Tuesday 25 September 2007

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 They publicly announced that they had withdrawn from the race and were supporting the minister’s re-election due to his exemplary development record.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.

Thursday 20 September 2007

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

Wednesday 19 September 2007

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.

Wednesday 12 September 2007

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.

Saturday 1 September 2007

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.