TAXATION: HON. EUGENE WAMALWA MUST REDEEM HIMSELF FROM THIS SORDID MESS.

H.L Mencken once opined that "a good politician is quite as unthinkable as an honest burglar." It is on the basis of this assertion that I choose to address Honorable Eugene Wamalwa. I choose him among his ilk for the reason that he epitomizes all that is youthful. He has even anchored his campaign for the highest political office in this land on the plank of transformative leadership. However he has chosen to spend thousands of man hours digging through the new constitution in search of any "faithless and slippery" word that he can hang on not to pay taxes. To date his search has come to naught. Unaccustomed to taking defeat graciously Eugene Wamalwa has held numerous press briefings to viciously curse the new constitution for obliterating his tactical advantage over the national interest. Grapevine has it that he fervently wishes to grab hold of and nail to the mast clause 3 of article 210. In his estimation it contains "crude" words that have literally snatched from him and his ilk the “honorable entitlement” to huge untaxed allowances. In what can only be described as a "monstrous intimacy" Eugene Wamalwa and other idolaters of totalitarianism are planning to display the grandeur of their political power by misdirecting their flak at the Prime Minister. They are now planning to censure the PM of reminding them the obvious: that the pre-referendum pact that saw them overwhelmingly vote for the new constitution was merely a "gentleman`s agreement" which has no place in the new constitution. Of major concern to the electorate is that even as honorable Eugene Wamalwa alongside a horde of other watermelons went around the country to campaign for the new constitution last year it is now emerging that he had not thoroughly read the provisions of the new constitution. Yet he claims to be among the crème de la crème in the society! This is why he has the gall to say that he was misled by the PM. However, the issue of being misled is neither here nor there. What is important is that the new constitution is now in place and Eugene has no choice but to demonstrate his unquestionable faith in the country`s constitution. But that is not what is happening. Instead each passing day we have seen Eugene Wamalwa dine and wine with the saboteurs of the new constitution. My question to him is this: How can he seek to lead a nation whose constitution he does not value nor understand? Isn`t he, in the words of Adlai Stevenson, "the kind of a politician who would cut down a redwood tree, then mount the stump and make a speech for conservation." I wish to remind him that before he makes a sordid mess of himself he must appreciate the fact that although moving a vote of no confidence against a leader of the PMs stature is the standard practice in many democracies around the world, responsible legislators use this arsenal only with a view to checking on executive misconduct, or its effect, especially if the official`s unbecoming behavior subverts the structure of government or undermines the integrity of the office or the Constitution itself. Certainly being reminded of the constitutional requirement to pay taxes does not in any way go against the letter and spirit of the new constitution which the PM swore to uphold. In this regard the attempt at censoring the PM is not only ill advised but is also indicative of the new heights of absurdities that he is engrossed in. He comes out as a politician who will readily invoke this power on account of not liking the PMs nose! Eugene Wamalwa must understand that the PM is simply supervising the implementation of the new constitution as per its letter and spirit. I thought that it would have been the failure on the PMs part not to jealously guard the new constitution against desecration that would have engendered a vote of no confidence against him and not the other way round. Moving a vote of no confidence against the PM based on pure lies will most certainly prove counter-productive. My unsolicited advice to honorable Eugene Wamalwa is that he must earnestly guard himself against fading to irrelevance. He must begin to redeem his image by paying his taxes now or choose to be a burglar. Whatever option he chooses I can assure him of one thing-the debt clock continues to tick each passing day.

LET US NOT USE THE OLD CONSTITUTION AS A CONDUIT FOR CONVEYING OUR EVIL INTENTS INTO THE NEW CONSTITUION.

Barring the court case, the budget is going to be read to parliament this week. This is besides the fact that there has been no appropriation bill under consideration, no debate on the floor of the house. Yet buried deep in the Finance Minister`s response to the brisk criticism of his unwillingness or purported inability to live up to the provisions of the new constitution is his characteristic haughtiness. Never mind that this haughtiness is coming from a presidential hopeful! Besides his failure to present an appropriation bill to the August House he has previously never met any deadline in the presentation of annual or supplementary budgetary estimates. Even worse is the fact that there has always been a glaring “mistake” in the same estimates. Yet he has the gall to tell us that the implementation of budgetary accounting and public management reform takes time. He also mumbled something to the effect that there is need of training and the necessity of a cultural change before meeting the constitutional requirement on public finances as entailed in the new constitution. This is hubris. First, I have examined the chapter on public finances with a fine- toothed comb and suffice to say that there is nowhere where it envisages that one can anchor his indolence in the old constitution while implementing the new constitution. Secondly, it is inexcusable for the finance minister to quote time constraints when we know too well that the Ministry of Finance is inundated with the best economists and software that can shorten the budget making exercise to just a fraction of the analogue years. It therefore goes without saying that by choosing to present the annual appropriations at his convenience, the minister is in fact rubbishing article 221 of the new constitution which makes it explicitly clear that for the envisaged scrutiny to take place, the Cabinet Secretary (Now the Minister for Finance) has to submit to the August House estimates of the revenue and expenditure of the national government for the prospective financial year at least two months before the end of the financial year. By extension, he has flouted the entire chapter on public finances which substantially extends the legislatures` right regarding scrutiny of annual appropriations. It seems to me that the minister is unhappy that Parliament has a right to fuller and more relevant information; the kind of information that bestows upon it real strategic steering power. His failure is thus not informed by the constraints of time but rather by the fear of the legislature exercising power over the purse. He knows as much that this power over the purse is a complete and effectual weapon with which legislators can obtain a redress of every grievance, and carry into effect every just and salutary measure. The minister fears the fact that there is an elephant in the budget detail revolving around projected government expenditure. In fact when parliament indicated that it will give him the leeway to flout the provisions of the chapter on public finances, he breathed a sigh of relief. He took it as the triumph of his desires over the national and county interests. He had simply managed to trick the legislature into believing that any roadblock to the presentation of the budget to the August House or the unnecessary delay in the adoption of the budget will lead to delays in their salaries, hence the urgency to have the budget adopted in the blink of an eye. Unbeknown to many such a scenario is aptly provided for in article 222(1, 2a, b and c) of the new constitution. By abdicating a role so sacrosanct legislators have indicated their willingness to opening wide the sluice-gates of corruption in the budgeting process. This is because even though the planning and programming stage of the budgetary process does not entail handling of the actual money flow, it constitutes part of the budgetary corruption process that manifests itself in the actual payments or transfers of money at the budget execution stage. It therefore goes without saying that if the preliminary stages are poorly executed, the danger of cascading corruption opportunities become real. But then in a sense, our inebriate parliament has been in a pro-forma session all year. Beyond a few ho-hum pieces of legislation—legislators could have taken a nine month holiday at the sun and sin resort and the country would be none the worse. Although we know that the most pressing issue facing our country is the runaway inflation and the staggering high cost of living occasioned by corruption and poor governance parliament is simply not embarrassed to set a new standard for dereliction of duty. TOME FRANCIS, http://kenyapatrioticviewpoint.blogspot.com

WHY I WILL NAME MY SON "INFLATION WANJALA."

My friends laughed uncontrollably when I told them that I intend to name the child who is soon to replace my acting last born, “Inflation Wanjala.” They wondered why I objected to the many funky European names that they had suggested. Some said that if I insisted on the name, then I will be stark, staring bonkers. To their utter consternation, I stuck to my guns. You see, “Wanjala is a luhya name meaning “hunger.” The reason why I chose this name is because it collocates with “inflation” and the two effectively capture the historical significance of this period. When “Inflation Wanjala” comes of age and demands to know why I chose such a name for him, I will tell him that he was born when millions of Kenyans bore the brunt of a voodoo economy. I will tell him that he is a living testimony of a dangerous trend that emerged in the country. This was a time when our country was experiencing a growing pattern of chronic artificial inflation in the months leading to the 2012 general election. Even though my knowledge in matters economics may be fuzzy, trust me to demonstrate to him, a link between inflation and general elections in Kenya. I know for sure that in the preceding electioneering years, inflation was always a dominant variable. It came in different styles and sizes and severely affected public and private economic planning. I will remember to tell him that a coterie had engendered a pervasive and sustained rise in the aggregate level of prices of essential products and services. The cost of living spiraled to over two hundred percent while salaries remained at an all time low. I had to walk up to twenty kilometers each day to and from my work station because the commuter fee had more than doubled. Never mind that like millions of other helpless Kenyans I considered breakfast and lunch mere luxuries. I will tell him that the mysterious fat cats (coterie) had a hidden paw and the movement of a snake. They were criminals who used their intellect to defy the law. They surrounded themselves with the Harvard legalese. They even baffled criminal investigators and caused them constant despair; for when they reached the scene of the crime, the fat cats were simply not there. Not even their footsteps could be traced. Theirs was suavity and deceitfulness par excellence. Simply put, these were the true Napoleons of corruption, the crème de la crème. So powerful were they that they even engendered panic and fear among those tasked with regulating the energy sector. All that the subservient regulators could do was wag their tails and quote non-existent increases in the price of crude oil at the global market and piracy as reasons for the skyrocketing oil prices in the country. None of them could explain why oil prices in other non-oil producing countries were much lower than in Kenya. Like the proverbial cat and mice, the legislature animatedly talked of the need to bell these wily fat cats but none of them (legislators) was willing or courageous enough to take up that noble task. None of them stood his ground to save Kenya from the litany of grand scams in the oil industry. The executive too seemed incapable of directing its attention to the seriousness of these criminal depredations and at worst they seemed to be prisoners of the small coterie who ruled in their name. Buoyed by a contingent of hungry policemen at their disposal, this coterie cared less of the possibility of a social implosion. After all, they could deploy the police force to arrest the dying men and women whose groans disturbed their comfort zones. All the while, the coterie executed the most base and abominable economic crimes over millions of their fellow citizens. The economy at large toiled for rapine. The civil servant, teacher, policeman, doctor and all other laborers did sweat, not for their own benefit, but for the luxury and rapacity of the fat cats of depredation. Ours was a country where forty millions Kenyans, gifted by Providence with the ordinary endowments of humanity, groaned under the weight of an artificial inflation. I will tell “Inflation Wanjala” that his name ought to be a constant reminder to him and to his generation of the folly of letting a coterie whose good fortune springs from the calamities of its citizenry and whose aggrandizement grows out of the miseries of their fellow humankind to take charge of their collective destiny.

MY EASTER SUPPLICATION: GOD, DELIVER US FROM THESE NAPOLEONS OF ECONOMIC CRIMES.

As far as I can remember, “inflation” has always visited Kenyans in the months leading to any general election. Unlike in other economies, ours is always an artificial one. It is perhaps the artificiality of this inflation that is making the government to cleverly substitute the term “inflation” with “high costs of living.” Buoyed by the confusion between financial straits and high costs of living and the resultant conceptual chaos, the government can only be economical with truth. The Government will never admit that there is an inflation induced by a coterie. This is because feeding an ignorant public that is reeling from the effects of an artificial inflation with truth is akin to rabble rousing. Instead, a “sensible government” such as ours, will adopt half-hearted measures of addressing the plight of its citizenry while all the while it will be busy doing its best to cover up the muck left in the wake of a coterie that is manipulating the oil industry for purposes of financing the 2012 political campaigns. Besides, given that this is a grand scale pillaging, it only seems plausible to opine that some ambitious elements in the echelons of government are part and parcel of this coterie. Seen from this perspective, it becomes easier for one to begin to fathom why this coterie seems to have hidden paws. As far as they are concerned no one will demonstrate a link between them and the huge drug hauls, oil scandals or even the containers full of bloody gold from the Democratic Republic of Congo to name but a few. If the above is indeed the case, then we can begin to understand why this coterie remains an enigma. We will begin to understand why this coterie continues to baffle criminal investigators causing them constant despair. We will also begin to understand why when the criminal investigators reach the scenes of crime, not even the footsteps of this coterie can be traced. Simply put, these are the latter days Napoleons of corruption, the crème de la crème. And true to the meaning of the phrase “Napoleons of corruption”, they have caused seismic panic among those tasked with regulating the energy sector. All that the subservient energy regulators can do is to wag their tails in the presence of this coterie. The statements issued by the regulators in justifying the high oil prices are as clear as mud. It is not surprising to hear them quote increases in the price of crude oil at the global market as well as piracy as reasons behind the skyrocketing oil prices in the country. Interestingly, none of them can explain why oil prices in other non-oil producing countries are much lower than in Kenya. At best theirs can only pass as a maundering prose or a mystic mumbo jumbo. The energy regulators are not alone. We have heard the legislature animatedly talk about stopping this coterie. But like the proverbial cat and mice none of them is willing or courageous enough to bell these fat cats. Indeed, none of them has so far stood his ground to save Kenya from the litany of grand scams. The executive too seems incapable of directing its attention to the seriousness of these criminal depredations and at worst it (executive) seems to be a prisoner of this coterie that is ruling in their name. Buoyed by the presence of a hungry and malnourished police force, this coterie cares less of the possibility of a social implosion. After all, they can deploy the police force to arrest the dying men and women should their groans as much as disturb their comfort zones. So, perhaps we should just resign ourselves to the fact that this coterie will continue unabated executing the most base and abominable economic crimes over millions of Kenyans. May be the pain will be mollified if we just learnt to accept the fact that the economy at large will continue to toil for rapine. The civil servant, teacher, policeman, doctor and all other laborers will continue to sweat, not for their own benefit, but for the luxury and rapacity of these fat cats of depredation. Yes, we groan under the weight of this coterie but still, out of our own volition, we bent our backs for them to ride on. Ours is a typical voodoo economy where forty millions Kenyans, gifted by Providence with the ordinary endowments of humanity, voluntarily bent their backs to be mounted. Yes, ours is a country where the good fortune of a coterie springs from the calamities of the citizenry. It is a country where a coterie`s aggrandizement grows out of the miseries of their fellow humankind. And because we are a notoriously religious nation the best we can do is to ceaselessly pray so that God can save us from ourselves.

HON. EUGENE WAMALWA CAN ONLY BE A CHEER LEADER IN NEW FORD KENYA.

After last Saturday`s rally at Posta grounds in Bungoma, Eugene Wamalwa finally made good his threat of ditching Ford Kenya. Propped by honorable Uhuru Kenyatta and William Ruto, he just fell short of revealing his new political party. Grapevine has it that he intends to sojourn in New Ford Kenya where a hero’s welcome awaits him. I must admit that this sounds too good an offer. Yet, we are warned that when the offer is too good, one must think twice lest his celebrations are quickly drowned out by the Devil that is in the details. To begin with, Eugene has to convince the populace of Kakamega County that he was not part of the political elites that hounded the likes of Soita Shitanda and Bonny Khalwale out of Ford Kenya in the months leading to the 2007 general election. I have a hunch that the latter have never gotten over the 2007 sour grapes and they may just be looking for an opportunity to revenge. Remember that revenge is a dish best served cold. Outwardly, they may put on charming smiles while they are really hurting inside. Even if perchance the officials of the New Ford Kenya bear no grudge against Eugene, I am not sure that they will be so desperate as to agree to give him more prominence over themselves. There is also a growing perception among the electorate that Eugene is a quitter. This term carries with it a negative connotation in that quitters are known to be driven by their short term political interests as opposed to the general good of the electorate. Unlike his elder brother, the late Vice President Wamalwa Kijana, Eugene`s behavior is a testament of a man who is impatient with himself. When he failed to secure the Ford Kenya ticket as the parliamentary candidate during a by-election in Saboti constituency that was occasioned by the demise of his brother, he quit Ford Kenya for Republican Party of Kenya (RPK) where he unsuccessfully launched his maiden contest. In 2007, he quietly returned to Ford Kenya. He succeeded in taking the Saboti Parliamentary seat on a PNU coalition ticket. Four years later, realizing that he cannot competitively secure Ford Kenya`s nomination as a presidential candidate, he has again decided to jump ship. However, because of his penchant for quitting parties especially in the face of competition, the electorate`s trust in Eugene is diminishing by the day. Eugene Wamalwa will thus have an uphill task convincing the Bukusu populace to cross over from Ford Kenya to New Ford Kenya. Consequently, it does not make sense for Eugene to join New Ford Kenya when his presence in that party will not add any value. Clearly, there is very little he can do to enhance New Ford Kenya`s popularity. At most, Eugene will only be regarded as New Ford Kenya`s cheer leader. The only guarantee he will have of not being trampled upon is if he does not allow his ambition to be in direct conflict with the political ambitions of the “owners” of New Ford Kenya. Eugene may find solace in Chinua Achebe`s “A Man of The People” by saying that he is not a fool to spit out the juicy morsel that good fortune has put in his mouth. But to the electorate, he is simply a man who does not mind riding on the misfortunes of some of the Ocampo six. Besides, there is a perception in the public domain that some of Ocampo six are barons of impunity therefore any politician who intends to be a presidential aspirant associating with them runs the risk of being seen as part and parcel of the evil axis that the electorate wants to get rid of. As the saying goes, “if one walks like a duck and quacks like a duck then, he must surely be duck.” But of more concern now to Eugene is the theory gaining currency that he is not his own man. Pundits opine that by being publicly propped by people with questionable characters to the presidency, Eugene seems to be reclining to the fact that even as a president he will be a true regent or a prisoner to forces of impunity. No idea is as repulsive as this for an electorate that is yearning for positive change.

LET NOT IMPUNITY SMOTHER THE NEW CONSTITUTION.

Today, I speak of those great patriots present and those departed, who little impressed by the audacity of the barbarians gallantly fought for the second liberation of this country regardless of their stations in life. Many among them were maimed in the struggle for the expansion of the democratic space. When death reaped one defender after the next, there was none among them who through cowardice refused to fill the gap. I salute them all. For all those patriots departed, I know that you must be tossing and turning in your graves in impatient anger like a blood-pudding seething over a fire. You must be cursing at the site of political madness in the form of violent debauchery. I know that it pains you to see some callous individuals want to reduce Kenya to a collection of tribes and not a united Nation as you had earlier envisaged. You must be holding us in contempt as you witness the bile and treachery by some in our midst who are busy enticing our brothers and sisters to dance themselves lame to the drums of phantom wars. You must be appalled that these individuals want to cling on the president`s coat in the hope that he will not oblige them to step aside from their lofty political portfolios. These individuals still imagine that on the balance of scale, the word of the president is still greater than the very constitution that he swore to protect. We see them in political rallies talking tough and throwing tantrums at their imaginary political foes. Their words are like sugar coated poisonous pills. When wholesomely and unquestioningly swallowed these words have the effect of creating bovine obedience in us so that we do not demand of their resignation in light of the grievous charges preferred against them. You must be seething with anger that we conscripted individuals who were part and parcel of the undemocratic, illiberal and repressive political regimes to usher in the new political dispensation. I now must admit that this was but a mere historical accident. In our excitement we threw caution in the wind and completely forgot that like obligate anaerobes these individuals would never appreciate the fresh political air blowing across the country. We completely forgot that because they are scions of the old political order they can only thrive in mischief. Indeed, they have employed all the dirty tricks in their odious book to cover each other`s muck. All they are good at is staying deep down under the rabbit`s fur. They have deliberately refrained from any kind of direct ideological challenge to the status quo. They prefer politics of appeasement and aggrandizement to the principles of democracy as enshrined in our constitution. Take for instance those who have been quick at flaunting the term “sovereignty” as a smokescreen to avoiding justice. They have displayed vigor in seeking for a deferral and possibly a referral at a later date but they have largely been unwilling in demanding that the same suspects resign from their public offices in line with the requirement of our new constitution. The huge pot holes in their reasoning cannot be gainsaid. It is amazing at how they can conveniently forget that under the new constitution, a precedent has already been set. We have seen honorable Moses Wetang`ula, Henry Kosgei and William Ruto resign from their portfolios under circumstances less grievous. Any exception to this constitutional requirement is not only a case of double standards but an act of impunity as well. I can see you shedding tears of despondency because our motherland is being treated to the verbal wallop of some sycophantic leaders. That the verbal hemorrhage of our leaders is too stupendous is an indication of the extent they are willing to go in propping up impunity. Indeed, some leaders have been heard saying that should one of the suspects be ineligible to contest the presidency come 2012 owing to The Hague trials then the presidential election must be postponed. This is balderdash. To them, it matters less if the said suspect is found guilty as charged. They want to make us believe that the country will not move forward for the period such a person would be incarceration. Does it mean that such a person is more important than the sum total of all Kenyans? My fellow patriotic Kenyans, I take it that you are sincere, honest and brave enough to render a verdict according to your convictions, beyond the shadow of a reasonable doubt. To our departed patriots, let me assuage your feelings. We owe you the duty of safeguarding the well being of this great Nation. I assure you that the seeds of patriotism that you sow in us have germinated and we shall faithfully water them to fruition. Like Emma Goldman, we dare say that “We are but the atoms in the incessant human struggle towards the light that shines in the darkness—the Ideal of economic, political and spiritual liberation of mankind!” We shall surely have a victory for truth and justice over those standing in the way of our new constitutional order.

MASS ACTION USED AS A POTENT TOOL FOR DEMOCRATISATION AND NOT FOR MURDER AND PLUNDER.

Those of us who played a crucial role in the expansion of the democratic space in this country know very well that there is a huge gulf in terms of meaning between mass action on the one hand and mass murder and plunder on the other. We all know that these terms are not synonymous as some people want us to believe. Harping on such thinking does not only expose one`s ignorance but also insults the intelligence of true patriots. To true patriots, mass action has never been a call for citizens to take arms and rise against their fellow citizens. Mass action was and remains to be a potent tool used to force political regimes that are out of touch with the social and political realities of the day to wake up and smell the coffee. History is rich with examples of how mass action has been used in the liberation struggle the world over. In Kenya for example, it was largely responsible for the repeal of section 2A of the Kenya constitution in the early 1990s. History also attests to the fact that individuals who are seemingly clothed in democratic garments and who were previously part of the impunity that was routed during the second liberation of this country do not understand what mass action means. For how can they understand mass action when they have all along stayed deep down under the rabbit`s fur? These are individuals who have nervously refrained from any kind of direct ideological challenge to the status quo. They have instead preferred politics of appeasement, aggrandizement and abandonment of the principle of democracy. To them, those of us who are incessant atoms of positive change are to be met with violence and mercilessly crushed to submission. As part of the historical accident, some of those who helped perpetuate the undemocratic, illiberal, authoritarian and repressive political regime(s) were conscripted as change agents in the new political dispensation. However, it is said that old habits die hard. The same individuals found themselves suffocating under a bout of fresh air. For them to remain politically relevant they had to quickly find some form of mischief. The 2007 presidential election provided them with the much needed opportunity to unleash the terror that was part of their DNA. Since they were in two opposing political camps, each one thought that he had an opportunity to outdo the other. They both employed all the dirty tricks in the book to vanquish each other in order to sustain their selfish desires. Unfortunately, it is the electorate across the political divide that became the poor victims of their vicious war. These individuals discovered too late that as scions of a nearly dismembered political system their chances of survival lay in their coalescing together. Indeed, they gravitated towards each other. But for the reunification to be complete they had to shop around for a sacrificial lamb upon which to direct their ire. They found the target of their misplaced anger in the PM. They have continually blamed the PM for being the architect of all their real and imaginary woes. Without any iota of evidence they have alleged that the PM double crossed them by colluding with the Waki commission, Ocampo, Obama (read as USA), France and even UK to fix them politically. They have since vowed to also vanquish him politically. Perhaps these individuals imagine that we suffer from memory lapses. They think that we cannot recall that at the time when the International Community stepped up pressure to bring to an end this cycle of violence and impunity the same individuals successfully rallied legislators in parliament to twice reject attempts at establishing a local judicial mechanism to try the perpetrators of the 2007 PEV. Then they said “We should not be Vague. Let us go to Hague.” Their wish was granted. They are now belatedly crying that Kenya is a sovereign state and that submitting to the Hague is akin to inviting back the colonizer. I dare say that this is balderdash. These individuals must be told in no uncertain terms that any attempts to take this country to the political doldrums will be met with the full force of the law. It is therefore incumbent upon them to desist from whipping the emotions among their ethnic bases as this will further prove their culpability of the accusations leveled against them. They must know that ICC is a credible international court that will never grasp at shadows. It is also imprudent for these individuals to allow their political sycophants to issue remarks that have the potential to incite the public. What else can one make of the statement by one MP that parliament will be forced to postpone the 2012 elections should one of the suspects not be eligible to contest the presidency come 2012 courtesy of the pending cases at the ICC? What if the said person is found guilty? Will his incarceration be the reason for the country being held at ransom? Does it mean that such an individual is more important than the sum total of all Kenyans? This is the height of political extremism. We cannot allow it to begin to show its ugly face again. As the conscientious public we expect that those on whose behalf such remarks have been made to come not only to distance themselves from such recklessness but to also condemn it as well. Unfortunately, such incidents provide more reasons why the Hague process must go forth unhindered.

KALONZO`S GRATUITOUS PROPHESY KEEPS HIM WAGGING HOPEFUL.

So Vice President Kalonzo Musyoka has said that come 2012, he will be in state house. Of course, not as comptroller or those other jobs whose occupiers have to constantly contend with the slaps, insults and tantrums from the most powerful woman found therein. No. He will be there as the Commander in Chief of the Armed Forces of Kenya. This is to say that he will be the fourth President of the Republic of Kenya. When he missed the presidency in 2007 by a wide margin, he embarked on a journey to endear himself to President Kibaki with a view to scoring crucial points in the ensuing succession politics. Noting Kalonzo`s loyalty, President Kibaki never hesitated to appoint him his chief errand boy. And true to his calling, Kalonzo has unquestioningly and faithfully run errands for President Kibaki sometimes at the risk of even Kalonzo`s own political supporters interpreting his behavior as consistently and dangerously taking a sycophantic slant. Kalonzo has remained unbothered by such criticism. This is because he has always seen himself as sufficiently philanthropic as is demonstrated in his tireless work in aid of the Ocampo six. At the international level, he has undoubtedly cut a niche for himself as a master of shuttle diplomacy. Even though his efforts are yet to bear any fruits, we cannot begrudge him. Of course, we all know how Uncle Sam and the rest of the big boys dislike those who want to flaunt their diplomatic prowess in their faces. Nevertheless, suffice it to say that Kalonzo`s has demonstrated beyond any reasonable doubt that he can die for his “brother” and in politics such gestures rarely go unrewarded. Given that those who have been summoned by the ICC will not be in position to have their names on the 2012 presidential ballot, it is incumbent upon the orphaned political turfs to look around for an heir apparent. I imagine that the VPs soothing dirges will neither be unfamiliar nor unacceptable to them. Surely, he will not be accused of shedding more tears than the bereaved. It is only ingrates and those with short memory spans who cannot reciprocate such a kind gesture. Kenyans are nowhere near such a description. This is why the VP is wagging hopeful that he will bag all the votes in these orphaned turfs. That is understandable. After all, in Africa don`t we say that “If death were not there, how else would the inheritor get his riches”? But philanthropy is not the only quality that the VP has. The VPs religiosity stands unrivalled. It is no secret that the VP communicates with the gods in mediums completely out of the range of the ordinary minds. Given that Kenyans are notoriously religious he is sure to get votes from a huge chunk of the electorate. I guess you recall when he prophetically said in 2007 that he will pass in their midst and none will see him? The strange thing is that the prophecy never came to be. But none of us had the guts to question the gods` mouthpiece. May be the gods had some beef with the VP and that is why the prophecy was temporarily frozen. Who knows, may be the ice has since thawed and the VP will soon be matching to state house unseen as earlier prophesied. Perhaps this explains why the VP is re-energized and has even found time amid a tight shuttle diplomacy schedule to dust and adorn his prophetic regalia and traverse parts of the country prophesying that “his 2012 miraculous match to state house is unstoppable.” But perhaps like me, when time is ripe you may find solace in the words of George Elliot (1819-1890) who said that “among all forms of mistakes, prophecy is the most gratuitous.” You see, with prophecy it is never important whether the prophet has none of the gentleman`s instincts when strutting about its fulfillment.

THE ART OF WRESTLING A PIG IN A MUDDY POOL.

Over the last couple of weeks, the public, herein referred to as the audience, has been treated to a never ending contest titled “The art of wrestling a pig in a muddy pool.” For one to be eligible to participate in this contest one needs to sign a consent form indicating that he is an adult of sound mind and that he has entered the contest on his own volition. The theatre of this absurdity is the expansive fields of the country called “Nyake” which is littered with countless barnyards. Note that some of the barnyards have a striking semblance with Kenyan political parties. These barnyards have hostile and squeaky pigs lurking therein. They are the kind of pigs that would make a mockery of the pigs in George Orwell`s “Animal Farm.” The common denominator among these pigs is that they have a penchant for muddy streams and piggy political adventure. The squeaking gets even louder as these pigs break the perimeter fence and stray into neighboring barnyards where they mingle with those that have similar orientations. They can be seen darting across the expansive fields in search of muddy pools where they taunt humans for a muddy contest. The rules of this contest are fairly simple. Rule number one is that the prospective human participant must be willing to enjoy the muddy fight at least as much as the pig would. The longer the muddy contest the merrier it is for the pigs. Rule number two states that for purposes of ensuring the longevity of the muddy contest, the prospective participant must not carry the detergent known as “Kibunja” into the muddy pools for the pigs know too well that “Kibunja`s” pungent smell is not good for their snorting and will thus bring the muddy contest to a premature end. Rule number three is that the audience, will measure your success not only in terms of how fast you scoop mud to smear the muddy pigs but also how clever you are to avoid the pigs muddying you. Quite a task, huh! Rule number four is that the participant must ensure that he has plenty of time to have a good muddy shower and a hearty laugh at himself. Perhaps the participant may just be in time to discover the fact that mud purifies the pig`s emotions. Call it some sought of a piggy catharsis. In this regard, the participant is specifically warned not to be surprised if the pigs soak him thoroughly in mud. Neither should the participant be surprised if the pigs squeal, or play dirty, or run amok or even run around in circles, small and large, tirelessly. The good thing is that the participant will perhaps just be on right course to discover the import of the old age aphorisms that “When you fight with a pig you both get dirty and that the pig likes it” or that “you got to have a swine to show you where the truffles are.” The trickier part is that the participant is also strongly advised to be kind and gentle. Otherwise 'the audience' will judge him and not the pigs. They already feel sorry for the pigs for wallowing in the mud, even before the contest starts. So you have to enter the muddy pool with caution - if at all. It will also be worthwhile for the willing participant to remember that these pigs may be hurting inside, sometimes somewhere quite deep and painful...this explains why sometimes they squeak without knowing it. After the muddying experience rule number five comes in handy. It states that when the pigs taunt you to come back for more mud wrestling contests- (as they are wont to) - make sure it is you who decides whether to 'go back for more' – and not the pigs because they (pigs) have absolutely nothing to lose.

CONCENTRATION OF MEDIA OUTLETS IN THE HANDS OF A FEW WILY POLITICIANS IS INIMICAL TO FREE EXPRESSION.

Thomas Jefferson once said that, "the only security of all is in a free press.” He further opined that “the force of public opinion cannot be resisted when permitted freely to be expressed. The agitation it produces must be submitted to. It is necessary, to keep the waters pure." The import of this avowal cannot be gainsaid. We are all witnesses to what is transpiring in the Arab world, where two political regimes have already been disposed of by popular uprisings fuelled by the powerful mass media. Many other political regimes in the region are standing on political quick sand. It is only a matter of time before they are relegated to political Siberia thanks to the catalytic nature of the liberal media. African dictators are having their worst nightmare on how to contain this roguish foe. Many of them will elect not to encourage the freedom of the mass media for fear of the resultant political agitation. They will thus use every trick in the book to gag the liberal media. This may not be done overtly due to fear of international condemnations. In order to accomplish this objective without causing a furore, many heads of states and their ideological heirs will ensure that media outlets are highly concentrated and dominated by a clique of politicians and conglomerates whose ideological leanings are not a threat to the political establishments of the day. The intent will be to ensure that the listenership, viewership and readership of these outlets is widely dispersed and, in the words of T.S. Elliot, “like foxes that have an interest in prolonging the lives of poultry”, they will ensure that only opinions favorable to their political cause will be churned out to the unsuspecting public while all other opinions will be repressed. This view may look farfetched; however, the reality is that it is happening in Kenya. Mergers and acquisitions of media outlets by politicians either directly or through proxy is on the rise. The effect of these mergers and acquisitions has been that these newly acquired or merging media outlets have become captives to political interests. Scribes on the payroll of these media outlets are crying foul that viewpoint discrimination through discreet outlawing of opinion that is not in the best interest of the media owners is on the increase. They lament that most of their opinions do not see the light of the day or are edited beyond recognition especially if such scribes have unearthed potentially damaging information concerning certain politicians who are either friends of media owners or part owners of the media house(s) that these scribes work for. Moreover, editorial values are rarely subject to detailed exegesis in the Editorial Guidelines. From the foregoing, it can only be concluded that monopolistic control of the media market by wily individuals is likely to lead to the shrinking of the democratic space in the country. This is of course sweet music to the ears of despotic heads of states. Such leaders will not hesitate to facilitate an increase in concentration of media outlets in the hands of a few wily individuals and subsequently reduce the overall quality and diversity of information communicated through major media channels. Ultimately, this gives rise to a poorly-informed public, which is restricted to an array of biased media. Such media will be out to offer information that does not jeopardize the political interests of the incumbent and his or her ideological heirs. In his book titled “Human Liberty and Freedom of Speech” Edwin Baker opines that “media freedom must be that which is geared towards the creation and maintenance of a healthy democracy in which all citizens would flourish.” Media concentration that is an antithesis to media freedom is therefore sociologically detrimental and dangerous to any civilized society.

THE SANCTITY OF THE NEW CONSTITUTION HAS NOTHING IN COMMON WITH POPULARITY CONTESTS.

I must confess that I was disappointed by honorable Uhuru Kenyatta`s reaction when the House Speaker ruled that president Kibaki`s nominations were unconstitutional. Uhuru was far from the vibrant, colorful and respectable gentleman that I have known and respected for so many years. In fact, I tried hard to convince myself that the man before the cameras was but his caricature. Staring into the cameras in so threatening a manner, he threw his hands in the air, waxing lyrical about the speaker and the PM berating the president. His speech was punctuated with heavy heaving that was in itself an indication that he felt more than half-disposed to revenge. The scene was akin to that of contending professional boxers who consumed by anger, they wish to immediately beat senseless their opponents during the weigh-in and press briefing session prior to the bout. It is no wonder that my four year old daughter cringed every time Uhuru clenched his fist and hit the table so hard. It is incomprehensible that a man who grew up in the most decent and sophisticated places in the world, tutored by the best instructors on public discourses and anger management could so shamelessly allow himself to be consumed with anger to the extent of becoming incoherent. This is why he does not see the difference between the sanctity of the new constitution and popularity contests. I dare say that it is incomprehensible for Uhuru who even in the face of the most trying moments of his life has always managed to get his act together to allow himself to be so ruffled by the speaker`s ruling. But then, what exactly did Uhuru mean when he mumbled something about the new constitution giving the president a carte blanche to nominate those he deems fit? If what he alluded meant the president, thinking within the box rather than outside the box then I must confess that Uhuru got the intent and objectives of the new constitution wrong. This is because thinking within the box is less challenging and is expedient to one's own short-term interest or political survival, but Uhuru ought to know that this is the very culture that Kenyans have decried. It is this culture that took this nation to the dogs. Unfortunately, Uhuru and many of his ilk were tutored in the same culture. This is why it is unsurprising that they still have the perception that even with the new constitution political leaders can always play the Russian roulette with the lives of Kenyans. To such politicians nothing will change for the better in our country, except for the lives of the few wily politicians, more so, those born with silver spoons in their mouths and those who are always privileged enough to enjoy the trappings of power. These are politicians who have the tendency of thinking that they own the country. Fortunately, none other than president Kibaki himself went to the streets to fight against this culture during the second liberation of this country. I therefore have no doubt whatsoever that the president took the speaker`s ruling with a stride. The unfortunate culture aside, I am still left wondering why Uhuru was behaving like the proverbial mourner who sheds more tears than the bereaved. Given that it is not his nominees that were rejected, I am still looking for a clue on why he seemed so rattled by the speaker`s ruling that he became incapable of conducting himself with decorum. May be I am stretching my imagination a bit far, but bear with me for entertaining the thought that perhaps Uhuru had a hand in picking those who successfully made it to the disgraced list of nominees. Perhaps, this had everything to do with a pre-determined ruling in favour of the Ocampo six were the UN Security Council to grant us the plea for a deferral and later a referral based on the understanding that Kenya had established a “credible Judicial mechanism.”

CULTURE OF IMPUNITY MAKES RECURRENCE OF PEV A REALITY.

A section of legislators have been fast and furious in accusing Prime Minister Raila Odinga of incitement over remarks he recently made that the country may experience a worse round of electioneering related violence if the perpetrators of the 2007-2008 PEV are not prosecuted. These legislators have demonstrated a penchant for quoting the PM out of context in order to paint to the public and the International Community an unfavorable picture of him. It would be a great disservice to the nation if these extremes of flippancy were to go unchallenged. In order to appreciate the circumstances under which the PM made these remarks, I wish to draw the attention of these legislators` to findings of a research titled “Reaping the whirlwinds? The Socio-Economic implications of the 2008 post Election Violence” carried out in August 2010 by The Kenya for Peace with Truth and Justice (KPTJ). Therein are research findings that show that three quarters of Kenyans in the Rift Valley consider recurrence of ethnically motivated PEV as likely. It opines that about 40 percent of the respondents plan to relocate temporarily while fifteen percent plan to migrate permanently. All the respondents agree that bad politics and the Government`s inability to deliver justice to the victims of PEV is likely to fuel another round of ethnically motivated PEV. Studies undertaken by other bodies such as Kenya National Commission on Human Rights (KNCHR), the Kenya National Dialogue and Reconciliation (KNDR) Monitoring Project, leading researchers such Synovate and Infotrak as well as a host of other civil society organizations have made similar observations within the same period. Of much significance is the fact that these findings dovetail with findings of the Independent Review Committee (IREC) and the Commission of Inquiry into PEV (CIPEV). IREC recommended institutional reforms while CIPEV recommended that in order to tackle the culture of impunity and to prevent future recurrence of PEV there must be investigations and prosecutions of the perpetrators of the 2007 PEV. However three years down the line, these reports seem to have found their way into the shredder. Implementation of these reports has been so much politicized. Currently there are many personal, political and even ethnic considerations surrounding the debate on the establishment of a credible local judicial mechanism to prosecute the suspects bearing the greatest responsibility over the 2007 PEV. The country is increasingly being treated to ethnic political dynamics that are clearly aimed at subverting justice. Already some legislators are unreasonably and callously trying to push the country out of the Rome Statute as a way of expressing solidarity with those indicted. This is impunity par excellence. The amended Set of Principles for the Protection and Promotion of Human Rights through Action to combat Impunity submitted to the United Nations Commission on Human Rights on 8 February 2005 defines impunity as: “the impossibility, de jure or de facto, of bringing the perpetrators of violations to account – whether in criminal, civil, administrative or disciplinary proceedings – since they are not subject to any inquiry that might lead to their being accused, arrested, tried and, if found guilty, sentenced to appropriate penalties, and to making reparations to their victims.” Moreover, the First Principle of the same document opines that “Impunity arises from a failure by States to meet their obligations to investigate violations; to take appropriate measures in respect of the perpetrators, particularly in the area of justice, by ensuring that those suspected of criminal responsibility are prosecuted, tried and duly punished; to provide victims with effective remedies and to ensure that they receive reparation for the injuries suffered; to ensure the inalienable right to know the truth about violations; and to take other necessary steps to prevent a recurrence of violations.” Going by the above, suffice to say that impunity has taken a permanent abode in Kenya. Given the altercations surrounding the president`s nominations particularly into the judicial service commission, there is little doubt that Kenya has failed to put in place credible judicial mechanisms to oversee the delivery of justice. In spite of this, forces within Government are active in seeking referral, which has now been replaced with deferral of cases against the Ocampo six. Besides there has been a deliberate attempt by a section of the Government to incite other African countries (vide shuttle diplomacy) to pull en masse out of ICC. Given that there those in government who can be so bold in rallying other countries to support our culture of impunity it can only be that there are individuals who are prepared to go to extreme ends to defeat justice even if it means reverting to chaos. These are the circumstances that forced the PM to speak out his fears over attempts by some individuals to forestall justice. It is therefore an act of hypocrisy for a section of legislators to demand that the PM cites intelligence reports to back claims of recurrence of PEV in 2012. Curiously the same legislators have been quick to point out (without any iota of evidence) that the prosecution of those bearing greatest responsibility in the 2007-2008 PEV will be a serious threat to national peace and security. It can only be that those castigating the PM over his remarks are predictably malicious as is attested by their fantastic misrepresentation of facts. Hidden behind their flippant remarks is a formidable façade to pamper impunity. TOME FRANCIS, BUMULA.

JUDICIARY MUST "LIFT THE CORPORATE VEIL" TO RECOVER STOLEN PUBLIC FUNDS AND PROPERTY.

In legal law and jurisprudence there exist three theories of legal personality: the realist, fiction and objective theories. But, it is the fiction personality theory that is quite controversial. Here, non-human or artificial bodies’ (such as companies) maybe legal entities through the fiction that human beings provide the mind and soul (corpus and animus). It therefore follows that companies have a legal identity as well as the right to own property. Companies can also sue as well as be sued in a court of law. However, such legal entities cannot be physically present in a court of law for offences committed. Besides, such entities cannot be accused of perjury. Furthermore, unless it is through liquidation or winding up, they cannot be punished by death nor can they be subject to corporate punishment. Given the above limitations Kenya has witnessed a worrying trend where wily individuals use companies as their alter ego. Here, a company is deliberately used to provide a legal shield for the wily individuals operating the company for their selfish intents. Such companies (some of which seem to enjoy protection from the political establishments of the day) have often gone under just before or soon after the respective political regimes come to an end. These conniving individuals hide behind “the limited liability” (which is metaphorically referred to as the “corporate veil”) whenever they are called upon to account for their mischief. However, this protection may be pierced and personal liability imposed by the courts of law when a wily shareholder operates the company as an “alter ego” for wrongful purposes. It must be underscored that this veil is not in itself an absolute shield. According to Wikipedia “piercing the corporate veil” is a legal decision to treat the rights or duties of a company as the rights or liabilities of its shareholders or directors. Usually a company is treated as a separate legal person, which is solely responsible for the debts it incurs and the sole beneficiary of the credit it is owed. Common law countries usually uphold this principle of separate personhood, but in exceptional situations courts of law may "pierce" or "lift" the corporate veil. This doctrine is used by the courts to ignore the corporate status of a group of stockholders, officers, and directors of a corporation in reference to their limited liability so that they may be held personally liable for their actions when they have acted fraudulently or unjustly. In order to have a better understanding of what “piercing the veil of a company” entails, let us take the example of a business man who leaves his job upon signing a contract forbidding him from competing with the company he has just left for a period of time. If he goes ahead to set up a company which competes with his former company, technically it would be the company and not the person competing. However, it is likely that a court of law would say that the new company was just a "sham", a "fraud" and would therefore allow the old company to sue the man for breach of contract. A court of law would thus look beyond the legal fiction to the reality of the situation. Several courts have determined that the alter ego doctrine can be applied to Limited Liability Companies. In the US for instance, in Kaycee Land & Livestock versus Flahive, (2002), the Wyoming Supreme Court held that the equitable doctrine of piercing the veil was an available remedy under the Wyoming Limited Liability Company Act. In the UK, the corporate veil was lifted in the case between Gencor versus Dalby, because the company was the "alter ego" of the defendant. From the foregoing, despite the terminology used that makes it appear as though a shareholder's limited liability emanates from the view that a company is a separate legal entity, the reality is that the entity status of companies has almost nothing to do with shareholder limited liability. “Piercing the corporate veil” is therefore the only means of breaking down a wily individual`s protection. This is mostly done when such a company is the wily shareholder`s “alter ego” and is a sham or façade used to evade creditors or to defraud the public. Given the soaring corruption cases in Kenya revolving around limited liability companies, it is the public`s expectation that the Kenyan courts would rise to the occasion by “lifting the corporate veil” to expose the real fraudsters. It would make a lot of social and economic sense if a company is barred from being the alter ego of the principal corporate.

VOTE OF NO CONFIDENCE AGAINST PM PREMISED ON WRONG REASONS.

The political marriage of convenience between certain legislators and their hitherto political nemeses has undeniably given them the numerical strength in the tenth Parliament. However, it is the manner in which these legislators intend to use their new found pact that is very much disconcerting. First they threatened to impeach the House Speaker should his ruling regarding the constitutionality of the president`s controversial nominations go against their grains. Later own they threatened to pull out of the coalition government that they rightly accused of working at cross-purposes. On Friday last week, some legislators threatened to move a vote of no confidence against the PM for allegedly challenging the President`s “unfettered powers.” While I acknowledge that moving a vote of no confidence against a leader of the PMs stature is the standard practice in many democracies around the world, I am also acutely aware of the fact that responsible Parliaments use this arsenal only with a view to checking on executive misconduct, or its effect, especially if the official`s unbecoming behavior subverts the structure of government or undermines the integrity of the office or the Constitution itself. In other words a vote of no confidence is only used if there is sufficient proof that a government official is behaving in a manner grossly incompatible with the proper function and purpose of the office. Secondly, it can also come in handy if such an official employs the power of his or her office for an improper purpose or for personal gain. In Kenya such a threshold is seemingly non-existent. It may well be that a section of the political divide may invoke this power simply because they do not like one`s nose. This lacuna may seriously undermine the integrity of the office of the PM. Article 4(b) of the National Accord and Reconciliation Act, 2008, states that “the office of the Prime Minister shall become vacant if the National Assembly passes a resolution which is supported by a majority of all the members of the National Assembly, excluding the ex-officio members, and of which not less than seven days notice has been given, declaring that the National Assembly has no confidence in the Prime Minister.” From the foregoing it is apparent that the grounds for the vote of no confidence are conspicuously missing hence leaving this crude weapon to become a matter of political expediency. Unfortunately, I can only compare the above scenario to that of monkey holding a loaded gun. In my view, the Prime Minister is simply supervising the implementation of the new constitution as per its letter and spirit. It is his constitutional duty to reject any underhand deals that may jeopardize cohesiveness in our diverse ethnic society. I thought that it would have been the failure on his part not to jealously guard the new constitution against desecration that would have engendered a vote of no confidence against him and not the other way round. Moving a vote of no confidence against the PM based on seeming realities constructed on pure lies will most certainly prove counter-productive. In any case, those bent on exploiting this provision must know that the Judiciary, the Constitution Implementation Commission (CIC), the LSK, civil society and the public at large have all declared the nomination exercise unconstitutional. Thus, if parliament wanted to badly move a censure motion it is the President and not the PM who should be the victim of such a censure. At this juncture, it is important to remind those legislators deluding themselves that in the event of a vote of no confidence against the PM, the president can then move forth to form a Government of National Unity and continue to govern as though nothing happened. Such a move would be tantamount to formation of a government through a serious fraud since we have not forgotten the fact that there was no clear winner in the 2007 presidential elections. Furthermore such an illegality is likely to further heighten the tensions in the country. Lastly our legislators must know that the reason why the country at large is protesting these unilateral nominations is because they do not pass the credibility test to warrant the Kenya Government to convince the UN Security Council for either a referral or deferral of the ICC cases against the six Kenyans. I therefore implore legislators to allow reason to prevail. TOME FRANCIS, BUMULA.

CUMULATIVE IMPROVEMENTS SALIENT CAVEAT FOR ASSESSING SCHOOLS` PERFORMANCE.

Education experts do not agree on much in education, but there is one point on which they agree: having an effective teacher is the single most important school ingredient to a child's learning success. But the problem again lies in the identification of the specific benchmarks used in the selection such effective teachers. The government has over time relied on the often deceptive summative national examination results in determining and rewarding teachers whose students post impressive scores in the examinable subjects. The Ministry of basic Education and TSC has promoted such teachers to higher job groups while those in low socio-economic schools (most of which are in rural and hardship areas) lag in promotions because their schools fail to post impressive scores in the same examinations. However, over the years it has become increasingly clear that stakeholders in the basic education sector are not in agreement as to what factors determine the competence of effective teachers or how effective teaching can be evaluated and given recognition. In my opinion, a teacher`s competence must be measured based on three distinct aspects of students` achievement. These include: current levels of the students` performance, students` improvements over time, and achievement equity where students` results are weighted against schools` socio-economic status. Over time it has become crystal clear that the so called “best performing schools” fair badly on these caveat. A more thorough reading of the results presented in such National summative examinations provides a more nuanced perspective on the educational condition of the nation. For example, teachers in national schools have always been ranked as effective basing on the fact that their schools are ranked first in the summative national examinations, however, the same schools will rank poorly in terms of cumulative improvements in the four year period since KCPE. When using this new format, it will for instance be unsurprising that despite average or below-average current achievement in summative national examination, a village school in a hardship area like central Pokot is likely to be ranked among the top performing schools nationally as a result of very strong improvements on students` entry behavior in the four years. It is therefore incumbent upon the government and TSC to credit a teacher handling such students. This is because the teacher is effective in content delivery and is in fact also effective in terms of maximizing on the limited resources available to add value to students` entry behavior within a four year period. I therefore commend the Head teachers who in their just concluded conference in Mombasa identified this caveat as particularly salient for quality assessment in schools` performance. It has made the public to realize the fact that national schools (most of which are blessed with abundant resources) do not necessarily outperform the so called village schools/third world schools. TOME FRANCIS, BUMULA. http://twitter.com/tomefrancis

PROTECT TEACHERS FROM FAITH BASED DISCRIMINATION.

In Kenya most secondary schools are nondenominational and are supported by parents and partly funded by the government. The government also funds faith based schools that meet certain standards. Part of the government funding to faith based schools includes the provision of state employed teachers. However, many of these teachers continue to remain uniquely vulnerable to religious discrimination. This is because there have been numerous instances where majority of the so called sponsors/management in the state funded faith schools have indirectly or otherwise discriminated on the basis of religion in hiring decisions. If for instance, TSC allots an employment opportunity to such a school, and the school`s BoG decides to rate religious devotion higher than numerical felicity when appointing a math teacher, then there is nothing in the law that can stop them. Secondly, if a TSC employed teacher is unfortunate enough to be transferred to such a state funded faith school despite his or her beliefs, his or her problems may just have started. This is because, such school boards can decide levels of promotion on the basis of the beliefs of such a teacher, meaning that there can be a de facto ban on senior posts if he or she is of the "wrong" faith. Thirdly, sometimes such BoGs can influence a teacher to be dismissed for conduct which is “incompatible” with the school's faith. Here, it is up to the BoG of such a school to define the "precepts" of the school's religion and what forms of conduct are incompatible with it. In this context, one is left wondering just what forms of conduct could be considered cause for reprimand, interdiction or even suspension by TSC. It will perhaps not be unsurprising to hear that a teacher was interdicted and suspended from service without pay for a couple of months or even dismissed and removed from the roll of teachers simply because such a teacher refused to take students to a Sunday Service or that a teacher failed to turn up for remedial teaching on a Saturday irrespective of whether such a teacher is obliged to observe it as his or her Sabbath. I have even heard of instances where a teacher was charged with insubordination for refusing to participate in a compulsory praise and worship session in school! In many instances, TSC has always taken the agent`s words as the gospel truth irrespective of whether their actions or inactions are contrary to the TSC Code of Regulations and the code of conduct and ethics. Unfortunately, TSC has made no coherent or principled defense of this situation. It is time that TSC protected teachers against any form of religious discrimination. TOME FRANCIS, BUMULA. http://twitter.com/tomefrancis

INTERNSHIP: THE GAMBIT TO DENY TEACHERS PERMANENT AND PENSIONABLE EMPLOYMENT.

Nations the world over recognize the intricate connections between stable government, economic growth and effective schooling and are making basic education a national priority. They have made it their foremost preoccupation to examine strategies to use in unlocking the full potential of the teaching profession through policies that focus on accountability for quality and results, incentives to attract and keep high-quality teachers and building capacity for effective teaching. However, it is sad that the Kenya government is intent with the continuation of its scheming and lackadaisical stance on this very national lifeline. The net effect of the government`s haughtiness has been that the turnover of teachers has been extremely high. If truth be told, the government is, to say the least, disinterested in embracing a more respectful culture as a means to attracting more teaching talent in our schools. Instead, it is hell bent on employing a masterly misdemeanor with a view to tackling this intractable problem in the most unprofessional way. It wants the role of employing and paying teachers exercised by schools` BoG`s and PTA`s. Yet doing so will be folly, sham and deceptively dangerous to the growth of the teaching profession in this country. It must be made crystal clear that the issue here is not whether “internship” under the terms of the various school boards will address in a jiffy the shortages prevalent in schools countrywide but whether this mode of employment will have an awful side effect on the teaching profession; the truth is that such a move will permanently denigrate the teaching profession. If the idea that a qualified teacher has to work as an intern before being formally employed then why not let the internship be exercised under the terms and conditions of TSC and not the schools` BoG`s or PTA`s. This is because TSC will find it extremely difficult to take corrective measures against the interns who engage in unethical practices. Moreover, the period in which one has to serve as an intern prior to being formally employed by TSC must also be spelt out so that internship is not used as a gambit to deny teachers the right to be employed under permanent and pensionable terms. If internship is meant to deny teachers the right to secure employment, then it would seem that professionalism is the least of the government`s concerns. It will be unsurprising if the government goes to the extent of contracting teachers who never should be contracted in the first place for the simple reason that bodies are needed in the classroom. In the long run this cheap, unprofessional and inexperienced labor force will turn out to be detrimental to the citizenry of this country. TOME FRANCIS, BUMULA. http://twitter.com/tomefrancis

MACHAGE`S SARDONIC TREATMENT OF POLITICS BRINGS OUT HIS INNER PRIMAL SELF.

The most glaring and outrageous comedy titled “The No Rhapsody” is now showing countrywide. In this show, one Wilfred Machage is depicted as a mean, ill-tempered character whose heart burns with rage and who in the frenzy of igniting his audience often veers off into tangents and asides while hoping to be applauded for his apparent audacity and bravado. His sardonic treatment of politics, helps bring out his inner, primal self, stripped of its civilized veneer. You will see him superbly rave as his eye balls gyrate in different directions. Being a gallant Kuria warrior he always carries with him a very lethal arsenal-his mouth. Be sure to be treated to his armor-clad syllables that hurtle and rattle out of both sides of his mouth in quick succession. As he deftly caresses his mane in a somewhat philosophical stance, and as his chest heaves, gigantic are the words he hurls at his perceived political enemies. You are left with little doubt that this man can hew epithets out of stone. I must quickly admit that for a man who is accustomed to using his heart more than his head, I am insensible to his condescension. He comes out as one who does not regard patriotism, duty to God and country, or allegiance to noble principles as worthy goals. In his estimation society provides a shallow and often evil structure for living. At this juncture one is left with the impression that his opposition to the draft constitution is just but a revolt against the ignominy of his meteoric rise to a ministerial portfolio only to be demoted as fast as the promotion came. The absurdities and the crudities in which Machage indulges are almost unlimited. At one time, he rants that “his people”, must evict the Luos all the way to Awendo and that the Gikuyu have to be evicted from Rift Valley while the Maasai have to take over Nairobi if the draft constitution passes. And when the law takes its course he instantly cries foul. What Machage fails to understand is that it would be a manifest absurdity for him to say that his liberty was abridged for being punished for doing that which he never had a liberty to do in the first place. But perhaps the most comical of it all is when he throws tantrums at the two principals. He waxes lyrical that Kibaki and Raila must resign if the “NO” vote wins the day. Really? Shouldn`t Machage think for once that parliament overwhelmingly passed the draft constitution in its current form. Any failure in the passage of the draft at the plebiscite would therefore mean that Kenyans have no confidence (not in the President or the Prime Minister) but in parliament and therefore, it is parliament that must be dissolved and fresh elections held under the current constitution. By the end of the show, I have no doubt whatsoever that the audience is thoroughly desensitized to Machage`s indifference and insipidness. This show reminds the audience of how far our day-to-day world of politics is from the idealization of comedy. TOME FRANCIS, BUMULA. http://twitter.com/tomefrancis

FREEDOM OF SPEECH HAS LIMITATIONS.

Is the regulation of hateful statements and publications consistent with the guarantee of free speech? This is the deceptively frightening question that those against the regulation of hate speech are posing. We have heard them opine that it is unconstitutional for the National Cohesion and Integration Commission (NCIC), to bar them from peddling dangerous falsehoods. However, I beg to differ on the grounds that freedom of speech the world over is only guaranteed to the extent that it does not constitute uttering or publishing of false, scandalous, and malicious writings against a legitimately elected government or a section of its people. In the realization that completely unrestricted freedom of expression leads to infringement on the rights of others, the Kenyan parliament in its wisdom (and in the very presence of those who are belatedly crying foul) found it absolutely necessary to come up with the NCIC whose mandate includes but is not limited to the regulation of hate -filled statements. Then, this piece of legislation was hailed as very sound considering the harrowing experience of the post 2007 presidential election. Today, this piece of legislation is being trashed by the very people who mid-wifed it. How chilling is it that in this fragile existence, some people find it gratifying to incite us into destroying one another? How is it that an elected leader in the pretext of interpreting an item in the draft constitution should be so callous as to deliver a speech dripping with sarcasm and hate of fellow citizens? How come that such hatred is sandwiched in bombs? Are those opposed to the regulation of hate speech telling us that our right to a peaceful co-existence is simply an accumulated wrong? Since when did the right to oppose the current draft constitution become a carte blanche to purvey poisonous hate? It must be known that hate mongers and hate groups do not represent nor speak for any section of the people of Kenya. They do so to protect their own selfish interests. Any reluctance on the part of the government to bring the architects of hate speech book will be akin to the government restricting our desire for a peaceful coexistence to the whims of powerful cabal. With every hate speech uttered, the architects of hate speech seek to make Kenyans cow in fear and retreat from the referendum. I beseech all and sundry not to be deceived by their pretenses to piety. We have seen their kind before. They are the heirs of darkness who have abandoned every value except the will to power—they follow in the path of fascism and totalitarianism. And they will follow that path all the way, to where it ends: in history’s unmarked grave of discarded lies. To further underscore the limitation to free speech, allow me to employ the analogy of a madman. You see, it is said that it is only a madman who knows the sweetness in his madness. He therefore has all the rights to enjoy the sweetness in his madness to the fullest. However, the state must ensure that in the process of enjoying this sweetness, the madman does not infringe upon the rights of the citizenry. TOME FRANCIS, BUMULA. http://twitter.com/tomefrancis

TEACHING AS A CAREER HAS HIT AN ALL TIME LOW.

The shortage of teachers in the country is threatening to get worse due to natural attrition and other related causes. The Teachers Service Commission (TSC) says that each district in Kenya loses a considerable number of teachers with many others being incapacitated due to HIV/AIDS. Still, many more teachers are exiting the teaching profession and opting for greener pastures. The situation has become worse to the extent that TSC has resorted to stop teachers from applying for study leave as a way of retaining them in classrooms. Considering that the number of students attending Kenyan schools is projected to increase in tandem with the increase in the general population it is inevitable that that by 2015 the country will have to content with an unusually large demand for new teachers. But the problem will still be in getting these teachers since teaching in this country is traditionally one of the lowest-paying jobs. A visit to most teacher training institutions indicates that teaching as a career has hit an all time low. Ironically, there appears to be no commitment on the part of the government to give this profession a positive image. From a practicality standpoint, policy makers need to put themselves in the position of these newly qualified teachers. Will they want to spend their entire career teaching in an environment that saps a lot of their energies but which offers very little pay with no social mobility at all? My guess would be that very few of these qualified teachers are going to opt for the teaching job. Even as desperation is quickly setting in, all that the government is preoccupied with is micro-managing schools through an overloaded curriculum and testing mandates without realizing that schooling will continue to fair badly where there is inadequate investment meant for the improvement of this very important human capital. In virtually all public schools across the country many teachers have had to confront such problems as overcrowded classrooms, inadequate or dilapidated facilities, students suffering from malnutrition and other manifestations of poverty, poor parenting, increased drug and substance abuse among students and inadequate funding for education. The worst of all is the fact that the teaching profession is bedeviled with poor teacher recruitment efforts and poor administrative practices that typically saddle teachers with the most challenging and demanding tasks. To overcome the above problems the government must first adequately remunerate teachers well to make the teaching profession appealing to newly qualified teachers. The government must also ensure that it pays teachers a lot more in order to attract them to unfavorable parts of this country. TOME FRANCIS, BUMULA. http://twitter.com/tomefrancis