Real solutions or mere pledges? - The Kenya Alliance of Resident ...

JAN/FEB 2010
9TH EDITION
The Authoritative Journal of The Kenya Alliance of Resident Associations
Noise Pollution ..
Why Nema must walk the talk
Is the media shunning
African diplomats
Dr. Ekuru Aukot
The Man and CoE
..
Supported by
FORD
FOUNDATION
Real solutions or
mere pledges
www.kara.or.ke

Editor’s Note
Welcome to your preferred public
service delivery focused journal.
As always, we appreciate your support
and encouraging feedback.
The year 2010 is a promising one,
political intrigues and unease within the
coalition government notwithstanding.
Certainly, Kenya hopes to reap
tremendously on the reform agenda. On
the social scene, we are happy to see
the troubled local football join the ranks
of athletics in sports tourism through
McDonald Mariga - the fi rst Kenyan
expected to feature in the prestigious
English Premier League.
The two decades clamour for a new
constitution may soon come to fruition. All
eyes are now on parliament expected to
reopen late February.
Kenyans are watching, with anticipation
and mixed reactions, the activities of the
Interim Independent Electoral Commission:
Interim Independent Boundaries Review
Commission and the Truth, Justice and
Reconciliation Commission. Though
disquiet exists on composition of some of
these bodies, expectations are rife that it will
no longer be business as usual should they
deliver on their respective mandate
In the midst of all the anticipated
reforms, Kenyans hope that they will not
lose the fi ght against corruption. Only
genuine, non-politicized and concerted
zero tolerance to corruption by both the
government and the public will shame the
Maize, Triton, Anglo-Leasing, Goldenberg
and other public scandals. On this both
principals President Kibaki and PM Raila
Odinga must lead and be seen to lead from
the front.
The formation of the Eastern Africa
Federation of Resident Associations
(EAFRA) heralds a new dawn within the
EAC integration processes. With the Kara
success story, we would like to see citizens
of other region’s eight countries enhance
their effective participation in public service
delivery.
We are consolidating the gains made
last year through the establishment of
Citywide Residents Associations (CRA). The
CRA’s have proved to be useful channels
of engagement between the government
and the public. We appreciate the Ford
Foundation for its support for this initiative.
As we mark a decade of promoting
enhanced access to public service delivery,
we are counting on your continued support
to enable us scale to even greater heights in
Kenya loses over Sh29B annually
due to traffic congestion, a recent
government report now says.
According to Mr. Philip Sika, the
Permanent Secretary in the Ministry of
Nairobi Metropolitan Development, the
available road space is overstretched and
cannot cope with the rising number of
vehicles. “Even if we expanded the roads,
this will not solve the problem of traffi c
congestion as the population of the city is
rising rapidly hence the number of vehicles”,
he says.
The cost excludes the inconvenience
and stress suffered by motorists in long
hours of traffic jams. It is no longer unusual
to spend over two hours to cover a short
distance of less than 10 kilometers.
Several reasons have been advanced
for the congestion. Transport experts are in
agreement that there is need for an urgent
and permanent solution.
They reckon that the traffi c congestion
challenge, if it goes on unabated, is
COVER STORY
COVER STORY
Real solutions or
mere pledges
threatening to literally grind the city
operations to a halt.
Traffi c congestions are no longer
restricted to peak hours only. Off peak hours
have become a nightmare and people can
no longer be certain of keeping time even
for crucial appointments.
“If I have a serious appointment I would
rather walk. If I choose to commute by bus,
I must aim at reaching town at 8am for a 10
am meeting”, says a disturbed John Mboya,
an insurance sales executive based in
Nairobi’s Eastleigh estate.
The situation is worse within Nairobi’s
central business district where lack of
adequate parking space has compounded
the problem. The number of vehicles jostling
for parking and making rounds for the next
available parking remains all time high.
Analysts in the property sector blame
the dwindling fortunes of the value of
offi ce spaces within the CBD as compared
with surrounding areas like Upper Hill and
Community, on incessant traffi c congestion.
Seventeen different studies have been
3.

COVER STORY
undertaken and recommendations made
on how to decongest the city. There is
adequate information on what needs to be
done. However, implementation of such
recommendations has not been forthcoming
and the reports are gathering dust on
government shelves.
To address the problem in the short
run, the Ministry of Nairobi Metropolitan
Development recently launched the Nairobi
Metropolitan decongestion program that
proposes a number of measures. “These
would include converting some streets into
one-way, removal of on-street parking to
widen the road space and ensuring that the
traffi c lights system works among others”,
says Mr. Sika himself an architect.
The confl ict on city traffi c management
between the City Council of Nairobi (CCN)
on one hand and the MoNMD on the other
promises an even more serious threat. “The
simmering confl ict will lead to misapplication
of resources and a lot of wasted efforts to
the detriment of the taxpayer”, says Dr. Eric
Aligula, a public transportation expert at the
Kenya Institute for Public Policy Research
and Analysis (KIPPRA).
The PS is of the opinion that plans
for some of the initiatives his Ministry is
undertaking have been available for quite
some time and no one has ever bothered to
implement them.
He remains optimistic that any emerging
issues arising between the two institutions
will be amicably sorted out.
Mr. Stephen Mburu, the City Engineer
at City Council of Nairobi feels that since
everyone benefi ts from a free-fl owing traffi c,
the public should give suggestions on how
best to deal with the traffi c menace.
The council is focusing on developing
the non-motorized transport infrastructure
in order to reduce the number of people
using vehicles. “Provisions have been made
on some roads for non-motorized mode of
transportation and more roads within the
city have been ear-marked for the same”,
says Mburu.
“We are also discouraging public service
vehicles from entering the CBD in order to
reduce congestion within the city centre.
Our plans to phase out the 14 seater
“matatu” are still on course as this will
reduce the number of vehicles on our roads.
“The council is also in the process of
introducing central route management
offi ces that will manage “matatus” on behalf
of the owners and ensure compliance to
stipulated regulations”, he adds.
Dr. Aligula is of the opinion that there is
need to restructure the public transportation
system to reduce use of private cars. “What
we should focus on is how to increase
the mobility for commuters in the Nairobi
Metropolitan region. The Matatus in their
current shape and form present a challenge
to this effort. The solution should focus on
increasing the capacity of public transport
and curtailing private transport”, he says.
The expert advices that there is need
to strengthen enforcement of traffi c laws
as part of the strategy to address traffi c
congestion. “Traffic law enforcement in
Kenya has improved, but clearly needs to
be strengthened. This is in terms of the
philosophy informing traffi c law enforcement
operations, equipping of the offi cers, as
well as impact of traffi c law enforcement
operations”
As a long term strategy, the MoNMD
has developed a transport system proposal
that will lead to creation of a Metropolitan
Transport Authority. “The authority will
manage the transport system and set
standards for public transport systems. A
bus rapid transit system will be introduced
to encourage motorists to park their cars
at centralized places and use buses to
access the CBD”, says Mr. Sika. The
proposal is awaiting cabinet approval before
implementation.
Dr. Aligula welcomes the establishment
of the authority as it will improve the
public transport system. “If you review the
transport system currently in operation,
there is no agency that adequately
addresses the need for comprehensive
and rigorous public transport service and
route planning. The focus is largely on
catering for the private cars. The functions
of the Metropolitan Transport Authority
will complement and not compete with the
other players in the sector. In the long term,
it would facilitate sustained improvement
of public transport, which is critical for the
competitiveness of the region”
The PS and the City Engineer failed
to address themselves to enforcement of
traffi c rules, which is an equally contentious
problem in as much as the quality of roads
and absent options on other modes of
transport poses real challenges
All said, there is no guarantee that all
the good plans will be implemented even
if the cabinet approves the proposal. The
amount of funds required to realize some of
the proposed plans are enormous.
If past government reluctance to accord
the transport sector the priority it deserves
is anything to go by, then raising the funds
required for the big plans may remain a
pipedream.
While the private sector is expected to
offer a lifeline for the projects through public
private partnerships, the government must
be prepared to foke out attractive incentives
to win their interest.
Bottomline, the economic loss attributed
to the traffi c congestion is too huge to be
ignored. It is time government gave serious
consideration to implementing the good
plans lying on its shelves.
The public transport system needs
an urgent streamlining, made reliable,
professional and secured as an incentive
for use of public transport as opposed to
private cars.
Disclaimer:
Neighbourhood Kenya is produced bi-monthly by The Kenya Alliance of Resident Associations (KARA) The opinion expressed in the articles are those of the authors and do not necessarily refl ect
KARA’s offi cial position. The editor welcomes contributions of articles and photographs from members of the public. Any materials received will be treated as unconditionally
assigned for public and will be subject to KARA’s unrestricted right to edit and publish.KARA reserves the right of this publication and no part can be published
in anyway without express permission.

PERSPECTIVE
: Local media
shunning African diplomats
He considers
himself a
philanthropist
and one with a
passion to make a positive
difference in people’s lives.
His diplomatic traits are
easily noticeable from the
calm and collected nature
he portrayed as he spoke
to Neighbourhood Kenya
at his Lenana Rd offi ce.
He gives the impression
of a man on top of his
game and one who must
be enjoying every moment
of it.
Meet His Excellency
Mr. Tony Gab Msimanga,
the South African
High Commissioner in
Nairobi, where he has
been for the past four
years. Previously, he
served in Angola in the
same capacity. Prior to
his diplomatic call up,
Msimanga worked within
the RSA Offi ce of the President.
The father of three (two girls and one
boy) in his mid forties, is a career diplomat
with bachelor of arts degree in international
relations and diplomacy from Birmingham
University, UK. He is married to Mpho, a
psychologist in private practice in South
Africa.
“I wanted to be a medical doctor
because that was my father’s wish. I was
also inspired by my late elder brother who
was a medical doctor” , he says of his
childhood dreams.
That was never to be as it later dawned
on him that his main interest was in
diplomacy and not in countering ailments.
That past him, Tony is today happy that
he followed his heart and is enjoying his
current occupation.
Achievements
One of his greatest achievements is tied
to his philanthropic nature. Two weeks into
his posting to Nairobi, he was moved by
His Excellency Mr. Tony Gab Msimanga
a story in one of the leading newspapers
on how young girls in a Homabay village,
orphaned by the HIV/AIDS scourge were
suffering.
“I travelled all the way to Homabay to
assess the situation and fi nd out how I could
help. When I came back, I mobilized several
Kenyan companies and South African
Companies in Kenya to send in donations in
form of clothes, foodstuffs and finances to
support the families”
He soon realized that a long term
solution would be preferable. He bought
seeds for the widows to plant during the
rainy season. He also ensured that the
affected widow’s children had access to
decent education facilities”.
“I approached Michael Joseph (the CEO
of Safaricom) on the need to build a school
in the village and through the Safaricom
Foundation, this was achieved”
Through his efforts, the school has since
received donations of computers and other
learning materials from well wishers. The
initiative has also attracted the attention of
the French Ambassador to Kenya H.E. Ms.
Elisabeth Barbier who he says has been
very supportive.
He is also proud of the role he played
together with other colleagues during
Kenya’s post election violence. “Much as we
may not have been in the limelight, we did
a lot of behind the scenes on coordination.
We engaged the parties involved in order to
restore peace”.
“The then South African President Thabo
Mbeki was in constant touch with the African
Union and the two principals (Mwai Kibaki
and Raila Odinga) to explore means of
6.

PERSPECTIVE PROFILE
stemming the violence”
“Other success areas include the
excellent diplomatic relations between
the two countries and the numerous
opportunities for trade that exist. A Joint
Cooperation Commission to strengthen
relationship between Kenya and South
Africa will soon be launched”, adds the softspoken
Msimanga.
Challenges
He recollects of the xenophobic attack
in South Africa. “It was extremely diffi cult
convincing the world that the situation was
under control and measures were being
taken to ensure that the attacks don’t
spread to other parts of the country. The
Western media made the situation worse by
repeatedly splashing images that wrongfully
portrayed a country in crisis”
He is also unhappy with the bias of the
Kenyan media. “They only give attention
to the big donor countries hence giving
the impression that diplomats of African
countries in Kenya are not doing much”.
Social
When he is not at work, you will most
likely fi nd him in the gym working out. He
is a Karateka with a “black belt” and is a
member of Impala Karate Club and patron
of Shotokan Kenya JKA/WF.
“I also like reading and listening to music
during my free time. My social drink is red
wine but I occasionally take Tusker Malt
beer”.
“My parents were my mentors when
I was growing up but I also had an elder
brother who was a lecturer at a University
in South Africa as my academic mentor.
Later on in life, when I was the personal
aide to former African National Congress
(ANC) President, the late Oliver Tambo, he
became my mentor”.
He derives happiness from transforming
people’s lives for the better especially
seeing the young people being able to
access decent education and live in a
secure and dignifi ed environment.
If he became the President of Kenya
for one hour, his priority would be to give
hope to the youth and enhance their sense
of patriotism. “I will also ensure that every
child has access to decent education. I will
empower women to enable them effectively
participate in mainstream economic and
political activities. Lastly I will put measures
in place to fight poverty and corruption”.
On Kenya’s reforms, he is happy with
the ongoing constitutional review process
and expects that the final document will
capture the aspirations of Kenyans. “The
other reform processes are also on course
but the ordinary citizens need to pile
pressure on their leaders to ensure that the
processes are not slowed down”
World Cup
Is South Africa ready for the upcoming
World Cup tournament “We can’t afford
to fail or leave anything to chance. This
is a golden opportunity for Africa to
prove to the world that we are capable of
delivering when entrusted with such huge
assignments. We want to leave a legacy
so that other African countries can be
considered for such opportunities in future”.
“We expect that there is going to be
enormous economic benefi ts not only to
South Africa but also other African countries.
Participants at the tournament are expected
to visit other African countries as tourists
hence boosting their economy. South Africa
will benefi t from improved infrastructures
and expanded economy and this will lead to
creation of jobs”.
South Africa will be hosting the debut
Africa’s 2010 World Cup from June 11.
This Neighbourhood Kenya writer could
not agree more with Msimanga that African
diplomats have powerful stories to tell yet
the local media hardly gives them print or
air space – at the expense of their western
colleagues
A world class
soccer stadia
in South Africa

ENVIRONMENT
Noise Pollution: Why
Nema must walk the talk
The recent move by the National
Environment Management
Authority (Nema) to commence
implementation of The Noise
and Excessive Vibration Pollution Control
Regulations, 2009 is a step in the right
direction. Our views on the same are as
follows;
(a) That the rules are not only very
welcome but long overdue. Indeed it is true
that of the numerous complaints received
at Kara, from across the country, noise
pollution in residential and urban areas
account for over 35%. Helpless Kenyans
are daily stressed by
public transport vehicles
hooting and touting
practices, noisy bars
and places of worship
in residential areas,
among
others. This
must now stop.
(b) As such, we
urge for restraint
from religions and
faiths leaders to
voluntarily comply
with the rules.
They must move
to appreciate the
new rules as a
human right and
welfare issue
and not as an
affront on the
religion. This is
far from it.
(c) We hope that this
time round, Nema will walk the talk on
enforcement and compliance on the
new rules. If the past poor show on the
overall Environment Management and
Coordination Act (Emca) stemming of
uncontrolled developments and failure to
protect wetlands are anything to go by, then
Kenyans must not expect so much from
good legislations that are hardly enforced,
often by design and sometimes by default.
Whether Nema has suffi cient capacity
to implement the same rules is anyone’s
guess. But Nema must not allow itself to be
seen as a toothless barking dog.
(d) From the foregoing, we appeal to
environment minister Mr. John Michuki to
take a personal interest on the matter and
have it implemented in the same manner he
implemented similar rules at the transport
ministry, a few years ago.
(e) Finally, we hope that Nema shall not
recklessly issue the permits on the basis of
polluter-pays-principle, which shall by equal
measure negate their essence. Reporting
the violators to police might not add a lot
of value. Instead, both the local provincial
administration (chiefs and their assistants)
as well as police should be made personally
liable and responsible for excessive noise
bellowed within their respective jurisdictions.
8.

PUBLIC NOTICE
NOTIFICATION FOR PROPERTY NUMBERING IN THE
CENTRAL BUSINESS DISTRICT (CBD)
The City Council of Nairobi is in the process of preparing street-property numbering system
with the objective of providing easy identifi cation of properties in the City.
The aim is to enable general service providers to have better methods of identifying premises
as origins or destinations of their services.
The fi rst phase in the CBD is complete and notice is hereby given to all the property owners
in the CBD to comply by fi xing the numbers on their building as per the set standards and
guidelines given here below:
• The number plates for the plate numbering should be fi xed at a minimum height of 3m
above the ground fl oor level and a maximum of the canopy height
• The standard size be limited to 60 x 60mm
• Number plates must be fi xed at the main entrance of each building/property
• Material should be weather proof and luminous – Green background and yellow
numbers (a sample can be gotten from Director City Planning)
All the streets in the CBD have temporary street property numbering which the property/
building owners are expected to replace with the permanent one as per prescribed standards.
All building owners are encouraged to comply within 90 days from the date of the publication
of this notice.
For more information and clarifi cation contact – The Director City Planning Department, City
Hall 2nd Floor room 273.
PHILIP M. A. KISIA, MBS
TOWN CLERK
Customer Care Numbers: 0725 624 489, 0735 825 383 or 020 344 194
Blog: http://blog.ideasfornairobi.org

CORRUPTION
The Offi ce of the Prime Minister (OPM) based --Effi ciency Monitoring
Unit (EMU) latest management audit report has harshly indicted the top
management and directors at the National Environment Management
Authority (Nema) in graft related allegations.
The revelations are contained in a four page letter (OPM/1/25A of 2nd
February 2010) to environment permanent secretary (PS) Mr. Lawrence Lenayapa from the
OPM PS Dr. Mohamed Isahakia while forwarding the voluminous management audit report
on Nema.
The hard-hitting letter, copy seen by Neighbourhood Kenya, names various personalities
and companies on allegations of various irregularities which confi rm malpractices at Nema.
The Isahakia letter is copied to head of civil service Mr. Francis Muthaura and Kenya
Anti-Corruption Commission (Kacc) acting director Mr. John Mutonyi.
“On 8th September 2009 vide Ref OPM:9/189/A/ISC.Voll.II, I submitted to you
Inspectorate of State Corporations report which covered mainly the human resource issues.
However, EMU report has carried out a more comprehensive audit of other operation
areas”, Dr. Isahakia says in the letter.
“Among other fi ndings are the tension between the board (of directors) and management
especially the chairlady (Dr. Dorcas Otieno) and the director general (Dr. Muusya Mwinzi)”,
the letter says of the evident sour relations between the two – which development has
nearly paralyzed the relevancy of the environmental agency.
Dr. Isahakia samples one of the nasty exchanges in which Dr. Otieno, a university
lecturer, wrote to environment minister Mr. John Michuki and accused Dr. Mwinzi of among
other things, “… lacking in leadership, infl uence, teamwork and trust among the directors”.
“The altercation is detrimental to the organization and likely to affect staff morale”. He
blames this on the fact that “the board chair and director general are both appointees of
the President …the disharmony in their working relationship may be attributed partly to the
provisions of EMCA (the law) and also (the) director general’s tendency to ignore board of
management directives”, adds Dr. Isahakia.
Procurement
“EMU was availed a proposal for construction of public Iko-toilets in partnership agreement
between City Council of Nairobi (CCN) and NEMA on one side and Ecotact Ltd. CCN
approved the proposal and entered into MoU with Ecotact Ltd and not Nema.
“Ecotact Ltd then entered into a construction contract of Iko-toilets at Kshs.1,500,000.00
with M/s Corbel Construction Company Ltd. The construction contract was also signed by
the director general thereby committing the Authority without the knowledge and approval of
the board of management.
“The Authority received Kshs. 1,732,713 from M/s Green Globe Foundation which
(funds) were posted (within Nema accounts) as EIA (environment impact assessment)
project report income.
“M/s Ecotact Ltd wrote to the authority requesting release of Kshs. 1,000,000.00 being
fi rst tranche to M/s Corbel Construction Co. Ltd (reportedly contracted by Ecotact Ltd) initial
construction disbursement and later Kshs. 500,000.00 as second tranche.
“The (EMU) team could not understand how M/s Corbel Construction Co. Ltd (was)
contracted by Ecotact Ltd but not Nema were paid public funds; secondly, how they were
procured; thirdly, Nema’s role in the contract
between Ecotact Ltd and CCN (City Council
of Nairobi) and fi nally, whether the funds
from M/s Green Globe Foundation were
proceeds from EIA report or transfer of
funds through Nema.
“It was also noted that that the registered
directors of Ecotact Ltd Dr. Kamithi Ng’ang’a
and Eng. David Kamau Kuria were currently
in the board of management of Nema. The
oversight amounts to confl ict of interest
in their part and likely to compromise the
governance of Nema”, adds Dr. Isahakia.
The report was, however, inaccurate
on this aspect as according to research
conducted by Neighbourhood Kenya while
the two are actually directors of Ecotact Ltd,
Mr. David Kamau Kuria, an architect and
not an engineer as stated in the report, has
never been a director at Nema.
His business partner Dr. Nga’ng’a has
been a Nema board member until last
month when a new board was gazetted by
environment minister Mr. John Michuki.
The report lists a litany of serious
allegations that point to severe weaknesses
in the style of management by the director
general Dr. Muusya Mwinzi, who ironically
was awarded by the President on 12th
December 2009, with a high level “Elder of
the Burning Spear” (EBS) medal coronation
given to high achievers.
“The team noted a systematic tendency
by the director general Dr. Muusya Mwinzi
to issue thin veiled threatening “show cause
letters” to his senior management staff
involved in the processing of EIA licenses
and director (compliance and enforcement)
immediately after issuing an irregular EIA
license.”
Isahakia’s letter notes that “… the
director general’s salary increment of Kshs.
40,000 per month backdated to July 2007
without the board of management and
parent Ministry approval contrary to circular
OP/CAB.9/21/2A/LIII/86 of 20th June, 2007”
10.

PROFILE ENERGY
COMMISSIONER OF
PETROLEUM ENERGY
What’s in a name That
which we call a rose by
any other name would
smell as sweet”, those
who have read Juliet’s
words in William Shakespeare’s Romeo
and Juliet would easily agree with the
new strategy by the Ministry of Energy to
introduce a new and sexy position – at least
to agonizing motorists – of a commissioner
of petroleum energy.
What is not clear, however, is if the
new commissioner Mr. Martin Heya will
actually perform any better where the
current minister Mr. Kiraitu Murungi and his
predecessors severally promised - but failed
to clamp down on cartel-like international oil
marketers who maintain retail pump prices
at an all high even when global prices of the
precious commodity climb down.
Not even the said ministers’ separate
and constant threats of invoking “residual
monopolies power” could intimidate the
mighty oil marketers, who only give in
marginally whenever media and public
outcry persists.
The Energy Regulatory Commission
has equally failed to stamp its authority on
ensuring a win-win between consumers and
marketers.
The government, through National
Oil Corporation of Kenya (Nock), is an
interested party and has its hands tied as
it carries out the same business. Nock’s
retail pump pricing is much the same as
other marketers such as Caltex, Total, Kobil,
Kenol and Shell, among others.
According to Ministry of Energy website,
Mr. Heya’s (commissioner of petroleum
energy) position entitles him to among
other issues development of an effective
petroleum pricing and prices monitoring
system from supply sources to retail pumps,
formulation and articulation of petroleum
pricing and prices monitoring system from
supply sources to retail pumps.
The commissioner is also expected
to oversee development of an effective
petroleum fuels supply chain monitoring
systems to ensure security of supply as well
as establishment of an effective mechanism
for monitoring and distribution of petroleum
11.
fuels in the country.
It is not clear whether the new position
will remotely oversee major players – the
likes of the Kenya Pipeline Company and
Energy Regulatory Commission as part of
the commissioner’s job description includes
“reviewing quality standards of various
petroleum products from time to time in
accordance with internationally recognized
norms in collaboration with Kenya Bureau of
Standards.”
Kenyan motorists have suffered the
serious agony of unreasonably infl ated
petroleum prices.
This dilemma got the attention of
Mathira MP who sponsored The Price
Control (Essential Goods) Bill, 2009 .
The bill which received overwhelming
support from MP’s sought to compel the
Minister for Finance to control the prices
of essential goods such as oil in order
to protect Kenyans from exploitative
and unscrupulous business cartels that
manipulate the forces of demand and
supply to suit their profi ts.

PROFILE
Q. Who are you in your own words
A. Ekuru Aukot is simply a nomadic
pastoralist from the cradle of mankind and
Turkana in particular. I sometimes say
that I come from the Kenya of the North in
contradistinction to the rest of Kenya.
This arises from the glaring differences
between the two regions that have been
referred to as ‘two Kenyas’. Often, this is
brought about by people from the ‘other
Kenya’ who express surprise at the fact
that I am a lawyer, Turkana and with a PhD
in law. Reason they often exclaim with the
words ‘umejaribu sana (you have really
tried)’!
Ideally, one would have many beliefs
depending on the philosophy of life and
experiences. I am no exception. I believe in
the nation of Kenya. I believe that Kenya is
capable of moving forward if only we have
to shatter some of the myths that have
polarized us as a people, communities and
groups.
I believe in the future of this country
to be embedded in good governance and
in the installation of good individuals to
undertake what is in the common interest of
the good Kenyan people. I believe in doing
the good and avoiding the bad. I do not
believe in failure and success is my driving
motto.
Q. What about your roots, education and
early days
A. I hail from a people commonly
referred to us ‘Turkana’, but whose real
reference should be Ng’iturkana of North-
Western Kenya, who are part of the
greater Ateker nation that straddles four
countries namely Kenya (Ng’iturkana and
Iteso), Uganda (Ng’ikaramojong), Sudan
(Ng’itoposa) and Ethiopia (Ng’inyang’atom).
I was born in Kapeddo in Silale area
of Lomello division of Turkana South
and would later be displaced (due to internal
confl ict between the Pokot and Ng’iturkana)
12.

XXXXXXXX PROFILE
to Mogotio. I therefore describe myself to
be among, like thousands of Ng’iturkana
people, the oldest internally displaced
persons in Kenya - who are often forgotten
owing to description of IDPs as only
stemming from political disagreements.
I attended Kapeddo primary school
in Turkana South and thereafter Mogotio
Shortly thereafter, I received the
prestigious Chevening Scholarship to the
University of Warwick (UK) to study Masters
of Laws in Development. I was later to be
offered a scholarship as a research teaching
assistant in constitutional and administrative
law. During this period, I also studied for a
PhD in international refugee law. I therefore
able to effect the most desired changes in
this country, realize a new Kenya and live
to succeed in that very new Kenya. Most
importantly I strive to change the perception
of my Ng’iturkana people and to be able to
claim our space nationally as equals.
Q. What are your major key successes
primary, Athinai primary and eventually
Mtongwe primary (in Mombasa). This was
true living to my nomadic nature that my
education was not spared such nomadism
either. I then joined Kabarnet Boys High
School in Baringo central before joining the
University of Nairobi’s faculty of law in 1993
to study for a Bachelor of Laws degree.
Upon completion in 1997, I joined the
Kenya School of Law for a diploma in law so
as to be subsequently admitted into the Roll
of advocates pricelessly as the fi rst Turkana
advocate.
undertook all my three degrees in a row
until when I came back to Kenya at the end
of 2005.
My ambition lies in the realization of my
dreams, which is to rise to a position to be
13.
and challenges at the helm of the
Committee of Experts (CoE) What if the
CoE doesn’t pull off a new constitution
this year
One, to be appointed to the CoE director/

PROFILE
CEO, at a time of prevalent pessimism
and relegation of the marginalized and
minorities in Kenya, I consider it a major
success. Two, the expeditious setting up
of a professional secretariat to support the
work of the CoE in the delivery of a new
constitution for Kenya; three, being able
within a short time to fundraise up to KSh
1.4B to support the operations of the CoE;
Fourth, beating very strict datelines
often times riddled with political landmines
and public apathy and being able to
produce the harmonized draft constitution,
the revised draft constitution and the fi nal
report on time and most importantly to
reach as many far-fl ung regions in Kenya
and to be able to translate the harmonized
draft constitution into Kiswahili. This is
the fi rst time in the history of constitutionmaking
and legal reform that such a
document has been translated in a national
language.
The challenges have been largely
about one, ensuring that there is adequate
fi nancial independence of the CoE within
a short time and to be able to meet all its
needs without being subjected to fi nancial
bureaucracies of both government and
donors who have supported us so far. Two,
it has been a great challenge for those
outside the CoE to appreciate that we are
in a marathon and emergency mode that
requires the relaxation of the usual (yet
necessary) bureaucracies.
Political consensus and agreement has
been a major challenge due to divergent
positions that have been taken for a long
time. People have reduced the constitution
into a shopping list of needs and interests
and therefore to be able to accommodate
all these views remains a greater challenge
while at the same time working to ensure
that we get a new constitution.
Lack of immediate religious and cultural
consensus; ensuring that there will be an
affi rmative referendum result and public
skepticism have not made our work any
easier.
I will be the most depressed person if
we do not get a constitution for this country,
this time round. Kenya would be postponing
some of the things that her citizens have
sought for a long time. As a result, Kenya
and Kenyans would have to understand that
there can never be a perfect constitution
anywhere in the world!
Needless to mention, we would miss
the greatest opportunity to re-engineer the
most desired changes this country has
sought for and for which many lives and a
part of this nation has been lost; hailing from
the marginalized north, the constitutional
proposals are good towards inclusion
and it will be a wasted opportunity if this
constitution is not realized. I am, however,
very optimistic.
Q. You can be described as being from
the best of both worlds – civil society
and government business. How are you
balancing your civil society bias with
CoE work
A. Constitutions and good ones at that
are only made once in a lifetime. In my view
having a civil society background and being
part of the CoE today blends very well and
it is an added advantage. While within the
civil society level, I always yearned for the
opportunity to work on the issues that the
CoE is working on right now. So it is value
adding to have been a member of the civil
society because then I am able to hit the
ground running in the business of the CoE!
Q. What about Ekuru Aukot the man and
family
A. I am married to Wanjiru and together
we have a lovely daughter called Naro –
whom we deliberately named after her two
grandmothers from the Turkana and Kikuyu
to shatter some of the myths in this country
around intermarriages. My hobbies include
travelling...in January of 2009, for instance,
I travelled to Timbuktu in Mali and in the
Sahel region to camp in the desert amongst
the Tuaregs in a village called Essakenduring
the desert festival that brings
musicians from all over West Africa.
I also love shopping for music from
different cultures and countries. I collect
music and would spend hours listening
to very roots-oriented music. I also like
writing independently - on my own ideas
and writing from the way in which I see and
perceive the world we live in. Ordinarily,
I enjoy a nice Cognac, cold lager in very
hot environment. I used to ardently practice
Karate (shoto-kan) during my university
days as well as play table-tennis until the
academics took the better of me!
Q. If you were to be President of Kenya
for a day, what are the two priority issues
you will fix
A. I would die to unite this beautiful
country and its people. This is because
there is no any other great country that I
know apart from Kenya yet we are divided
sometimes right into the middle. Related
to that, I will fi x the political mistrust in
our country. I believe as a minority, I can
easily be accepted to be able to unite our
people especially the historically warring
communities and regions. I will also fi x the
bad governance problem in this country,
which is the cause of all our problems, most
of the times.
Q. What future for Kenya’s
constitutionalism and rule of law
A. It is glitteringly bright! Kenyans are
becoming wiser and wiser by the day and
I am faithful to the cause we are taking;
Kenya has changed a lot principally
because the Kenyan of yester years is no
longer the Kenyan of today - who could
simply be duped by failed political promises.
Kenyans are now capable of taking their
destiny into their hands and that is why the
bright future of this country is unstoppable
- because it is propelled by Kenyans
themselves. Constitutionalism in Kenya is a
reality that we live everyday!
14.

ON THE MOVE PROFILE
As a new service to our corporate partners, Kara will be announcing
top level professionals joining such companies. We
begin with Simba Colt Motors Group of Companies;
Mr Anthony Thoithi has
joined the Simba Colt Motors
Group as the Group Performance
Improvement Manager. Prior to
joining Simba Colt, he was an
Associate Director within the
Advisory Deals department of
PricewaterhouseCoopers where
he worked for over 5 years
and specialised in conducting
Independent Business Reviews,
Turnarounds and Forensic
Investigation assignments for
clients in Africa Central. Anthony
will oversee the implementation
of the Group’s corporate strategy
and spearhead performance
management initiatives in the
Group
Mr Roy Kyalo joins Bavaria
Auto Kenya Limited, the
holder of the BMW Franchise
in Kenya and a subsidiary of
the Simba Colt Motors Group,
as Assistant Sales Manager.
Prior to joining Bavaria, he
worked with CMC Motors
Group Limited for over 15
years in the Sales & Marketing
department. Roy will play a key
role in the sales and business
development initiatives of
BMW vehicles.
Mr Leonard Munyua has
joined Simba Colt Motors
Group as the Information and
Communications Technology
Manager. Prior to joining
Simba Colt, he worked with
PricewaterhouseCoopers for over
7 years where he was involved
in Management of Information
Systems, Project Management
and led the Information Systems
Security initiative in East and
Central Africa, inter alia. Leonard
will be responsible for the IT
strategy and initiatives across the
Group.
OUR PEOPLE
Mr. Ephraim Kanake, Treasurer, Kara Governing Council
Mr. Kanake was trained in leather East Africa Industries Ltd from where
technology and has a diploma he retired as production manager in
in Business Administration from 2000.
Kenya Institute Management (KIM). He is the founding chairman of
He is also trained in Total Quality Plainsview Residents Association
Management by the Switzerland and a management consultant for
based Quest International.
the Company of the Year Award
He started his career in 1974 (COYA). He was part of the team that
as a management trainee at Bata established Productivity Center of
Shoe Company Ltd. He rose to Kenya under the Ministry of Labour in
the position of senior production 2002 and also took part in the review
manager before moving to the then of the National Social Security Fund
Act in 2006.
On Kenya’s education sector
front, he is the chairman of Parents
Teachers Association for Plainsview
Primary School and Bishop Gatimu
Ngandu Girls Secondary School. He
is also a board member of Nile Road
Girls Secondary School and a member
of Makadara Constituency Bursary
Fund Committee.
He is married to Ms. Grace Wanjiru
and together they have four children.
15.

The Eastern Africa Federation of Resident Associations (EAFRA) has been successfully
registered. The federation will consist of national resident associations within the Eastern
Africa region (Kenya, Uganda, Tanzania, Ethiopia, Eritrea, Seychelles, Rwanda, Burundi
and Sudan). Kenya will be represented by the Kenya Alliance of Resident Associations
(Kara). We are actively working with contacts in other countries to establish national
resident associations. Once this process is complete, Eafra will formally apply to the
East Africa Community (EAC) for consideration of “observer” status as well as other
partnerships.
Eafra’s key objective is to enhance the wellbeing and dignity of the people
within the region - by promoting citizen-citizen integration in bridging the
intergovernmental agreements such as the EAC and IGADD among others.
We will strive to maintain good governance; security and peace; sustainable
environment and protection of our natural resources. In the quest to realize
this goal, Eafra will;
1. Actively promote partnerships with the East African Community;
national and regional governments; organized groups; lawful residents groups
and other private- public partners in realizing accelerated integration and
socio-economic development within the region.
2. Promote enhanced citizens’ access to high quality, sustainable and
affordable public service delivery to the residents within the region.
3. Represent and act for all members of the Federation on issues of common
interest such security, environment, economic development, health, water, tourism,
justice, human rights and strategic repositioning of the Eastern African region within
the world of Nations.
Our interim officials are;
1. Chairman - former Kenya Airways CEO Mr. Richard Nyaga
2. Secretary - Kara CEO Mr. Stephen Mutoro
3. Treasurer - a consultant with Kenya Institute of Management Mr. Ephraim Kanake,
Corporate membership is open to all companies which operate in more than one of the 9-member countries. We
look forward to closely working with the national media networks to re-brand the Eastern Africa region as a global one-stop
business and holiday destination.
Enquiries on Eafra can be forwarded to: info@eafra.net
16.

XXXXXXXX PROFILE energy
By WASHINGTON GIKUNJU
The Kenya Alliance of Residents’
Associations (KARA), a consumer rights
lobby group, has called for an amendment
to the Energy Act to allow for inclusion of
power consumers’ representatives on the
Energy Regulatory Commission (ERC), the
body which controls electricity tariffs in the
country.
The KARA chief executive Stephen
Mutoro, says the current composition of
the ERC board is skewed in favour of
companies involved in generation and
transmission of electricity to the detriment
of consumers, who have seen their monthly
power bills almost double in the last 18
months.
The ERC board is currently composed
of a chairman, director general of the ERC,
the permanent secretary in the ministry of
energy and two other members appointed
by the Energy minister.
The basic mandate of the ERC is to
regulate power tariffs to not only protect
consumers from exploitation by utility
companies but also facilitate reasonable
profi t margins for the fi rms that can enable
them re-invest and build capacity for the
country’s future energy supply.
Power companies negotiated for an
upward revision of electricity tariffs in June
2008, a move that resulted in the relentless
rise in consumption bills that has directly hit
domestic consumers and manufacturers,
exerting pressure on prices of consumer
goods.
Although all cost elements used
by power companies in the setting of
electricity tariffs must be sanctioned by
energy economists based at the ERC, Mr
Mutoro says the escalating power bills
are evidence that the utility fi rms could
be unfairly passing on their operational
ineffi ciency costs to consumers.
“Without consumer representatives,
Kenyans cannot expect the ERC not to
favour the same people it is supposed
to regulate namely oil marketers, service
providers, government and power
companies,” said Mr Mutoro in a statement
sent to media houses.
KARA said it was particularly concerned
that consumers were being forced to
shoulder a lengthening list of “pass through
costs” that power companies have been
allowed to recover on the consumers’
electricity bills.
Such recoverable costs include the
“fuel cost charge,” which is allows power
providers to pass on to consumers costs of
buying diesel for thermal power generation,
an “inflation adjustment” levy and a
“foreign currency adjustment” charge which
allows the power utilities to recover forex
translation losses incurred in the ordinary
course of their business.
Financial statements of the Kenya
Power and Lighting Company shows fuel
cost adjustment charges on electricity
consumers almost doubled to Sh28.3
billion last year while foreign exchange loss
recoveries shot up to Sh2.3 billion from
Sh568.5 million a year earlier.
“In the end, this makes Kenya an
uncompetitive production center for
investors. It equally raises the cost of
essential goods and services thus pushing
the cost of living through the roof,” said Mr
Mutoro
Director general of the ERC, Kaburu
Mwirichia, however said while the law
allowed the previous energy sector
regulator — the Electricity Regulatory
Board — to preserve slots for nominees
by representative groups, the amended
Energy Act 2006 only permits such
bodies to present their views in writing for
consideration by ERC.
Mr Mwirichia added that the ERC
exposes any new tariff proposals for public
debate before they are passed into law and
also invites established consumer rights
groups to workshops that discuss issues in
the energy sector including change of power
tariffs.
“It was found that stakeholder
representatives on the regulatory board
were only keen on pushing the views of
their nominees and were not focused on the
bigger picture such as development of long
term power supplies for the country,” said
Mr Mwirichia.
The director general added that lobby
groups such as the Consumer Information
Network are regularly involved in the
ERC’s policy formulation process, a claim
that Business Daily could not immediately
confi rm as calls to the organization went
unanswered.
Analysts reckon that Kenya’s high
energy costs are to a large extent the result
of operational ineffi ciencies associated with
the monopolistic power generation and
distribution companies KenGen and KPLC
respectively.
The steep climb in fuel cost and foreign
currency loss adjustments passed on to
consumers by power utilities has particularly
turned the spotlight on the ERC as the body
that is supposed to protect consumers’
rights.
Some argue that although it is necessary
to cushion the energy companies from
periodic fl uctuations in generation and
distribution costs, the utilities should also
prove that they have made efforts to
manage those pass through costs in line
with international best practices.
Less competitive
Sudath Perera, the general manager
of apparel manufacturer Alltex EPZ Ltd,
says Kenya’s relatively high energy costs
have made locally manufactured goods
less competitive when compared to peer
countries such as Bangladesh, Egypt, India,
Indonesia, Madagascar and Sri Lanka.
Mr Perera says though pass through
costs and thermal generation are common
features in these peer countries, the fraction
of operating costs passed on to Kenya’s
consumers appear to be proportionately
much higher than in the competing
countries.
“Unfortunately KenGen and KPLC are
both monopolies and that is why it is easy
for them to pass on all costs to consumers,”
said Mr Perera in an earlier interview.
Courtesy: Business Daily
17.

CONSTITUTION
Limited objectivity in media
reporting, and not necessarily
narrow political interests and
contentious issues within the
harmonized draft constitution,
if unchecked could easily become the less
spoken about yet the most critical hurdle
that stands in the way of the elusive new
constitutional dispensation for Kenya.
That a number of media houses could
be accomplices in misdirecting public
debate is an understatement. Question,
therefore, remains: who will save Kenyans
from an overarching media that drives
national agenda through shadows of
usual faces of select politicians and
commentators, whose over-recycled views
are predictable even before they open their
mouths
Sample this: a politician springs up,
never mind whether he can have the
patience to read and appreciate any single
page of the draft constitution – yet he is the
same man allowed the precious airtime and
print space to say that failure to split his
constituency means no new constitution!
Being a leader, he obviously has followers
and most of whom take him at his word.
Secondly, the question of “two centres of
power” in reference to the executive powersharing
between the president and prime minister has been a cliché reference that will
certainly rock the boat. While this may not be a serious problem, at face value, the failure
by nearly all media houses to correct this political landmine (and legal nonsense) brings
objectivity and quality of our mainstream media reporting into sharp focus.
Why a political landmine Simply because it arouses emotion to have a president
elected through universal suffrage and yet remains subservient to an unelected prime
minister. It makes legal non-sense as the principle of power separation does not subscribe
to this unfolding ideology.
Again, it appears that most Kenyans want the president to have a fi nal say yet they
equally want him to be less powerful. What people are not saying is how and with whom the
president should either delegate or share his ‘imperial” powers with.
It won’t be an easy affair for Kenyans to have a full fledged devolution and realize
‘change’ if they go for a strict parliamentary or a presidential system of government. Limited
media coverage on untold issues for instance on who fi lls the vacuum occasioned by doing
away with the provincial administration is a cause for concern.
Thirdly, nearly all politicians opposed to the said “two centres of power” have the body
language of either the phobia or mania associated with the two “principals”. On this, the
media stands accused in making it appear as if specific individuals have already fi lled both
positions. Hence the thin line between the new constitution and the 2012 general elections
appear to have faded, thanks to the media.
Another useful question is whether our MP’s have the monopoly of newsworthy views
on the draft constitution Any keen observer on the constitution could easily agree that
media allows over 95% reactions (to the draft) from politicians. Private sector, civil society
and development partners struggle for the rest. In the fi nal analysis, we have the same
people telling us the same stories at political rallies.
Could it be that the media is giving away its moral authority at the expense of politics
If yes, would it be because the latter’s infl uence goes beyond media commercial interests
to ownership Ultimately the crux of the matter is: what is the role of media in constitutionmaking
and constitutional un-making
The media’s noble role in the society is to inform, educate and entertain. All these
18.

CONSTITUTION
XXXXXXXX PROFILE
aspects make media a useful partner in
socio-economic and political development.
But such an expectation must come with a
basic minimum set of ethics, decorum and
responsibility.
The reporting on the harmonized draft
constitution, while justifi ably sensational
on some occasions, has remained too
negative on average. Why A few days to
the launch of the draft, most media houses
had churned out un supported speculative
positions of what could have been
contained in the real document.
Others even begun serializing the
document the public had not seen. Then,
distressful headlines were rolled out day
after day. Differences in opinion within the
Committee of Experts (CoE) were overplayed
and unnecessarily aligned to the
high level political polarities.
When the draft came out, it appeared
to have outsmarted such forces bent on
making the draft still-born. Interestingly,
the zealous media interest to come out
full throttle with issues daily affecting the
ordinary citizen has dipped.
The media needs to go beyond
reporting. It needs to clearly demonstrate
that it is contributing towards the making of
our constitution and not unmaking it. More
fundamentally, we need to see the media
as a public watchdog ensuring that the
harmonized draft constitution guarantees
rights of marginalized groups in the society.
If achieved, this will push down the present
overt and covert confl icts in our country.
Offering alternative views will ensure
that Kenya has an inclusive and an allembracing
constitution and one that can
stand the test of time. Kenyans have long
lost their trust and confi dence in politics and
its practitioners. That politics works in the
interest of minority elite as opposed to a
majority voiceless people is self defeating
especially when the media is seen to always
front political opinion.
It is for this reason that “Wanjiku” and
her ilk will expect, at the bare minimum,
a media that walks the talk on building
trust across the different socio-economic
cadres. This will see our constitutionmaking
process become
‘people’ oriented rather than
process oriented. Such
a scenario can only be
attained through contextual
sensitivity. Our media
coverage need to critically
refl ect the fact that new
constitution is not and must
not be seen as a preserve
of politicians championing
short term selfi sh interest.
One would rightly argue that our media
is heavily reliant on advertisement for
survival. As a result, the competition at
times over the shrinking level of advertisers
compel some of them to surrender ethical
values. Could such surrender of ethical
practices impact on the new constitution Of
course yes.
As if it is an unwritten rule, it is unlikely
to see ‘negative’ coverage on blue chip
private sector players whose advertisement
budgets literally give a lifeline to media
outlets.
Is our media focused more on
monologue than on dialogue, recycling
of “knowledge” by repeatedly producing
same persons in radio and television talkshows
as well as newspaper interviews
and commentaries, often packaged as
‘experts’. The answer is yes. What is
needed, therefore, is to have our media get
to the grassroots and interview ‘experts’
outside Nairobi and ‘experts’ who tell their
real experience and not ‘experts’ who
are shadows of specifi c lines of political
thinking.
We want to see a media keen to
concretize abstract issues made by our
leaders from all spheres. More importantly,
it should communicate the same in an
honest way. Linking divergent opinion to the
draft constitution to the Mau Forest issue
for instance is part of a failed objectivity in
reporting.
Media must try to explore what could
be a common ground
that can take
the process
forward.
Anything short of this will intensify public
confusion and maintain an unnecessary
polarity on issues that are less contentious
at the expense of highly contentious issues
such as the chapter on lands, devolution
and the executive.
We should see our media spread civic
education by uniting different opinions into a
fairer ‘national’ one. A fair balance between
normative and objective reporting will do the
trick.
The worst case scenario is to have a
media house with an undeclared partisan
interest on a matter of national interest.
Issues of context sensitivity, public interest,
vocational ethos, enlightenment rather than
merely informing are some of the good
virtues missing on the draft constitution
coverage.
With press freedom guaranteed,
we should see a lot more rational and
analytical reporting on the issues of national
importance.
The media will stand accused if it
propagates an environment of negative
psyche. Instead, it ought to carefully explore
issues that unite the country as opposed to
those that divides us.
Indeed a time has come when our
media must be seen to respect ‘ethical
values’ of journalism especially on the
draft constitution. Otherwise, history will
harshly judge members of the fourth estate
especially if sensational reporting goes on
unabated.
19.

ENVIRONMENT
Was Raila Mau
Tree-planting
Contemptuous
By Juma Kwayera
The pledge to compensate illegal
settlers could prove decisive
in the Mau forest controversy
when an eight-year old case
in the High Court that has
restrained the Government from parceling
out trust land resumes next month.
Prime Minister Raila Odinga, who kicked
off the Mau forest complex re-afforestation,
risk being in contempt of the court
following High Court orders prohibiting the
Government from de-gazetting and excising
trust land, which includes the Mau forest.
Even as the culprits named in the Mau
Forests Complex Taskforce Report call
for compensation before they vacate, a
High Court ruling dated April 22, 2002,
criminalizes their claims. President Kibaki
is already in contempt after he defi ed the
orders and went to issue land title deeds
just before the 2005 referendum vote.
A three-judge bench consisting Justice
Richard Kuloba, Justice David Rimita and
Justice Joyce Aluoch in land a landmark
decision in July 2003 ordered the State to
provide names of individuals who own land
in Mau.
The directive has not been carried out
by the Attorney General’s Office.
The case has been in abeyance since
Justice Kuloba and Justice Rimita were
forced to step down in September 2003
in the infamous “radical surgery” in the
Judiciary.
In a civil application No 421 of 2002, the
Kenya Alliance of Resident Associations,
the East African Wildlife Society and the
Environment Liaison Centre, among others,
had petitioned the court to restrain the
Environment minister, the commissioner of
lands, the chief lands registrar, the principal
registrar of titles, the director of physical
planning and the director of surveys.
Ethnic dimension
Representing the applicants were
lawyers Stephen Mwenesi and Harun
Ndubi, who separately told The Standard
on Sunday the political and ethnic
dimensions the controversy had taken has
obscured fundamental constitutional and
environmental merits of the case. The case
will be heard on February 22-24.
“We had in addition to list of names
of Mau forest land owners, also wanted
the court to confi rm whether forests are
constitutionally protected. So, the planting
of trees and compensation of Mau forest
settlers would be in contempt of the court,”
Mwenesi says.
In addition, the application seeks a ruling
on whether the repeal of the Forest Act in
2005 was in breach of the Constitution.
The case has been in abeyance since
2003 when relevant fi les mysteriously
disappeared from the registry.
Contacted over the new developments
in the saga, head of communications in the
Prime Minister’s offi ce, Mr Dennis Onyango,
said he had “heard” of the case.
“The Prime Minister has always opposed
compensation for the large landowners.
His position has been that excisions should
never have taken place and the land was
acquired illegally. But he wanted some
humanitarian assistance for those who
got small parcels believing the land was
genuinely on sale,” Onyango says. He says
20.

ENVIRONMENT
XXXXXXXX PROFILE
there was a genuine reason for Parliament
to re-amend the insertions in the original
taskforce’s report to seal loopholes that
would be exploited by other grabbers.
Legal Issues
Mwenesi and Ndubi also acknowledge
that any decisions made before the legal
issues are dispensed with are fraught with
serious risks. Their fears are a result of
recommendations by Mau Forests Complex
Taskforce Report, which provides for
compensation for third party purchasers.
While Ndubi says compensation would
be perceived as rewarding impunity,
Mwenesi says it would trigger a fl urry of
demands for compensation by individuals
accused of having grabbed public property.
In their ruling, the judges directed it
would be contemptuous if “any decision
or action by the respondents jointly or
severally or any other person or offi cer of
the Government to alienate the whole or
any portions of land respectively described
in the schedule to those legal notices,
unless the law has been properly applied
to such alienation prior to the date of this
order.”
Against this verdict, the Government
was only allowed to engage in activities
that would enhance the protection or
conservation of the forests as spelt out in
the application.
“If the excisions were illegal, then it
follows the titles issued by former President
Moi and President Kibaki were also illegal.
The initial allottees were aware of what they
were, which is why they transferred their
parcels to third parties,” says Ndubi.
Forestry and Wildlife Minister Noah
Wekesa, rekindled the debate when he
hinted the Government would pay for
structures built on grabbed land.
The debate heated up when Agriculture
Minister William Ruto said leaders from the
Rift Valley would not relent in the push for
compensation.
Ruto maintains, “Kalenjin MPs from
the Rift Valley irrespective of their political
affi liation are united and will not relent in
their struggle to have the squatters and
prominent people in the Mau resettled or
compensated.”
This militancy has come up against
stiff resistance, with lawyers warning
a high possibility of people named in
Ndung’u commission’s report on illegal
land acquisitions taking the cue to demand
similar treatment from the Government.
Planning Minister Wycliffe Oparanya
says the constant shifting of positions
is motivated by a desire by some of the
benefi ciaries of irregular acquisitions to “sell
back to the public what they grabbed”.
Blanket compensation
“The people pushing for blanket
compensation are the same ones named in
the Ndung’u Commission’s Report and other
reports as having stolen public property.
They want to set precedent, which in the
long run they cite to force the Government
to pay them for irregularly acquired
property,” says Oparanya.
The commission’s report refers to how
ministers and senior Government offi cials in
the Moi and Kibaki administrations illegally
acquired road reserves, public parks, public
toilets, schools, prisons land and Agricultural
Development Corporation (ADC) farms.
Courtesy: The Standard Newspaper
21.

WATER
The Kenya Water and Sanitation
CSO’s Network (Kewasnet),
held its end of year retreat in
December last year to review
its successes, challenges
and strategies for 2010. The workshop
was attended by over twenty participants
composed of Kewasnet members and
partners.
During the deliberations, participants
were unanimous that the Ministry of Water
and Irrigation is facing serious governance
challenges both at the headquarters and
within the sector institutions.
The unilateral appointment of senior
management and directors of boards at
various sector institutions by the minister
was singled out as a strong indication of
disregard for basic governance practices
within the ministry. Politicians and
individuals with no proven experience in the
water sector were appointed to sit on the
boards of critical institutions in the sector.
In addition, Kewasnet noted that some
public institutions in the water and sanitation
sector are unable to demonstrate value
for money to justify their existence. Such
institutions receive huge funding from the
government yet they have weak oversight
mechanisms in place which leads to
misappropriation of funds.
Perpetrators of such misappropriation
are hardly held to account as was the
case with the National Water Corporation
where directors were fi red over corruption
allegations but were never charged in a
court of law.
To address this situation, Kewasnet is
currently conducting a governance audit
within the MWI and sector institutions with a
view of proposing remedial measures. The
audit will provide the ministry with credible
information which it can use to meaningfully
rate its performance and address present
governance challenges it is facing.
The views of the network regarding
the governance lapses have been
communicated to the minister through a
letter that she is yet to respond to.
On the constitutional review, Kewasnet
was of the opinion that the establishment of
regional governments will have far reaching
effects on the provisions of Water Act 2002
and may erode the gains made so far under
the reforms. The existing water institutions
may be scrapped if the proposed devolution
is adopted. The same sentiments were
communicated to the Committee of Experts
on constitution for their consideration.
On climate change, Kewasnet is to
work with Kenya Climate Change Network
to ensure that the lessons learnt from the
Copenhagen meeting are domesticated for
the benefi t of Kenyans.
To promote intra-networking, Kewasnet
members resolved to regularly share
information regarding their activities and
partners. Participants agreed to actively
FEEDBACK
engage in evidence based advocacy and
ensure that the service providers are
constantly held to account. Consideration
will be given to establishment of subregional
networks across the country
in order to strengthen and effectively
coordinate the activities of the network.
Kewasnet also resolved to strongly
assert itself in 2010 and ensure that the
practice of good governance in the water
and sanitation sector by all stakeholders is
a norm rather than an exception. Members
are expected to observe high standards of
ethics in order to forge the moral authority to
question bad governance by other players.
“It has been my pleasure receiving all the updates from KARA in 2009, and
thank God for the great work that you have been doing to this country. I believe in
2010 there will be more to share from you”. Beatrice Kabuitu, Resident, Nairobi
“ Neighbourhood Kenya eighth edition is very informative especially on
development planning in Kenya”. Dr. Bitange Ndemo, PhD,CBS, Permanent
Secretary, Ministry of Information and Communication
“We are pleased to inform you that after almost a year of going without water at
our premises, the water is fi nally fl owing through the taps. We thank KARA/Nairobi
Industrial Area Business and Residents Association (Niabra) for their efforts in
helping us achieve this. Please keep up the good work”, Mr. A. Kantaria, Redhill
Investments Limited
“This is to commend you for the great job you and your team are doing. In the
midst of the current political, environmental and socio-economic mess that we
fi nd ourselves in, Neighbourhood Kenya remains a beacon of hope and reason
for the poor Kenyan souls. It is even exciting to learn that you are going regional
via Eafra. Surely – “together we will” - because we have goodwill”, Simon Lokorio,
resident, Nairobi
“Thank you very much for keeping us informed on what is taking place
countrywide “. Joseph Mukewa,Christian Human Rights For Justice
22.

XXXXXXXX PROFILE SURVEY
For the last two months, we gave our readers
a chance to nominate the “Top 10 Hotels,
Restaurants and Lodges” which offer the best
value for money, hospitality, among other virtues.
Results are here below. We congratulate the
winners. The listing does not necessarily refl ect
Kara’s position.
Top 10 Hotels, Restaurants
and Lodges:
1. Kilaguni Serena Safari Lodge
2. Sarova Whitesands Beach Resort & Spa
3. Windsor Golf Hotel & Country Club
4. Fairmont The Norfolk Hotel
5. The Panari Hotel
6. InterContinental Hotel– Nairobi
7. Laico Regency Nairobi Hotel
8. Nairobi Serena Hotel
9. Lewa Safari Camp
10. Sarova Panafric Hotel
23.

COMMUNICATIONS
Hoax of cheap fibre optic internet:
Letter CCK won’t reply!
for instance on the FOC itself, has been
maintained on your low priority listing.
“This development negates the essence
of fair regulation, spirit and substance of
CCK’s continued support by the taxpayer.
From the foregoing, we wish to demand
as we hereby do as follows;
(a) That CCK shows
cause why it must not be deemed to
be sleeping on the job, abdicating
its regulatory responsibility and/or
being an accomplice in the immoral
manner with which operators are
said to be making 2,000% profi ts.
On October
1st, 2009,
Kara
wrote
to the
Communications Commission of Kenya
director general Eng. Charles Njoroge. Not
even the numerous reminders could elicit
a response from the CCK boss who is not
only mum but remains conspicuously absent
from the public scene. Two questions; has
anyone seen Eng. Njoroge and two, can
someone persuade him to respond to the
concerns below, in the public interest
“We trust this letter fi nds you well. We
at Kara are writing this open letter to draw
your kind attention to the above-mentioned
article appearing on the back page of
today’s Daily Nation. It was only a matter of
time before our membership was to make a
strong case against the same. Fortunately
for us, your parent Ministry has already
blown the whistle, and right on time.
“In the said article, Information and
Communications Permanent Secretary Dr.
Bitange Ndemo is quoted in part as saying
that, “the shareholders (operators) are
making a massive 2,000% profi t from selling
their capacity before the cable offi cially goes
live”. This
revelation, coming
from Government as it does, is truly
shocking to say the least. From the outset,
we must commend Dr. Ndemo for coming
out very strong, and in the public interest.
“Needless to mention and for a
considerable period, the government has
maintained that the Fibre Optic Cable
(FOC) was meant to drastically change lives
in terms of lowered costs and increased
access to the internet. Two months after the
internet FOC was reported to have landed
and gone live, the pledges have not come
to be. On the contrary, the consumer is
being over-exploited and is still unsure as
to whether or not the internet being used
today is actually sourced through the FOC
or the satellite. This uncertainty is in itself
creating avenues for mis-information, underinformation
and consumer exploitation.
“From the foregoing, therefore, it is
evidently right for Kara (and Kenyan
consumers at large) to conclude that the
CCK has surely failed in its principle duty
of ensuring fairness between service
operators and consumers. As observed
since inception, the CCK operations have
appeared to be unfairly skewed in the
interest of the operators and at the expense
of helpless consumers. This observation
is based on the fact that investment on
consumer education and awareness,
(b) That CCK gives a
defi nite date by which it shall have
assessed the operators’ input costs,
margins, time to “recoup” and recommend
the ceiling unit cost of internet. Operators
who defy the same must be named and
shunned by consumers.
(c) That CCK immediately undertakes
a consumer awareness and education
on the FOC and other consumer focused
information, education and communication
priorities.
(d) That CCK confi rms whether
indeed the FOC internet can actually reach
the end user through (Wimax) satellite
equipment
(e) That CCK creates incentives to
attract more local players in the internet
service provision in order to induce more
competition and thereby allow for market
forces of supply and demand to bring down
the costs of internet in the same was the
mobile telephony has.
“We hope that you will take note of the
enormity of this issue and act with speed
and to the satisfaction of the Kenyan
taxpayer, to whom, CCK must continually
demonstrate the real value of its existence.
We look forward to your earliest and
favourable response. Thank you.”
24.

XXXXXXXX PROFILE REPORT
In Brief: Citywide Residents
Associations Action Plans
KARA in partnership with the Ford Foundation
has facilitated the establishment of Citywide
Residents Associations (CRA) in various
Provincial headquarters and towns. The CRAs
aim at localizing the work of KARA by promoting
transparency and accountability in local governance and
hence improving access to service delivery. They also provide
channels through which public participation in service delivery
processes will be enhanced.
The Nyeri CRA has initiated a number of activities aimed
at strengthening its membership and creating awareness on
service delivery issues. Meetings have been held with various
parties such as the Nyeri Water and Sewerage Company
and NEMA to introduce the association and discuss possible
ways of working together. A road safety awareness campaign
is also planned as well as football tournament involving the
various districts within the Central Province. The tournaments
will provide opportunities for publicizing the association and
providing information on citizens’ roles in service delivery.
In Eldoret, door to door introductory meetings are being
held at residential areas and with corporate organizations
to strengthen membership of the association. Meetings
with senior government offi cials such as the town clerk
have been planned to discuss areas of partnerships.
Kitale CRA’s are planning a forum with the mayor and
all councilors to discuss service delivery challenges in
the area. Meetings have also been planned with Saboti
Constituency Development Fund on the usage of the
funds. Similar meetings will be held with those managing
other devolved funds in order to understand and ensure
proper usage of the funds.
In Mombasa, a good working relationship with the
council has been established and joint public forums
to create awareness on the council’s service delivery
charter are being planned. The association is also seeking
partnership with strategic entities to help in fundraising and
supporting its activities.
NOTICE BOARD
22-2-2010:
Kara Mau forest case
court hearing
23-2-2010:
Kara Governing
Council meeting
8-3-2010:
Kara 18th
Bi-monthly
talk series.
15-3-2010:
5 day Kewasnet
advocacy workshop
31-3-2010:
Kara Annual general
meeting
Always:
Please support
us!
For comments,
suggestions and
contributions,
please contact
the editor
Neighbourhood Kenya
on
Tel: 020 3874331/
2341515/ 0725 983445
email: info@kara.or.ke
email: kara@eafra.net
Visit our website
www.kara.or.ke
25.

pictorials
Through KARA’s Lens
B
B
A
C
D
E
F
F
A.. KEWASNET members at the end of year retreat
B. Governing Council Members at a press
conference C. Participants follow proceedings at a BTS D. GC member Prof. Yash Pal Ghai
addresses members E. Prof. Richard Leakey at a past function F. Participants at a past function
26.
26.

XXXXXXXX PROFILE