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MARCH 2012<br />

20TH EDITION<br />

neighbourhood<br />

KENYA<br />

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

Infrastructure<br />

Blessings and<br />

curse of Thika<br />

Super-highway<br />

Cartels<br />

Dirty tricks that<br />

enrich few and<br />

impoverish millions<br />

The Dew Dawn<br />

The <strong>Kenya</strong> Alliance of<br />

Resident Associations<br />

of Justice<br />

www.kara.or.ke


COVER STORY<br />

Editor’s<br />

Note<br />

Welcome to the <strong>20th</strong> edition of your<br />

preferred public service delivery<br />

focused journal. We appreciate<br />

your support and encouraging<br />

feedback.<br />

2012 has begun on a very dramatic note for<br />

<strong>Kenya</strong>ns as the real impact of the Constitution<br />

begins to manifest itself. <strong>Kenya</strong>ns are more assertive<br />

and are demanding strict fidelity to the Constitution.<br />

As a result, senior Government offi cers such<br />

as the Deputy Chief Justice Ms. Nancy Baraza,<br />

the Deputy Prime Minister and former Head of<br />

Public Service Mr. Francis Muthaura who found<br />

themselves on wrong side of the law have been<br />

compelled to relinquish their respective positions.<br />

The demonstrated citizens’ vigilance and demand for<br />

the respect of the rule of law must be sustained to<br />

realize the full impact of the Constitution.<br />

In this edition of our journal, we focus on security<br />

issues and bring you arguments for and against<br />

having a civilian Inspector General to head the<br />

<strong>Kenya</strong> Police Service and the impact on the much<br />

anticipated police reforms.<br />

Also read about diverse views on the proposed<br />

phasing out of the 14 seater matatus. Will such a<br />

move solve traffic congestion on our roads or there<br />

is need for a more integrated transport system<br />

The construction of the Thika-Superhighway is<br />

near completion. But what exactly will be the impact<br />

of the superhighway on <strong>Kenya</strong>’s economy and the<br />

regular users We bring you experts’ views on the<br />

various aspects of the superhighway and its impacts.<br />

We also bring you experts’ views on whether<br />

<strong>Kenya</strong>ns have begun experiencing the full impact<br />

of the Constitution of <strong>Kenya</strong> and how the ordinary<br />

citizens are benefiting. What lessons can be drawn<br />

from the recent predicament of the suspended<br />

Deputy Chief Justice and how can that be attributed<br />

to the Constitution<br />

On the <strong>Kara</strong> front, we continue with the<br />

sensitisation of the public on key principles of<br />

devolution and roles and responsibilities of the<br />

citizens in achieving a responsive devolution<br />

process.<br />

Among other activities, we have held<br />

sensitisation forums in 10 Counties and still have six<br />

more lined up. The second Annual Media Excellence<br />

Awards will be hosted at the end of the year and we<br />

will soon request you to nominate candidates for the<br />

awards.<br />

We look forward to a rewarding 2012 with<br />

enhanced access to public service delivery. As<br />

always, we are counting on your support and active<br />

participation in our programs. Thank you!<br />

The new dawn<br />

of Justice<br />

When Chief Justice Willy<br />

Mutunga assumed<br />

offi ce in June last year,<br />

he made a vow to<br />

indiscriminately root out corruption and<br />

impunity in the country. Mutunga, who is<br />

also the president of the Supreme Court,<br />

emphasised that his mission was diffi cult yet<br />

achievable.<br />

In a country where the high and mighty<br />

have always had their way, analysts swiftly<br />

warned that to transform a judiciary widely<br />

seen as ineffi cient and corrupt, we should<br />

stand up to the political elite, powerful<br />

businessmen and other groups deemed<br />

untouchable in the past.<br />

While Mutunga has been commended<br />

for making a positive and bold start that<br />

has seen him strongly stand by judges who<br />

have made rulings that have rubbed even<br />

the political elite the wrong way, one of<br />

his trickiest tests yet came when his own<br />

deputy strayed into murky waters.<br />

On New Year’s Eve, Deputy Chief<br />

Justice (DCJ) Nancy Baraza made<br />

unexpected headlines after Rebecca<br />

Kerubo, a guard at the Village Market<br />

shopping mall, claimed she threatened her<br />

with a gun. The claims elicited widespread<br />

uproar with the public calling for Baraza’s<br />

resignation and subsequent prosecution.<br />

Sensing the negative image that the<br />

newly-constituted judiciary was gaining<br />

due to the incident, Mutunga immediately<br />

summoned an emergency session of the<br />

Judicial Service Commission (JSC) to<br />

discuss the shopping mall incident. The<br />

JSC is the body that employs judges,<br />

magistrates and other judicial offi cers and<br />

can equally discipline judiciary offi cials or<br />

recommend to the President that a tribunal<br />

be formed to remove a judge from offi ce.<br />

A sub-committee formed to probe<br />

the incident recommended that the JSC<br />

petitions the president to have Baraza<br />

removed from offi ce, just eight months<br />

after she endured gruelling and at times<br />

extremely embarrassing public interviews<br />

to secure the job. And that was not all as<br />

the police have recommended that the DCJ<br />

faces criminal prosecution.<br />

With Kerubo expected to have been<br />

the outright loser in such a duel in the past,<br />

the bold and decisive action proposed<br />

3.


COVER STORY<br />

From Page 3<br />

New justice...<br />

against Baraza has not only drawn mixed<br />

reactions but also raised critical questions.<br />

Could it be a sign of the end of impunity<br />

in <strong>Kenya</strong> Has the new constitution fi nally<br />

guaranteed Wanjiku the rights she has<br />

always been denied<br />

Kerubo, says she is relieved that the<br />

ordinary citizen now seems to have a say<br />

when it comes to duels pitting the high<br />

and mighty against lowly.<br />

“Mnyonge hakuwa na haki hapo<br />

mbeleni lakini mambo yamebadilika na<br />

sasa ako na haki (the poor did not have<br />

rights in the past but the situation has<br />

changed and now they do),” she notes.<br />

According to Maina Kiai, a UN Special<br />

Rapporteur on the rights to freedom of<br />

peaceful assembly, JSC’s decisiveness on<br />

the matter might be an ideal opening for<br />

the judiciary to garner public confi dence.<br />

Acknowledging that the old days of<br />

impunity are disappearing, Kiai says by<br />

not demeaning the issue, the judiciary has<br />

set a convincing precedent on how public<br />

"Mnyonge hakuwa na haki<br />

hapo mbeleni lakini mambo<br />

yamebadilika na sasa ako na haki<br />

(the poor did not have rights in<br />

the past but the situation has<br />

changed and now they do),"<br />

servants should behave.<br />

The human rights activist lauds the<br />

way Kerubo stood her ground against the<br />

deputy chief justice, noting that if handled<br />

aptly, this could be the defi ning moment in<br />

the transformation <strong>Kenya</strong>ns crave.<br />

“As <strong>Kenya</strong>ns enjoy the new<br />

Constitution and the changes that it<br />

promises, more ordinary people will stand<br />

up to be counted and for themselves,<br />

certain of a fair hearing,” Kiai notes. He<br />

says it is only when ordinary people do<br />

extraordinary things that change comes.<br />

Former Kibwezi MP Kalembe Ndile,<br />

who has been a consistentl vocal<br />

advocate for the voiceless, says the fact<br />

that severe action was taken against<br />

Baraza is a positive sign that the new<br />

constitution is ensuring that the ordinary<br />

citizens are also heard.<br />

But he opines that the JSC verdict<br />

could have been politically motivated and<br />

expresses hope that the justice accorded<br />

to Kerubo will not be a one-off affair.<br />

Peter Gichira, a human rights activist,<br />

notes that the JSC’s bold verdict will give<br />

everyone a chance to obey the law as it<br />

will be clear that the law is about justice as<br />

opposed to position in society.<br />

“The ruling marked the day when men,<br />

women, children and the old were given<br />

reason to entrust their lives, property and<br />

destiny in the law and a judicial system<br />

headed by men and women of honour,<br />

who truly believe that justice is indeed, our<br />

shield and defender,” he states.<br />

But Bishop William Abuka of the Faith<br />

Community Fellowship in Nairobi differs.<br />

He says Baraza’s case does not represent<br />

justice for the lowly and that the DCJ is<br />

a victim of public lynching. He notes that<br />

action against Baraza is discriminative<br />

rather than constitutional no such action<br />

has been taken against other public<br />

offi cers accussed of arrogance.<br />

“We appreciate the new constitution<br />

and that it gives everyone a chance to<br />

enjoy liberty. But as much as Baraza<br />

was wrong and treated someone with<br />

arrogance, the fact of the matter is that<br />

she has been used as a sacrifi cial lamb by<br />

individuals who have vested interests,” the<br />

bishop asserts.<br />

Disclaimer:<br />

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

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

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<br />

part can be published in anyway without express permission.


OUR PEOPLE<br />

OUR PEOPLE<br />

VALLEY VIEW RESIDENTS<br />

ASSOCIATION (VVRA)<br />

Valley View Estate, which comprises 418<br />

housing and 7 trading units, is located about 30<br />

Kms from Nairobi along Mombasa Road, just<br />

after Mlolongo Trading Centre at the valley overlooking the<br />

Kenchic Hatchery – thus the name of the association. The<br />

houses were developed by Harp Developers with the first<br />

habitants streaming in early 2006.<br />

The challenges faced by the residents then, which<br />

included lack of an access road to the estate from<br />

Mombasa Road, poor garbage and waste management in<br />

the estate and security concerns, were among the needs<br />

that caused the formation of the Association in 2008 and<br />

consequent registration as a Society in April 2008 and<br />

further joining KARA in 2010.<br />

To manage its needs, the Association is served by 16<br />

staff headed by an Estate Manager. Other than general<br />

maintenance, security and cleanliness of the estate, the<br />

estate manager coordinates the daily matters relating to<br />

the welfare and needs of the residents in consultation with<br />

the estate’s Executive Committee (ExCo). The Association<br />

has had fruitful engagements with the developer and<br />

government agencies including Mavoko County Council,<br />

MAVWASCO, NEMA, KeNHA through the ExCo, at<br />

times in conjunction with KARA to ensure the welfare of<br />

the residents is met.<br />

Residents contribute a monthly service charge that<br />

covers staff and common area costs including security<br />

lights, water and garbage collection. Maintenance costs<br />

and improvements are met from these funds.<br />

To build good neighbourliness, the association has<br />

enhanced lane meetings that culminated in successful<br />

lane end of year parties that give residents opportunities<br />

to closely interact and forge unities. There is also a<br />

jogging group that also builds contacts among residents<br />

as they keep fit. For communication purposes, VVRA<br />

maintains a Google Group email address where<br />

residents are listed after execution of requisite form.<br />

Notices and general communications are posted through<br />

this media.<br />

Nutritious Meals in Minutes: Recipe One<br />

‘The Perfect Hot Dog’<br />

Ingredients: Farmer’s Choice Frankfurters or Viennas<br />

Method: Heat, Seat, Eat.<br />

Serves 4<br />

Farmer’s Choice - Keep it Simple!<br />

Pork Frankfurters, Beef Viennas and Poultry Viennas are available from your favourite supermarket. Kids love ‘em!<br />

www.farmerschoice.co.ke


PERSPECTIVE<br />

Italian Ambassador:<br />

The future is bright<br />

for <strong>Kenya</strong>/Italy<br />

diplomatic relations<br />

In life it is not always that we live our<br />

dreams as circumstances at times<br />

force us to pursue interests that are<br />

different from our initial aspirations.<br />

However, Her Excellency Paola Imperiale,<br />

the Italian Ambassador to <strong>Kenya</strong> and<br />

Seychelles, is living her dreams as her<br />

childhood ambition was to be a diplomat. It<br />

is clear from interacting with her that she is<br />

passionate about diplomatic issues and has<br />

spent most ofher life serving her country in<br />

various capacities in the diplomatic circles.<br />

A graduate of Political Science and Law<br />

from University of Rome, she started her<br />

career in 1975 and has risen through the<br />

H.E. Paola Imperiale,<br />

the Italian Ambassador<br />

to <strong>Kenya</strong> and Seychelles.<br />

At present, the<br />

Italian Government<br />

is funding 19 projects<br />

in <strong>Kenya</strong> worth<br />

Kshs.60 billion in<br />

priority areas of<br />

water, health, urban<br />

development and<br />

emergencies<br />

ranks to her current position. She also<br />

undertook professional training at the Italian<br />

Diplomatic Institute in the early part of her<br />

career.<br />

While she has spent her career life in<br />

diplomatic circles, it is the fi rst time she is<br />

representing her country as an Ambassador.<br />

She has been in <strong>Kenya</strong> since March 2011<br />

and is proud of the cordial relations between<br />

the two countries.<br />

“At present, the Italian Government is<br />

funding 19 projects in <strong>Kenya</strong> worth Kshs.60<br />

billion in priority areas of water, health,<br />

urban development and emergencies,” she<br />

explains. Through the <strong>Kenya</strong> Italy Debt for<br />

6.


PERSPECTIVE<br />

Development Programme (KIDDP), the<br />

Italian Government has been supporting<br />

<strong>Kenya</strong> to reduce its external debt burden<br />

while at the same time sustaining its efforts<br />

towards achieving the development targets<br />

set by the national policies and Millennium<br />

Development Goals. On Humanitarian<br />

assistance, an initiative worth Kshs.120<br />

million has been approved to support<br />

332,000 Somali refugees in Dadaab camps<br />

.<br />

Apart from development initiatives, the<br />

Ambassador is also keen to enhance the<br />

diplomatic relations between <strong>Kenya</strong> and<br />

Italy through promotion of cultural practices.<br />

In this regard, she invited a renowned Italian<br />

Orchestra to perform in <strong>Kenya</strong> last year<br />

and hopes that such initiatives will provide<br />

platforms for <strong>Kenya</strong>ns and Italians to learn<br />

from each other in terms of their cultural<br />

practices.<br />

Despite the good relations between the<br />

two countries, she says there is still much to<br />

be done regarding the bi-lateral economic<br />

ties and she is determined to enhance the<br />

ties during her tour of duty.<br />

The envoy says that one strong attribute<br />

that <strong>Kenya</strong> has is the vibrant media. “The<br />

media in <strong>Kenya</strong>, just like in other countries,<br />

plays a signifi cant role in keeping the public<br />

informed on various political and socioeconomic<br />

issues and this is very important<br />

for the growth of the country,” she explains.<br />

She sees the implementation of the<br />

Constitution of <strong>Kenya</strong> as the main priority<br />

for <strong>Kenya</strong>ns and reaffi rms her country’s<br />

commitment to ensure the process is on<br />

track. Regarding the ongoing situation in<br />

Somalia, the Ambassador calls for patience<br />

to allow the international organs such as the<br />

United Nations Security Council to make<br />

an informed decision that will lead to a long<br />

lasting solution.<br />

Her position on the ongoing International<br />

Criminal Court (ICC) process in regards to<br />

the 2007 post election violence is that the<br />

ICC should be allowed to fulfi ll its mandate<br />

under the Rome Statute and ensure justice<br />

is delivered.<br />

Ms. Imperiale’s typical day is spent<br />

reading historical books of ancient and<br />

medieval ages. She also likes gardening<br />

and walking as a way of exercising. She has<br />

no specifi c mentor: “I draw inspiration from<br />

fellow colleagues who have helped shape<br />

my diplomatic career and I can say that they<br />

are my mentors,” she says.<br />

What constitutes happiness for her “I<br />

think that happiness is a very big word<br />

with a lot of meaning. It is diffi cult to reach<br />

happiness during your own human life.<br />

Happiness includes constant efforts to try and<br />

avoid bad things and get the good aspects<br />

of a situation. Happiness must transcend<br />

material possession, it must be an effort<br />

to change one’s personality especially the<br />

negatives bits and to accept the others for<br />

who they are,” she explains.<br />

She has a son who is currently a student<br />

at a university in Italy. She has a younger<br />

brother whom she has a lot of affection<br />

for and is a lawyer back in Italy. When she<br />

fi nally calls it a day in her diplomatic career,<br />

she hopes to put to use her legal training<br />

and start practising law.<br />

7.


security<br />

Police Reforms:<br />

Is a civilian service<br />

head the answer<br />

Is <strong>Kenya</strong> ready for a civilian police<br />

boss This is one question that has<br />

triggered fi erce debate in the country<br />

amid attempts to have the police<br />

service conform to the new constitutional<br />

order.<br />

The nation is currently awaiting the<br />

appointment of members of the National<br />

Police Service Commission (NPSC), who will<br />

subsequently be responsible for the hiring of<br />

the country’s fi rst Inspector General of Police.<br />

But the fact that the constitution<br />

indiscriminately allows any qualifi ed <strong>Kenya</strong>n<br />

to apply for the position has generated<br />

controversy. While this might pave way for a<br />

civilian to take over the topmost management<br />

of the police service, senior offi cers of the<br />

<strong>Kenya</strong> Police have openly opposed any such<br />

move.<br />

The offi cers are adamant that the Police<br />

should be led by a trained professional, with a<br />

section of <strong>Kenya</strong>ns also terming this a ploy by<br />

non-governmental organizations to have one<br />

of them as the police boss. But the issue has<br />

attracted as much support as opposition, with<br />

some opining that having a civilian police boss<br />

will be the best way to cleanse a force that has<br />

for decades been dogged by a poor image.<br />

Among those who have outrightly opposed<br />

the move are Police Spokesman Eric Kiraithe<br />

and his deputy Charles Owino, as well as<br />

Criminal Investigations Department CID<br />

Director Ndegwa Muhoro.<br />

It is Owino who fi red the fi rst salvo when<br />

he stated that Vigilance House, the police<br />

headquarters, is not be a training ground for<br />

civilians who want to be police officers and get<br />

leadership posts. “We have competent offi cers<br />

who can be inspector general,” he noted.<br />

The CID chief has also made it clear<br />

that <strong>Kenya</strong> is not ready for a civilian police<br />

boss.<br />

“Police is not G4S, Group 4, Securex or<br />

Wells Fargo that needs a managing director<br />

to run it well. This is a professional institution<br />

that needs a professional to guide it and we<br />

have qualified offi cers to be appointed to that<br />

position,” he exclaimed.<br />

The comments have drawn mixed<br />

reactions from the government and private<br />

sector, with some even accusing Owino of<br />

threatening mutiny in the police force while<br />

enjoying the blessings of his seniors.<br />

But Owino has since made his position<br />

clear. He says the constitution calls for a<br />

professional to be the inspector general of<br />

police and notes that in his opinion; only<br />

a trained police offi cer can be deemed a<br />

professional in police matters.<br />

“Let’s not have formed opinions that we<br />

do not have qualifi ed policemen. What I said<br />

is that we do not need a civilian police boss<br />

now since you cannot separate operation and<br />

management within the police force,” he notes.<br />

And being an election year, Owino notes<br />

that the country should not gamble with<br />

security by hiring a civilian, a move he says<br />

would inevitably draw some form of resistance.<br />

But he is quick to note that the force would not<br />

mind having an experienced foreigner as the<br />

boss in the meantime in a bid to facilitate a<br />

smooth transition.<br />

8.


security<br />

“Let the best brains come forward but the<br />

fact is that we will beat civilians hands down<br />

during interviews,” he affi rms.<br />

Police spokesman Kiraithe echoes Owino’s<br />

views.<br />

“The inspector general of police is, as<br />

established under the constitution, supposed<br />

to take command. He is neither a politician nor<br />

a supervisor, but a commander. Those talking<br />

about a civilian police boss are missing the<br />

point,” he says.<br />

Kiraithe says the police force ought to be<br />

led by a qualifi ed police offi cer but assures that<br />

if a civilian gets the nod, he will be welcomed<br />

and supported.<br />

But there are those who believe the police<br />

force should be marshaled by a civilian if the<br />

perceived culture of impunity within the force is<br />

to be checked.<br />

Muslim for Human Rights (Muhuri)<br />

Executive Director Khalid Hussien says the<br />

police force should be led by a civilian as the<br />

inspector general if it is serious about reforms.<br />

He states that only a civilian will inject fresh<br />

blood into a police service that he notes is<br />

characterized by deep impunity and a culture<br />

of mistrust.<br />

“The judiciary has already set precedence<br />

by hiring Dr. Willy Mutunga from the NGO and<br />

he has brought significant reforms within a<br />

very short time. The police should not be an<br />

exceptionand should hire a qualifi ed outsider<br />

who stands for change,” Khalid states.<br />

He disputes claims by senior police<br />

offi cers that only trained policemen can<br />

qualify as security professionals and notes<br />

that the private sector has well-educated and<br />

experienced security experts who can deliver.<br />

But there are those who believe the<br />

position should be handed to any qualified<br />

<strong>Kenya</strong>n, provided he delivers quality service.<br />

“It matters less where the inspector general<br />

will come from, be it a civilian or a police offi cer<br />

provided he is qualified and meets the set<br />

standards,” states Capt [Rtd] Simiyu Werunga,<br />

a security expert.<br />

He urges police officers opposing a civilian<br />

as the inspector general to hold their guns<br />

and welcome any outcome as they are not the<br />

ones who advocated for reforms in the police<br />

force.<br />

Werunga’s sentiments are echoed by<br />

former <strong>Kenya</strong> National Commission on Human<br />

Rights (KNCHR) commissioner Omar Hassan,<br />

who affi rms that the constitution allows any<br />

qualifi ed <strong>Kenya</strong>n to apply for the police top job.<br />

Former Internal Security Permanent<br />

Secretary Francis Kimemia has also been<br />

quick to call for calm among police offi cers<br />

opposing the hiring of a civilian, saying the<br />

constitution should not be opposed.<br />

Kimemia, who is noe head of civil service,<br />

wonders why police are reluctant to accept a<br />

civilian as their boss yet the military has never<br />

had such protests despite being led by the<br />

president, who is a civilian.<br />

Before the current Police Commissioner<br />

Mathew Iteere assumed offi ce, the police force<br />

was under Major Gen. Hussein Ali, a military<br />

man who albeit taking time to settle in his job,<br />

was deemed effective.<br />

9.


FOCUS<br />

As 2012 maneuvers the teething<br />

stage, the fact that the year<br />

will be a defi ning period in the<br />

country’s history seems not lost on<br />

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

And it will not only be momentous due to a<br />

probable general election and subsequent transition<br />

from one presidency to another. It is also the year<br />

when the country will face major institutional,<br />

governance and administrative changes that could<br />

highly transform service delivery. This is not to<br />

mention several appointments anticipated in various<br />

government authorities, and which could eat into,<br />

stagnate or build on recent gains.<br />

The most crucial, and perhaps the most<br />

sensitive event in 2012, would be the General<br />

Elections. If the two principals concur that the<br />

elections be held at the end of this year, the<br />

expected political duel would be signifi cant in<br />

various ways.<br />

First, they will be the first polls since the<br />

disputed 2007 elections that triggered widespread<br />

ethnic violence and hatred, the worst in the country<br />

since independence. Secondly; they will be the fi rst<br />

presidential polls under the new constitution and<br />

unarguably the most sophisticated ever.<br />

While the polls will pose a key test to the<br />

citizenry and the leadership alike, the main test<br />

will fall in the hands of the Issack Hassan-led<br />

independent Electoral and Boundaries Commission<br />

(IEBC). With the 2007 polls having almost plunged<br />

the country into civil war, it will be IEBC’s duty to<br />

restore public confidence in the electoral process<br />

and avert any tension by ensuring the polls are<br />

conducted and managed in a free and fair manner.<br />

Prior to conducting the<br />

elections, IEBC will also have<br />

to overcome the tricky task of<br />

setting up new constituencies<br />

followed by countrywide voter<br />

registration.<br />

The impending polls will also<br />

not just mark the election of a new head of<br />

state but equally the exit of President Mwai<br />

Kibaki, who is serving the last full year of his<br />

constitutionally allowed two terms as President.<br />

The Kibaki presidency has been characterized<br />

by phenomenal infrastructure development and<br />

at one point saw the economy grow by seven<br />

percent per annum. But it has also had its<br />

The most crucial,<br />

and perhaps the<br />

most sensitive<br />

event in 2012,<br />

would be the<br />

General Election.<br />

downside,<br />

having been rocked by several<br />

mega corruption scandals and a<br />

record fall of the shilling against major<br />

currencies, not to mention unprecedented<br />

infl ation levels. As President Kibaki exits State<br />

House, it will thus be interesting to see who <strong>Kenya</strong>ns<br />

will vote in as head of state, and the leadership<br />

approach he/she will assume. The International<br />

Criminal Court (ICC) has also given the upcoming<br />

polls a new twist after it confi rmed charges facing two<br />

of the leading presidential aspirants William Ruto and<br />

Uhuru <strong>Kenya</strong>tta. The nation will be keenly watching<br />

to see if the two are given the green light to vie for<br />

the top seat, and how they juggle their campaigns<br />

with a highly demanding legal process.<br />

The year 2012 is equally expected to be a<br />

phenomenal year for the judiciary, a crucial arm<br />

of government as far as governance and service<br />

delivery are concerned.<br />

Among the key events on this front will be the<br />

ongoing vetting of all judges and magistrates who<br />

were still serving when the new constitution was<br />

promulgated in August 2010. The vetting kicked off<br />

with the 10 Court of Appeal judges followed by High<br />

court judges and then magistrates.<br />

With a signifi cant percentage of the serving<br />

judges having at one point made rulings that were<br />

highly unpopular in the public eye, the vetting is<br />

expected to be a chilling affair in which the judges<br />

will have to justify their decisions.<br />

In another key turning point, Court of Appeal<br />

Judges will also from this year be posted<br />

permanently in stations across the country. This<br />

10.


FOCUS<br />

will be a major boost to service delivery in the<br />

judiciary given that under the current system, the<br />

judges visit several stations on a circuit calendar.<br />

The judiciary will also hire 160 more<br />

magistrates and 129 research assistants for<br />

judges to ensure speedy delivery of judgments<br />

and rulings. On the economic front, the Central<br />

Bank of <strong>Kenya</strong> (CBK) will be put under close<br />

scrutiny following a year that saw the shilling<br />

slump to a record low of Sh107 against the dollar.<br />

CBK Governor Prof. Njuguna Ndung’u will also<br />

have to be alert if he is to effectively deal with<br />

economic crimes such as money laundering, a<br />

vice that is highly prevalent during the election<br />

year.<br />

Events at <strong>Kenya</strong> Revenue Authority (KRA) will<br />

equally be of utmost interest due to the change of<br />

guard. John Njiraini recently succeeded Michael<br />

Waweru and it will be interesting to see how the<br />

former handles the mantle at Times Tower.<br />

Waweru, whose term ended recently after<br />

eight years as the taxman-in-chief, has been<br />

credited with not just significantly improving tax<br />

collection but also by giving KRA a professional<br />

image. And having impressively increased<br />

revenue collection from Sh183 Billion in 2002<br />

to Sh635 Billion during the last fiscal year, eyes<br />

will be trained on Njiraini to see if he effectively<br />

sustains, or surpasses this rate. Having made<br />

a name for compelling legislators to pay taxes<br />

last year, it will also be absorbing to see how<br />

Njiraini ensures those who did not do so clear<br />

outstanding tax arrears accrued since the new<br />

constitution was promulgated. He will also<br />

be faced with the challenging task of clearing<br />

those seeking political offi ces on grounds of tax<br />

compliance.<br />

Another aspect of governance that will be<br />

brought to test in 2012 will be the much-hyped<br />

devolution. A devolved system of government will,<br />

under the new constitutional dispensation, not<br />

just take services closer to the people but also<br />

have <strong>Kenya</strong>n citizens get involved in the budgetmaking<br />

process. And it is in 2012 that the process<br />

is expected to take shape, particularly once<br />

Parliament enacts all necessary legislations.<br />

When it comes to the fi ght against graft,<br />

2012 will equally be a critical year. This is putting<br />

in mind that the controversy surrounding the<br />

appointments of commissioners to the Ethics and<br />

Anti-Corruption Commission (EACC) is already<br />

threatening to give the commission a false start.<br />

President Kibaki and Prime Minister Raila<br />

Odinga recently nominated Mr. Mumo Matemu,<br />

Ms Irene Keino and Prof Jane Onsongo to the EACC,<br />

only for the Parliamentary Justice and Legal Affairs<br />

Committee to declare them unfi t for the posts. MPs<br />

nonetheless shot down the parliamentary committee’s<br />

report countering the nominations, in essence setting<br />

the stage for the House to debate the commissioners’<br />

aptness afresh.<br />

With some civil society groups having gone<br />

to court to block Mr. Matemu’s appointment and<br />

many others calling for a fresh start in the process,<br />

Parliament’s decision on this issue will be of key<br />

public interest as it might be crucial in defi ning how<br />

<strong>Kenya</strong> will tackle graft under the new constitution.<br />

Another appointment that is being keenly awaited<br />

is that of the National Environmental Management<br />

Authority (Nema) director general. The post remains<br />

unfi lled over one and-a-half years since the previous<br />

director general saw off his contract. But despite the<br />

Nema board conducting interviews and short-listing<br />

candidates last November, no appointment is yet to<br />

be offi cially made. This has been attributed to vested<br />

interests among powerful individuals who want a<br />

candidate of their choice to be given the nod. But at<br />

a time when the country is experiencing unparalleled<br />

environmental degradation, the nation will have its<br />

eyes trained on the president to see who he appoints,<br />

and how the appointee handles this vital offi ce.<br />

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12.


ADVERTORIAL<br />

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13.


TRANSPORT<br />

Mixed reactions<br />

over phasing out of<br />

14-seater matatus<br />

Stakeholders in the matatu industry are<br />

split on the benefi ts of the phasing out of<br />

the 14-seater minivans, which is currently<br />

being undertaken by the Transport ministry.<br />

In January 2011, the Transport<br />

Licensing Board (TLB) ceased issuing new licences to the<br />

low capacity matatus and observers have noted that the<br />

phasing out will be more visible this year when the exercise<br />

enters its second year.<br />

However, matatus that were in business before the<br />

policy came into effect have had their operating permits<br />

renewed upon inspection.<br />

But last month, former Finance minister Uhuru <strong>Kenya</strong>tta<br />

and his Cooperatives counterpart Joseph Nyagah threw a<br />

spanner in the works by publicly opposing the phasing out.<br />

Speaking after receiving a petition from some matatu<br />

owners, Uhuru reportedly announced that Treasury would<br />

oppose the move.<br />

The petition argued that the targeted 20,000 matatus are<br />

worth Sh16 Billion and that the cumulative losses include<br />

daily loss of fuel intake, wages to the employees, profit<br />

margins, local authority rates as well as taxes paid to <strong>Kenya</strong><br />

Revenue Authority.<br />

On his part, Nyagah said wananchi are bound to suffer<br />

if the low capacity matatus are removed from the road. The<br />

minister said the market dictates smaller public service<br />

vehicles to go to the grassroots and the big buses to bigger<br />

towns.<br />

“It is okay to have buses in bigger towns like Nakuru and<br />

for long distances like between Nairobi-Mombasa or Nairobi-<br />

Bungoma. A 70-seater bus can fi ll quickly there but would<br />

take a whole day to fill in a small town,” Nyagah said.<br />

But the Transport ministry appears resolute on the policy.<br />

Transport Permanent Secretary Cyrus Njiru says no new<br />

licences have been issued to the 14-seaters since January<br />

last year, adding only the existing ones had their licences<br />

renewed.<br />

“We have seen new big buses being brought onto our<br />

roads to share the work with the existing 14-seaters but<br />

which will progressively pave way for the higher capacity<br />

PSVs,” said Njiru.<br />

14.


TRANSPORT<br />

But like Nyagah, Matatu Welfare<br />

Association chairman Mr Dickson Mbugua<br />

argues that the small matatus “are here to<br />

stay” as the high capacity vehicles would<br />

fi nd it unhard to operate in certain areas.<br />

“There will be a vacuum in these areas<br />

when the big matatus run away because of<br />

low business,” he said.<br />

Mbugua says his association has been<br />

exerting pressure on the ministries of<br />

Transport and Local Government to come<br />

up with a strategy that will see some 14-<br />

seaters remain in business in some areas.<br />

“For the population in the rural areas<br />

and those in small towns, the 14-seaters will<br />

forever remain useful,” said the chairman.<br />

Matatu Owners Association Chairman<br />

Mr Simon Kimutai also says some matatus<br />

should be allowed to operate in some areas,<br />

albeit on a need basis.<br />

He, however, notes that the transport<br />

ministry has agreed to “some exceptions”<br />

for the small matatus to operate. Both<br />

Kimutai and Mbugua said the big buses<br />

have started fi lling in the void left by ageing<br />

matatus in major towns.<br />

However, for Mbugua, this transition<br />

has left some voids, as the number of new<br />

buses does not correspond with that of the<br />

matatus being phased out.<br />

“I can tell you for sure that in Nairobi<br />

for instance where we have 16,000 PSVs,<br />

the combined number of new buses is now<br />

3,000,” said Mbugua.<br />

Kimutai, raised concerns that the void<br />

left by the 14-seaters in the rural areas<br />

was now being fi lled by “Proboxes”,<br />

masquerading as taxis.<br />

He also said the higher capacity buses<br />

are yet to start operating inter-cities or intertowns.<br />

“We still have the small vehicles being<br />

used by passengers moving from one town<br />

to another; instead, they prefer CBD to<br />

estates within a given town,” he said.<br />

Industry players and lawmakers are<br />

also concerned about the job losses to<br />

be occasioned by the policy, saying up to<br />

60,000 youths are likely to lose their jobs.<br />

Juja MP William Kabogo posed inside<br />

parliament: “Is the minister aware that the<br />

directive is already negatively impacting<br />

on the livelihoods of over 60,000 young<br />

persons, who are directly employed in the<br />

sector”<br />

But the Transport minister Amos<br />

Kimunya dismissed the assertions as<br />

untrue. “We have 22,000 14-seater matatus<br />

out of the 79,000 PSVs. Typically, a 14-<br />

seater matatu creates employment for<br />

a driver and a conductor. So, maximum<br />

people who will be directly employed by<br />

those vehicles will be 44,000,” stated<br />

Kimunya.<br />

He added that the 22,000 matatus were<br />

still on the road but would be phased out<br />

progressively.<br />

Kimutai endorsed the intended changes,<br />

saying they would herald fewer accidents<br />

and bring back sanity onto the roads. In<br />

2011 alone, over 3,200 people lost their<br />

lives in accidents caused mainly by human<br />

error.<br />

“Because one bus will cost an investor<br />

roughly Sh4 million then we are likely to<br />

have owners seriously looking after their<br />

businesses,” he said.<br />

But for Mbugua, the high cost of buying<br />

the new matatus might cause a vacuum<br />

since the envisioned Sacco funding will<br />

highly depend on their size and fi nancial<br />

muscle.<br />

Kimunya said the ministry would stick<br />

to the policy, as it was viable. “I have no<br />

intention of considering rescinding this<br />

decision because it was arrived at by the<br />

stakeholders and we are convinced that the<br />

passengers and the industry players can<br />

benefi t from it.”<br />

The policy is being implemented by<br />

the Transport ministry –through Transport<br />

Licensing Board and is aimed at reducing<br />

traffi c jams and fi nally restore order to the<br />

sector, including improvement on passenger<br />

safety and confl ict.<br />

It is part of a wider scheme to transform<br />

Nairobi transport into world-class. It is part<br />

of the Integrated Transport System where<br />

passengers will seamlessly move from one<br />

mode of transport to another.<br />

Njiru announced that the Syokimau train<br />

station is 70 per cent complete and that the<br />

laying of the railway line from the station to<br />

Embakasi was underway.<br />

The rehabilitation of the railway<br />

line from Nairobi to Ruiru was also in<br />

progress, said Njiru, adding that tenders<br />

for the construction of the line connecting<br />

Syokimau and Jomo <strong>Kenya</strong>tta International<br />

Airport (JKIA) will soon be out. “We need all<br />

modes of transport: rail, road and airports<br />

are being rehabilitated,” he said.<br />

We have 22,000 14-seater matatus out of the<br />

79,000 PSVs. Typically, a 14-seater matatu<br />

creates employment for a driver and a conductor.<br />

So, maximum people who will be directly<br />

employed by those vehicles will be 44,000.<br />

15.


ECONOMY<br />

Cartels reap<br />

from miseries<br />

of poor <strong>Kenya</strong>ns<br />

In August 2011, <strong>Kenya</strong> was<br />

suddenly hit by an acute sugar<br />

shortage. Then, a 2kg packet<br />

was retailing at between Sh195<br />

and Sh200 supermarkets. A few<br />

packets of sugar were, however, available<br />

on the shelves but with a caveat: ‘don’t<br />

pick more than one packet’. The price had,<br />

however, doubled to Sh400.<br />

Stakeholders in the industry and<br />

government offi cials quickly blamed the<br />

shortage on the refurbishment of a major<br />

plant in the country and promised that<br />

supply would be restored within no time.<br />

True to their word, constant supply was<br />

restored -but the prices still remained high.<br />

This epitomizes the vulnerability of<br />

<strong>Kenya</strong>’s economy to manipulation by<br />

profi teering businessmen who work as<br />

a cartel with the blessings of corrupt<br />

government offi cials.<br />

Unfortunately for poor wananchi, the<br />

cartels have fi rm grip on all key sub-sectors<br />

including oil, sugar, maize and transport.<br />

They dictate prices in a bid to make a killing.<br />

As a result, a helpless -perhaps<br />

unwilling- government has resorted to<br />

desperate measures of fi xing prices in order<br />

to quell disquiet among an overburdened<br />

populace.<br />

In September last year, Mathira MP<br />

Ephraim Maina sponsored a Bill, Price<br />

Control Bill (Essential Goods), in parliament<br />

to give powers to Finance minister to set<br />

prices for essential commodities.<br />

Defending his Bill, which is now an Act,<br />

Maina said it would deal with cartels in the<br />

food industry, which have been charging<br />

exorbitant prices for their commodities.<br />

Maina argues that <strong>Kenya</strong>n economy is<br />

a market full of cartels rather than a free<br />

market economy. The legislator cited cartels<br />

in the fi nancial, food, fuel and utility sectors,<br />

saying these people collude to fl eece<br />

consumers.<br />

Gwassi MP John Mbadi, also says<br />

the fair competition notion in <strong>Kenya</strong> has<br />

been replaced with cartelism extorting and<br />

exploiting <strong>Kenya</strong>ns.<br />

“Look at the petroleum industry, it is<br />

just a cartel profiting at the expense of<br />

<strong>Kenya</strong>ns to the extent that we have even<br />

had a company like <strong>Kenya</strong> Power making<br />

huge profi ts at the expense of the economy.<br />

This is not a free economy. It is an economy<br />

that is being controlled by cartels and the<br />

government has been doing very little,”<br />

charged Mbadi.<br />

His sentiments were echoed by Defence<br />

assistant minister David Musila, who<br />

said the idea of removing price controls<br />

was good but experience had shown that<br />

creating a free economy had not worked.<br />

“We have managed to create billionaires<br />

at the expense of ordinary <strong>Kenya</strong>ns. We<br />

have suffered at the expense of cartels.<br />

We have seen people hoarding sugar<br />

and importing it in order to benefi t from<br />

wananchi,” said Musila.<br />

In 2010, the government also started to<br />

set maximum fuel prices through the Energy<br />

Regulatory Commission.<br />

This move was prompted by public<br />

condemnation of the oil marketers after<br />

studies confi rmed they were operating as<br />

cartels.<br />

However, ERC has been unable to<br />

rein in cartelism in the oil industry. Just<br />

last month, a severe fuel shortage hit<br />

<strong>Kenya</strong> when the commission reduced fuel<br />

prices with profiteering oil marketers being<br />

accused of hoarding the all-important<br />

commodity to force a review in prices.<br />

However, the marketers explained that<br />

16.


ECONOMY XXXXXXXX PROFILE<br />

the shortage had been occasioned by a<br />

projection of price reduction by ERC a week<br />

prior to the effective date.<br />

Through their lobby, the Petroleum<br />

Institute of East Africa (PIEA), the marketers<br />

said outright knowledge that prices would<br />

be coming down a week in advance saw a<br />

number of players engage in practices that<br />

might be detrimental to both industry and<br />

general public.<br />

“We would like to advise that the<br />

regulator takes caution in making<br />

provisional petroleum price announcements<br />

in advance and instead revert to<br />

announcement of said prices on the 15th<br />

day of the month as stipulated by relevant<br />

regulations,” said Wanjiku Manyara, PIEA<br />

general manager.<br />

Nevertheless, experts say <strong>Kenya</strong>’s<br />

economy is fi rmly in the hands of cartels.<br />

In a paper, “Inflation and Exchange Rate<br />

in <strong>Kenya</strong>: Why we Must Act Decisively”,<br />

released in October last year, the<br />

Parliamentary Budget Office expressed<br />

concerns that there was a possibility<br />

that price of most essentials goods and<br />

services like foodstuffs, oil and transport are<br />

controlled by cartel-like behaviour.<br />

The paper concluded that it was highly<br />

likely that if the government makes heavy<br />

investment in mass transport, foodstuffs<br />

and oil storage facilities, it can effectively<br />

regulate the prices of such commodities.<br />

In March 2011, Joseph Kieyah of the<br />

<strong>Kenya</strong> Institute for Public Policy Research<br />

and Analysis (Kippra), in “The Study on<br />

Petroleum Industry in <strong>Kenya</strong>, found that<br />

since 2005, petroleum pump prices have<br />

been surging at relatively higher rate than<br />

crude oil, implying a cartel-like pricing<br />

approach by the major oil companies.<br />

“Given that the market structure of<br />

the petroleum industry could facilitate<br />

cartelization, we assume the oil companies<br />

behave like a cartel,” concluded Kieyah.<br />

An Inter Ministerial Taskforce set up in<br />

2005 to investigate cartel-like behaviour<br />

of major oil companies in <strong>Kenya</strong> also<br />

found cartel-like behaviour by the major oil<br />

companies.<br />

Besides the oil, the matatu industry is<br />

also controlled by cartels and gangs that set<br />

exorbitant fares at the bus stop and extort<br />

from the crews ostensibly for protection<br />

purposes.<br />

Successive Finance ministers in their<br />

budget speeches have banned touting at<br />

the bus termini to rein in the behaviour but<br />

this did not help. The smartest measure<br />

was to stop registering 14-seater matatus<br />

and forcing all PSVs to be registered under<br />

a Sacco. But the extortionist groups have<br />

crafted a way to defeat this initiative by<br />

rushing to register Saccos and making<br />

genuine matatu owners join in as members.<br />

As a result, <strong>Kenya</strong>ns continue to be<br />

overcharged for transport to cater for the<br />

interests of the cartels.<br />

We have<br />

managed to<br />

create billionaires<br />

at the expense of<br />

ordinary <strong>Kenya</strong>ns.<br />

We have suffered<br />

at the expense<br />

of cartels. We<br />

have seen people<br />

hoarding sugar<br />

and importing<br />

sugar in order<br />

to benefit from<br />

wananchi<br />

17.


INFRASTRUCTURE<br />

Blessings and curse<br />

of Thika super-highway<br />

This month, president Kibaki will<br />

take a short walk on the newly<br />

converted Thika Road flanked<br />

by senior government Officers.<br />

Although motorists are<br />

already using a huge chunck of the road,<br />

that walk and perhaps a flagging off of a<br />

few vehicles will mark the official opening of<br />

<strong>Kenya</strong>’s best road.<br />

Besides the beauty and grandeur that will<br />

come with the completion of the road, the other<br />

obvious benefit will be eliminating traffic jam.<br />

But beneath these are innumerable effects<br />

-both positive and negative- which could make<br />

the road a necessary evil.<br />

First, this will be the model road<br />

for designing modern roads<br />

in urban centres,<br />

especially in<br />

Nairobi.<br />

It will also remain as one of the epitomes of<br />

president Kibaki’s legacy, the other being the<br />

free primary education.<br />

Already, motorists and pedestrians are<br />

benefitting from the Sh27-billion superhighway.<br />

Motorists are, however, complaining that<br />

the lack of proper signage and markings on the<br />

road have made driving a nightmare.<br />

While the Roads ministry has said proper<br />

signage and markings would be placed once<br />

work is complete, there are also concerns<br />

that the road may still prove too complex for<br />

motorists to navigate.<br />

As a result, in August<br />

last year, the Motorists<br />

18.


INFRASTRUCTURE<br />

Association of <strong>Kenya</strong> launched a booklet to<br />

guide motorists on how to navigate the Thika<br />

Superhighway.<br />

Chairman Peter Murima expressed<br />

concern with the rate at which accidents occur<br />

on the superhighway and said the book aims<br />

to prevent accidents.<br />

“The new roads require correct<br />

responsible driving; recklessness has no<br />

place on the new look smooth superhighways.<br />

Motorists, pedestrians and other roads users<br />

urgently need to keep up with change by<br />

knowing how to use the superhighway safely,”<br />

he said.<br />

Experts are also concerned over the safety<br />

of pedestrians using the multiple-lane road,<br />

especially where school going children have<br />

to cross from one side to the other, without<br />

footbridges or tunnels.<br />

Architectural Association of <strong>Kenya</strong> (AAK)<br />

chairman Steven Oundo, while commending<br />

the Government for the project, notes that the<br />

safety of pedestrians had been overlooked, at<br />

least so far.<br />

“We need to have footbridges at strategic<br />

points. I would not want to see a situation,<br />

which is now common, where bumps are<br />

being erected on highways. It beats the<br />

purpose of having a highway,” Mr Oundo<br />

says.<br />

But Roads ministry Public Relations<br />

Officer Njeru Ngare said the road design took<br />

into consideration safety measures. “Once the<br />

highway is complete, it will have footbridges<br />

and underpasses to cater for the safety of the<br />

pedestrians. These pedestrian utilities will be<br />

constructed at designated places all along<br />

the highway. They will be among the last<br />

elements to be put in place when completing<br />

the construction,” Mr Ngare said.<br />

According to Oundo, pedestrians should<br />

not walk for over half a kilometre without<br />

encountering a footbridge or a tunnel.<br />

This means with the superhighway<br />

covering roughly 50 kilometres, the<br />

recommended number of such footbridges<br />

should be not less than 100.<br />

Oundo, however, said emphasis should<br />

be on areas where there are key institutions<br />

such as universities, markets, schools and<br />

high populations, while exceptions could be<br />

made on scarcely populated areas.<br />

Concerns have also been raised about the<br />

Ojijo Overpass (former Ojijo roundabout near<br />

the National Museums) with many terming it a<br />

blackspot.<br />

On the flipside, the <strong>Kenya</strong> National Highways<br />

Authority (KENHA) portends the road would save<br />

users Sh50 million a day in fuel consumption,<br />

mechanical damage, stress and pollution.<br />

The economy will also be spared Sh2 billion<br />

in wasted man hours every year -Sh30 billion<br />

is said to be lost in traffic jams every year. The<br />

road will also help link <strong>Kenya</strong> to Ethiopia, a major<br />

regional economy with about 80 million people.<br />

There is also a migration towards Thika and<br />

estates off the road, with investors rushing to set<br />

up gated communities. Apartment buildings are<br />

already sprouting along the sides of the highway<br />

and landlords are making a kill.<br />

“This has attracted private investors and will<br />

have a positive direct and indirect impact on<br />

taxes, as people establish and expand already<br />

existing businesses”, says Ken Mwai, a financial<br />

analyst and real estate investor.<br />

However, other observers are concerned<br />

that the craze for owning houses near the<br />

superhighway has led to unreasonable prices<br />

and sprouting of conmen promising to sell land<br />

to buyers.<br />

Thika OCPD Paul Leting admitted that land<br />

fraud was rampant in the area but declined<br />

to release figures of the crime, saying it is<br />

confidential.<br />

“The fraud is actually unquantifiable<br />

considering the number of cases already in court,<br />

those under investigation and the others we have<br />

referred to lawyers,” he says.<br />

The conmen are said to acquire accurate<br />

details of land registration and forge title deeds<br />

of existing land and when the buyer conducts<br />

a search at the local lands office, the person<br />

finds the details match and therefore believe the<br />

transaction is transparent.<br />

And in feasibility study dubbed, Detailed<br />

Engineering Design, Tender Administration and<br />

Construction Supervision of Nairobi - Thika Road<br />

warned that there could be an increase in HIV/<br />

Aids as a result of the road.<br />

The rise in infections, the report concluded,<br />

could stem from workers on the road interacting<br />

with locals as well as the expansion of local<br />

towns –Thika, Juja and Ruiru- once the road is<br />

complete as travellers find them as convenient<br />

stopovers.<br />

“Potential for HIV/Aids transmission also<br />

increases from the current average of 3.9 per<br />

cent prevalence. This also applies for other<br />

communicable disease including Sexually<br />

Transmitted Infections,” concluded the report.<br />

19.


MESSAGE NEWS<br />

One of the key pillars of the<br />

Constitution of <strong>Kenya</strong> is<br />

devolution and majority<br />

<strong>Kenya</strong>ns supported the Constitution<br />

during the referendum because of<br />

chapter 11 on devolved government.<br />

It is however clear that the concept<br />

of devolution as envisaged in the<br />

constitution is not yet clear to many<br />

citizens. With the next elections fast<br />

approaching, it is important and urgent<br />

that citizens are supported to clearly<br />

understand how the counties will<br />

work and also drive the agenda of the<br />

counties, including evaluating political<br />

offi ce seekers.<br />

In this regard, The <strong>Kenya</strong> Alliance<br />

of Resident Associations (<strong>Kara</strong>) in<br />

collaboration with Decentralization<br />

and Governance Non State Actors<br />

Network (Degonsa) and with the<br />

support of Canadian International<br />

Development Agency (Cida) has rolled<br />

out a civic education programme aimed<br />

at achieving a responsive devolution<br />

process for <strong>Kenya</strong>.<br />

Sixteen counties have been<br />

identifi ed for implementation of various<br />

activities. The counties are: Kwale,<br />

Lamu, Wajir, Isiolo, Meru, Makueni,<br />

Uasin Gishu, Kiambu, Nakuru, Kajiado,<br />

Bungoma, Kisumu, Kisii, Turkana,<br />

Busia and Nairobi.<br />

Through the initiative <strong>Kara</strong>/Degonsa<br />

seeks to infl uence attainment of a<br />

functional devolution in the following<br />

ways:<br />

• Provide effective citizens feedback<br />

to the devolution processes of<br />

developing policies and laws, and<br />

subsequently tools and guidelines<br />

of rolling out devolution. There<br />

will be continuous dialogue and<br />

feedback to national bodies like the<br />

Commission on the Implementation<br />

of the Constitution (CIC), the<br />

Commission on Revenue Allocation<br />

(CRA) and the Legislature<br />

• Reinforce existing citizens energy<br />

and formations to deepen devolution,<br />

increase level of information on<br />

devolution, monitor progress on<br />

devolution, and ensure capacity<br />

of citizens formations is enhanced<br />

in readiness for holding leaders<br />

accountable at that level, and provide<br />

effective feedback and linkages at the<br />

national level<br />

• Document the lessons and practices of<br />

devolution process in <strong>Kenya</strong>, especially<br />

from the work being carried out in the<br />

16 counties. The documentation will<br />

be published and disseminated to the<br />

public.<br />

• In coordination with other players in<br />

education sector, share devolution<br />

lessons with the education sector<br />

players.<br />

So far devolution forums have been<br />

held in ten counties across the<br />

country. These are Kisumu, Kisii,<br />

Bungoma, Busia, Kwale, Lamu,<br />

Nakuru, Uasin Gishu, Nairobi and<br />

Kajiado. Participants at the forum<br />

included leaders of faith based<br />

organizations, youth groups, women<br />

rights organizations, community elders<br />

among others.<br />

Memorable quotes<br />

Participants at the forum were<br />

sensitized on key principles of devolution<br />

and the roles and responsibilities of<br />

citizens in achieving a responsive<br />

devolution. Separate sessions were also<br />

organized in the ten counties for county<br />

professionals’ forum to discuss key<br />

principles of devolution and the roles of<br />

professionals in setting county priorities<br />

and agenda.<br />

Besides the county devolution forum,<br />

a citizen’s handbook on key principles<br />

of devolution has been published for<br />

dissemination to the public. Through<br />

the <strong>Kara</strong>/Degonsa initiative, a national<br />

county mailserv is in place and is being<br />

used to generate debates on devolution<br />

issues and share regular updates and<br />

information with the subscribers.<br />

Public preparedness for devolution<br />

is very key as effective participation<br />

as envisaged in the constitution will<br />

depend to a large extent on the level<br />

of citizen understanding as regards to<br />

their roles and responsibilities. <strong>Kara</strong>’s<br />

aim is to promote realization of effective<br />

devolution roll out that leads to improved<br />

democracy and service delivery in<br />

<strong>Kenya</strong>.<br />

But I know somehow, that only<br />

when it is dark enough, can you<br />

see the stars.<br />

Martin Luther King Jr.<br />

US black civil rights leader<br />

and clergyman (1929 - 1968)<br />

20.


Councillor defies<br />

odds to dream big<br />

Born in 1974 to Nelson and Margaret<br />

Mwando, Councillor Aromba Mwando did not<br />

imagine he would be doing what he is doing<br />

today - representing Mountain View Ward.<br />

All he wanted was to pursue his passion<br />

for music and even dreamt of becoming a<br />

professor of music.<br />

Talking to him, one gets a picture of a<br />

resilient and optimistic individual who refuses<br />

to give up even against all odds. He went<br />

through primary and secondary education at<br />

Kakamega Ndani Primary School and Butere<br />

Boys High School albeit with difficulty having<br />

lost his father in 1981.<br />

Having been raised by a single parent<br />

provided an impetus for Aromba’s resilience<br />

and determination to get the best out of the<br />

miseries of his life.<br />

After completing secondary education and<br />

with no means to proceed to the next level,<br />

he left for Nairobi with nothing but hope and<br />

determination to turn his life and that of his<br />

family around.<br />

His elder brother, who was a casual<br />

labourer, accommodated<br />

him and before long he<br />

was accompanying the<br />

brother to do casual jobs<br />

for meagre wages. Perhaps<br />

due to his urge to improve<br />

his living standards, it<br />

wasn’t long before Aromba<br />

landed another job as<br />

a cook for a lecturer at<br />

the <strong>Kenya</strong> Institute of<br />

Administration.<br />

After eighteen months,<br />

he resumed his casual<br />

labourer job while at the<br />

same time playing for<br />

the <strong>Kenya</strong> Commercial<br />

Bank Football Club. He<br />

later joined Securicor<br />

Football Club where his<br />

commitment and hard<br />

work earned him a job as<br />

a guard. Within a short<br />

period, he rose to become<br />

the company’s surveillance<br />

officer.<br />

True to his character<br />

of always seeking for<br />

new challenges and<br />

opportunities, Aromba<br />

resigned from his apparent<br />

lucrative job in 2007 to try his hand in<br />

politics. The risk paid off as he was elected to<br />

represent Mountain View as a councillor.<br />

Today, the father of four looks back at<br />

how far he has come and can’t help but thank<br />

God for seeing him through the challenges of<br />

life. He has not lost his passion for music and<br />

besides being a councillor, he is also a music<br />

writer, producer and has two gospel music<br />

albums in Kiswahili and Luhya to his name.<br />

Singing comes to him naturally and<br />

because of his strong Christian background<br />

he only focuses on gospel songs. He also<br />

still keeps a keen eye on his other passion –<br />

football – and is a member of the Councillors<br />

Football Club.<br />

Aromba does not forget his humble<br />

beginnings and colleagues he has worked<br />

with. “I have been a guard and I know the kind<br />

of suffering they go through. To help uplift their<br />

standards of living, I organised the guards<br />

to form Nairobi Guards Welfare Association,<br />

which is a platform to air their views and find<br />

solutions to some of the challenges they face,”<br />

he explains. He is also a businessman with<br />

investments in printing and music production.<br />

But how has he fared on as a councillor<br />

in his own estimation “I have fulfi lled most of<br />

the promises I made, such as the tarmacking<br />

of the Kangemi Road, placing murram on<br />

Thiong’o Road and installation of high mast<br />

lighting in the interior areas of Mountain<br />

View ward to reduce insecurity. I have also<br />

enhanced access to bursary and scholarship<br />

opportunities for both the primary and<br />

secondary levels for the needy students,” he<br />

states.<br />

His greatest challenge is dealing with some<br />

of his electorates, whom he accuses of never<br />

appreciating his efforts and always demanding<br />

for more. The 38 year old is gearing up for<br />

bigger things but for now holding his cards<br />

close to his chest. “The only seat I’m not<br />

considering to vie for is that of women<br />

representative.<br />

Otherwise,<br />

I’m ready to<br />

give a stab<br />

at any of the<br />

other seats<br />

and will<br />

announce<br />

my decisions<br />

at the<br />

appropriate<br />

time,” he<br />

explains.<br />

Given an<br />

opportunity<br />

to be the<br />

President of<br />

<strong>Kenya</strong>, his priority will be to deal decisively<br />

with tribalism and create a unifi ed state. His<br />

mentors in life are Martin Shikuku, Kijana<br />

Wamalwa, Wangari Maathai and Nelson<br />

Mandela.<br />

21.


NEWS<br />

02 Feb – KARA Lamu County Professionals Forum<br />

07 Feb - KARA Delegation to Rwanda NSA Dialogue<br />

Forum on Devolution -04<br />

07 Feb - Nakuru County Professionals Forum<br />

29 Feb - Decentralization and Governance Non<br />

State Actors (DEGONSA) Meeting on Devolution<br />

01 Mar – KARA Security, Satety and Disaster<br />

Management Committee Meeting<br />

01 Mar - <strong>Kara</strong> Executive Committee Meeting<br />

09 Feb – Nairobi County Professionals Forum<br />

05 Mar – KARA Bi-monthly Talk Series (BTS) - 25<br />

10 Feb – Kajiado County Professional Forum<br />

23 Feb – KARA Governing Council Meeting<br />

29 Mar - Decentralization and Governance Non<br />

State Actors (DEGONSA) Meeting on Devolution<br />

13 Apr - <strong>Kara</strong> Annual General Meeting (AGM)<br />

Feedback<br />

“Your Journal is an informative<br />

piece on access to public service<br />

delivery”.<br />

Ms. Leah Gwiyo, Permanent<br />

Secretary, Ministry of Tourism<br />

Your 19th <strong>Edition</strong> of<br />

<strong>Neighbourhood</strong> <strong>Kenya</strong> was<br />

very informative, educative and<br />

well written. We look forward to<br />

receiving the next edition”.<br />

David Kipkoech, Consultant,<br />

Nakuru County<br />

“I found <strong>Neighbourhood</strong> <strong>Kenya</strong><br />

interesting enough to read from<br />

top to bottom. Your articles are well<br />

researched and take different angles<br />

from the other reporting streams.<br />

Keep it up!”<br />

Mr. Micah Nasieku, Resident,<br />

Kajiado county<br />

“Your newsletters are outstanding. I<br />

read them straightaway since they<br />

have great and well researched<br />

content”,<br />

Mr. Mark Oseno, Executive<br />

Secretary, KNUT Busia Branch<br />

Together We Will<br />

The <strong>Kenya</strong> Alliance<br />

of Resident Associations<br />

Jamhuri Crescent , off Kabarnet Road,<br />

Off Ngong Road,<br />

P.O Box 1411-00100<br />

Nairobi, <strong>Kenya</strong><br />

E-mail: info@kara.or.ke<br />

Telephone:<br />

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

Mobile Phone Number:<br />

0725983445; 0772700007;<br />

0733779585<br />

http://www.kara.or.ke<br />

22.


through<br />

kara lens<br />

NTV reporters Messrs. Francis Mutegi & Steve Mwei<br />

receives a cheque of Shs. 100,000 from Mr. Kipturgo Argut of<br />

Ministry of Higher Education Science & Technology.<br />

Daily Nation reporter Ms. Joyce Wanja receives a cheque of<br />

Shs.100,000 from Ms. Esther Walya after emerging the winner in the<br />

Mawasiliano category of AMEA.<br />

Mr. Ferdinand Mwongela of the Standard Newspaper receives a glass<br />

trophy from Mr. Ephraim Kanake after scooping top position in the Makaazi<br />

category of AMEA<br />

<strong>Kara</strong> Treasurer Mr. Ephraim Kanake, <strong>Kara</strong> CEO Mr.<br />

Stephen Mutoro and IRA CEO Mr. Sammy Makove<br />

danced to the Kayamba Africa tunes.<br />

It was all ears for <strong>Kenya</strong> Wildlife Service staff members<br />

as they await the announcement of the winners.<br />

23.


Partnerships for the awards are invited for the following competitive<br />

sponsorship categories:<br />

Platinum (Kshs3,000,000)<br />

Gold (Kshs1,000,000)<br />

Silver (Kshs750,000)<br />

Bronze (Kshs350,000) with varied benefits

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