

26.

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