Wednesday, 28 October 2009

KILOMETRES DON'T PAY TAXES; VOTERS DO!


Remarks by some politicians that one kilometer should be equal to one vote are not only ludicrous but ignoble too. In elementary law and political science classes, the professors teach that democracy is the rule of the majority with the consent of the minority. This is the very tenet of competitive politics as practiced in democratic societies. Republican constitutions embrace this principle through the principle of universal suffrage. In Federal democracies, like the USA and Nigeria, every federate state is represented in the Senate by two senators but the population of registered voters determines the relative strength of each state in the selection of the Chief Executive of the country.

These simple basics seem to elude some politicians and members of 4th Estate. The issue of equal or proportional representation is hinged on the state's authority to collect revenue and the mandate to guarantee territorial integrity and provide security and other basic necessities to citizens. And what constitutes a state; territory, citizens/people and a functioning government. Under contemporary international law a mass of land devoid of human habitation is considered as politically dead. This is why, uninhabited, unclaimed or ungoverned territories like the the political dead zone near the center of the Arctic sea are the focus of competing territorial claims between the United States, Russia, Canada, Norway, and Denmark.

Politics is about influence. Successful politics is power, and power is fundamentally about economics and money; who has what and what goes where. States obtain money through taxation authorized by a legitimate legislative authority. Law is essentially about the power relations between the rulers and the ruled. Elected representatives make laws and determine these relationships as well as codes and tariff rates payable to the state. Proportional representation is therefore premised on the state's legitimacy to make laws and the ability to raise tax revenue from the citizens; whether human or corporate. This was the basis of the famous pronouncement by the founders of the USA that, "no taxation without representation".

It follows logically that equal and proportional representation must at all times reflect either the majority will of the human citizenry or the economic might of the corporate citizenry of any given state. This is why in all countries today large community groups and corporate bodies hold sway over legislation and other affairs of the state.

The people of Nyanza, Western and Mount Kenya regions should not request anybody for more constituencies. It is their inalienable right to be properly and fairly represented in parliament where laws regarding collection and distribution of state resources are made. At the moment they are under-represented and every person with elementary education knows this. Those who suggest that every kilometer should be equated with one vote are jokers, kilometers do not pay tax; people do and hence the adage; one man one vote! Holding large swathes of barren, idle and unexploited territory should have little or no influence on the affairs of any civilized state unless that territory holds invaluable economic resources or the potential for economic exploitation by and for the benefit of the controlling state. This is basically why no single country is fighting to control or represent the Sahara ! Even the territory the POLISARIO is fighting for in Western Sahara is often described as economically useless, heavily mined and almost uninhabited to justify the apparent disinterest by the international community to resolve the long-standing conflict between the Saharawi and Morocco. Consequently, anybody who advocates for the highly populated constituencies of Kenya to remain under-represented should also campaign for residents of these regions to be freed from paying some taxes.

Monday, 6 July 2009

CONFLICT BETWEEN THE REGULAR & ADMINISTRATION POLICE: TOO MUCH FUSS OVER NOTHING.


The media is abuzz with reports of an apparent conflict between the regular police and their Administration police counterparts over allocation of resources and overlapping mandate. Is this conflict real or imaginary?

The two forces are creation of the Police and the Administration Police Acts, Chapters 84 and 85 of the Laws of Kenya respectively. Historically, the regular police has always enjoyed a preeminent position in matters of national security. The force was established in 1906 with the aim of providing security to the business class, the Kenya-Uganda railway and guarding the exclusive urban quarters of European settlers. The situation persist to date and section 108 of the Constitution ranks the regular police higher than the Administration Police in the hierarchy of the disciplined forces. The Commissioner of Police is a constitutional office holder answerable to the President whereas the Commandant of the Administration Police is a mere delegate of the Minister of State for Internal Security and Provincial Administration who is statutorily the commandant of the AP under section 3(2) of the Administration Police Act.

The regular police have an extensive mandate of enforcing all laws and regulations, protecting life and property, preserving peace, preventing and detecting crime and apprehending offenders to maintain law and order in the Kenya. On the other hand the APs main role is assisting government officers (read provincial administrators and other civil servants) in the execution of their lawful duties, preservation of public peace and national defence in the event of war or an emergency. The AP has a limited role in the prevention of crime and apprehension of offenders. Then how do their mandates overlap?

Section 2 of the Criminal Procedure Code, Chapter 75 Laws of Kenya provides in that a “Police Officer" means a Police officer or an Administration Police officer. The Penal Code, Chapter 63 Laws of Kenya stipulates that 'Police Force' includes the force defined in section 2 of the Police Act, and the Administration Police Force established under the Administration Police Act; and the term "Police Officer' shall be construed accordingly. Section 89 (4) of the Criminal procedure Code empowers police officers to prepare and sign a formal charge or complaint for commence criminal proceedings before a magistrate. Although section 19 of the Police Act and section 9 of the Administration Police Act authorise officers from the two forces to charge criminal offenders, this role is traditionally performed by the regular police who also formally investigate crime. The APs do not investigate crime and their role of preventing commission of offences and apprehension of offenders is auxiliary rather than conflicting to that of the regular police. Why are the two forces feuding then?

Different historical, philosophical and operational foundations and the rapid transformation of the AP are the real issues underlying the perceived conflict. Formed in 1929 as a district based tribal outfit to assist colonial administrators in the collection of tax revenue and prosecution of criminal cases before the Native Courts, the Administration Police (APs) force has over the years been transformed into a professional entity with a dominant national presence. The APs are now organised into easily deployable agile and flexible units which make them a common site all over the country. They are well spread out in the rural areas where they provide back up to the provincial administration. Their presence in rural villages and urban slums where they work hand in hand with chiefs provides an all pervading sense of security to underprivileged communities. APs also play the role of a territorial army in far-flung marginal pastoral areas and border districts. They live with the people and are well equipped and attuned to provide basic security and resolve minor social disputes. More and more communities are now turning to the administration police for assistance in dealing with serious offences such as armed robbery and drug abuse. This is causing jitters in the leadership regular police who think the APs tinkering with their territory.

In contrast the regular police was greatly involved in the arrest, detention and suppression of African nationalists at the height of the struggle for independence. The force was similarly used in the 1980s and 1990s to crack down on political dissidents who were demanding greater freedoms in opposition to KANUs one party rule. Many intellectuals and current and former members of parliament were arrested, detained or hauled into courts late in the evening by the infamous Special Branch then a section the regular police. The regular police are organised into rigid and reactive structures. They predominantly interact with the general public when carrying out arrests, responding to incidents of violent crime or quelling social and political unrest; tasks which they always perform ham-fisted. This history and management philosophy of the regular police has not endeared the force to the general public. The much touted community policing envisaged in the Kenya Police Strategic Plan (2003-2007) has essentially become a cropper since the general public has little or no trust and confidence in the regular police.

Pundits have argued that a merger of the two forces is the only panacea for this jostling over turf. This proposal is reactive, myopic and not strategic. Kenya is not the only country with law enforcement agencies that have overlapping mandates. The United States has well over 120 law enforcement agencies with the Federal Bureau of Investigations (FBI) and the Central Intelligence (CIA) being the most visible. The two agencies spar occasionally over turf and territory but this rarely gets into the public limelight owing to excellent managers who never let sibling rivalry by their minions get into the way of the overall objective of providing national security. Strengthening the AP does not necessarily weaken the regular police since the two play very diverse albeit complimentary roles. The two units only require excellent managers who can provide strategic transformative leadership and resolve petty invidiousness between their operatives for the overall national good.

Sunday, 28 June 2009

AL-SHABAAB: LET SOMALIS BE, IT IS THEIR BABY, NOT KENYA’S



I wish to comment on the numerous editorials by journalists in the mainstream media on the current fighting in Somalia. Allow me to do so passionately because I am a trained military officer who did the ropes, served his time and left the military early to pursue other interests.

First I am amazed at the level of ignorance displayed by many Kenyan journalists on military issues and matters regarding war. I thought that all journalists are taught the basics on every conceivable subject that they write on, but anyway that is for another day.

Many (journalists) seem to support the idea that Kenya should send it armed forces to Somalia to fight the Al-Shabaab. My question to them is, go to war over what and why? What dispute does Kenya have against the group or the Somali populace who support the militia? What would be the justification of waging war against a loosely held group of outlaws seeking to overthrow the government of Somalia? The current war in Somalia is an internal armed insurrection that does not warrant intervention by a neighbouring state. It is not Kenya’s problem that the fledgling government in Mogadishu is too weak to deal with an internal armed insurrection, neither is it the responsibility of the Republic of Kenya to shore up a government that the Somali people consider to a puppet of some foreign power(s). Al-Shabaab cannot thrive if the citizens of Somalia or a sizeable population thereof do not believe in its cause. The militia is thriving because there are certain sections of the Somali populace who are persuaded by its declared cause and are offering active support and comfort to its members and fighters. A militia force is not a conventional static force; it is ever active and lives and thrives amongst a complacent populace and “eats” from them.

Al – Shabaab and many other armed groups in Somalia have raised the issue of legitimacy against the government of Sheikh Ahmed. This is a complex matter and as you rightly put it, even Ethiopia failed to pacify the warring factions in Somalia over a two-year period. For starters, it is important to know that when you are fighting an internal armed group, it is not enough to capture territory and grounds of tactical importance; you must win the war in the minds and hearts of the people too. Ethiopia failed to do so and this is why the issue of legitimacy has stalked the Somali Transitional Federal Government since Ethiopia’s invasion. The United States is facing similar issues in Iraq and Afghanistan despite its enormous military might. I highly doubt that Kenya would fair any better compared to Ethiopia. It is important for those who are propagating for war against Al-Shabaab to understand that no government can competently administer a territory if there is lingering question over its legitimacy. This is a question which Somalis alone must address and answer alone. The TFG has consistently failed to marshal international support and recognition owing to lingering questions over its legitimacy. Their war over the legitimacy of the TFG is their war and not Kenya’s. Kenya’s intervention will not solve this issue; it might even escalate it considering that Nairobi is the rear tactical and logistical base for all of Somalia’s politicians, militia commanders and their backers.

Secondly, just suppose Kenya were to intervene in Somalia to fight the Al-Shabaab and shore up the TFG; where will be the front? Many war mongers do not seem to remember that Kenya has a 1200 km frontier with Somalia which is largely un-policed and highly volatile. What ground of tactical importance would our armed forces seek to hold against the militia? A militia group is not static or encamped force; it is a highly mobile, agile and versatile amorphous force which periodically mutates depending on the nature of the threat at hand. It is obvious that Kenya would be stretched to protect its civilian population and installations against retaliatory incursions by the militia. How would Kenya deal with the armed and non-armed members of the group? Would they be considered prisoners of war and therefore entitled to the privileges accorded to POWs under the Geneva Conventions? And if so, where would they be incarcerated during the war period? Or would they be handed over to the TFG for “trial”. Before anybody beats the drums of war, they should think about the withdrawal strategy. Al-Shabaab is fighting a proxy war funded by foreign powers and wealthy merchants and is likely to stake it out as long as the purse strings remain open. Unless Kenya is willing to put itself in a similar position as the USA is in Iraq and Afghanistan, then war against Al- Shabaab is not a worthy venture.

Finally, any support for the option of war against Al-Shabaab should be accompanied by a personal declaration that one is willing to be conscripted or have his children, siblings and other relatives conscripted for war. Anyone who imagines that the current standing Kenyan army will be sent to be the front to fight Al-Shabaab is an ignorant day-dreamer. Read the Armed Forces Act, Cap 199 well and you will know that a declaration of an international armed conflict between Kenya and another state will be followed immediately by massive conscription of young people who will be sent to the war front to become cannon fonder. Any volunteers? I have a reserve liability of about 15 years and it is likely that I would be called out for military service in the event of a long drawn war. I would not honour such a call from the Commander-in-Chief because I hold the view that going to Somalia to fight any group is an unjustifiable misadventure which will serve no veritable cause apart from massaging the egos of war-mongers who will be watching the children of the poor die in the war front from the comfort of their villas.
Twitter: DecaptainCFE 

Sunday, 8 February 2009

IS JUSTICE MINISTER GUILTY OF FAILURE & COLLECTIVE LETHARGY IN THE WAR AGAINST CORRUPTION?


Power is sweet, truly sweet, but only to those who have it!
- Anonymous

Until last Friday I reckoned myself as an informed Kenyan well-versed at least with matters legal and strategies for the detection, investigation and prosecution of fraud and corruption. I was rated otherwise by none other than the Hon. Martha Wangari Karua, EGH, M.P., Minister for Justice, National Cohesion and Constitutional Affairs.

According to official government circulars and websites, the Minister for Justice, National Cohesion and Constitutional Affairs is responsible for constitutional matters, legal policy, anti-corruption strategies, integrity and ethics, human rights and social justice as well as the development of the overall policy for the administration of justice in the Republic of Kenya. The minister’s mandate also extends to the general superintendence of the Kenya Anti-Corruption Commission (KACC), the co-ordination of the Governance, Justice, Law and Order Sector (GJLOS), the Public Complaints Standing Committee (Ombudsman) and the Kenya National Commission on Human Rights inter alia.

Even with such an elaborate and glamorous job description Minister Martha Karua does not think it is her business to fight or direct the fight against corruption in Kenya. And she put this down in writing. Last Friday I had the temerity to interrupt Minister Karua’s peace and remind her of her duties to the taxpayers of Kenya. In turn I got a stern response characteristic of the minister’s public demeanour. My verbatim text message to the minister read “Waziri, KACC, Police, AG & Judiciary have failed to reign in corruption under your watch as Min. for ‘Justice’. Many are losing faith in you, pse act now!” Her response was swift and stern; “You are ignorant, none is under me police are under Saitoti, AG is a Minister like me and Judiciary is independent. My Ministry formulates policy.” (The text was devoid of punctuations but I have put them to ease comprehension). Curiously the minister did not mention KACC in her response. Or has KACC been moved away from her docket? May be! To her credit, she has in the past scathingly attacked the anti-corruption outfit and even demanded the resignation of its Director and Chief Executive Justice (Rtd) Aaron Gitonga Ringeera over alleged incompetence. I worked for KACC in 2006 and I have very strong views on the retired judge’s leadership and management style but that is a story for another day.

The import of the minister’s text message is a glaring shirking of responsibility and admission of collective lethargy in the war against corruption in Kenya. Perhaps the learned minister does not understand the plain and ordinary meaning of words and phrases like “policy on administration of justice”, “anti-corruption strategies”, “integrity and ethics”, “human rights and social justice” and “Co-ordination of the Governance, Justice, Law and Order Sector (GJLOS)”. But how can she? She is a powerful person and does not appear before apathetic magistrates, require the protection of irascible policemen and ravenous chiefs or feed on subsidized maize meal. Or maybe she is now too engaged with her ambition to become president that such mundane matters make little sense to her.

Minister Karua would like “ignorant” taxpayers like you and I to believe that her ministry is not responsible for the fight against corruption because she does not control the Kenya Police; the Attorney General is her Cabinet colleague; the Judiciary is independent and her work is just to write academic papers only fit for the shelves. She is admitting what we all know; that no single minister in the Grand “Collusion” Government has the spine to fight corruption because they are all partakers and beneficiaries of the vice. She is admitting lack of a strategic intra-government policy to fight corruption and failure to advise the President, the Prime Minister and her cabinet colleagues. This is gross dereliction of ministerial duty.

Perhaps I am just an ignorant busy body as the minister suggests. You see, I hold a Bachelor’s degree in Law from the University of Nairobi. I am an advocate of the High Court of Kenya and I have a Postgraduate Diploma in Human Resources Management. I am a Certified Public Secretary (Kenya) and a Certified Fraud Examiner and an MBA candidate at Jomo Kenyatta University of Agriculture & Technology. Professionally I am the Chairperson of the Association of the Certified Fraud Examiners (ACFE)-Kenya Chapter, member of the Law Society of Kenya’s Human Rights and Ethics Committees, Assistant Politics Editor (Law) for KenyaImagine and member, Institute of Certified Public Secretaries. Privately I chair the Board of Governors, Mweru High School- Nyeri; sit on the Board of Governors, Giathugu Secondary School-Nyeri and serve as member of the Executive Committee of the Public Service Club. Yes, that is the résumé of an ignorant taxpayer according to the Member of Parliament for Gichugu. I have no idea how she rates her constituents most of who are contemporaries of my good old parents.

Minister Martha Karua needs to do one thing; climb down from the lofty tower of legalese and join the ordinary taxpayer who rides a matatu from Dandora to work in the morning and goes back home in the evening the same way. May be she will then understand what “justice” is and perhaps appreciate the role of her ministry in the eyes of taxpayers. It is a long shot, but it is possible. You can do it Waziri!

Saturday, 31 January 2009

NAKUMATT DOWNTOWN FIRE SAGA & CORPORATE RESPONSIBILITY


From details collected from here and there; it is now emerging that the management of Nakumatt Downtown may be culpable of serious dereliction of duty and criminal negligence which led to the unfortunate death of innocent shoppers.

That security guards may have been instructed to "close the exit doors" to restrain shoppers from leaving the mart with unpaid for goods and merchandise. This most callous behaviour is reminiscent of the arrogance of merciless, faceless corporate bodies that have little regard for human life and operate on the principle that "cash is king".

Consumer protection and physical safety of customers, patrons and clientele are the cornerstones of retail chain operators. The defensive measly whispers we are hearing from the top management of the supermarket chain regarding the safety precautions in their establishment are untenable.

Consumerism is not sustainable in a market that operates without regard for basic rules relating to human safety. We must do something to save ourselves against these kinds of businesses. For a start we need to raise the awareness of our people. As managers we should not rush to blame the government; read the Factories Act, the Fire Act, the Public Health Act, the Building Code and Retail Business Premises By-Laws of the City Council in detail. And then start an active boycott of all chain retail markets that do not comply with these laws and regulations fully. Tell your workmate, neighbour, child, friend, relative etc create a chain of informed people; refuse to buy goods without a bar code and quality and standardisation mark of the Kenya Bureau of Standards.

For a start, I am boycotting the NAKUMATT chain until the management of the retail group allow all their premises to be inspected and/or get issued with PUBLIC HEALTH & SAFETY CERTIFICATE by the City Council. Do something too!

YES, TOGETHER WE CAN reclaim our nation from these merchants of death and their political benefactors, THE TIME IS NOW!

Thursday, 18 December 2008

THE KENYA COMMUNICATIONS (AMENDMENT) BILL, 2008: MEDIA IS TO BLAME TOO.


On 10th December, 2008, Parliament dealt a blow to the freedom of press and expression in Kenya by passing The Communications (Amendment) Bill, 2008. MPs were mainly driven by vengeance over the media’s sustained coverage of the taxation of their hefty salaries and allowances.

But is the media fraternity entirely blameless? The media celebrated in September 2007 when Hon. Mutahi Kagwe, then Minister for Information and Communications withdrew the same bill from Parliament citing the need for further consultations and introduction of clauses to deal with cyber crime and protect the optical fibre cable. My commentary on this Bill was published in the Business Daily on 4th September, 2007. (http://www.bdafrica.com/index.php?option=com_content&task=view&id=2831&Itemid=5821) Instead of using the window created by the withdrawal of the bill to highlight its weaknesses and lobby for the removal of the offending clauses, the media concentrated on political sideshows.

Over the years journalists in East Africa have failed or resisted attempts to establish an effective mechanism for self regulation. The results have been catastrophic. In Kenya wayward journalists have elevated politicians to the level of demigods through slanted coverage. In fact political content takes up most of the editorial space in the electronic and print media. My friends in the media openly admit that prominent politicians always have the press in tow because they generously tip (read bribe) reporters for favourable coverage. Any wonder that all media houses in East Africa often ignore professionals and businesses who sustain them through advertisement? I have been a victim of unethical conduct among journalists too. When invited to a purely professional event, reporters first inquire about the guest of honour. They display enthusiasm and ask for details when it is a politician depending on his or her perceived prominence. If it is a professional or a corporate leader, they display little enthusiasm even when a fortune has been spent on advertisement in their media houses. Coverage is also not guaranteed unless it has sensational political content. And even stranger, some ask for tips to facilitate publication of a good topical issue. I have been asked for bribes by journalists in Kenya, Uganda and Tanzania. In Tanzania, only ThisDay (http://www.thisday.co.tz/News/956.html) published a regional seminar on trans-national crime and money laundering attended by senior government officials in November 2006. In Kenya and Uganda, similar events attracted a paltry number of journalists and did not even get a mention in the local dailies because I refused to “tip”.

It is the prominence accorded to politics by the media in East Africa which has cultivated unparalleled arrogance in MPs giving them a sense of invincibility. MPs who often bribe reporters believe that they can ride roughshod on them and everybody else. I know that politicians bankroll journalists for favourable coverage and I have names of several reporters across all the media houses in Kenya. Some do not even hide, they brag about it.

In my capacity as an Advocate, Chairperson of the Association of Certified Fraud Examiners (ACFE) - Kenya Chapter and Member of the Human Rights Committee - Law Society of Kenya I wish to warn the media fraternity in East Africa that what has happened in Kenya is likely to be replicated in the entire region. For now, reduce the level of political content and ignore MPs for one full month. This will put them in their right senses and plunge their arrogance. Accord more space to business, professional and societal matters and cite professionals rather than politicians as opinion leaders on topical issues. It is unconscionable to ask groups you have consistently ignored to come to your defence when the monster you have created turns against you. The Media Council should proactively deal with bribery and “tipping” of reporters within your ranks.

JAMHURI DAY CELEBRATIONS ARE MEANINGLESS: KENYANS ARE YET TO BE FREE!


In 1888 the Imperial British East Africa Company (IBEA) was granted the royal charter to administer and commercially exploit the British territory in East Africa on behalf the British monarch. The company was responsible for managing the production and exportation of raw materials and the construction of the Kenya-Uganda Railway to facilitate international trade. The company’s sphere of influence was renamed the Kenya Protectorate in 1895 and finally Kenya Colony in 1920. The declaration of the protectorate over Kenya was followed by a systematic legal process of alienating large tracts of land and dispossessing the indigenous people of the same.
According to Prof. Yash Pal Ghai, et al, the Crown Lands Ordinance, 1915, the Kenya (Annexation) Order-in-Council, 1920 and the Kenya Colony Order-in-Council, 1921 vested all arable land in the British Crown and totally disinherited indigenous Kenyans of their land. The Hut Tax Regulations of 1901 and the Hut and Poll Tax Ordinance of 1910 were promulgated to force Africans who were confined to special Native Reserves to provide labour to the white settlers. The settlers lived in exclusive white highlands in plentiful lavishness sustained by taxes collected from African labourers. To entrench the class differences between the colonisers and the African populace, the colonial government created the Kenya Police (KP) and a regimented Provincial Administration supported by a ruthless Tribal Police force (the precursor of the current day Administration Police - AP). Colonial Chiefs collected taxes thereby forcing their own people to provide near-slave labour to the colonists. Present day Kenya was consequently founded on the politico-legal jurisprudence of international mercantilism which viewed land as a commodity for commercial exploitation and the people on it as a mere a factor of production; labour. Disfranchised of their land and confined to native reserves devoid of basic infrastructure, Africans reeled under the weight of myriad social and economic tribulations.
The struggle for independence was underpinned by the people’s desire to reclaim their land and free themselves from poverty, ignorance and disease. However the historical conspiracy of exploitation continues to thrive and inform our present political leadership. In 1963 the new African leadership inherited and embraced the colonial super structure because it served them well and ensured that they retained all the trappings of power, authority and economic privileges that were previously enjoyed by the colonial administrators.
Forty five years later the same situation persists and our elected “leaders “and “representatives” exhibit great readiness to deploy the Provincial Administration, Kenya Police and the Administration Police (AP) to brutalise their own people for their own selfish interests or at the behest of exploitative multinationals, the rich and politically connected individuals. Kenya is still ruled by the pre-independence generation which does not appear to be in a hurry to hand over political and economic power to a new generation. The political leadership watches passively as criminal cartels and heartless faceless multinationals exploit our people by charging exorbitant prices for food, water, oil and other basic commodities. The political elite enjoy urbane life with unsurpassed luxury protected by state security and continue to hoard and hold large swathes of land while the majority rural and urban poor continue to live in hovels, contend with insecurity and wallow in abject poverty with no place to call home. Today, wayward politicians thrive on engineering ignorance and orchestrating ethnic violence to the extent that even those with pending corruption related court cases serve in cabinet and fly our national flag on their limousines. Ours is a country where a wasteful state beauracracy backed by a complacent political class drive around tarred urban roads in paid-for fuel guzzling off-roads and SUVs while the populace in the marginal rangelands of Northern Kenya and the arid North Eastern Province (NEP) live in constant risk of sure death owing to drought, hunger, lack of food, water and basic sanitary facilities. Ministers still make key public appointments on the basis of an individual’s second or surname rather than on merit. And yes, it is the same country where the Speaker of the National Assembly, a Minister of Government and an elected Member of Parliament can publicly equate the payment of tax to philanthropy, folly and misery on the part of their constituents.
This unchecked primitive accumulation of wealth is now untenable. When the late Josiah Mwangi Kariuki, former MP for Nyandarua North quipped in 1974 that it would reduce Kenya to a country of 10 billionaires and 10 million beggars, he was aptly describing the current socio-economic situation in our country. The ordinary people are desperate and restless. The recent public outrage over soaring food and oil prices and the reluctance by MPs to pay tax are clear pointers that the country is at the brink of a socio-politico revolution. It is not whether, but when and how it will happen that should be bothering the political elite and the rising middle class. The 10th parliament has little choice; they must provide leadership or the country will burn. They must reform the present constitutional order and create a politico-legal framework that advances inter-generational equity and ensures equality and justice across the social strata. If they do not ordinary citizens country will continue to be restive and the 2012 general elections in will become the watershed for Kenya. The country will either sink or celebrate 50 of independence under a new politico-legal dispensation and socio-economic order. For now independence celebrations only make sense to the political elite, to the ordinary Kenyans the dream of independence from poverty, ignorance and diseases remains just that, a dream!

Tuesday, 2 December 2008

THE RAILA - RUTO CONFLICT: THE SPLIT OF ODM IS INEVITABLE

The lingering cold war between Prime Minister Raila Odinga and his erstwhile allay William Ruto has finally flared up into an open war of wits. Raila’s positions on the Waki Report and the planned eviction of squatters from the Mau Forest have given Ruto ample ammunition to publicly take on the Prime Minister. Ruto has threatened to lead Rift Valley’s ODM parliamentarians in a mass walkout from the party and trigger the eventual break-up of the country’s largest parliamentary party. The Prime Minister has consistently supported the full implementation of the Waki report while Ruto and a cabal of ODM MPs, mainly from the Rift valley have opposed its full implementation on the grounds that such a move would target ODM leaders and its rank and file who engaged in violent mass protests at the behest of the Prime Minister. They contend that without their call for mass action and the resultant massive violence witnessed in January this year, Raila would not be a Prime Minister. Some of Raila’s backers have urged him to be cautious arguing that his stated position on the two issues could split the party and threaten the lifeline of the Grand Coalition Government.

To a discerning observer the fallout between the two leaders was inevitable from the onset. They do not share a common political ideology or history. While Raila earned his stripes in the opposition trenches fighting for democracy and good governance, Ruto is a creation of the intransigent former KANU regime whose hallmark was political intolerance and impunity. Raila was a direct victim of this regime which detained him for a total 9 (nine) years. Prior to 1991, Ruto was a little known activist of no political note. KANU’s well-oiled campaign machinery of 1992 propelled him to the national limelight. Ruto is Moi’s political prince who cut his teeth when the highly centrist KANU reigned supreme. Party activists who displayed unfettered support for the then President Daniel Arap Moi were assured of his tacit support in politics and business deals and were generally immune from any form of prosecution. KANU’s political intolerance and failure to investigate or prosecute perpetrators of political violence entrenched impunity and precipitated the politically instigated ethnic clashes that rocked the Rift Valley and Coast Provinces between 1990 and 1992 and in 1997.

When KANU lost power in 2002, Ruto and other orphans of the Moi regime found themselves in the cold and isolated from the corridors of power. President Kibaki’s State House was closed to them and they lost the political and economic advantages they were used to. Rallying support for Raila in 2007 was only a convenient way of hitting back at Kibaki and his GEMA people. But now Ruto and his friends find themselves in unfamiliar territory where leaders are being called to account for their overt and covert actions. With the threat that the Waki report might take an international dimension, they find themselves in an awkward position and they naturally expect the Prime Minister to come to their rescue.

But can the Prime Minister really protect them? Raila cannot afford to dismiss the Waki report. This would be tantamount to supporting the roasting alive of innocent women and children in a church building in Eldoret and the brutal killings of entire families in Naivasha. It would be a betrayal of the thousands of widowed, orphaned and displaced women and children. It can splotch his illustrious career as a champion for democratic freedoms, equality and justice. The report is now beyond his authority. The Waki Commission is a creation of a negotiated politico-legal settlement, mid-wifed by the international community after the constitutional order that existed in December 2007 failed to guarantee or protect the lives, property and freedoms of Kenyans. Neither President Kibaki nor Prime Minister Raila Odinga can dismiss this report since the legitimacy of their constitutional and political authority over Kenya resulted from international mediation.

William Ruto is just playing the ethnic card to obviate investigations into gross violations of human rights which border on genocide and crimes against humanity. He has consistently used community based mass media to put the Prime Minister into a discomfited defensive position. It is inconceivable that Ruto could publicly take on Raila without clear knowledge of the popular sentiment on the ground. Raila was recently quoted as threatening to resign if his supporters in Rift Valley are arrested and detained over the Waki report. The threats, made while speaking on KASS FM, a popular vernacular radio in the expansive Rift Valley province were idle since Raila was merely playing to the gallery.

The Prime Minister should demonstrate national leadership and refuse to cave in to the whims of the reactionaries in his party. He took an oath of office to defend the negotiated constitutional dispensation in the Republic of Kenya and to protect the lives and rights of every citizen. Losing the support of the Rift Valley masses is not necessarily suicidal; it will in fact earn him new friends, support in other regions and greater national appeal. The split between him and Ruto is inevitable. The Waki report has only stoked the fires for the ultimate implosion of a political union that was strained from the very beginning.

Thursday, 13 November 2008

TAXATION: MPs AND JUDGES HAVE GOT IT ALL WRONG!


"'In this world nothing can be said to be certain, except death and taxes."
-Benjamin Franklin, 1789.-

Parliament is supposed to be the embodiment of the sovereign will of the people and the personification of their collective legislative wisdom. Whereas there is a general consensus amongst ordinary people that everybody, including Members of Parliament and other Constitutional office holders should pay tax, our MPs and Judges of the High Court think otherwise. MPs have chosen to arm-twist the Minister of Finance into dropping proposals to tax their hefty salaries and allowances while Judges have sought presidential intervention to prevent the taxman from “pinching” their purses. These actions by MPs and Justices are contradictory to the collective desire of the citizenry and incompatible with modern theories on public finance and tax revenue administration.

Taxation is premised on the exercise of sovereign legislative authority. Elected representatives lay down the general policy and legal framework for taxation in all democratic societies in line with the celebrated maxim of “no taxation without representation”. They also provide a general guide on the tariff rates to be charged against each tax head. Judges interpret the law and resolve disputes that arise between the citizens and government over the imposition of taxes, duties, levies or the grant of subsidies. Members of Parliament and Judges should therefore lead the way in paying income tax if they expect ordinary citizens to voluntarily comply with the law.

Paying taxes is the highest form of corporate social responsibility for any citizen; corporate or otherwise. Taxes are levied for the common good of the society. Since time immemorial, nation states have levied and collected taxes to finance public expenditure and provide services such as security, education, health and infrastructure. Modern states still use Oliver Wendell’s old adage that “taxation is the cost of civilization” to justify personal income and corporate tax.

Some pundits have speciously argued that the MPs’ action amounts to Parliamentary dictatorship. This is logically absurd since our MPs were elected through a democratic process. The actions by MPs and Judges amount to a gross abuse of legislative and judicial privilege respectively. MPs and Judges are sending a message that they cannot be trusted vanguards of our political sovereignty, economic freedom, equality and justice. They are providing ammunition to tax evaders who are likely to rationalize tax fraud by citing the examples set by MPs and Judges. Reduced voluntary compliance with taxation laws will ultimately affect the government’s ability to finance its obligations, lead to domestic borrowing and soar up interest rates which will in turn diminish the borrowing power of ordinary people and businesses resulting in reduced capital investments and meager economic growth.

Uniform application of taxation laws is intended to spread wealth and create a more just and equitable society. Members of the 10th Parliament and Judges are however telling Kenyans that it is okay for 300 individuals to live in abundant opulence sustained by already overburdened taxpayers while the majority of the citizenry wallow in abject poverty. Their actions demonstrate a collective determination to preserve and entrench a politico-economic system that promotes social inequality and injustice. This is immoral and unacceptable in a civilized society. MPs and judges should pay tax, period!

Wednesday, 12 November 2008

OBAMA IS A CITIZEN OF THE WORLD


The election of Illinois Senator Barrack Obama as the 44th president of the United States of America heralds a new chapter in the political history of the world. It is the ultimate indication that the racial relations in the world have gone full circle and that any talented individual irrespective of his colour or race can actualize their highest aspirations.

Senator Obama is a citizen of the world. Born in Hawaii to a Kenyan father and an American mother, reared in Indonesia and Hawaii, Obama is the exemplification of the world as one global village. He is the personification of the innate desires, hopes, aspirations and expectation of Africans and all other coloured peoples in the world. His success is their triumph against long held mythical beliefs of intellectual differentiation across racial groups. Never before in the history of mankind has such an onerous responsibility been placed on the shoulders of one man. Senator Obama has proved that he is capable of changing the world and the American have demonstrated their faith and trust in his capacity by electing him into the White House. We salute the American people for taking their place of pride in history. Congratulations America! You have shown your greatness by changing the course of world history; by choosing direction over complexion. God bless America, God bless Americans, God bless Obama, and God bless the world.

Thursday, 21 August 2008

JUDGES SHOULD SIGN PERFORMANCE CONTRACTS




Prime Minister Raila Odinga and Justice Minister Martha Karua insist that judges and magistrates should sign performance contracts whereas the Chief Justice Evans Gicheru and other senior members of the bench contend that such a move will undermine judicial independence in Kenya.

The spirited opposition to performance contracting by the Chief Justice and his colleagues displays a lack of conceptual understanding of the process. A Performance Contract is basically an agreement involving the government and a state entity which outlines the broad objectives for that entity, lays down goals for quantifying productivity and offers incentives for accomplishing these targets. Judicial independence is a legal dictum to warrant that the decisions of the judiciary are impartial and not subject to manipulation by the other arms of government or by private and political interests.

Judicial independence which is hinged on the security of tenure of service enables judicial officers to exercises unfettered discretion in determining cases and resolving disputes. In Kenya, this independence is guaranteed by the Constitution which gives judges of the High Court and the Court of Appeal security of tenure and confers the Judicial Service Commission with the mandate of superintending over the affairs of the judiciary. Even with this autonomy judges are still required by law to exercise their discretion reasonably, adhere to certain rules and proclaim judgements that reflect fidelity to the law. Besides, not every judicial officer is involved in the hearing and determination of cases. Some are fully engaged in the management of the administrative and clerical wing of the department.

The Kenyan judiciary has stood still for decades and failed to reform and embrace modernity. The judicial process and the criminal justice system are still highly steeped in primordial procedural practices which hurt and deny poor unrepresented litigants access to substantive justice. Inadequate staff and lack of financial resources have often been cited as the reasons for the incessant delays in determining legal disputes and disposing of cases. Laxity, ineptitude and lack of integrity play a significant role too. This is the main reason why the judiciary ought to embrace performance contracting. International best practice shows that governments and global agencies are currently implementing performance contracting to enhance performance of civil servants and entrench good governance and accountability. Goal setting is an important evaluation tool for determining resource allocation and assessing skill gaps in an organisation.

The Judicial Service Commission (JSC) should set down the mission, broad objectives and the strategies for achieving the mission of the judiciary. It is upon these broad objectives that judges and magistrates will set their key result areas (KRAs) and key performance indicators (KPIs) upon which they will be evaluated. The initial goals and targets for each individual officer can be set on the basis of historical data regarding past performance. The KRAs and KPIs can be structured in relation to integrity, training, sitting hours, number of cases to be heard and determined by each officer, the number of judgements and rulings delivered and timely resolution of administrative issues. This can easily be done without fettering the discretion of judges and magistrates to determine cases on their own merits. Since judicial officers will set the criteria for their own appraisal by peers, it is difficult to discern how performance contracting will interfere with the exercise of judicial discretion. Judicial independence should not be used as an excuse for inefficiency and ineptitude.

Thursday, 14 August 2008

MANAGEMENT OF EDUCATION IN KENYA: MINISTRY OF EDUCATION HAS FAILED.



The recent violent strikes in public secondary schools have brought into sharp focus the role of the Ministry of Education in the management of the public education system in Kenya.

Management is the art of getting people together to accomplish desired goals through planning, organizing, sourcing, leading or directing, and controlling an organization or effort for the purpose of accomplishing a goal. Education Management focuses attention on strategies for keeping education resources current, up to date, and accessible. It is ensuring that people have the most recent and suitable education to do their work.

The Education Act, 1968 defines a manager as any person or body of persons responsible for the management and conduct of a school, and includes a Board. The Act, read together with the Teachers Service Commission Act, Cap. 212, confers extensive powers on the Minister of Education over the management and regulation of education in Kenya. The two acts give the minister extensive latitude to delegate his powers to local authorities, District Education Boards or Boards of Governors.

Tertiary institutions and public secondary schools are administered by Boards of Governors appointed by the Minister whereas Primary schools are managed by School Committees appointed by local authorities. The boards and committees are responsible for the hire and remuneration of support and subordinate staff in public schools. The boards also act as the custodians and trustees of the movable and immovable property of their respective schools. The principals and headmasters of these institutions serve as the secretaries and executive officers to the boards of governors or school committees as the case may be.

The Public Procurement and Disposal Act, 2005 has granted teachers the power to control the tendering and procurement process in public schools. The Teachers Service Commission Act allows the Teachers Service Commission to delegate its powers relating to the hiring, control and discipline of teachers to Boards of Governors inter alia. The disbursement and utilisation of government funds under the Free Primary Education (FPE) and Free Secondary Education (FSE) programmes is subject to the provisions of the Government Financial Management Act, 2004. The boards of governors are mandated by the Education Act to audit and regulate expenditure by the administration to ensure that all the income received by the school is applied for the promotion of the objects of the school. These statutes presume that members of the Boards of Governors and teachers are knowledgeable in Law, Human Resources Management, Supply Chain Management, Accounting and Project management. That is where the main problem in the management in public schools lies.

The Ministry of Education continues to employ archaic techniques in the administration of education institutions. The tools for the management and evaluation of public education institutions have remained static for a long time despite the rapid technological, socio-cultural and economic changes in the country. Management organs such as Boards of Governors are constituted so as to include representatives of the communities served by the school, persons representing any voluntary body which was the founder of the school or its successor, and any other persons or representatives of bodies or organizations that, in the opinion of the Minister, should be included. There is no set criteria enumerating the skills a person should possess to qualify for appointment into a board. Service in School Boards is not remunerated and consequently most professionals opt to stay away from it. The result is that most public schools are managed by old and unenergetic retirees, semi-literate businesspeople or other semi-skilled non-professionals. This has created a managerial gap in most public schools in rural Kenya. The old managers cannot cope up with the rapid social, technological, economic and cultural changes in our country. The managers are more often than not erudite in elementary law and cannot readily grasp the provisions of the Education Act or the basic concepts in management of public finance, human resource management and organizational management. The Education Act is also inexplicably lenient on imprudent school boards. Suspension and forced resignation are the only penalties the minister can impose on an errant board.

School boards composed of members who do not possess managerial skills; expertise and experience are a major source of discontent among students and parents. Parents typically oppose a school administration if they perceive it to be incompetent, opaque or unaccountable. Students on the other hand engage in insidious conduct to protest against such managers. Initially it was possible to “cover-up” such managerial ineptitudes through authoritarian leadership. Before the enactment of the Children’s Act, 2001, school heads would use actual or threats of corporal punishment to forestall complaints from students. This explains why the protests have become more pronounced and dangerous since the use of corporal punishment in schools was abolished and replaced with guidance and counselling.

Apart from appointing representatives to the board, religious organisations which sponsored or founded most public schools in Kenya, play a peripheral role in managing the schools. They should get more involved since they can play a complimentary role in guiding and counselling adolescent students. Religious leaders exercise both temporal and spiritual authority and can exert moral pressure on delinquent students to infuse behavioural change.

Whereas parents are very quick to blame the school administration when things go wrong in a school, they also shy away from making a conscious effort and practical contribution to the management of the institutions. They are content to play the perfunctory roles of paying school fees, electing Parents Teachers Association (PTA) representatives and attending annual general meetings once a year. Parents should get actively involved and support the school administration in matters of enforcing discipline

There is a dire need to change the training curriculum for teachers to include new subjects which will equip teachers with elementary working knowledge in Accounting, Planning, Financial Management and Project Management. The Ministry of Education should also develop a criterion for the appointment of members of boards of governors and create a common Project Monitoring and Evaluation Tool for managers of public schools. It is important for the government, parents, school managers and educationists to review the current system of managing public institutions to attract more professionals and allow full and equitable participation by all the stakeholders.
Twitter: @DeCaptainCFE

Thursday, 7 August 2008

AN OPEN LETTER TO HON. MARTHA WANGARI KARUA, EGH, M.P.




My heroine, the indefatigable Minister for Justice, Constitutional Affairs and National Cohesion, Hon. Martha Wangari Karua wants to be president and Commander-in-Chief of the Armed Forces of the Republic of Kenya. Is hers a serious bid for the presidency or just another gush of hot air? I am unable to refrain from offering her my 50 cent worth of advice because I fear to mourn the loss of a promising political leader.

Waziri, you have an inalienable democratic right to aspire and vie for any public office in Kenya. Having represented the people of Gichugu in parliament for the last 16 years and held high profile jobs in the government and political parties, you have the right credentials to aspire to the position of Commander-in Chief. As the current chairperson of NARC-Kenya, you have a head start as the primus-inter-pares among the leaders aspiring to inherit President Mwai Kibaki’s perceived political mantle in the PNU coalition.

Defying State House on the subject of dissolving PNU constituent parties has bolstered and reaffirmed your image and characteristic aura of political independence. You should completely ignore President Kibaki on this matter and pay little attention to the busy bodies in PNU. The president is not a political animal and is unlikely to play any major role in the 2012 elections. President Kibaki is not and has never been a serious political party ideologue or mobiliser. You and his other friends hurriedly cobbled up PNU just to save him from being party-less in September last year. It is his disdain for party politics that led to the collapse of the original NARC, rendered his DP a moribund outfit and created the House of Babel that is PNU. Not even the president’s sudden interest in and ascension to the leadership of PNU can salvage the coalition. The president has no vehicle for political mobilisation or a grassroots machinery of his own; and hence no political fortune or mantle to bequeath to anybody. If anything, the entire Mt. Kenya region is littered with political orphans of his former parties with no evident possible heir of note in sight. Politicians who are hinging their survival on President Kibaki after 2012 are simply suffering a bout of collective amnesia and busy writing their political epitaphs.

Waziri, charity (even in politics) begins at home. Avoid attacking the Deputy Premier Hon. Uhuru Muigai Kenyatta and Security Minister, Hon George Muthengi Saitoti. Doing so does not endear you to a lot of people in southern Kikuyu land. If anything your thinly veiled attacks against the duo is slowly rekindling the old wounds and fault lines (the fabled Chania River divide) between the north and southern Kikuyu. Take this matter seriously since you do not have any serious cheer-leaders outside Kirinyaga District and as we speak, NARC- Kenya has lost the support of most sitting MPs in the larger Nyeri, Laikipia and Nyandarua Districts. Your only saving grace here is that your defiance against the president and the “big-moneyed elitist minority” wheeler dealers resonates well with the majority of the young people in Mt. Kenya region who are tired of the old order and the current status quo. Get a young energetic party ideologue to harness the political support of the youth and you will pull the rug under your detractors in Central Kenya.

Outside Central Kenya, some people view you as a rouble rousing, inveterate kikuyu chauvinist. You need to re-brand and modify this image through your most visible allies Hon. MPs Dr. Mohamed Kuti, Danson Buya Mungatana (my former college mate), Katoo Ole Metito, Asman Kamama Abongotum and Robinson Njeru Githae. Spend much more time creating grassroots machinery for NARC-Kenya. The party needs serious, credible, and clearly visible grounds-men. You need to organise and open well managed party branches in every constituency to create alternative centres of power, disorganise and scatter sitting MPs and set a foothold in every corner of Kenya.

Whereas you have impeccable credentials in the fight for democracy, civil and political liberties, you have not championed the fight for social, economic and judicial reforms in similar fashion. Poor and unrepresented litigants rarely access substantive justice in Kenya while the rich and powerful easily get reprieve from the courts. Judicial officers often refuse to see “real justice” through the miasma of primordial technicalities of procedure which the rich readily exploit. Our criminal justice system now seems to be a haven for criminals who get cleared after committing serious crimes such as murder, rape and robbery with violence. We have not heard your voice on the issue of murder suspects walking scot-free due to procedural technicalities. You must radically reform this system that only seems to perceive “justice” through the lenses of the villains and not the victims. You understand the quid pro quo doctrine well and four years is a long time; stand for the majority.

Waziri, use the constitutional reform and the gender equity agenda to your advantage. Nothing would endear you more to Kenyans than the attainment of genuine constitutional and legal reforms under your watch. Women constitute 52% of the productive population in Kenya but have been disfranchised from full participation in the political, social and economic development due to historical disadvantages. After close to 5 (five) decades of misrule by lethargic and corrupt male dominated regimes that have entrenched poverty, social and gender inequity, it will be not difficult to package and sell the idea of a principled, untainted, compassionate, and trustworthy woman leader to Kenyans.

Monday, 28 July 2008

DESTROY THE MAU, WIN ELECTIONS AND KILL THE PASTROLISTS!!





Listening to the dissonant voices coming from Rift Valley politicians on the question of the Mau Complex, one discerns a perfunctory lackadaisical reaction to a highly important national issue. The conservation of the Mau is not a sectional issue or a mere inter-communal conflict over land and water. The Mau Complex is arguably the most significant water tower in East Africa. It is the source of the Mara River from whence the world famous Masai Mara National Game Reserve derives its name. The Mara River which straddles several game parks and reserves across two states supports the most extensive ecosystem in the region, supplying water and other vital resources, offering a lifeline to thousands of pastoralists downstream and draining into Lake Victoria. Mau is therefore as important to Kenya just as it is to Tanzania and Uganda. The annual wild beast migration cannot be without the Mau. Every player in the tourism industry knows that the regional circuit cannot be complete without the Masai Mara and it riverine ecosystem. Ravage the Mau, and you will have killed pastoralism, tourism, irrigation, horticulture, hydro-power generation, investment ad infintum. I witnessed firsthand the effects of destruction when I visited Makalia Water Falls in Lake Nakuru National Park in April. A lifeless dry ford has now replaced the resplendent leafy fall I had seen in June 2004.
Whereas William Ronkorua Ole Ntimama and his compatriots Nkoidila Ole Lankas and Gideon Ole Konchella argue that they want to protect the Mau to save the pastoralists from extinction, Isaac Arap Ruto, Benjamin Langat and Magerer Langat claim that the former are driven by the desire for “political” rather than environmental conservation. Though Ntimama and his colleagues may be the wrong persons, sending the right message at the right time, Ruto’s assertion is the logic of absurdity only fit for the political gutter. Ntimama’s war dance does little justice either to the cause he is advancing for “his people”, but perhaps Ruto and his associates have a better, fancier solution.
Conservation and sustainable development are the very essence of inter-generational equity; the desire for self preservation and perpetuation, espoused by every society with a strand, claim or pretension to modernity. When resources are abundant different communities and societies share them in peace. When they are scarce, communities skirmish or go to war over them. For centuries now, peoples, nations and nationalities have devised competing strategies of war, assembled large armies and fought wars to protect or enforce territorial claims over vital resources. Any modern society must have in place a system for self preservation and perpetuation. Strangling the pastoralist communities in the Mara downstream is akin to self administered genocide against a part of our society. I know of no other greater justification for war than an actual threat of historical obliteration against a community. Further destruction of the Mau might provoke an inter-communal conflict in South Rift which will make the internecine communal conflicts over livestock and pasture in Northern Kenya look like child play. This will be the ultimate cost of bad and myopic leadership.
Legal compensation is now being hoisted as the only basis for negotiating a safe “political” exit out of the Mau quagmire. Procedure is the handmaiden of justice. If the initial excision and entry into the Mau was illegal and un-procedural ab initio, why should eviction be legal and procedural? No political platitudes, legal shenanigans or adhesion to ghosts of archaic medieval norms on the sanctity of title can justify the prelude of a slow but inevitable environmental genocide by one community against another. The perceptible message coming from the Kalenjin leaders is, “lets us keep our peasants (voters [sic]) in the forest, destroy the Mau and win elections, the pastoralists can go to hell”. Such reckless political grandstanding can destroy an entire community.
The Mau must be protected at any cost for posterity. It does no matter who has to lose or win elections; all unwanted settlers must get out of the forest now. Only the fauna and flora are fit to live there!

Wednesday, 23 July 2008

VIOLENT STRIKES IN KENYAN SECONDARY SCHOOLS




Allow me to comment about the numerous violent strikes in secondary schools. I have served as a member of the Board of Governors in Public Secondary Schools since I was 27 years old. I was appointed a member of the Board for Giathugu Secondary School, Nyeri in 1999. In 2006 I was also appointed a member of the Board for Mweru Secondary School also in Nyeri. I am currently the Chairman of the Board for Mweru. Both schools have boarding facilities but have so far been spared the agony of violent strikes that are currently facing many schools.

My take on this matter is that 70% per cent of indiscipline in schools is a reflection of poor and irresponsible parenting. I have sat in many disciplinary sessions in both schools and amazingly noted that most parents support their teenage children even in clear cases where the children are involved in criminal conduct such as theft, drug trafficking and usage, assault or arson.

It is also very disheartening to note that many intellectuals, business leaders, managers and professionals have ignored, refused and neglected to participate in the management of public education institutions. Service in School Boards is not remunerated and consequently many people choose to stay away from it. I guess it is more pleasurable to spend time in bars and other social places, rather than giving service to the society. The result is that many public schools managed by old and unenergetic retirees, semi-literate businesspeople and other non-professionals. This has created a managerial gap in most schools since many of those old managers cannot cope up with the rapid social, technological, economic and cultural changes in our country. This is paradoxical since the recent changes in the Education Act and the newly enacted Public Procurement and Disposal Act require schools to be managed by person with a fairly good understanding of Public Finance and Institutional Management. School Boards with members who do not possess managerial skills, expertise and experience are a major source of discontent among students and parents. Parents usually oppose a school administration if they perceive it to be incompetent, opaque or unaccountable. Students on the other hand will engage in insidious conduct to protest against such managers. The protests have become more pronounced and dangerous since the use of corporal punishment in schools was abolished.

Parents are very quick to blame the school administration when things go wrong in a school, yet they shy away from making a conscious effort and practical contribution to the management of the institutions. If anything, boarding schools have become the euphemism for abdication of parental responsibility. They have become the place to abandon teenage children as parents pursue other more important interests such as accumulation of wealth. In my experience in the management of public schools, I have noted that parents regard teenage children as desired and necessary but ephemerally disposable "irritants". A boarding school is regarded as the best place to send recalcitrant teenage children to give parents space and time to chase other important things. This warped parental attitude is a major cause of indiscipline in schools since many irresponsible parents will do anything including bribing and use of threats to ensure that their children remain in boarding schools and away from home at any cost. Such parents seldom support the school administration in matters of enforcing discipline.

It is important for the government, parents, school managers and educationists to review the current system of managing public institutions to allow all the stakeholders to take up their fair share of responsibility. I also appeal to more professionals, business leaders, intellectuals and managers to be altruistic and agree to assume responsibility and spend their valuable time in running public schools. Let us all participate in building a better future generation.
Twitter: @DeCaptainCFE

Saturday, 5 July 2008

SABA SABA: 18 YEARS AFTER KENYANS HAVE LITTLE TO CELEBRATE.



On 7th July 1990 Kenyans responded to a call made by politicians Kenneth Matiba and Charles Rubia and went to Kamukunji to press for constitutional, political-legal, social and economic reforms. Their rallying point was the demand for Kenya’s return to political pluralism, transparency and political accountability in the management of public affairs after decades of oppression and bad governance by the then intransigent KANU regime which had emasculated the civil and political rights of the ordinary people, denied press freedoms and failed to embrace social and economic reforms to cushion the majority poor from the effects of the World Bank and IMF driven Structural Adjustment Programmes (SAPs). More than 20 (twenty) people died in the process and a few days later Matiba, Rubia, Prime Minister Raila Odinga and their lawyers John Khaminwa, Mohammed Ibrahim and Gitobu Imanyara were detained.

Although the last 18 years have witnessed key political milestones in our country, the ideals which Kenyans struggled and died for in 1990 are still a mirage. Kenya returned to political pluralism in December 1991 following the repeal of section 2A of the constitution. Multi-party elections were subsequently held in December 1992 and President Daniel Arap Moi and KANU triumphed against a fractious opposition. The same fete was repeated in 1997 but the opposition managed to secure an almost equal number Parliamentary seats with KANU at the backdrop of minimum constitutional and electoral law reforms enacted through the IPPG initiative. The opposition did not manage to force a paradigm shift in the management of public affairs since they remained divided and were almost always easily outmanoeuvred by Moi and KANU. By 2002 the opposition had a learnt their lesson. A united opposition christened the National Rainbow Coalition (NARC) comprising of the National Alliance Party of Kenya (NAK) then led by President Mwai Kibaki and the Liberal Democratic Party (LDP) then led by Prime Minister Raila Odinga easily routed out and trounced KANU and Moi’s anointed heir Hon. Uhuru Kenyatta at the polls. NARC was elected on the platform of reform and Kenyans had high hopes that the coalition was the final catalyst for the social, political and economic reforms they had sought since 1990.

Apart from expanded political space and press freedoms, Kenyans have nothing to celebrate about Saba Saba. A serious attempt to entrench constitutional and legal reforms in 2005 became a cropper owing to political disagreements. Our statute books are rife with countless laws that confer state beauracrats with excessive administrative power. These beauracrats are no accountable to the people and often act at the behest of the whimsical interests of their appointing authority, cartels of financial racketeers and wielders of political influence. Bad archaic laws have created a beauracratic aristocracy which has grossly enriched itself at the expense of the majority poor. It is these beauracrats who commit innumerable sins of omission and commission and cause incredible suffering to ordinary citizens. As a result Kenya has an anachronistic political system in which the real power of the state lies in the beauracracy rather than in the elected representatives of the people. It is not uncommon to hear Cabinet Ministers lament that the government has failed to protect or help their constituents! The recent sale of the Grand Regency in contravention of the Public Procurement and Disposal and the Privatization Acts is a good example of beauracratic excesses.

Kenyans now live under the siege of common and organised crime. High levels of unemployment, social inequality and inter-generational inequity have seen the emergence of vicious militant groups such as the Mungiki, Sungu Sungu, Taliban and more recently the Sabaot Land Defence Forces (SLDF). Food security remains a pipe dream and just recently the media showed people in some parts of Kenya eating rats to survive. The judicial process and the criminal justice system are still highly steeped in archaic procedural practices which hurt and deny the poor access to justice. Quality health and education remain the preserve of the rich who can afford the fees charged by private institutions. The hastily implemented free Universal Primary Education (UPE) does not guarantee quality education for the children of the poor since it lacks appropriate ancillary structures. The newly implemented free Universal Secondary Education is likely to meet the same fate.

The culture of impunity continues to thrive. The rich and political elite still ride roughshod over the poor. Millions of Kenyans cannot afford decent housing or access cleaning drinking water whilst our leaders use colloquial language to oppose the taxation of their hefty incomes and allowances. Many Kenyans have and continue to die in the name of politically instigated ethnic clashes since 1991 and the Attorney General, Amos Wako is yet to put to account any single notable politician. Land, a basic factor of production which is at the core of these communal clashes remains an emotive issue simply because it is not easily and readily available to ordinary people. It has been reduced into a market commodity by an exploitative small minority that hoards it for commercial speculation rather than production for the common good of the people. The collapse of two stockbrokerages with millions of funds belonging to thousands of small-time investors at the Nairobi Stock Exchange and the massive pilfering of funds from poor people through fraudulent pyramid schemes are repulsive crimes against Kenyans. That the perpetrators of these scams are likely to go Scot free and continue to lavish in ill-gotten wealth is a clear demonstration of unbridled impunity in Kenya.

Without genuine constitutional and legal reforms, Kenyans will not get a political structure that produces transformational and compassionate leadership which does not seek power for the sake of power or for personal aggrandisement and the perpetuation of elitist minority interests. Only such leadership can formulate policies to create a system that promotes inter-generational equity and ensures equality and justice across the social strata. Then and only then will Kenyans have achieved the true vision of saba saba!

Thursday, 26 June 2008

THANK YOU KTN & THE STANDARD GROUP!




I wish to thank the Standard Group and the Kenya Television Network for the well researched and insightful documentary you aired last week concerning the nomenclature and origins of the Mungiki sect. The documentary was an eye opener to many people who do not know the social, economic and political origins of the group. Your documentary was an eye to many viewers who only associate the sect with violence without the knowledge that below the labyrinth there are underlying economic, political and socio-cultural issues which persuade many young people to join the sect. The documentary was also a wake up call to the political leadership of this country that the use of force alone will not solve the myriad problems that the youth of this country are facing. Unless the leaders pass good laws and formulate policies to create a system that promotes inter-generational equity and ensures equality and justice across the social strata, then this country will continue to experience insecurity occasioned by organised criminal gangs. Organised criminal syndicates and militia groups are scrumptious to the hordes of youth who have no access to gainful employment or economic resources. Kudos KTN for the good work!

Thursday, 19 June 2008

MUTAHI NGUNYI IS WRONG: HON. RAILA ODINGA HAS NOT ABANDONED THE PEOPLE


Mutahi Ngunyi is clearly wrong for accusing the Prime Minister, Rt. Hon Eng. Raila Odinga of abandoning the quest for social change. When Dr. Babafemi Adesina Badejo wrote that the Rt. Hon. Eng. Raila Odinga is an enigma in Kenyan politics, there was swift laudatory reaction and obvious indignation from different quarters. This is perhaps because many, including distinguished political scientists and commentators missed the point altogether. Highly publicised events involving Hon. Raila in the past few days prove Mutahi wrong and confirm Dr. Badejo’s assertion that the Hon. Raila Odinga is indeed and remains a political mystery to many in Kenya.

After the Madaraka day celebrations on June 1, Hon. Odinga avoided political chit chat and abandoned the well manicured lawns of Statehouse for the serrated benches at the City Stadium. He joined football fans to watch the Madaraka Day Cup contest between Gor Mahia and AFC Leopards. He joined the fans again on June 7 and 14 at Nyayo Stadium to watch the World Cup/Africa Cup of Nations qualifier matches between Harambee Stars and Guinea and Zimbabwe respectively. Forget that the Prime Minister had several weeks ago referred to football fans as hooligans; he can and will always get away with such things.

While addressing the African Economic Forum in Johannesburg, South Africa, the Prime Minister termed as criminal, President Robert Mugabe’s stranglehold on power which has caused hyper inflation in Zimbabwe. His statement reverberated with the feelings of most ordinary people in Africa; something which many African political leaders cannot dare express to avoid rubbing comrade Bob the wrong way. Though Hon. Raila later clarified that those were his personal sentiments to avoid a diplomatic row with Harare, the message had already sunk home. On June 9, he was at it again. While President Kibaki joined the business mandarins and financial capital moguls to launch the trading of Safaricom shares at the Nairobi Stock Exchange, Hon. Raila chose to take a humble meal of fish and ugali at a downtown joint patronised by ordinary folk. Whether by design or coincidence, his act clearly stole the show from the major event of the day in Sub-Saharan Africa, the launch of trading in Safaricom shares. The president could have said or done one or two things to mollify thousands of small time local investors who feel disenchanted by the manner in which Safaricom shares were allotted, leaving them indebted, but that did not happen. It is a matter better left to the mandarins of influence who control the president’s itinerary, and not lesser mortals like me.

Hon. Raila appeals to the innate instincts of the common folk. He has over time proved that he is a master in the art of socio-political imagery and symbolism. When my former college-mate and Assistant Minister for Health, Hon Danson Buya Mungatana mimics Raila’s “political football” antics to make fun at political rallies he misses the point. My other college-mate and MP for Budalangi, Hon Ababu Namwamba misses the point too when he takes on Raila in his quest for a grand opposition coalition. That Raila chooses to ignore rather than shoot them down in flames only serves to emphasize their political dwarfism and magnify his political mystique in Kenya.

Like the ancient sages of Rome Raila knows when to go to the people and when to let the people come to him. He knows when, how and where to touch base and connect with the ordinary people. It is a fate few of his political contemporaries can match. Because of his flair to interconnect with ordinary folk, Hon. Raila has the ability to excite the masses, turn simple functions into memorable events and elicit a near-cult following. It is this skill that gives him the leverage to tread where angels fear to tread and take serious political risks. In politics, just as in war, you win some battles and lose others. Choosing the battles to fight and those to avoid is a mark of skill and ingenuity on the part of a general. Withdrawal too is tactic of war, and a good general knows which battles to fight and when to make a tactical retreat. Contrary to Ngunyi’s assertion, the Right Hon. Raila Odinga has not abandoned the fight for social reform; he has merely made a tactical withdrawal for the moment. It is my guess that even if he abandoned ODM for another outfit like he did in succession with NDP, KANU, LDP, NARC and ODM-K, Raila would still be assured of his intact following.