KENYANS SHOULD REJECT POLITICAL & ELECTORAL VIOLENCE AGAINST WOMEN

The problems that afflict women in this country range from gender based violence, poverty, discrimination, illiteracy to food insecurity inter alia. Women candidates have so far borne the brunt of electoral violence which has reared its ugly head once again this year. Violence has so far claimed the life of one female parliamentary aspirant and left scores of others nursing serious injuries. This is without counting hundreds of women who have been killed or displaced by politically instigated ethnic clashes in Mt. Elgon, Kuresoi, Molo and Tana River Districts. Everywhere in Kenya women have been victims of violence. In every election year, they are and often have been raped, mutilated, murdered, verbally abused and forced into prostitution and other social vice.

To stop violence against women, our society needs to look at itself and challenge those values and beliefs that reinforce male violence. Most gender based violence is inextricably linked to male power, privilege and control. In many African communities, gender based violence has long been tolerated, letting the perpetrators go unpunished, their crime tacitly condoned. Violence against women derives essentially from the lower status accorded to women in the family and society. It is further abetted by ignorance, lack of laws to prohibit violence and inadequate efforts by the state and public officials to enforce existing laws. Based on the anachronistic view that a wife is the property of her husband and that therefore he may do with her whatever he deems fit, legal systems in some African countries have even recognised the husband’s right to chastise or even kill the wife. Such cultural beliefs and traditions only help to perpetuate the idea of male dominance and are not conducive to progress. Where they stand in the path of development, every progressive society should discard them.

Women constitute about 52% of the adult population in Kenya. The government needs to address the problem of gender based violence during elections because women’s participation in the development process especially in politics, economics, health, education and environmental protection is crucial. When women are faced with violence, their ability to participate fully in these and other aspects of development is hampered. In 1985 Kenya hosted the World Conference on Women which raised the issue of violence against woman as a matter of international concern. It also called for legal measures to prevent gender violence and the setting up of a national machinery to deal with the issue. Many Non-governmental organisations (NGOs) were thereafter formed by women to address the issue of gender violence. They have and continue to highlight numerous cases of violence against women and the girl child and call for governmental action. In 1994 the Attorney General established a committee to review all laws relating to the status of women in Kenya. In spite of these efforts and historical advantages, Kenya is yet to establish a national body to address gender violence and has continued to lag behind its East African neighbours in ensuring gender parity in public affairs. Although this election has the highest number of women candidates, their impact may not be felt owing to electoral violence. The nomination process was extremely unfair to female aspirants. All the major political parties failed women by declining to condemn or deny party tickets to candidates who perpetrated gender based violence. The Electoral Commission of Kenya (ECK) and the Kenya Police should deal resolutely with cases of electoral violence against woman. The ECK cannot continue to hide behind the excuse that it lacks the coercive machinery to avert political violence whereas the law gives it explicit power to disqualify candidates who sponsor violence. The police should urgently create a special desk to receive complaints, investigate and dispose of cases of electoral violence directed against women. Voters too must reject candidates who promote partake in gender based violence. A society that disfranchises more than half of its productive membership from participation in its political, social and economic development is a threat to itself. Kenyans cannot afford to take this risk.

PROTECTING BUSINESSES AGAINST CASH FRAUDS

Cash larceny is the commonest type of fraud simply because cash is easy to steal and hard to trace. The situation is even more critical for entities with decentralised business units spread far and wide away from the centre of operations. Employees may be tempted to steal money collected from customers without recording the transaction, collect revenue using two sets of receipt books or even issue official receipts and pocket the money. Like all other frauds, cash pilfering occurs where an employee has an opportunity, motive and rationale for fraud. To eliminate or minimise cash frauds, a manager should close every possible window of opportunity. Leaving a window open with cash lying around is tempting even to the most pious including angels. The simplistic way of avoiding cash frauds is to eliminate use of cash in transactions. This is however not practical in an economy where most businesses and people are accustomed to “real money” (cash) instead of cheques and credit cards. Managers should post well paid and trained staff, know all their sources revenue and ensure that cash received at far-off branches is recorded and accounted for using official, serialised and sequential cash receipts. Surprise cash counts and impromptu audits should be conducted periodically. Generic manual receipts should be avoided and use of sequentially numbered receipts should be reviewed regularly. Reconciliation of bank deposits by decentralised locations should be done promptly. If there is no bank in the proximity, the manager should ensure that regular, secure and timely cash repatriation is done using established couriers and a record of each transaction sent to headquarters. A single person should never be left in charge of billing, cash receipting, adjustment and accounting in a decentralised location. Angry, lowly-paid, in-disciplined and poorly trained staff should never be put in charge of far-flung branches. They are likely to steal to get even with the organisation. Without proper financial records, fraud can only be detected as matter of chance and there is no practical method of quantifying the loss in the event of theft. Records make it easier to detect fraud, quantify loss and take action against the perpetrator. Documents are the best type of real evidence for any subsequent prosecution or administrative action against a delinquent employee. Documents leave a trail, tell a story and are dependable. Unlike individual witnesses, documents do not forget or lie and cannot be persuaded or confused.

PRESIDENT KIBAKI IS RIGHT; HON. MUTAHI KAGWE HAS DONE WELL IN MUKURWE-INI.

In a rare political gesture, President Mwai Kibaki over the weekend complimented the Member of Parliament MP for Mukurwe-ini and Minister for Information and Communications, Hon. Mutahi Kagwe. Some sections of the media reported that the president had endorsed the minister as his point-man in the Central Kenya and campaigned for his re-election at the exclusion of other aspirants. This is a misconception. Before the president spoke a number of local leaders including the immediate former MP, Muhika Mutahi had addressed the public and extolled the development record of the minister. They publicly announced that they had withdrawn from the race and were supporting the minister’s re-election due to his exemplary development record. And they are right. Since his election as the MP for Mukurwe-ini, Hon. Mutahi Kagwe has mobilised professionals, intellectuals and opinion leaders from all parts of the constituency and harnessed their energies to uplift the living standards of the local people. He is a very rare breed in politics. He is a visionary who works with all leaders including his opponents for the benefit of the people. During his tenure as MP for Mukurwe-ini, the residents have seen the revival of stalled water projects, educational institutions, health centres, rural electrification, construction of modern rural markets, administrative and security posts and grading of access roads. He has actively supported farmers in the coffee, dairy and horticultural sectors. Mukurwe-ini, which was considered a hardship area by people of the greater Nyeri has now become a beehive of economic activity and will soon have its first industry for the production of animal feeds. In contrast with other constituencies, the minister has been very accountable in the use of the Constituency Development Fund (CDF). To avoid wrangles, he left the management of the fund in the hands of the local leaders. The accounts of the CDF are published in the Constituency Website for all to see. Residents are able to participate and question the manner in which the money is spent. At the national level Hon. Mutahi’s tenure as Minister for Information and Communications has seen the extension of broadcasting services to the residents of outlying districts such as Turkana and Lamu. His Ministry has other visionary and ambitious projects such as the expansion of digital villages into the rural areas and training of entrepreneurs. President Kibaki must be pleased by the work of his minister and that is why he urged the residents of Mukurwe-ini to appreciate and reward the good work of their industrious MP.

IS KIBAKI A TRIBALIST? THINK AGAIN

It appears that the media are following Kikuyus everywere. Even if a Kikuyu gets appointed to the position of Director of Public Toilets, they will criticise it as further evidence of tribalism. It is as if Kikuyus are not Kenyans. Send this to all peace loving Kenyans. Let us shame those who are preaching tribalism and spreading hatred and ethnic genocide against some communities in our our country Kenya. I hope the Weekly Citizen will have the guts to publish this one. Prove that your editorial policy is not guided or driven by a tribal agenda aimed at raising genocidal feelings towards a section of the Kenyan Society.

Kibaki's government is far from Kenyatta as those who were there will attest. It is also radically different from Moi's. I was surprised to find that some of the leading institutions are not being run by Kikuyus, given all the reports about Kikuyu domination. NSSF, Kenya Airways, Defence, Police, Kenya Ports Authority, University of Nairobi, Kenya Polytechnic, Public Prosecutions, Kenya Wildlife Serivice, KARI, TSC, etc.

The appointment of Prof. Ndungu has been used to show that non-Kikuyus have been sidelined and have not been appointed to any important position in the government and its institutions. Nothing could be further from the truth as the list below shows clearly.

Note: the so called GEMA people are not included and not all the parastals, directorates and departments are represented here. Also not included are lots and lots of Chairmen appointed by the President.

Judge for yourselves.

Managing Directors/Chief Executives of Government firms
Hosea Sitienei, MD, Kenya Seed Corporation
Ongong’a Achieng , MD , Kenya Tourist Board
Martin Oduor-Otieno, MD, Kenya Commercial Bank
Titus Naikuni , MD , Kenya Airways
Kioko Mang’eli , MD , Kenya Bureau of Standards
Evans Kidero, MD, Mumias Sugar Co
Mr. Steven G. Smith,MD, Eveready Limited
Mr. V.D. Saboo, Executive Director, Panafrican Paper Mills, Webuye
Mr. Joseph Lithimbi, General Manager of Associated Vehicle Assemblers, Mombasa
Mr. Wasiu Bayo Ligali, Chief Executive Officer , Unilever Kenya
O.P. Narang, MD, Agro-chemical Food Company
Davy Koech, Director/CEO, Kenya Medical Research Institute
Victor Kidiwa, MD, Development Bank of Kenya
Mr Matanda Wabuyele, CEO, Kenya Export Promotion Council
Susan Kikwai, Managing Director, Kenya Investment Authority
Philp Kisia , MD , Kenyatta International Conference Centre
I.B Mogaka, Executive Secretary, ICDC
Albert. O. Gumo, CEO, Export Processing Zones Authority
George Okungu, MD, Kenya Pipeline Company
Obondo Kajumbi, MD, Kenya Tourism Development Corporation
Rachel Lumbasyo, Managing Trustee, NSSF
Julius Nyabundi, MD, Chemilil Sugar Company
William Kirwa, MD, Agricultural Development Corporation
Wilson Songa, MD, Horticultural Crops Development Authority
Ambrose Otieno, MD, South Nyanza Sugar Company
Nicholas Keya , MD , Kenya Sugar Research Foundation
Josphat Okoyo, MD, Nzoia Sugar Company
Tirop Kosgey , MD , National Cereals and Produce Board
Abdalla Mwaruwa , MD , Kenya Ports Authority
Martin O. Owiti, MD, Pyrethrum Board of Kenya
Francis Oyugi Okuku, MD, Kenya Wine Agencies
Emanuel Charo Birya, MD, East African Portland Cement Factory
James Abok Odera, MD, National Housing Corporation
Juma Lugogo, MD, Coast Development Authority
Bartholomew W. K. Wanyama, MD, Lake Basin Development Authority
John Omutia Murunga, MD, Kerio Valley Development Authority
Francis M. Nkako, MD, Uaso Nyiro South Development Authority
Abdulrazaq A. Ali, MD, Uaso Nyiro North Development Authority

Vice-Chancellors of Public Universities
Prof. G.A.O. Magoha, Vice-Chancellor, University of Nairobi
Prof. James Kiprop Tuikoek, Vice-Chancellor, Egerton University
PROF. RICHARD K. MIBEY, VICE CHACELLOR, MOI UNIVERSITY
Frederick N. Onyango, Vice-Chancellor, Maseno University
Prof. B.C.C. Wangila, Vice-Chancellor, Masinde Muliro University

Principals of Public Middle-Level Colleges and National Polytechnics
Dr Timothy King’ondu, Director, Kenya Medical Training College (KMTC)
Mr.Charles Imbali, Principal, Kenya Technical Teachers College
Mr G M Muthwale, Principal , Kenya Polytechnic
Mr. C.K. Lagat, Principal, Eldoret Polytechnic
Mr Francis Imbo Awuor, Principal, Kisumu Polytechnic,
Mr.Matu Nguli, Principal, Kenya Institute of Mass Communication
Mr C T Owour, Principal, Mombasa Polytechnic
Philemon Mwisaka, Principal, Kenya Utalii College

Permanent Secretaries
Permanent Secretary, Ministry of State for Public Service: MR. TITUS M. NDAMBUKI, H.S.C.
Permanent Secretary, Ministry of State for Special Programmes: MRS. RACHEL A. ARUNGAH
Permanent Secretary, Immigration and Registration of Persons: MR. EMMANUEL M. KISOMBE
Permanent Secretary, Public Service Reform and Development Secretariat: MS. JOYCE NYAMWEYA
Private Secretary/Comptroller of State Houses: MR. HYSLOP IPU
Principal Administrative Secretary, Cabinet Office: MR. FRANCIS K. MUSYIMI
Public Communications Secretary/Government Spokesman: DR. ALFRED N. MUTUA
Inspector –General, Inspectorate of State Corporations: MR. PETER B. ONDIEKI
Permanent Secretary, Office of the President, AMB. NANCY C. KIRUI
Permanent Secretary, Office of the Vice-President: MRS. ALICE KEMUNTO MAYAKA
Permanent Secretary, Ministry of Local Government: MR. SOLOMON S. BOIT
Investment Secretary, Ministry of Finance: MRS. ESTHER KOIMET
Permanent Secretary, Ministry of Health: (DR.) HEZRON O. NYANGITO
Permanent Secretary, Ministry of Roads and Public Works: AMB. MOHAMED MAALIM MAHAMUD
Education Secretary: (PROF.) GEORGE IMBANGA GODIA
Permanent Secretary, Science and Technology: (PROF). CRISPUS MAKAU KIAMBA
Permanent Secretary, Livestock Development: (DR). JACOB OLE MIARON
Permanent Secretary, Justice & Constitutional Affairs: MS. DOROTHY N. ANGOTE
Permanent Secretary, East African Community: AMB. (DR.) HUKKA WARIO
Permanent Secretary, Gender Sports, Culture and Social Services: RACHEL B. DZOMBO (MRS.)
Permanent Secretary, Info rmation and Communications: (DR.) BITANGE NDEMO
Permanent Secretary, Ministry of Water: ENG. MAHBOUB M. MAALIM
Permanent Secretary for Regional Development: ENG. DAVID STOWER
Permanent Secretary for Trade and Industry: MR. DAVID S.O. NALO
Permanent Secretary for Tourism and Wildlife: MRS. REBECCA M. NABUTOLA
Permanent Secretary for Lands: MR. KOMBO MWERO,
Permanent Secretary for Housing: MR. TIROP KOSGEY
Permanent Secretary for Environment: (PROF.) JAMES OLE KIYIAPI
Permanent Secretary for Labour and Human Resources: MR. MARK K. BOR
Permanent Secretary, Cooperative Development and Mark eting: MR. PATRICK S. KHAEMBA
Permanent Secretary: (DR.) EDWARD SAMBILI
Secretary, Public Service Commission of Kenya : MRS. BERNADETTE M. NZIOKI

Directors of Government Departments:
Director of National Youth Service: MR. JAPHETH K. MWANIA
Director of Medical Services: (DR.) JAMES W. NYIKAL
Chief of Protocol: AMB. BRUCE M. MADETE
Director of Kenya Wildlife Service: DR. JULIUS K. KIPNGETICH
Commissioner of Lands: MRS. JUDITH MARILYN OKUNGU
Director of Housing: (DR.) JULIUS M. MALOMBE
Director of Public Prosecutions: MR. KERIAKO TOBIKO
Director of E-Government: DR. SYLVANUS JUMA OKECH
David Isoe, Director, Non Governmental Organisations (NGO) Coordinating Board
Johnson Kazungu, Director, Kenya Marine Fisheries Research Institute
P.K. Konuche, Director, Kenya Forestry Research Institute
Idle Omar Farah, Director, National Museum of Kenya
Avington Muusya Mwinzi, Director, Kenya National Environment Management Authority
Dr. Ephraim A. Mukisira, Director, Kenya Agricultural Research Institute
C.J. Kedera, Director, Kenya Plant Health Inspectorate Service
G.K. Kingoria, Director, National Council of Science and Technology
Philemon Arodi Abong’o, Director, Kenya Sports Stadia Management Board

Defence
Chief of General Staff: GENERAL JEREMIAH MUTINDA KIANGA
Commander, Kenya Air Force: MAJOR GENERAL HAROLD MWAKIO TANGAI,
Commander, Kenya Navy: MAJOR GENERAL SAMSON JEFWA. MWATHETHE

Police
Commissioner of Police: MAJOR GENERAL MOHAMED HUSSEIN ALI
Commandant, Anti-Stock Theft Unit: MR. NICHOLAS NYAKWAMA OMBATI
Commandant, Traffic Police: Mr. Daudi J. Kyalo
Commandant, Kenya Police College : MR. BERNARD K. KEMEY
Commandant , Kenya Railways Police: Mr. Francis Changwany
Commandant, Central Province : MR. PETER M.LEIYAN
Commandant, Rift Valley Police: EVERRET WASIGE
Commandant, Nyanza Police: GRACE SYOMBUA KAINDI
Commandant, Western Province Police: Mr. ABDUL MAKA MZEE
Commandant, Eastern Province Police: JONATHAN KIPKURUI KOSKEI
Commissioner of Prisons: MR. GILBERT MIDHUNE OMONDI

Speaker of the National Assembly
Speaker: THE HON. K.F.X. OLE KAPARO, E.G.H.

Head of Government Specialized Agency
Samuel Kivuitu, Executive Chairman, National Electoral Commission
Priscilla Komora, Controller and Auditor-General , Kenya National Audit Office
JIbrahim Hussein, Executive Chairman, Teachers Service Commission
Prof. Everett Standa, Secretary, Commission for Higher Education

Judiciary;
Judges of Court of Appeal
Hon. Mr. Justice E. O'Kubasu
Hon. Mr. Justice R.S.C. Omolo
Hon. Mr. Justice S.E.O. Bosire
Hon. Mr. Justice P.K. Tunoi
Hon. Mr. Justice Philip Waki
Hon. Mr. Justice J.W. Onyango Otieno
Hon. Mr. Justice William Deverell

Judges of the High Court (Puisne Judges)
Hon. Mr. Justice John. M. Khamoni
Hon. Lady Justice J. Aluoch
Hon. Mr. Justice John. A. Osiemo
Hon. Mr. Justice John. W. Mwera
Hon. Lady Justice M. A. Anga'awa
Hon. Lady Justice J. W. Lesiit
Hon. Mr. Justice Muga Apondi
Hon. Lady Justice H. M. Okwengu
Hon. Lady Justice R. P. V. Wendo
Hon. Justice Kaburu Banui
Hon. Mr. Justice B.K. arap Tanui
Hon. Mr. Justice William Ouko
Hon. Lady Justice K.H. Rawal
Hon. Mr. Justice A. R. M. Visram
Hon. Mr. Justice D. A. Onyacha
Hon. Mr. Justice N. R. O Ombija
Hon. Mr. Justice J. K. Sergon
Hon. Lady Justice J. N. Khaminwa
Hon. Prof. Justice O. K. Mutungi
Hon. Mr. Justice B. K. Kubo
Hon. Mr. Justice M. K. Ibrahim
Hon. Prof. Justice J. B. Ojwang
Hon. Mr. Justice David K. Maraga
Hon. Mr. Justice George M. A. Dulu
Hon. Lady Justice Mary M. Kasango
Hon. Mr. Justice Daniel K. Musinga
Hon. Mr. Justice Isaac Lenaola
Hon. Mr. Justice J. A. Emukule
Hon. Mr. Justice F. Azangalala
Hon. Mr. Justice F. A. Ochieng
Hon. Mr. Justice S. A. Makhandia
Hon. Mr. Justice M. A. Warsame
Hon. Lady Justice Ruth Sitati

Central Bank of Kenya
Deputy Governor: Mrs. Jacinta Wanjala Mwatela, Appointed May 12, 2005
Mr. Jones Makau Nzomo, Director of Finance and Resource Pl ann ing Department
Mr. Aggrey Jonathan K. Bett, Director, Banking Department
Mr. Nicholas Bartuiyot Tirop Arap Korir, Director, Economics Department
Mr. Jackson M. Kitili, Director,Monetary Operations & Debt Management Department
Mr. Edwin Luke Ogola, Director,Currency Operations & Branch Administration Department
Mr. Cheloti Kakai, Director, Director, Deposit Protection Fund Board
Mr. Charles Onami Maranga, Director of Administration & Human Resources

Chairmen
Hassan Ole Kamwaro, Chairman of the Transport Licensing Board
James Simani, Public Complaints Committee
Titus Mbathi, KENGEN
Leonard Mwangola, Kenya Revenue Authority

Kenya Revenue Authority

Mr. Mumo Matemu, Commissioner for Support Services
Mr. Fidelis Mullei, Commissioner for Domestic Taxes Department
Mr. Simeon Ole Kirgotty, Commissioner/ Registrar of Motor Vehicles


Chancellors of Universities
Prof. Bethwel Ogot, Moi University
Prof. Ali Mazrui, JKUCAT
Dr. Wamalwa, Maseno University
Dr. Philip Mule, Kenyatta University
Eng. Hon. Samuel K. Arap Ng’eny, Masinde Muliro University
Dr. Mohammed Isahakia, Vice-Chairman, Masinde Muliro University

KENYA AMBASSADORS
1. ADDIS ABABA -H.E. MR. FRANKLIN ESIPILA
2. CAIRO -H.E. DANIEL OCHIENG MACDWALLO
3. DAR-ES-SALAAM- H.E. MR. BOAZ K. MBAYA
4. GABORONE- H.E. MR. CHARLES ALBERT MBAKA
5. HARARE-H.E. JOHN ABDUBA
6. KAMPALA -H.E. MR. JAPHETH RATEMO GETUGI
7. KHARTOUM-H.E. COL. (RTD.) ELIJAH MALEKYA MATIBO
8. KIGALI -H.E. MR. ALEX A. KETTER
9. KINSHASA -H.E. MR. KARUCHU SYLVESTER M. GAKUMU
10. ABUJA- H.E. MR. DANIEL MEPUKORI KOIKAI
11. LUSAKA- H.E. MR. LAZARUS O. AMAYO
12. UNEP- H.E. MR. WELLINGTON P. GODO
13. HABITAT-H.E. MR. SOLOMON KARANJA
14. SOMALIA -H.E. MR. MOHAMED ABDI AFFEY
15. PRETORIA -H.E. MRS. TABITHA JEPTOO SEII
16. WINDHOEK-H.E. MS. ROSE BOIT
17. BEIJING -H.E. MRS. RUTH SERETI SOLITEI
18. CANBERRA -H.E. MR. JOHN LEPI LANYASUNYA
19. ISLAMABAD -H.E. MRS. MISHI MASIKA MWATSAHU
20. KUALA LUMPUR -H.E. MR. DAVID GACHOKI NJOKA
21. NEW DELHI -H.E. MR. FRANCIS BAYA
22. TOKYO -H.E. MR. DENNIS AWORI
23. BRUSSELS -H.E. MR. MARX GAD NJUGUNA KAHENDE
24. BERLIN -H.E. MR. HARRY MUTUMA KATHURIMA
25. GENEVA- H.E. PROF. MARIA NZOMO
26. HAGUE-H.E. MS. KALIMI MUGAMBI MWORIA
27. LONDON -H.E. MR. JOSEPH K. MUCHEMI
28. MOSCOW -H.E. DR. SOSPETER MAGITA MACHAGE
29. PARIS-H.E. MS. RAYCHELLE AWUOR OMAMO
30. ROME -H.E. MRS. ANNE BELINDA NYIKULI
31. STOCKHOLM -H.E. MRS. PURITY WAKIURU MUHINDI
32. VIENNA -H.E. MR. JULIUS KIPLAGAT KANDIE
33. NEW YORK- H.E. ZACHARY D. MUBURI -MUITA
34. OTTAWA- H.E. PROF. JUDITH M. BAHEMUKA
35. WASHINGTON- H.E. PETER NICHOLAS RATENG’ OGEGO
36. ABU DHABI- H.E. BISHAR ABDIRAHMAN HUSSEIN
37. RIYADH -H.E. MR. ABUBAKAR ABDI OGLE
38. TEHRAN- H.E. MR. ALI ABBAS
39. TEL AVIV- H.E. MS. FELISTAS VUNORO KHAYUMBI
40. KENYA CONSULATE , LOS ANGELES- MS. MARY NYAMBURA KAMAU
41. LIBYA -H.E. MR. EPHRAIM WAWERU NGARE
42. BRAZIL- H.E. MR. PIUS NAMACHANJA
43. THAILAND -H.E. DR. RICHARD TITUS EKAI
44. JUBA- P. K. ANGORE

Ministers
VICE-PRESIDENT AND MINISTER FOR HOME AFFAIRS: THE HON. DR. ARTHUR MOODY AWORI,
Minister of State, Ministry of State for National Heritage: THE HON. SULEIMAN R. SHAKOMBO,
Minister of State, Ministry of State for Youth Affairs: THE HON. DR. MOHAMMED A. KUTI,
Minister for Local Government: THE HON. MUSIKARI N. KOMBO
Minister for Health: THE HON. CHARITY KALUKI NGILU,
Minister for Roads and Public Works: THE HON. SIMEON NYACHAE
Minister for Science and Technology: THE HON. (DR). NOAH M. WEKESA
Minister of State for Public Service: THE HON. MOSES AKARANGA, E.G.H
Minister of State for Immigration and Registration of Persons: THE HON. GIDEON S. KONCHELAH
Minister for Agriculture: THE HON. KIPRUTO RONO ARAP KIRWA
Minister for Livestock Development: THE HON. JOSEPH KONZOLLO MUNYAO
Minister, Foreign Affairs: THE HON. RAPHAEL TUJU
Minister, East African Community: THE HON. JOHN KIPSANG ARAP KOECH
Minister for Transport: THE HON. (AMB. ) CHIRAU ALI MWAKWERE
Minister for Water Development: THE HON. JOHN MUTUA KATUKU
Minister for Regional Development Authorities: THE HON. MOHAMED ABDI MOHAMUD
Minister for Trade and Industry: THE HON. (DR.) MUKHISA KITUYI
Minister for Tourism and Wildlife: THE HON. MORRIS M. DZORO
Minister for Lands (ag): THE HON. (PROF.) KIVUTHA KIBWANA
Minister for Housing: THE HON. PETER SOITA SHITANDA
Minister for Environment: THE HON. (PROF.) KIVUTHA KIBWANA
Minister for Labour and Human Resources: THE HON. (DR.) NEWTON KULUNDU
Minister for Pl ann ing and National Development: THE HON. HENRY O. OBWOCHA
Attorney-General: THE HON. S. AMOS WAKO,

Assistant Ministers
Assistant Minister for Provincial Administration: THE HON. JOSEPH KAHINDI KINGI, M.P.
Assistant Minister for Public Service: THE HON. BONIFACE MGANGA, M.P.
Assistant Minister, Ministry of State for Defence: THE HON. STEPHEN K. TARUS, M.P.
Assistant Minister, Immigration and Registration of Persons: THE HON. ANANIAH MWABOZA
Assistant Minister, Ministry of State for Special Programmes: THE HON. WARIO ALI, M.P.
Assistant Minister, Ministry of Home Affairs: THE HON. SAMUEL MOROTO,
Assistant Minister, Ministry of Home Affairs: THE HON. HUSSEIN MAALIM MOHAMMED,
Assistant Minister, Ministry of State for Youth Affairs: THE HON. KATOO J. OLE METITO,
Assistant Minister for Urban Authorities: THE HON. ISAACK A. SHAABAN
Assistant Minister for Medical Services: THE HON. (DR.) WILFRED G. MACHAGE
Assistant Minister for Public Health: THE HON. (DR.) ENOCK W. KIBUNGUCHY
Assistant Minister for Public Works: THE HON. HUSSEIN T. SASURA,
Assistant Minister, Science and Technology: THE HON. UKUR KANACHO YATANI
Assistant Minister for Research and Extension Services: THE HON. PETER KAINDI
Assistant Minister for Livestock Development: THE HON. STEPHEN OLE NTUTU, M.P.
Assistant Minister for Fisheries Development: THE HON. MOHAMED ABU CHIABA
Assistant Minister, Justice and Constitutional Affairs: THE HON. DANSON B. MUNGATANA,
Assistant Minister for International Affairs: THE HON. MOSES WETANGULA,
Assistant Minister, East African Community: THE HON. ((DR.) BONI KHALWALE
Assistant Minister for Gender and Social Services: THE HON. MRS. ALICEN J.R. CHELAITE
Assistant Minister for Sports: THE HON. JOEL O. ONYANCHAH
Assistant Minister for Communications: THE HON. DAVID WERE
Assistant Minister for Water Services: THE HON. MAJOR (Rtd.) ADEN A. SUGOW
Assistant Minister for Water Resources Management: THE HON. RAPHAEL WANJALA
Assistant Minister for Trade: THE HON. ABDIRAHMAN ALI HASSAN
Assistant Minister for Wildlife: THE HON. RICHARD KALEMBE NDILE
Assistant Minister for Lands: THE HON. ASMAN A. KAMAMA
Assistant Minister for Labour Relations: THE HON. SAMMY P. LESHORE,
Assistant Minister for Manpower Management: THE HON. ADELINA N. MWAU
Assistant Minister for Pl ann ing: THE HON. DAVID EKWEE ETHURO
Assistant Minister for National Development: THE HON. JOHN B. SERUT

This is what ODM-Kenya diehards would not have us see. The name of the game is trying to win votes using fear and disinformation, apparently the focus of the campaign being illiterate Kenyans. Kenyans are in dire need of a party that has a roadmap for building Kenya and uplifting it's citizens. Unfortunately both Narc and ODM lack in these aspects.
The furture does indeed seem bleak.

Twitter: @DeCaptainCFE

SHOULD KENYA ANTI-CORRUPTION COMMISSION (KACC) BE DISBANDED?

Allow me to comment on this debate. I served in the KACC as a Crime Reading Officer in the Legal Services Department between 2005 and 2006. Prior to joining KACC I had served the Government in the Armed Forces where I had successfully prosecuted several criminal cases before the Court Martial.

I would like to tell Kenyans a number of things that they do not know about the Commission.

1. The Commission is staffed by very experienced officers with wide experience and expertise in many disciplines. Most of them are very committed to their work and would like to see Kenya become a corrupt free society. They spend a lot of time to collect and collate evidence regarding mega financial scandals which are a reflection of looting of public resources in the years gone by. The officers have done a lot and if the number of files under investigation is anything to go by, then they deserve commendation and not condemnation. Some of the files under investigation may however never see the light of day, and this for several reasons. Many of the scandals under investigation relate to many members of the current political class starting from Ministers, Assistant Ministers, Members of Parliament, Permanent Secretaries, CEOs of State Corporations etc.

Secondly, Justice Ringeera is himself a major hindrance to the ongoing investigations. A lot of time is spent by the officers doing in-house memos and proof- reading their own work. This is because the judge does not trust his own officers, especially those with police background and views every investigation with the mind set of a serving judge. Justice Ringeera has refused to accept the fact that he is no longer a judge but an investigator. He has therefore put a lot of administrative hurdles in the way of investigating officers and he has to sign each and every file, letter or memo that leaves the commission to another government agency. Due this beauracracy a completed investigation file would take not less than two months to leave the Commission for the Attorney General's Chambers. At the AG's Office the file is then read and re-read again and would take another month before suspects are arraigned in court. If there are further queries from the State Prosecutors, then the exchange of letters and memos would take another two months before the file ever gets to court.

2. The other most baffling thing about Justice Ringeera and his top management is their inability to put up proper governance structures in a public body which claims to be the epitome of virtue. The hiring, staffing and deployment policies of KACC are very poor and give the Judge a lot of room to exercise open favouritism. A good example is in the legal department where it is not strange to find officers who graduated the same year, with similar qualifications and the same number of years of experience occupying very varied positions. The favoured lot come from an enclave of Eastern Province and occupies positions which are 3 or 4 grades senior to their contemporaries or even more senior advocates. I reserve the names of the effected officers for obvious reasons. This disparity is also evident in the other departments and every insider in the Commission knows that there is marked difference in stipends between the favoured lot and the rest.

3. The other problem at the Commission is that of leakage of information relating to sensitive investigations. When I was serving in the Commission, it was not strange to find some defence lawyers with more information relating to case file than the KACC Investigators/ Crime Reading Officers. Some of the defence lawyers would openly boast that their clients (mainly politicians) are well connected to top managers at the Commission. This is not strange since the appointment of Justice Ringeera and other top managers was passed in Parliament after political horse trading. This is why the present leadership of the Commission has demonstrated ineptitude and incapacity in dealing with past and present corruption once and for all. Hon. Justice Aaron Gitonga Ringera may have been excellent as a law professor and a judge but his stewardship of the KACC is questionable. If the comments of some Ministers, MPs, anti graft activists, ordinary Kenyans and some of officers who served under him are anything to go by, then his leadership of KACC is nothing to write home about.


4. My take on this debate is that the KACC as an institution is doing a good job against many odds. The officers are very committed too but the leadership is very wanting. Kenya needs KACC. There are internal problems in the Commission which cause delay in completing investigations. These are not institutional, but of bad leadership. Parliament should not condemn the Commission because of one person.

NORTH EASTERN KENYA HAS GREAT ECONOMIC POTENTIAL

Last month the government announced that the construction of the Isiolo- Moyale road will commence in November. During his recent visit to North Eastern Province (NEP) president Mwai Kibaki opened the Wajir Airport and commissioned the construction of the Garissa- Mandera road. The president also announced his government’s economic blue print for the region. This is really good news, not just for the people of North Eastern Province (NEP) but also for the business community in the country.

For a long time the far flung areas of northern Kenya have been associated with death and despair occasioned by prolonged drought and relentless clan and inter-tribal wars over livestock and pasture. This has created a longstanding albeit flawed perception that northern Kenya is not viable for commercial exploitation. Immediately after independence the people of the then Northern Frontier District instigated an unsuccessful attempt for self determination against the new regime in Nairobi. Consequently, successive governments have ignored the area and left it devoid of any meaningful infrastructural development. Inevitably, the region is a nucleus for illicit trade in small arms and experiences rampant insecurity. Widely scattered administrative and military outposts are the only semblance of government. Residents cannot access basic services and largely depend on relief agencies for subsistence. The security forces deployed in NEP are sustained as detachments on active military service at a considerable expense to the exchequer.

The expansive range lands in northern Kenya are suitable for commercial ranching and tourism. Botswana, a landlocked country has a thriving economy reliant on livestock production and tourism. The government’s plan for northern Kenya should be expanded to include the improvement of the Rumuruti- Maralal- Baragoi road to facilitate trade in livestock and tourism in the picturesque Suguta Marmar -Malasso Valley which rivals the wild beast migration in the Maasai Mara in natural exquisiteness.

The business community in Kenya stands to benefit immensely from the ongoing and proposed infrastructural developments in the marginal range lands of northern Kenya. These developments and enhanced security will reduce government expenditure on security, open up the region for financial exploitation; create new metropolis, greater economic space and fresh frontiers for investment. This will help to lessen the demographic pressure on Nairobi and other urban centers and may be preferable to the suggestion by the Architectural Association of Kenya (AAK) to relocate the congested city of Nairobi to a new site. Far from giving political mileage to the government, the economic blue print for the NEP and outlying districts will address historical disadvantages and make reparations for the economic neglect and injustices occasioned to the people by past political regimes.

COMPUTER FORENSICS-KENYA NEEDS A LAW TO PROTECT BUSINESSES AGAINST CYBER/COMPUTER CRIME

The business community like the media should have celebrated the withdrawal of The Kenya Communications (Amendment) Bill, 2007 by Minister Mutahi Kagwe. The Minister cited the need to introduce clauses to deal with cyber crime and protect the optical fibre cable as the reason for the withdrawal.

Most businesses and financial institutions in Kenya have now embraced Information and Communications Technology (ICT) and are highly dependent on computers for operations and accounting. For older enterprises, it is impossible to envision a business process re-engineering that does not engross the automation of core business processes. Automation is intended to give businesses a competitive edge in their industry but this is not always the case. High dependency on ICT comes with the attendant risks of electronic fraud, pilfering of data and computer components which can sometimes bring an entire enterprise to it knees. This has forced major commercial entities to invest in expensive physical security systems and software to prevent corporeal intrusion into their premises and protect sensitive data from theft and possible manipulation by competitors and external hackers. In spite of these efforts businesses and the general public have not been spared of electronic fraud. The media has reported numerous cases of computer crime involving credit card fraud, false lottery offers, pyramid and multi-level marketing investment schemes.

Kenya does not have an elaborate legal framework to protect businesses against electronic fraud and theft of computer data. Digital evidence is a 20th century phenomena and many laws in our statute books which were adopted in 1897 do not take cognisance of its existence. Past attempts to make digital evidence an integral part of our law of evidence have been haphazard. In 2000 parliament amended the Evidence Act Cap 80 to provide for the admissibility of digital evidence in court. The Interpretation and General Provisions Act, Cap 2 was not amended and still requires the production of a physical document for purposes of adducing evidence in court. This means that the production of information and evidence generated, sent or stored in magnetic, optical or computer memory is still contentious. Computer evidence only received passing mention in the Narcotic Drugs and Psychotropic Substances Control and the Anti-Corruption and Economic Crimes Acts. The Central Depositories Act, 2000, and the Government Financial Management Act, 2004, criminalise and provide stiff penalties for manipulation of electronic data. The Capital Markets Authority (CMA) which employs a computer system to centrally handle commercial securities was given wide power to enter, seize, search, inspect and operate suspect computer systems. This was intended to protect investors and preserve the integrity of data maintained in the computer systems at the Nairobi Stock Exchange and to curb larceny of public revenue through computer systems. The Criminal Procedure Code and the Evidence Act do not have corresponding provisions to enable Kenya Police carry out proper investigations in cases involving electronic fraud.

As technology becomes more complex and more Kenyans join the national grid, commercial entities could become wholly dependent on ICT for operations and this will witness a sharp rise in computer crime. The police and other law enforcement agencies will require computer forensic techniques and methodologies to conduct computing investigations and analyze information contained in and created by computer systems and computing devices so as to determine when, how and who committed the computer crime.

To protect businesses against computer fraud, Kenya urgently needs a law to provide a framework of standards, quality principles and approaches for the detection, preservation, recovery, examination and use of digital evidence for forensic purposes. The law should regulate training and certification to encourage more consistent investigative methodologies and hence the production of more comparable results, so as to make computer forensics an integral part of our law of evidence.

POLITICAL PARTY FINANCE & THE LINK TO CRIME AND MONEY LAUNDERING IN KENYA.

The phrase “money laundering” gained prominence during the Watergate Scandal when President Richard Nixon’s Campaign Committee moved illicit campaign donations to Mexico and then brought the funds back through a shell corporation in Miami.

In every election year, Kenyans experience extraordinary generosity from politicians. The countryside comes into life with new projects and unsolicited donations towards various courses. Is this excessive benevolence always genuine and who funds it?

From globe trotting, forming new charities, trusts and foundations, to plans for expensive associative lunches and dinners, politicians are sparing no efforts to raise campaign funds for this year’s general election. The clamour for a Ksh. 6 million send off by members of the 9th parliament should be seen in the same light. In a nascent democracy, there is always a risk that the governing party could use public funds or dispose of state assets to fund its campaign. The allocation of Karura Forest land around 1997 is a fine example. In developed democracies, political parties raise their campaign funds from member subscriptions and sponsors in an open and transparent manner. They are also subject to regular and independent audit by the state.

The Political Party Parties Bill, 2004 is yet to become law meaning that Kenya has no law or appropriate structures to regulate and audit political party finance. Parties and contestants are therefore free to raise campaign funds using every available means. The stakes are higher in this year’s election since the opposition is seeking to unseat a serving president. Racketeers and wheeler dealers are lining up watching keenly from the sidelines for the perfect opportunity to “invest’ in the right political party or alliance. Such an investment does not come cheap and is incredibly dear to the taxpayer in the long run.

The pay back comes in several ways. It can take the form of poorly negotiated public procurement deals which are highly lopsided against the state. The citizens end up paying many more times the value of ordinary items procured by the sate. Financial scams such as the Goldenberg and Anglo Leasing all appeared during election campaigns. Another form of compensation is protection from arrest and prosecution by the law enforcement agencies of the state. In 1973 Robert Lee Vesco donated huge sums of money to the Nixon campaign in a bid to ward of investigations into a financial scam involving US $ 220 Million by the United States Securities and Exchange Commission (SEC). Vesco later fled to Costa Rica and donated US $ 2.1 Million to a company owned by president Jose Figueres who in turn passed a law to guarantee that Vesco would not be extradited to face trial in the US.

Since money and politics are like two sides of the same coin, Kenya is not immune to such deals. Corrupt politicians and mercantile sharks will stake their money with the party or coalition most likely to win. Come next year, the victorious beneficiary regime may then be strained into complacency and acquiescence of the predicate crimes committed by these benefactors. The governing party will then use state power to obstruct or thwart investigations into party and campaign finance corruption. This explains why serious trans-national crimes such as drug trafficking, tax evasion, illicit trade in arms, human trafficking, cyber crime, smuggling and trade in endangered species sometimes appear to have the backing of officialdom. In Kenya one can add pyramid schemes, cattle rustling, poaching, violent robberies, extortion and car jacking. There is a great possibility that some politicians may be linked to attempted incidents of trade in the endangered Osyris lanceolata (Sandalwood) intercepted by the Police and Kenya Wildlife Services (KWS) in Central Kenya and Rift Valley.

Policing political campaign financing is as hard as implementing price controls. Politicians and lobbyists are likely to use shell companies, charities and trusted organisations to shift funds around so that contributions from suspicious sources are disguised as legitimate and used for personal gain. The situation is more even complicated by the failure of the 9th parliament to pass the Proceeds of Crime and Money Laundering (Prevention) Bill, 2004. Reputable businesses, financial and professional firms need to be more stringent to guard against being used as conduits of campaign donations derived from illicit sources. They should strictly observe the Prudential Guidelines of the Central Bank of Kenya, the Capital Markets (Securities) Regulations and the international Anti- Money Laundering Principles to guard them against loss of reputation that comes with real or perceived association with perpetrators of financial crime.

It is never in the interests of the ruling class to pass laws that hamper their ability to manoeuvre around political campaign finance. However, the best gift the 9th parliament can give Kenya is to pass the Political Parties and the Proceeds of Crime and Anti- Money Laundering Bills. This will promote and entrench transparency and accountability in the electoral process in Kenya. This could be their last saving grace after nearly 5 years of estrangement with the voters.

GENERAL ELECTIONS IN KENYA: IT IS ALL ABOUT POLITICS, NOT ECONOMIC GROWTH OR DEVELOPMENT

As Kenya approaches the next general elections, political contenders have cast away all pretensions and are engaged in real politik devoid of ethical inhibitions in their attempt to lure voters to their side. Politics is about influence, successful politics is power. Power is fundamentally about economics and money; who has what and what goes where. Whereas the method of translating political influence into power is not entirely legal, the process of exercising political power in a democracy is strictu sensu legal. The absence of legitimacy in such exercise is anarchy. Law is therefore essentially about power, who can order who to do what, when and how. Quest for political power is fundamentally a pursuit to control the lawful instruments for the mobilisation and distribution of state resources.

The results of the last three general elections indicate that victory depends on the ability to harness and galvanise tribal support for a political party rather than economic growth or development. This is an inherently destructive element in our political process. It claws on our sense of nationhood and could eventually lead to an internal collapse of the state. President Kibaki’s attempt to rally Kenyans around work and economic growth has had nominal success. His clarion call for a taifa tekelezi (working nation) has been drowned by a cacophony of noises from the opposition benches in and outside parliament. The voices of the Kenya Association of Manufacturers (KAM), Kenya Private Sector Alliance (KEPSA), Federation of Kenya Employers (FKE), the Central Organisation of Trade Unions (COTU), the Kenya National Chamber of Commerce and Industry (KNCCI), Nairobi Stock Exchange (NSE), Association of Kenya Insurers (AKI), Kenya Bankers Association (KBA), the Media Owners Association (MOA) and other business and professional associations have been drowned or reduced to a mere whimper in the resultant discourse on who will distribute the “National Cake” after December. It is a distressing situation because members of these associations generate the greatest percentage of state revenues which politicians are craving to control.

Politicians have perfected the art of deceit and use of ethnicity as the focal point for political mobilisation. Promise for economic development and prosperity to the “right” or politically correct communities is their bait for luring citizens to vote in a certain direction. In reality, the contestants pledge to abuse power to benefit a region or section of this country at the expense of others. None is telling citizens is that development and equitable distribution of resources is largely dependent on enhanced production and revenue collection as well as fiscal discipline in the public sector. No contender is challenging the government or providing alternatives for improving revenue collection, fighting corruption, induction of professionalism in the civil service, youth and women ventures, industrial innovation, titivating the stock exchange and infrastructural development in the roads, energy and transport sectors. We hear no talk about technological advancement, regional trade and investment, employment of our excessive human capital or the search for new markets for our agricultural, industrial and jua kali products. These will take a back seat for some time as politicians build coalitions around tribes. It is paradoxical since all the promises for free services in education, health et al are dependent on revenues which Kenyans must generate. The quest for political power should be underpinned by an authentic desire to positively synergise the citizenry towards production before any debate regarding the mobilisation and distribution of state resources amongst them. You cannot share or distribute what you do not have, period. The promotion of a national psyche which harnesses intellectual and emotional energies towards invention and commerce is a better alternative to incessant politics of subsistence.

MT. ELGON CLASHES: PRESIDENT KIBAKI SHOULD DEPLOY THE KENYA ARMY NOW.

During his recent visit to Western Province, President Kibaki ordered a decisive onslaught on the Sabaot Land Defence Forces (SLDF). In a direct affront to this directive the militia launched swift fresh attacks leaving a number of local politicians dead. This followed an earlier attempt to kill the local MP and Assistant Minister for National Development, Hon. John Serut Bomet. They also made a number of new demands which include the creation of a new district and the transfer of all Provincial Administration officers serving in Mt. Elgon region. These thinly veiled political demands by the militia are a manifestation that their grievances have graduated and escalated from demands for equitable distribution of resources to a desire for the control of a viable terrestrial economic unit or governable territory.

The primary statutory responsibility of the Armed Forces in Kenya is the defence of the territorial integrity and independence of the State. Their secondary role is to aid civil authorities in the maintenance of law and order and amelioration of civil disasters. Governments all over the world avoid involving their armed forces in containing localised armed insurrection to avoid the stringent rules of the 1949 Geneva Convention on Non-International Armed Conflicts and the 1977 Protocols additional thereto. Armed militia groups like the SLDF thrive on the logistical support of a complacent local population or a foreign power. At the moment there are no indications that the SLDF has the backing of any foreign power. The government has deployed over 600 officers from the General Service Unit (GSU), the Regular Police and the Rapid Deployment Unit (RDU) of the Administration Police yet the nefarious activities of the SLDF continue unabated. President Kibaki even hinted that Kenya would request Ugandan authorities to assist in apprehending SLDF militiamen who seek refugee across the border after committing atrocities across the border. Just what makes the SLDF militia such a force to reckon with?

The SLDF is adopting tactics similar to those of the Lord’s Resistance Army (LRA) in northern Uganda and its activities have spread fear and caused massive demographic displacement in Mt. Elgon and neighbouring districts. If not checked now, the militia could grow into a fully fledged insurgent group controlling a terrestrial economic unit. The problem of Mt Elgon may then become a Non-International Armed Conflict and this will force the government to apply the Common Geneva Conventions and United Nations (UN) Protocols while dealing with members of this rag tag army. The SLDF does not have tactical superiority over the Kenya police but a number of factors favour them. The suppression of non conventional armed groups like the SLDF requires the deployment of a security force that is highly mobile, versatile and agile. The police have done a lot to contain the situation in Mt. Elgon but the terrain does no favour their type of operations. They have to be in a state of constant mobility in order to respond to all incidents and move to hotspots where the SLDF militia attack the population. Their goals are usually to repulse or apprehend the attackers where possible. In addition the police have to investigate the actions of the SLDF like any other ordinary crime. When normality is restored the police typically move out of such an area and leave the local population to pick up the pieces and fend for themselves without a first line of defence. This leaves the population vulnerable to fresh attacks and without a proper support mechanism for a gradual return to ordinary social life.

Kenya does not have a territorial defence force to protect civil populations residing in a combat zone. Only the Kenya Armed Forces have the logistical capability and the equipment to carry out this role. The government should urgently deploy the Kenya Army to Mt. Elgon to supplement the police efforts of containing the SLDF. Whereas the Army should not get involved in direct combat with the militia it can assist in several ways. Firstly, the local population will not be left defenceless in the areas which have been cleared of the SLDF militia. Secondly, the Army will hold areas devoid of the militia as Grounds of Tactical Importance (GTI) in the security operation against the SLDF. This will give the police ample opportunity to gather crime intelligence from the local population while pursuing the criminal gang in other areas. Finally, the Army has the appropriate equipment for prolonged camping in hostile terrain where they can provide relief services such as food, clean water and medical assistance. The Army can also provide equipment and personnel to make roads and light bridges to improve vehicular mobility in the hilly terrain of Mt. Elgon. The Armed Forces Act allows the president to deploy the Kenya Armed Forces in places like Mt. Elgon where forces meant to curb internal security threats face serious logistical problems. The deteriorating situation in Mt. Elgon calls for such urgent deployment. The president will simply be discharging his constitutional responsibility as the Commander – In – Chief if he deploys the Kenya Army to Mt. Elgon.

FEMALE GENITAL MUTILATION (FGM) IN KENYA IS HARMFUL.

I would like to thank you for your very insightful topic on “The Unkindest Cut of All” in last Wednesday’s 16 May 2007 Living Magazine. Your article provided a graphical illustration of the traumatic effects of the harmful and archaic practice of female genital mutilation. This practice has subjected women in many parts of Africa to undue and unnecessary pain and suffering. It has denied them the opportunity to fully appreciate themselves and enjoy their humanity. The communities that practice this outdated vice have relegated their women to 2nd class citizens. The best postulation that your article brought to the fore is that those who practice the vice do it from a point of ignorance. Information on the physical and physiological effects of FGM is not readily available in many parts of Africa . The practice is hinged on mysterious and outdated cultural beliefs that have been entrenched for many centuries. Your article clearly demonstrated that many men who support this vice have never had the chance to really appreciate the physical harm that is inflicted on the women who undergo it. No sane man would support female genital mutilation after witnessing the graphical illustration of the trauma inflicted on the victims. I do not however quite agree with you that the Children’s Act, Act No 8 of 2001 will help to reduce the prevalence of this practice in Kenya. The Act became law on 31st December 2001 and expressly outlawed female genital mutilation. This has not however stemmed the practice in many parts of the country. The criminalisation of a long-standing cultural rite has forced many circumcisers to go underground with the result that the practice is now carried out in secret.

The best approach to combat this vice as you ably demonstrated is through massive public education of both men and women in the communities that practice it. These communities consider the practice as an accepted rite of passage and a standard moral norm for all their female members. Experience and research has shown that a law that is bereft of any moral content lacks the force of legitimacy to elicit voluntary compliance. Public education will help these communities to understand and appreciate the health and psychological implications of the harmful practice. Only then will they voluntarily comply with the provisions of the Children’s Act. Your article should be a wake up call to all civil societies and gender activists that point education rather than grand conferencing is the best method to reducing if not entirely eliminating the incidences of this harmful practice from our society.

Twitter: @DeCaptainCFE

1982 COUP- DOMINIC ODIPO OF THE STANDARD GOT IT ALL WRONG

Habari Mwalimu Odipo

I served the Kenya Air Force as a Legal Officer for a number of years. Allow me to correct Mr. Dominic Odipo or is it Professor Odipo? He got it wrong all in his commentary today. To begin with, Hezekiah Rabala Ochuka, was and has never been a Senior Sergeant in the Kenya Air Force. He was a mere Senior Private Grade 1. That is the lowest ranking Non- Commissioned Officer in the Armed Forces of the Republic of Kenya. His main accomplice was one Senior Sergeant Pancras Oteyo Okumu. Both were hanged after trial and conviction by Court Martial. Mr. Odipo's intimation that Ochuka was a Senior Sergeant is incorrect and a distortion of historical facts. He should correct it if his intention is to infom the more than half of the Kenya population he claims have no knowledge of the attempted coup.

Odipo appears to suggest that the Armed Forces should make merry and celebrate August 1 as a milestone. This exposes him as an ignorant person on matters military. The primary duty of the Armed Forces of any country is the defense of the territorial integrity and political independence of the State. The legitimacy of a government is not the same thing as it is competency. Members of the armed forces are trained to obey a legitimate government and have no mandate or authority to question its political competency. The armed forces are supposed to be politically neutral at all times and that is why mutiny or the willful disobedience to the established political order is one of the most serious offences that can be committed by a serving officer or soldier. It is punishable by death.

There is nothing to celebrate about the unfortunate and disgraceful events of August 1, 1982. The character of any nation, country or state is defined by the behaviour of its armed forces. Kenya was about to suffer the ignominy of a military dictatorship or sink to a state of absolute lawlessness due to the political adventurism of a few people. There are those who think that the coup plotters are heroes and have all the right to think. They even have a right to claim as they do that Ochuka ruled Kenya for 6 hours if that serves any purpose to their egos. It is however wrong for an intellectual to seek to justify the overthrow of a lawful constitutional order through illegal means. It was unacceptable then and still is today. The civilian accomplices of the 1982 attempted coup plotters were lucky to get way with it, notwithstanding the number of deaths, suffering and destruction they visited upon Kenyans. Some are still unrepentant and have even glorified their participation in biographies. Ironically, one or two are even seeking a political office that will bestow them with the title "Commander- In - Chief of the Armed Forces of the Republic of Kenya".

Political pluralism was no restored in Kenya after the attempted coup. If anything, history shows that the government and the political regime became more repressive. That was the main lesson that the political adventurers of the time should have learnt. 1982 was not the first time that politicians had attempted to take overthrow a legitimate government in Kenya. There were other mutinies in 1964 and 1971. Records are there to show who were involved and the resultant action by government. The plotters of the 1982 coup did not seem to have learnt anything from the earlier events. Their sympathizers do not seem to have learnt any lessons too and love to politicize even military matters they have very little knowledge about up to this day. This is sad for our nascent democracy. It is bad to glorify the events of August 1, 1982 or to even suggest that our Armed Forces should regard that day with any significance. August 1982 is a bad chapter in the history of the Kenya Air Force and the entire Armed Forces of Kenya.

MUNGIKI KILLINGS: KENYA NEEDS A POLICE COMPLAINTS AUTHORITY NOW.

POLICE KILLINGS: KENYA NEEDS A POLICE COMPLAINTS AUTHORITY NOW.
The greatness of an institution can be measured by the strength of its internal investigations." -Robert S. Mueller, III

The Kenya Police Force is a creation of the Police and the Administration Police Acts, Chapters 84 and 85 of the Laws of Kenya. The Commissioner of Police, a constitutional office holder, enjoys extensive statutory powers in the administration, discipline and superintendence of the force.

A glaring omission in the two Police Acts is the lack of a procedural framework for redressing citizen grievances against members of the force. Ordinary Kenyans have little or no administrative recourse against wilful or inadvertent transgressions of the law by police officers. Police Commanders have wide discretionary powers over issues relating to discipline and normally adopt a standard response that “the police are carrying out investigations” whenever they are faced with queries regarding wayward behaviour involving their juniors. This perfunctory response has become the euphemism for shoddy police services in Kenya. The events of the last two months have brought into sharp focus the ability of the police force to deal with excesses within its ranks. The months of May and June were marked by major security operations leading to the loss of over 100 lives with the police losing 12 of their own. We ought to salute these gallant soldiers for putting their lives on the line in the defence of public safety and security. The press has reported numerous complaints and accusations that the police killed and harassed innocent people in their bid to crush the Mungiki sect in Nairobi, Central Kenya and Rift Valley. Similar complaints have been made in Mt. Elgon where the police are battling the Sabaot Land Defence Force (SLDF) and in Kwale where they carried out an operation against members the Mombasa Revolutionary Republican Council (MRRC).

The provisions of the Criminal Procedure Code, the two Police Acts, the Force Standing Orders and the Police Code of Regulations, bind police officers in the discharge of their duties. In addition, every security operation is supposed to have specific Operational Orders (OPOs) or Rules of Engagement (RoEs) which must be strictly observed by every officer involved. These rules are intended to avert casualties and minimise collateral damage. Failure to observe operational orders may lead to unnecessary fatalities or casualties on both sides.

The Criminal Procedure Code stipulates that whenever a person dies in the hands of a police officer, a magistrate’s court or a police station commander should hold an inquiry to determine the circumstances that caused the death and whether an offence has been committed. The continuing public outcry and agitation by pressure groups could be an indication that these provisions are not being observed in respect of the victims of the recent police operations. Wishing away these complaints would be contrary to the spirit of the ongoing police reforms as envisaged in the Kenya Police Service Strategic Plan 2003-2007.

There is an urgent need to create an internal mechanism to check excesses and investigate non-compliance with standing orders and operational guidelines by police officers. The Kenya National Human Rights Commission (KNHRC) and even the recently created Public Complaints Committee (PCC) do not have the requisite capacity to discharge this function. Owing to their civilian character, these bodies do not have access to police intelligence reports and operational orders. Security operations are highly secretive in nature and civilians have no access to classified operational and logistical information.

The Commissioner of Police should invoke his powers under sections 4 and 5 of the Police Act and establish a specialised unit to handle complaints against police officers. The establishment of such a unit is contemplated in the Force’s strategic plan. Maj. Gen. Mohammed Hussein Ali should borrow a leaf from the United Kingdom, Canada, Australia and closer home, South Africa and create an Internal Affairs Unit or an Office of Professional Responsibility for the police. In those countries the Internal Affairs Unit acts as the guardian of the police force’s reputation. It is usually headed by a senior officer of excellent integrity who is directly answerable to the chief of police. Gen. Ali should create a special unit with the mandate to conduct comprehensive proactive and reactive investigations into allegations of corruption, serious misconduct and unethical and unprofessional behaviour against members of the force. The unit should also have the mandate to investigate alleged incidents of harassment, use of unnecessary or excessive force, use of language or conduct that is insulting, demeaning, discriminative or humiliating.

Police officers are entitled to certain rights like all citizens. An internal investigative division will provide procedural safeguards to ensure that all complaints are supported by sufficient evidence. The unit will entrench due process and protect police officers against punitive administrative action by superiors. The cases of the two General Service Unit (GSU) officers who were dismissed after an operation against the Mungiki sect in Murang’a North would have been investigated by the unit. Such a unit managed by peers can effectively adjudicate cases of administrative discipline based on investigations to determine if the allegations are truthful and recommend appropriate disciplinary action. This is because contemporaries who comprehend the exigencies of duty, the operating environment and attendant rules are usually more effective in the investigation of cases of professional misconduct.

Kenya is a nascent democracy with a vibrant private and public sector commercial enterprise. The country requires a police force that is committed to providing professional high quality service to all. The establishment of an internal investigative unit will promote the highest attainable standards of integrity, professionalism and accountability in the Kenya Police. The unit will be most effective if it is placed directly under the command of the Commissioner of Police. The Police Strategic Plan proposed the creation of a Police Service Commission, an Oversight Board and a Police Complaints Authority. Parliament has not yet passed the enabling legislation for the realisation of this vision. In the meantime, the KNHRC, the PCC and Parliamentary Committees can play the higher role of auditing and reviewing the reports of the Internal Affairs Unit to determine the efficacy of the Police Force’s internal disciplinary process. Public confidence will be strengthened by ensuring that allegations of corruption or misconduct by police officers are taken seriously, carefully investigated by skilled officers, and reviewed by an independent body.

EQUITY BANK: ATTACKS ARE UNJUSTIFIABLE

ATTACKS ON EQUITY BANK ARE UNJUSTIFIABLE

It is trite law that an investigating officer may only arrest a suspect or commence an investigation on the basis of reasonable suspicion. This procedural safeguard is aimed at discouraging frivolous and vexatious accusations or anonymous complaints, which may be injurious to another person. Mr. S. K. Patel, who complained against Equity Bank, has not stated the capacity in which he is complaining. He has not demonstrated any breach of the law or fiduciary obligation by Mr. James Mwangi the CEO of the bank or it’s Board of Directors. As a depositor, he is required to cite a specific breach relating to lending, shareholding or dealings with customer deposits contrary to the provisions of the Banking Act. Alternatively, he could cite non-compliance with the disclosure requirements set by the Prudential Guidelines under the Central Bank of Kenya Act. As a shareholder, he needs to show fraud or breach of a fiduciary obligation owed to him and other shareholders by the Board or a specific director. A complaint against management should relate to a specific contravention of the bank’s Internal Rules of Management.

His complaint does not cite any specific breach of the Companies Act or the Capital Markets Authority Act regarding the capitalisation of the bank in the creation, allocation and issuance of its shares. If he is not a shareholder or a depositor with the bank, he lacks the locus standi or the capacity in law to make the kind of allegations he is making. To sustain a claim of impropriety, Patel ought to demonstrate that Mr. Mwangi has done something wrong while discharging his duties in his capacity as director qua director at Equity Bank and not in any other capacity. Secondly, the improper act must be illegal or unlawful and thirdly the act must have been prejudicial to the interests of the bank or have occasioned loss to another person. Without these elements, the attack on Mr. Mwangi regarding his past association with another institution is spurious at best.

The CBK confirmed that it has received similar generalised complaints against Equity in the past. What has spurred these attacks against the bank and its management? The detractors of Equity have not produced any specific evidence of wrong doing or breach of the law on the part of Mr. Mwangi or the Board of Directors of the bank. They prefer to remain anonymous and their attacks are mere generalised accusations which do not disclose what fiduciary duty they are owed by the bank. The public is thus entitled to construe their accusations as unethical business practice by desperate competitors or political mischief by persons acting at the behest of the competitors. Nevertheless, the allegations found their way to parliament last week and Honourable Members of the August House devoted considerable legislative time to debate them. And there lies the irony. Is there a hidden hand behind these attacks?

The detractors of Equity base their attacks on its rapid growth as well as the attention its shares are receiving at Nairobi Stock Exchange. This exposes them as seriously uninformed. Equity is not a bubble. The bank has existed for over 20 years albeit in different legal capacities. First, as a Building Society registered under the Building Societies Act, and now as a Commercial Bank, registered under the Companies Act and licensed under the Banking Act. It was during its former existence that the bank’s unique business model and brand were conceived and nurtured. Its is this model that has appealed to many Kenyans in the lower end of the industry and attracted cognition and applause from international bodies.

Equity’s is foundation was laid during its days as building society. Curiously, the institution did not attract much attention then from competitors and politicians. Its competitors in the financial sector then ignored or laughed it off at best. When Equity took its brand to the low-income earners in the countryside and the poorer neighbourhoods of our cities it found a ready market. A population that had been rudely turned away and denied access to financial services by the multinational institutions that had closed shop and withdrawn services from these areas welcomed the bank with open hands. The bank revolutionised and demystified banking when it adopted a unique marketing strategy. It opened marketing stalls along the streets of Nairobi and rural markets and earned the stale joke as the “Hawking Bank”. The strategy worked well and it has made Equity what it is today. When it hit the mark of 1 Million depositors, the bank went further to reduce or completely remove charges for many services offered to its customers. Its main competitors are now following the same strategy and model. Institutions that may have chided Equity in the past have now placed open stalls at strategic streets to sell their financial services. The current joke among the depositors of Equity Bank is that “our bank has since left the streets and hawking to those other Banks”. The managers of Equity can pride themselves that they set the pace which others are now following.

The attack on Equity is not just an attack on Mr. James Mwangi. It is an affront to local enterprise. Mr. Mwangi has broken the myth and demonstrated that indigenous Kenyans have the capacity to build and nurture local institutions that can compete well with major institutions from the financial capitals of the West. The foreign capitalist behemoths in Kenya must wake to the reality that local enterprise has come of age. They have to ready themselves to compete with “local irritants” that are fast invading their traditional territories.

Equity occupies a unique position as a bank developed by Kenyans for Kenyans in an industry dominated by foreign companies. It has existed as a Commercial Bank for slightly over three years. An allegation of fraud against a bank is a serious matter. The industry operates and is dependent on trust. The acts of bankers must be acts uberrima fides, of utmost good faith at all times. Depositors and the general public must never be put in doubt or anxiety without any reasonable justification. The institution survived for long and did well as a Building Society. As a bank, it is even under more scrutiny and regulation by the Capital Markets Authority, the Supervision Division of the Central Bank of Kenya and the Registrar of Companies. Fraud investigators and regulatory authorities cannot and ought not to commence investigations on the basis of anonymous and generalised allegations that contain no clear evidence to raise a reasonable suspicion. The unsubstantiated allegations of fraud against Equity and its management could hurt the bank and adversely affect the financial sector if they are taken up by politicians and given an aura of a reasonable suspicion. If the MPs who raised the matter in Parliament had no other information apart from Patel’s letter, then their actions were clearly reckless, an abuse of parliamentary privilege and a violation of the Rules of Parliamentary Practice and Procedure in the Commonwealth. It would be prudent for the political class in Kenya to protect local institutions and leave regulatory matters to the established specialised agencies that are best suited and competent to handle them.

PHILIP OCHIENG'S UNITED STATES OF AFRICA- A PIPE DREAM

RE: UNITED STATES OF AFRICA- A PIPE DREAM

I am a keen reader of Mr. Philip Ochieng’s pieces and I have read most if not all of his writings since the "Kenyatta Succession". His pieces tantalise the mind and are highly informative. He is a literary celebrity and a societal icon.

His article in the Sunday Nation of 8th July 2007, on the visionary United States of Africa however left me more perplexed than informed. His hypothesis linking the Afar people with the USA (sorry, African) dream is based on presumptive propositions rather than historical facts. First, the Afar are not Hamitic but Cushitic. Their cousins the Issa and to an extent the Gurgura are Cushites too. Their other cousins the Oromo and the Saho also fall under the Afro- Asiatic nomenclature of the Cushitic people.

Available history and anthropology does not seem to suggest any linkage between the Afar and the Ancient Ghana. The Afar occupy the farthest corner of the Horn of Africa and the Danakil depression (desert) which is possibly the harshest human habitat in Africa . To suppose that they are part of the Sudan belt is to stretch our imagination too far, beyond the bounds of reality and history. What links the Cushitic Afar with the Nilo- Hamitic occupants of the Sudan belt?

The swathe of land separating the Afar homeland and the Sudan belt is the historical homeland of the Afro- Asiatic Semitic group comprising of the proto-type Geez speakers represented by the Amhara and Tigray of Ethiopia and the Tigre-Tigrinya and the Tigre- Bin Amer of Eritrea. The Tigre- Bin Amer are also found in the present-day Sudan and speak a dialect with the closest linkage to the original Geez. The neighbouring stretch is the homeland of the Nilo-Saharan people who are truly the Western Ethiopians (Hesperias Aethiopas) and the sojourners of the ancient civilisations in Ghana , Mali and Songhai . In the documented history of the Sudan and Abyssinia , the Afar do not feature at all. Their supposed contribution, if any, to the expansion of the ancient kingdoms of Ghana is not accounted for. The Afar are not related to the Tuareg Berbers of the Sahel too, not in terms of ethnic morphology or language. Although both are part of the Afro-Asiatic family the Tuaregs are Berbers whereas the Afar are Cushitic.

The Afar cannot be a nucleus for the “African Dream”. My experience as a humanitarian worker in the greater horn taught me a few things. Our Cushite “brothers” (neighbours is more appropriate) will frown and abhor any inference or description which classifies them as “Africans”. Any person who visits the Dadaab and Kakuma refugee camps can witness it for themselves. In the Geda-a- Shariff refugee camp, in Eastern Sudan the separation lines between the Afro- Asiatic groups and the “True Africans” are very clear. Probably the Afar have an answer, to this question, why is it so hard for the Cushites to accept the description of “African” even in trauma? I have always found Mr. Ochieng’s propositions plausible, but I beg to submit and respectfully so, that on this one, Mr. Ochieng lost me.

Colonel Muammar Abu Minyar al-Gaddafi may have a dream, one for Africa. His Tuareg- Berbers forerunners had one too. A dream of conquest and plunder. Edged on by the invading Arab slave masters they attacked Sahel, leading to the demographic implosion of the ancient Ghana, Mali and Songhai. The ancient Egypt, Sudan and the Congo belt were not spared the forced migration either and hence the perpetual claims of linkage to mythical homelands by many peoples, nations and nationalities in sub-Saharan Africa. The Arabs have rejected Col. Gaddafi, the Tuareg and his overtures for a larger “Arabiya”. He is wounded and feels slighted and hence the request to his African “brothers” to forget history, lick their wounds and get on with the dream. Isn’t history repeating itself here?

PYRAMID SCHEMES IN KENYA: CENTRAL BANK HAS NO POWER OVER THEM

CENTRAL BANK HAS NO POWER TO CONTROL CRIMINAL ACTIVITIES OF PYRAMID SCHEMES.


The Central Bank of Kenya has continued to face a barrage of accusations and criticism over the collapse of pyramid schemes which have fleeced Kenyans of millions of shillings in their wake. It is not entirely right to blame the Central Bank of Kenya (CBK) for the continued operation of these pyramid schemes. For starters, pyramid schemes are essentially fraud scams whose sole intention is to unjustly enrich their originators using deceptive methods by promising handsome financial returns to vulnerable participants. The sad thing is that thousands of Kenyans continued to be deceived by these fraudsters in spite of repeated warnings by the CBK.

The CBK is creation of and operates under the Central Bank of Kenya Act, Chapter 491, of the Laws of Kenya. Its purpose is to regulate commercial banks and financial institutions created or licensed under the Banking Act, Chapter 488, of the Laws of Kenya. The CBK has a Supervision Division which discharges this function to instil and ensure prudence in the management of commercial banks and financial institutions. Section 16 of the Banking Act prohibits the collection of cash deposits by any person or organisation which is not licensed under the Act. The supervisory role of the CBK does not however extend to entities that are not licensed under the Banking Act. The bank said as much when it warned Kenyans against participating in pyramid schemes in February this year.

The proprietors of pyramid are aware of the CBK’s role and limitation in the supervision of the management of banks and financial institutions and they have conveniently chosen to operate outside the ambit of the CBK Act. They have registered their schemes as Co-operatives under the Co-operatives Act, Chapter 490 Laws of Kenya, or as societies under the Societies Act, Chapter 108 of the Laws of Kenya. Those who are bolder have registered the schemes as business associations under the Companies Act, Cap 486 or the Registration of Business Names Act, Cap 499. Past media reports indicate that some are even registered as Non- Governmental Organisations (NGOs) or Community Based Organisations (CBOs). The registration and supervision of these entities falls squarely under other regulatory or registration bodies and not the Supervision Division of the CBK. The proprietors of the pyramid schemes have avoided the provisions of the Betting, Lotteries and Gaming Act, Cap 131 by omitting to define their operations as lotteries or games of chance. They have adopted this clever way to avoid the scrutiny of the law and supervision by the CBK or the Betting Control and Licensing Board.

Kenyans who have invested in these schemes have nobody but themselves to blame. These schemes are essentially fraud scams which are tailored along the same lines as Multi Level Marketing Schemes. Whereas multi level marketing schemes require a participant to do something, i.e. to sell a product after which a determined commission is paid, pyramid schemes promise participants huge returns after investing little or no money at all and putting no effort. Investment in these schemes is driven by sheer greed, naivety and a desire to make a quick buck without any effort. The proprietors prey on a gullible population that has poor ethical values and little knowledge of financial management. A population that glorifies possessions and wealth irrespective of the method used to acquire them is more susceptible to the schemes of financial fraudsters. The activities of the proprietors are fraudulent and criminal. The Kenya police has arrested and correctly charged a few of the schemers with the offence of obtaining by false pretences contrary to section 313 of the Penal Code. Kenyans should be wary of any deal that sounds too good to be true. Any person who promises them that they can make huge amounts of money, with very little investment, and very little work, is almost certainly not telling the fact. Participating in any pyramid scheme or any other scheme which promises that a person will get rich quickly, with little effort is foolish at best. The participant will most likely only lose money to such a scheme, and may even find themselves liable to legal prosecution for fraud. True wealth can only gained through honest work, and honest investment, in enterprises which produce goods and services of value to all. There are no shortcuts, and anyone who tells you otherwise is almost certainly out to deceive you.

The Central Bank can however help the Kenya Police and other registration and regulatory bodies to control the activities of these fraudulent schemes by sharing information that comes to it in the discharge of its statutory mandate. Pyramid schemes conduct their money business through legitimate accounts held in commercial banks and other financial institutions. The schemes have survived by hoodwinking participants through a complex web of financial transactions that involves the process of layering and shifting funds from one region of the country to the other. That is why participants in one region of the country are able to access their money and returns while others in another region cry foul. These activities amount to what is known as forward money laundering by forensic and financial fraud investigators. To defeat the audit trail, the perpetrators avoid receiving direct deposits and issue photocopied receipts as evidence of participation in a scheme.

The CBK can curb the proliferation of the schemes by requiring banks and financial institutions to strictly adhere to the Central Bank of Kenya Prudential Guidelines for Institutions Licensed under the Banking Act. Prudential Guideline No. 8 requires all commercial banks and financial institutions to observe Know Your Customer (KYC) procedures and verify the identity of all the natural and legal persons who hold and operate accounts with them. They are also required to maintain and file with the CBK a record of all suspicious activities and transactions that go through their customer accounts. The multiple deposits, layering and shifting of funds made through the accounts of pyramid schemes are reportable transactional activities under these provisions. The Suspicious Activity Reports (SAR) and Suspicious Transaction Reports (STR) can help the CBK and criminal fraud investigators to detect and identify the operation of pyramid schemes early enough and inform the relevant regulatory authorities. This can also help the CID, police and other fraud investigators to unmask the real faces behind each scam. Pyramid schemes which operate under the guise of legitimate business entities, co-operative societies, NGOs or CBOs can subsequently be dealt with or deregistered by the relevant regulatory or registration authority. The Criminal Investigations Department (CID) of the Kenya Police should also take up this issue with greater vigour and apprehend and prosecute all the perpetrators of pyramid schemes and other financial scams around the country. They can use the STR and SAR reports filed with the CBK to follow the audit trail, track the perpetrators of the schemes and gather and preserve evidence for eventual criminal prosecution.

Twitter: @DeCaptainCFE

LEGALISE ABORTION NOW

Allow me to comment on the raging debate on the merits and demerits of legalising abortion. I support the legalisation of abortion. The law that prohibits abortion in Kenya is one of the oldest and archaic pieces of legislation in our statute books. The Penal Code, Chapter 63 Laws of Kenya is in serious need of reform in several aspects in order to put all Kenyans in the same pedestal with the rest of the world in the full enjoyment of fundamental human rights.

Parliament should speedily repeal sections 158,159 and 160 of the Penal Code and allow abortion in Kenya. The government should even go further and provide the appropriate equipment for carrying out this medical procedure in all major pubic hospitals. This is for a number of reasons. To begin with the high rate of reported violent crime and sexual offences such as rape, incest and defilement means that a very big number of girls and women in this country stand a very high risk of being put in the family way against their will. The socio-psycho trauma of bringing up a child conceived as a result of rape, incest and defilement is unbearable for most victims and survivors of sexual abuse. Any society worth its status ought to enact laws and social norms that protect rather than denigrate the weak and the narginalised.

Secondly, the rapid rate of urbanisation and the attendant erosion of the moral fabric of our traditional values have resulted in numerous social problems. The aping of foreign ideologies and the adoption of an economically superior but morally inferior western culture by our youth has resulted in many cases of teenage pregnancies. The inevitable consequence has been the birth of many unwanted children all over the country. Research has linked the presence of many neglected and homeless children in our urban centres to these problems. Moralists who are opposed to the legalisation of abortion should demonstrate responsibility by establishing institutions to cater for these neglected and homeless children. There is no morality in living affluence and privilege while innocent souls who had had no control over their procreation wallow in abject poverty. It is even worse when the privileged class seeks to impose its “morality” regarding the right to procreate on the victims.

Finally, outlawing abortion denies women the right to take control of their productive powers more so in a male dominated society such as ours. Allowing it on the other hand will give qualified medical personnel the ability to set up institutions where the procedure can be carried out safely using the right equipment. This will give our women and girls the ability to exercise their right to determine if, when and with who to bear children. At the moment, abortion is carried out in secret in unsafe underground facilities often by unqualified people who do not have the right equipment. Past media reports indicate that Kenyatta National Hospital, the regional referral medical centre has a specialised unit that deals with complications arising out of botched abortions.

We cannot continue to bury our heads in the sand, abortion is happening all over the country. Pretending otherwise is to live in a fool’s paradise. Women deserve the right to take control over their productive powers. This is a fundamental human right. I hope our male dominated parliament will take heed and legalise abortion.


wanderim@yahoo.com
Capt. (Rtd) COLLINS WANDERI, LL.B (Hons),
PGD (HRM), Nbi, L.L.M (Can) UNISA, Dip. Law, KSL, CPS (K), ACFE
Advocate, Commissioner For Oaths, Notary Public.
NAIROBI
KENYA.