JUST WHO WILL SAVE KENYA FROM THESE NAPOLEONS OF CORRUPTION?

Dear Sir/Madam, T S Elliot, a 1948 Nobel Prize winner in Literature wrote a poem titled “Macavity –The Mystery cat.” Macavity was described as having a hidden paw, having the movement of a snake and a criminal who used his intellect to defy the law. He was bafflement to Scotland Yard and caused constant despair to the Flying Squad; for when they reached the scene of the crime, Macavity was simply not there. This was suavity and deceitfulness par excellence. He always had an alibi and spared one or two more alibis just in case they came in handy. He was outwardly respectable in spite of being a Napoleon of corruption, the crème de la crème. It was therefore not surprising that his footsteps could not be found in any file of the Scotland Yard. Today, the fictitious Macavity has acquired life. He is alive and kicking in Kenya. He is not one. There are many. The edacious Macavity are more emboldened in the perpetuation of noxious graft as they are equipped with impunity. They are often surrounded with the exquisite Harvard legalese. They are not in the same league with the pusillanimous. They are true master minds of crime, the fat cats who supervise the pillaging of public coffers on grand scales. You have heard the ravenous Macavity spin legal webs in defense of the well executed schemes that led to loss of billions of shillings in the Golden Berg, Anglo leasing, Grand Regency and the porous Kenya Pipeline Company (KPC). You recently heard of him in the ministry of Youth Affairs, Ministry of water, you have seen him in the Ministry of basic Education (remember the 109 million in a mysterious account?) And now he has surfaced in the Ministry of finance; in the infamous Passat deal. And the list goes on ad infinitum. It is rumored that all the voracious cats whose wicked deeds are widely known are nothing more than agents of these Napoleons of crime. Are we not almost certain that when the pilferage has taken place blame for the scandal is always heaped on junior officers? When the subordinates are nabbed, which isn't often, there is no evidence linking the crimes to the masters. The master mind of crime is the mysterious "Macavity” who plans the crimes that lesser criminals execute. With alacrity unmatched, these master minds in cahoots with senior officers have methodically sealed all the possible avenues for the unraveling of the scandals. Their rendition always almost made us believe that there was no iota of evidence to warrant prosecutions. Of course you and I were so sure that the Ministerial statements read in parliament in the wake of the scandals were as clear as mud. Just who will save Kenya from the litany of grand scams; from the avaricious clutches of these napoleons of corruption? TOME FRANCIS, BUMULA.

EXAM CHEATING: KENYA IS AN EXAM CRAZY COUNTRY.

Dear Sir/Madam, Kenya is an “exam crazy country” to be precise. Everything seems to revolve around exams. At a summative level, these exams are highly competitive as they are highly relied upon to measure learners’ achievement. They provide a final judgment of who goes where and gets what educationally, occupationally and promotion wise. This has made excelling in summative school exams a fierce survival of the fittest battle. Students and teachers go to extraordinary strengths trying to make sure they excel in these exams. They have no choice. Performance, apart from being largely dependent on the amount of knowledge a student brings to the exam, is also greatly influenced by how the student is able to manage and confront its challenges. Difficult exam items, memory let downs, fluctuations in motivational and attention levels, mental fatigue and lack of understanding of specific test items may impede performance. It is against this backdrop that many school administrators resort to uncanny methods that will see them be regarded as the crème de la crème. Cheating comes in handy. That is why irrefutable reports by some sections of the Kenyan media of rampant cheating in this year`s KCSE do not come as a surprise. This is in spite of the constant assurances by the Kenya National Examination Council (KNEC) that the genie of examination cheating had finally been put back in the bottle. Because of the fear of reprisals from their schools, TSC and KNEC honest classroom teachers will opt to remain silent even though they are fully aware of the prevalence of such malpractices in their schools. Indeed, many schools have accessed the national examination papers at least two hours before candidates sit for that exam. Most of the papers affected are those done in the afternoon. Unlike previously where officers manning the strong rooms in the police stations were compromised, it is now the supervisors in the examination centers colluding with school administrators to open these exams between two to eight hours before the scheduled time and allow their most trusted teachers and students’ humble time to reproduce answers. Schools` administrators collude with corrupt KNEC officials to obtain substitute polythene envelopes in which the exam papers are packed in. They thus in cahoots with dishonest supervisors open the envelopes, take an exam paper, destroy the original envelope and re-pack the remaining papers in the substitute envelope and then reseal it. This is just but one of the many loopholes that have seriously dented KNEC`s credibility. I have previously argued that cheating stretches all the way to the time that the setting of the examination takes place. This is because KNEC relies heavily on teachers from select schools to provide it with examination data bank for various examinable disciplines. Coincidentally, schools privileged to have examination setters in particular subjects perform quite well in the same subjects. Much as one may argue that the excellent performance is a reflection of the competencies of such examination setters, it is also probable that such unscrupulous setters may collude to expose their students to replicas of prospective national exams. There are also insinuations that unethical senior officers from KNEC establish call centres to mint money from desperate school administrators. In lieu of the above concerns, it is doubtable whether KNEC`s policy not administer examinations beyond 2pm will significantly minimize cheating. The way forward is for the Ministry and KNEC to device water tight measures both in examination setting and administration. Most importantly is for the ministry to review the policy of using a single examination in a four year period to measure performance. TOME FRANCIS, BUMULA.

BY KAWIVE WAMBUA:This constitution review: How not to lose it

Thursday, October 29, 2009 The Constitution of Kenya Review Act 2008 created a Committee of Experts (CoE) as a key organ in the review process. The CoE, though not expressly mandated, was expected to exhaustively consult with all stakeholders and get views on the process and content of the constitution before the production of a draft. The spirit of the law also required them to conduct civic education every step of the way. So far, the CoE has abandoned civic education (and opts to stick to the 30 day expressly provided for in the law) and has made a joke of consultations. In so doing, the CoE has consolidated negativity against it from the political class, the civil society and the religious sector. BUT IT MUST BE SEEN THAT THE CoE CAN ARGUE, CORRECTLY, THAT IT ACTED WITHIN THE LAW! There is therefore a great possibility that when the bill is published, even as we wait for parliament to debate it, there will be alot of negative publicity about it and this may lead to the formenting of attitude against the bill. We ask that all campaign for a Yes-Yes referendum (even if this means changing the law) and this means as follows: We have two otherwise identical drafts; * One espousing the Presidential system of Government * The other the Parliamentary system of Government Voters then will vote YES for the one they want to have. If one voter choses one, (s)he votes YES. If another voter choses the other, (s)he votes YES - hence the YES-YES referendum! Of course there are arguments against this: who said this is the single most critical issue? Can we mix an issue referendum with the constitutional referendum? Where has this ever happened before? etc etc But let the truth be told... IF WE GO TO THE REFERENDUM WITH A YES/NO VOTE ON A SINGLE DRAFT, IT WILL MEAN THAT A NO! VOTE FOR THE PROPOSED DRAFT IS A YES! VOTE FOR THE PRESENT CONSTITUTION The least we can bargain for (God forbid!) is having the contentious issues removed from the draft to be taken for the referendum (and passed later after further consultations) Kenyans must have a new framework. Let not the rotten pieces be put in the same pot with the clean and healthy others. SO GOD HELP KENYA! Positions 1. A new constitution is overdue; we can not afford another failure 2. Politicians want a Yes/no referendum so as to shoot down the process ...actually politicians want a YES/NO referendum so that they can plan 2012 3. We have to safeguard the gains we have made so far in the 2 decades of advocacy 4. CoE has not consulted enough and has consolidated negativity against its action 5. We must get it right this time; we have been at it for 2 decades ................................................................... ........... ........... My ten cents worth Kawive, Executive Secretary Constitution & Reform Education Consortium - CRECO P.O Box 2231-00200 Nairobi Office Location: Matumbato Rd, Upperhill Tel +254 020 2714762/63; Fax +254 020 2714763 Wireless 020 3590735; Mobile 0722 209779 Email kawivew@crecokenya.org website www.crecokenya.org A JUST SOCIETY

NYC:Constitutionalism and Good Governance

Topic for Discussion: Constitutionalism and Good Governance Venue: ACK Diocese Hall - Nakuru Date: Tuesday, 3rd November 2009 Time: 2.00PM - 4.00PM The Government of Kenya has appointed a Committee of Experts to identify contentious issues in the Constitution review process, develop consensus and make proposals for a new draft Constitution for Kenya. Inevitably this is a political process due to the various interests that musts be considered for the draft Constitution to gain wide spread support. It is also a legal process that will either determine the new laws to be established in order to conform with the Constitution or “constitutionalize” existing laws. Youth organizations made submissions made to the Committee of Experts on contentious issues as seen by young people and suggestions on how to address them. In July 2009, several young people from around the country convened in Nairobi to discuss the various submission and made attempts to build consensus. At the end of the meeting it was clear that there remained several issues on which consensus needed to be developed. This remains the challenge for the Committee of Experts. As young people, some who have been part of the constitutional review processes through the years, and others for whom it seems “new there are questions we must ask as responsible citizens to ensure quality contribution towards building consensus in the constitutional reform process. · What are the key things we should ask ourselves as we prepare for a new constitutional dispensation? · What spirit do we wish for the Constitution to have? · What are our basic minimums as young people for a “suitable” constitution? · What basic principles we should consider as we undergo the constitutional reform process? · What is our contribution as young people to the reform process? On Tuesday 3rd November 2009, there will be a meeting at the ACK Diocese Hall in Nakuru to deliberate on these matters from 2 – 4 p.m. Please pass on this invitations to your networks and friends in Nakuru. All are welcome! Emmanuel Dennis -- .......... Emmanuel Dennis Ngongo National Youth Convention (NYC) P.O. Box 8799 - 00200 Nairobi Kenya Cell: +254 722619005 http://emmanuel- ed.blogspot. com/ Twitter: http://twitter. com/Emmanueldenn is www.nyckenya. org

We Are Ready To Lead: Partnership For Change Statement On The Liberation Of Kenya By The Citizens Of The Republic Of Kenya. Issued At Nairobi 29th Oct

Oct 29th, 2009 by Mars Group Kenya WE ARE READY TO LEAD: PARTNERSHIP FOR CHANGE STATEMENT ON THE LIBERATION OF KENYA BY THE CITIZENS OF THE REPUBLIC OF KENYA. Issued at Nairobi 29th October 2009 “ So as we approach our first anniversary on 5th November 2009, The Partnership for Change wants to declare to our leaders, that we are now ready to take you on. There are many of us who can lead, many who are not corrupt, many who have integrity and that you our leaders have nothing to offer Kenyans. Your time is up. You are finished! ” THE NATIONAL ACCORD REFORMS AND THE REAL DANGERS OF A NEGOTIATED SURRENDER Conciliation, Compromise, and Negotiations When faced with the shocking violence that Kenyans saw at the beginning of 2008 after the botched election of December 2007, some Kenyans lapsed into passive submission. Others, seeing no prospect of achieving democracy, concluded they must come to terms with the apparently permanent culture of impunity, hoping that through "conciliation," "compromise," and "negotiations" they might be able to salvage some positive elements and end the brutalities on Kenyans that were at the time happening on an hour to hour basis. On the surface, lacking realistic options, there was appeal in that line of thinking. Undemocratic option of a negotiated agreement And so, came the National Accord of February 28th 2008, a pact signed by Mwai Kibaki and Raila Odinga the two principals and witnessed by millions of Kenyans on national television. Kenyans accepted this undemocratic option of a negotiated agreement, temporarily waiving their Constitutional right to a democratically elected Government, reasoning that -Why is it necessary to go the violence route? Couldn’t everyone just be reasonable and find ways to talk, to negotiate the way to a gradual end of impunity? Couldn’t Kenyans appeal to Kibaki and Odinga’ sense of common humanity and convince them to reduce their domination bit by bit, and perhaps finally to give way completely to the establishment of a democracy? "win-win" solution It is now argued that the truth is not all on one side. Perhaps Kenyans misunderstood the two Principals, who said they acted from good motives in difficult circumstances? Or perhaps some may think, the principals would have gladly removed themselves from the difficult situation facing the country if only they were given some encouragement and enticements. But, the truth as may be argued is that the two Principals were offered a "win-win" solution, in which everyone gains something. The risks and pain of further struggle was unnecessary, it may be argued, if the Kenyan people were willing to settle the post election conflict peacefully by negotiations which were assisted by skilled panel of African Imminent personalities and the International Community. The negotiated Agreement is yet to be implemented Now, two years after the signing of the National Accord, The negotiated Agreement is yet to be implemented. The offer by the two Principals of "peace" through negotiations with the people of Kenya was, of course, rather disingenuous. The violence could have been ended immediately by the Mwai Kibaki and Raila Odinga themselves, if only they wanted to stop waging war on their own people. They could have at their own initiative with out any bargaining restored respect for human dignity and rights, allowed the population to protest, halted police brutality, stopped the rape of women, and apologize to the people. They would have most certainly ensured that all Kenyans were registered to vote. Kenyans should be wary of the traps that may be deliberately built into a negotiation process by politicians. The call for the National Accord, when basic issues of political liberties were involved may have been an effort by the politicians to induce Kenyans to surrender peacefully while the violence by the Grand Coalition Government continued. On some basic issues such as civil liberties, there should be no compromise When the issues at stake are fundamental, affecting democratic principles, issues of human freedom, or the whole future development of Kenya, negotiations do not provide a way of reaching a mutually satisfactory solution. On some basic issues such as civil liberties, there should be no compromise. Only a shift in power relations in favor of the Citizens of Kenya can adequately safeguard the basic issues at stake. Such a shift will occur through struggle, not negotiations such as the National Accord. Negotiations are not a realistic way to remove a strong culture of Impunity This is not to say that negotiations ought never to be used. The point here is that negotiations are not a realistic way to remove a strong culture of Impunity in the absence of a powerful democratic opposition by the Citizens of Kenya. The two Principals- Mwai Kibaki and Raila Odinga are operating in a culture of Impunity where they, feel secure in their position and may refuse to implement the negotiated National Accord Agreement. Indeed we argue that Kibaki and Odinga have failed to deliver on the National Accord reforms. Whatever promises offered by Mwai Kibaki and Raila Odinga in the National Accord Agreement, and however much time we give them, no one should ever forget that Mwai Kibaki and Raila Odinga may promise anything to secure submission from people of Kenya, and then brazenly violate that same agreement. "For the tyrant has the power to inflict only that which we lack the strength to resist," WE WANT NON VIOLENT DEMOCRATIC SOLUTIONS TO KENYA’S PROBLEMS. Kenya is a multi party Democracy! We elect our leaders through a democratic dispensation through the ballot. The people of Kenya give their government its right to govern. The way in which this right is obtained is important. If there is any doubt about the legitimacy of the process, then people can question this authority. Free and fair elections are of great importance wherever leaders seek to legitimise their power through the electoral process. An illegitimate electoral process can lead to a lack of accountability and therefore a climate of corruption, Impunity and lack of interest in governing justly. long-term historical and societal injustices Kenyans are vigorously debating age old questions related to justice and forgiveness, because Kenyans after the last General Election experienced the grossest violations of human rights and incidences of grand corruption since our Nation’s Independence on December 12th 1963. Since February 28th 2008 we have had a Grand Coalition Government whose sole mandate was to address long-term historical and societal injustices in Kenya and to enquire into these grievances to identify and punish the perpetrators so that never again can such violations or corruption occur with impunity. democratic and accountable state. Kenyans are weary those inquiries into real crimes have led nowhere and that the perpetrators enjoy freedom from justice because of their high political and social connections in Kenya. The Partnership for Change is completely opposed to impunity of any sort, and decided to mobilize Kenyans to insist on the Rule of Law by which criminal behaviour will be punished regardless of the social status of the criminal. The chosen method of struggle against impunity is non-violent resistance and actions to educate Kenyans of their constitutional and human rights, and ultimately to create a democratic and accountable state. Nonviolent resistance In recent years various dictatorships around the world have collapsed or stumbled when confronted by defiant, mobilized people. Often seen as firmly entrenched and impregnable, some of these dictatorships proved unable to withstand the concerted political, economic, and social defiance of the people. The Partnership for Change has been mobilizing Kenyans since 5th November 2008 and has grown into a large peoples non violent movement for Change. Nonviolent resistance will further the movement toward democratization. The Partnership for change deals with problems affecting Kenya including poverty, crime, bureaucratic inefficiency, environmental destruction and impunity which are the legacy of the brutal regimes we have had since Independence. The Partnership for Change intends to lift the suffering of the victims of oppression, and open the way for the rebuilding Kenya with greater political democracy, personal liberties, and social justice. Culture of impunity runs deep Unfortunately, for Kenya, though we have since 1992 chosen the path of plural democracy and constitutionalism, the past is still with us. The culture of impunity runs deep, and Kenyans having experienced decades of oppression have developed a culture of unquestioning submission to authority figures and politicians. The social, political, economic, and even religious institutions of the society - outside of state control - have been deliberately weakened, subordinated, or even replaced by new regimented institutions used by the state to control the society. The Kenyan population has over time been atomized (turned into a mass of isolated individuals) who are unable to work together to achieve freedom, to confide in each other, or even to do much of anything at their own initiative. The result of this process is predictable: the Kenyan population becomes weak, lacks self confidence, and is incapable of resistance. Kenyans are often too frightened to share their hatred of impunity and their hunger for freedom and accountability even with family and friends. Kenyans are often too terrified to think seriously of public resistance. In any case, what would be the use? Instead, Kenyans face suffering and poverty without purpose and a future without hope. In the past, some Kenyans have attempted resistance. Short lived protests and demonstrations by Civil Society have occurred and crushed by the Government. Perhaps spirits soared temporarily. At other times, individuals and small groups have conducted brave but impotent gestures, asserting some principle or simply their defiance. However noble the motives, such past acts of resistance have been insufficient to overcome the Kenyan Citizens’ fear and habit of obedience, a necessary prerequisite to destroy the culture of Impunity. Sadly, these acts have brought arrests and harassment of Partnership for change agents by the Kenya police, a multitude of unconstitutional cases with huge financial implications in bail funds, but not victories or even hope. Ending impunity and restoring democratic accountability. The culture of impunity thrives in Kenya because of the inequitable internal power distribution. The population is too weak to cause the Government and politicians any real problems. Wealth and power are concentrated in too few hands. The Partnership for Change wants to help Kenyans to change the situation for the better by teaching Kenyans non-violent methods to demand the end of impunity and restoration of democratic accountability. The Partnership for Change is * strengthening the oppressed Kenyan population themselves in their determination, self-confidence, and resistance skills; * strengthening the independent social groups and institutions of the oppressed Kenyan people; * creating a powerful internal resistance force; and * Skilfully implementing a wise grand strategic plan for the liberation of Kenya. Against a strong self-reliant force, given wise strategy, disciplined and courageous action, and genuine strength, the culture of impunity will eventually crumble. Liberation from greedy, selfish leaders ultimately depends on the people’s ability to liberate themselves. The cases of successful political defiance-or nonviolent struggle for political ends indicate that the means do exist for populations to free themselves. The liberation struggle for Kenyans is a time for self-reliance and internal strengthening of the population of Kenya to demand collectively - Democratic Accountability in our Country. It is in every Kenyans’ enlightened self interest to be actively involved in the Governance of our Country. The Partnership for Change believes that Change will come to Kenya when every Individual Kenyan understands and acts in their best interest. THE PARTNERSHIP FOR CHANGE AND THE POWER OF THE PEOPLE OF KENYA Achieving a Kenya with both freedom and peace is of course no simple task. It will require great strategic skill, organization, and planning. Above all, it will require power. The Partnership for Change cannot hope to bring down Impunity and establish political freedom without the ability to apply the power of the people of Kenya effectively. But how is this possible? What kind of power can the Partnership for Change mobilize that will be sufficient to destroy Impunity and restore democratic Accountability? The answers lie in an oft ignored understanding of political power. The principle is simple. The Culture of Impunity requires the assistance of the people of Kenya, without which Politicians cannot secure and maintain their sources of political power. These sources, however, depend on acceptance of the leadership, submission and obedience by the people of Kenya. These are not guaranteed. Without availability of those sources, the Politicians’ power weakens and finally dissolves. Naturally, our greedy leaders are sensitive to actions and ideas that threaten their capacity to do as they like. The Government is therefore likely to threaten and punish those who disobey, or fail to cooperate. However, that is not the end of the story. “Totalitarian power is strong only if it does not have to be used too often. If totalitarian power must be used at all times against the entire population, it is unlikely to remain powerful for long. Since totalitarian regimes require more power for dealing with their subjects than do other types of government, such regimes stand in greater need of widespread and dependable compliance habits among their people; more than that they have to be able to count on the active support of at least significant parts of the population in case of need.” Karl W. Deutsch 1953: We are fighting back The mission of the Partnership for Change is to advance the strategic use of non-violent action in calling upon the Kenyan Citizen to demand the End of Impunity, Restore Democratic accountability and to end Dictatorship in Kenya. It is time for Change. Real and meaningful Change.- We are determined to get that Change. Yes we can! The Partnership for Change membership is the individual Kenyan citizen. Man, woman and child. We are millions of Kenyans who want change. We have great political significance. We will exert influence over the direction of our Country and we will resist the government when it impinges unjustly on our interests, activities, or purposes. We will disintegrate and weaken impunity by courageous massapplication of political defiance by us, the population – the citizens of this Republic. We are ready to take you on So as we approach our first anniversary on 5th November 2009, The Partnership for Change wants to declare to our leaders, that we are now ready to take you on. There are many of us who can lead, many who are not corrupt, many who have integrity and that you our leaders have nothing to offer Kenyans. Your time is up. You are finished! Download PDF Here Mwalimu Mati Partnership for Change Nairobi 29th October 2009

WRITTEN BY CYPRIAN NYAMWAMU :NYC LET US GET SERIOUS ON REPRESENTATION OF THE PEOPLE

When it comes to wild proposals, I see them on NYC. Are we serious in the proposals we are making or we are putting anything forward for the sake of it? The boundaries commission should wait until the COE finalizes its work. We can not have the COE adopt what the Boundaries commission wants because it is the duty of COE to offer the basis for a system of the representation of the people. The way forward is to maintain the current 210 constituencies as holding areas as Kenya goes for a Proportionate representative electoral system (PR). This is how the system shall work a) Kenya SHALL BE SEEN as one huge electoral constituency b) Each political party shall publish a list of vetted and competent Kenyans it wants Kenyans to elect to parliament as their MPs. Each of these people who shall be published by the Parties must be cleared by the KACC, the AG, and the Kenya National Commission on Human Rights as Kenyans who have not been involved in Human rights violations, are not violent, have not been involved in corruption and economic crimes scandals or have not been involved in inciting ethnic tensions or have not been involved in spreading hate language. c) Once each party lodges its Party list with the IEC, the IEC shall declare the date of the election d) Kenyans shall vote for a political party through out the country. Ballot papers shall only have a political party symbol not individuals e) Votes shall be counted and tallied at each of the nearly 27,000 polling stations and tallied nationally through an electronic system. f) Each party’s votes shall be tallied and for every 35,000 votes a political Party receives it shall win a sit in the National assembly g) Once each Party has known how many MPs it has, the party list shall be followed in the order the list was published and the IEC shall gazette all the duly elected MPs. h) Looking at which party won the highest number of votes in a certain constituency, Political parties shall be asked to post an MP to that constituency provided no MP shall be posted to her/his original electoral constituency. For instance even if Safina garners the highest number of votes in Bomachoge constituency, Cyprian Nyamwamu SHALL NOT be posted to Bomachoge as the MP. Safina shall be required to post Cyprian Nyamwamu to say Mandera Central if Safina also garners the highest number of votes there. This is important for six reasons § Ukabila and clannism shall be brought to an end since the MP who shall serve that constituency shall be impartial and level headed but also seriously held to account and to exposed to thorough scrutiny so that s/he does not misuse the resources allocated to the constituency. § to end the violence that is associated with a man or woman fighting to be the MP of a certain constituency, since all politicians shall be struggling to ensure their party wins as many Kenyan votes as possible § The voice and power of women, professionals, pastoralists, minority communities, the youth and other disadvantaged groups shall count because it is only those parties that include these categories in the Party list. This is how to end violence, voter bribery § This system will make Kenyans realize that politicians do not own Kenya but instead it is Kenyans who have the responsibility to built and belong to democratic and serious political parties. § The current curse of certain families and tycoons controlling political parties and collecting bribes from individuals by selling tickets to these rich men and women shall come to an end. § The party lists shall be vetted and approved by the Party National Conventions with the assistance of the IEC upon receiving proposals and rationalized drafts from the Party NEC. i) The balance of MPs over and above 210 shall be Members of Parliament without physical constituency but representing other national non regional constituencies such as the youth, women, workers, persons with Disabilities etc j) The election of MPs, councilors and Chairpersons and Mayors of local government authority shall be held in August of the election year while the election of the President (if under a presidential system of government) shall be held in December of the election year. k) Kenyans shall be encouraged to vote where they work and stay instead of registering and voting in their so called home constituencies because Kenya shall now be one large electoral constituency. This is important to ensure that urban areas get to elect MPs and councilors and mayors who are endorsed by the urban resident. We need to bring to an end the shameful system of imported ethnic voters from western Kenya , Central province, Nyanza and Ukambani currently in operation. We also need to end the current foolish system where urban dwellers run to their native villages to vote for MPs who never represent rural voters while the MPs who represent them in Nairobi are elected by imported voters. l) In the case of a parliamentary system of government, the Prime Minister, being the leader of the Party with majority seats in Parliament (obviously the Party that won the highest number of votes and confidence from among Kenyans) must enjoy more than 50+1 percent of the MPs in parliament failure to which, that party shall be asked to form a coalition government to ensure that the legislative business of government is executed. m) In the case of a presidential system of government, none of the MPs shall be a member of the cabinet. If the President appoints an MP to cabinet, such a Member of Parliament shall immediately resign and his or her replacement automatically picked from the Party list that was submitted to the IEC. n) Under this system, there shall be no by-election. Once a vacancy occurs in Parliament, the Party in which the vacancy occurs shall automatically fill the vacancy from the Party list supplied to the IEC. This is important to avoid acrimonious and often wasteful by elections as we know them in Kenya today. This is the system that shall serve both the current ethnic campaigners in central province as well as secure the interests of the dishonest politicians from the arid and semi arid regions. It is shameful that people who claim to be national leaders including ministers in the current illegitimate Grand coalition government can be involved in ethnic campaigns that divide the nation further instead of campaigning for more representative, more inclusive and simple system that shall promote national cohesion and diversity of representation in Parliament. To restore democracy in Kenya , we have to fundamentally transform the system of representation. Ensuring that the interests of all Kenyans are represented is the more important than the system of government. Once Kenyan fixes its system of representation as proposed here above, all the other issues including the system of devolution, land and the system of government shall be ease to fix. We have to remember at all times that democracy is about representation of interests. Cyprian Orina Nyamwamu NCEC P4C Safina.

FRIVOLOUS LITIGATIONS AND RIGHTS TALKS IMPEDING CONSERVATION EFFORTS.

Dear Sir/Madam, Seemingly “litigations” and “rights talk” have permeated the creases and wrinkles of our society so much so that even land grabbers and illegal settlers have the temerity to rush to the court of law to contest an eviction order issued by the Government. It matters less that the said eviction is informed by the cabinet`s decision to rehabilitate a water tower that has over the years been desecrated. Neither do the illegal settlers give a hoot that eviction talks have been with us for over a year now. Instead, the illegal settlers, acting with impunity continued unabated with their agricultural activities besides the wanton destruction of the Mau Complex. They now have the impertinence to order the Government to give them time ad infinitum to ostensibly harvest their crops. It becomes even more worrisome if one was to go by the intimations that behind the move to mobilize and incite councilors and the illegal settlers to seek an injunction are a cabal in Government. At this rate, it will become increasingly difficult to put the genie of impunity and grubbiness back in the bottle. As for the courts of law, one wonders why they appear to have set aside their qualms and waded in the murky waters of politics. Time and again we have witnessed the courts entertain suits aimed at challenging decisions of the executive and parliament. For instance, this year alone, the court entertained a suit filed by the then commissioners in the defunct electoral body challenging the legality of the decision of the executive and parliament to send the entire electoral body packing. Similarly, when parliament invalidated the president`s unilateral decision to reappoint top officials of KACC, the court regaled itself with litigations from some quarters. The willingness of the courts to entertain such suits serves as a pathway for judicial scrutiny of every single Government decision. This is an act that totally ignores the principle of separation of powers and is in the least, an abhorrent act to every right-minded citizen. Is it perhaps that the current constitution does not delineate the role of the judiciary properly? There is every reason that we should take up the task of setting equilibrium between the value of accountability through the court of law and the value of limiting judicial incursions on the autonomy of the Government to effectively discharge its sworn duties. In the meantime I urge all and sundry to take cognizance of the overriding interests of the larger public. The overriding public and professional opinion is that conservation of the country`s water towers is sacrosanct. It would be a vile presumption for anyone to attempt to think even for once that Kenyans will entertain politically motivated subterfuge on the rehabilitation of our water towers. TOME FRANCIS, BUMULA CONSTITUENCY.

Kenya-Venezuela Frienship, Bunge La Mwananchi social movement.

08/10/09. The 2nd Africa –South America Summit (ASA) And 3rd Cultural Festival with the people of Africa in Venezuela ,Caracas on September 20-27 , 2009 Reoprt. By Gacheke Gachihi Kenya-Venezuela Frienship, Bunge La Mwananchi social movement. ggacheke@gmail.com Phone +254720318049 The 2nd ASA summit and the III Cultural festival with the people of Africa in Caracas Venezuela this year was great historical connection of the two continents in advancing the peoples struggle and the south- south, platform. The ASA summit which was attended by a great number of head of states , from Africa and Latin America, improved from the first ASA summit that was held in Abuja Nigeria in 2006 in Africa by coming up with declarations, and commitment on concrete issues and action plan that will make the ASA platform more action oriented and deliver result as was indicated by the President of Venezuela Hugo Chavez who was the host of 2nd ASA summit in reducing ideas to action on the front of social justice in education with university of south, communication with Radio south and Talesur a television station for the south to broadcast programs from Africa and Latin America and cultural exchange festivals with the people of Africa. The Bolivarian government of Venezuela in the Summit singed agreement with, number of Africa countries in development of Energy and mines, education another agreement was also singed with UN agency of Food and Agricultural Organization (FAO) to help build irrigation infrastructure, in Africa and provide grants to train Africa students in Venezuela. The Summit also discussed the role of global south in agenda of Climate change and its implication to the people’s livelihoods in Africa and Latin America as the industrial nations continues to impose the burden of climate change to developing nations in the global south. The ASA summit also made agreement for creation of Bank of the south, to be a bank that will liberate the global south on imposed World Bank and IMF liberal economic policies that have brought the world to financial crisis. There was also an agreement to democratize the United Nation that remains controlled by few powers in the world, and make United Nation a platform and voice of the people of the world and not a club for few rich and powerful nations in the world , this concern was shared by President of south Africa Jacob Zuma who in his speech called for democratization of united Nations and Condemned the Honduras coup against President Manuel Zelaya, also calling for Obama Administration to lift economic and commercial blockade against Cuba, imposed by United States of America which is cruel and inhuman policy. The President of South Africa also pointed the historical connection of south-south cooperation that can be harnessed to mitigate the current financial crisis, he advised the Africa-South America Summit to call for fundamental reconfiguration of the global economy, for the south countries to assert its collective interests. The cultural festival with people of Africa and South America in the sideline of the ASA summit was to recognize the people of Africa and Latin –America, and Caribbean are from the same origin,they share the same struggles for self determination. The 3rd Cultural festival, By the peoples of Africa- and South America invoked great hopes and spirit, of resistance against imperialism, and economic blockades, coups against progressive government in Africa and South America, this resistance and hopes of overcoming the power of economic and political domination in the south manifested itself in rich Africa and south America Cultural performances, in form songs, dance Africa drumming by Venezuelan afro-descendants, resistance poems. Artistic expression, procession, in carcass, and visit to historical museums, that remind the struggle and resistance of black people against slavery and racism, Also in this program was visit to schools that empower the population of afro descendants, in Venezuela, and historical films and documentary about the struggle of peasants and indigenous people in Bolivia, Venezuela and Ecuador. Africa-South America Campesinos Press conference in Caracas. Photob by Gacheke Gachihi. The Cultural festival parade procession was commenced at historical Simon Bolívar square in Caracas, The minister of Africa foreign affairs, Renaildo Boliver who was accompanied by ambassadors from Africa , Who invited President of Venezuela Hugo chavez to address the parade of cultural festival and welcomed the delegations from Africa to the 2nd ASA summit in the Alo president program , Where Chavez engaged the delegation from Africa on live debate in the national television holding the map of Africa and showing where each delegation of women, students , peasants movements participating in the Cultural festival were coming from in Africa pointing Ghana , Nigeria , Benin , Gambia , Algeria , south Africa and Kenya that was presented by Maasai cultural group. . The Cultural Festival Parade ( Maasai from Kenya) In the next five days that followed the festival featured organized debates and discussion on the future engagement of the people of the south, historical resistance and struggle against imperialism,neo-colonialism neoliberal policies advanced by world Bank and IMF, and USA military bases in Africa, noted was USA bases in Colombia and United state African Command bases named Africom in Ghana and other Africa proposed Africa states , there was also commemoration of Pan-Africanist leaders who remain today as symbol of resistance against imperialism in Africa and south America , notably was Amilcar Cabral , Partrice Lumumba , Kwame Nkrumah ,Nelson Mandela , Gamal Abdel Nasser , Che Guevara , Salvador Allende, Fidel castro and Mwalimu, Julias Nyerere who was chair of south -south commission, this was followed by joint declaration by social movements from La via Campesina , women, students and cultural groups from Africa and South America., on peoples popular struggle and action plan that was be taken to advance the peoples struggle., against imperialism., and economic domination in the global south. Delegation members with Florentino workers. From Africa Ghana, Kenya and Chile and Ecuador, in south America we had an opportunity to visit various social programs project in Venezuela in the capital city Caracas at the Barrio and the other states in Venezuela, to see the social programs of the Bolivarian Revolution., the Program was organized by Ezequiel Zamora National Farmers Front (FNCEZ). At Barinas the Bolivarian Revolution government has started agrarian revolution in reclaiming land for sustainable agricultural development with organized cooperative movement and taking the land unused by big landowners for food production and the national interest of the country as the Bolivarian revolution economic principal is based on social justice, one example was Centro Technical Production Socialists named PLORENTINO , a farm of thousands acres with modern technology, for various production of agricultural products and inputs for farmers within the Barinas state that was started in 2005 with the help of the Bolivarian government , this land was idle land that was owned by oligarch of Venezuela but the government with the new Bolivarian constitution reclaimed the land which today is collective investment of peasants cooperatives and the Bolivarian state where the government provide , training and research for breeding of special milk cows within the environment machinery and technology to the peasants farmers around the Barinas state and in order for them to increase their agricultural productivity and enhance food sovereignty., One important lesson we leaned from this farm was great participation of women and youth in scientific research, of seed production and animal breeding that Africa continent can learn from., the President of the farm and representative of the peasant cooperative movement gave open invitation to Africa students, to come and acquire skill and knowledge , in the Institute. We also visited, Latin America institute of agro-ecological named after Brazilian educator Paulo Freire at Arvelo Torre alba Municipality, which was started by La Via campesina and Landless workers movement (MST) of Brazil and the Bolivarian government, the institute is to develop and defend the principals of food sovereignty of the people, and protection all native seeds of all types of farm production and putting value in peasant farming also strengthening the internal market within communities and search for new agrarian techniques, that provide high quality food production for the people and protect environment, and bio-diversity. The institutes also offer courses specialized in peasant, indigenous, and afro-descendants studies. Also train in participatory method, in integrating holistic scientific farming values that will strengthen, social movements in the country side while promoting a technology that is enriched with traditional knowledge, to defend food sovereignty against greed of capitalism. Paulo Freire institute of agro-ecological group photo. Under leadership of Ezequel Zamora National farmers Front a peasants rural based movement and Hon. Braulio Jose Alvarez who is also a national farmers organizer we visited cooperatives farmers with a joint Maize processing plant at Yaracuy state in Venezuela, where the Bolivarian government protect and promote manufacturing of foodstuffs, by small scale farmers with technology transfer from government of Iran, this processing plant is under arrangement of collective ownership with farmers cooperative movement, the maize meal flour processed in this plant is taken to the community market in a subsided price, this process help the cooperatives movements to own the means of production up to the finished product in the community market and advance right to food Maize processing plant at Yaracuy state. The 2ndAfrica -south America summit with the people of Africa in Caracas Venezuela this year inspire and challenge Africa grassroots social movements to acquire new political tools and skills that can empower liberation movements in Africa to develop and deepen theory and practice in organizing our people in the rural and urban areas, to advance social struggle in Africa, this against neo-colonial structures and neoliberal forces that keep Africa masses chained in poverty this Africa movements have to learn from resistance of social movements in Latin America, which have given birth to progressive government , in Bolivia, Ecuador, Venezuela, and Nicaragua. The peasants , and workers formation in Africa must be the backbone of this alternative leadership as class character that will shape our liberation movements, vital in this will be manifestations of our Africa resistance culture , that embodied liberation movements before in Africa which the indigenous social movements in Bolivia, Venezuela and Ecuador have utilized to ferment new resistance, which is the vanguard of resistance against imperialism and neo-liberal forces today in the global south. posted by Gacheke Gachihi of Bunge la Mwananchi Gacheke attended the above summit.

It’s ‘un-Catholic’ to trash others

By Philo Ikonya and Fwamba N.C. Fwamba DAILY NATIONOp/EdOpinion Opinion Posted Wednesday, October 21 2009 at 18:33 The article, “Catholic Church has no business endorsing the use of condoms”, (DN, October 19) that Henry Munene purported to be a reply to Okiya Okoiti Omtatah’s “Why Catholic Church should allow use of condoms in marriage” (Nation, October 13) was an example of how we stifle individuals who are not pro-status quo. Omtatah’s article dealt with the possibility of Catholic bishops reasoning out more candidly about Aids within marriage (where you often have discordant couples) and was a gentle invitation to reason, exhibiting much respect and love for the Church. He was even critical of condoms, but knows as a thinker and a believer that some people use them. In many countries, this is not a matter Catholics take the cue from bishops about. It is Africa that is worst affected by Aids where people do not question things. The clear ideas Omtatah put forward should have at the very least elicited a reply that recognises Omtatah as an individual who seems to have the courage to examine what many people would not touch, not out of being in agreement but out of fear of what others will think. We reject the attitude that other people must be criticised for their opinions. These would have killed Saul of Tarsus. Munene’s article was in bad taste as it addressed the person of Omtatah more than the ideas Omtatah holds. Why start by complaining about a person’s knowledge and saying what was so logical is illogical? Why finish by attacking Omtatah as a political activist and going on to ridicule this man’s actions politically and to imagine that he has the intention of tying himself to the gates of the Basilica? Was the writer blinded by something so that he dragged in all that he could about Omtatah’s life? Munene, since he is “confirmed” — as he refers to himself — needs to try and emulate the sober analysis of saints such as St Thomas Aquinas and the love of Mother Teresa. HE NEEDS TO LEARN THE PRACTICE of correction in order to win. The Catholic Church is replete with examples of how to differ with an opinion without insulting the image of God in the form of another person. Those aligned with the political status quo do not like Omtatah’s capacity to follow his conscience. On October 6, a lorry-load of policemen arrived outside Omtatah’s home in rural Busia. They wanted to search Omtatah’s house, but could not, because the family demanded a search warrant. There is something to recognise here. But Munene only sees an enemy, both political and religious and trashes Omtatah’s bold acts. He dismisses him and other political activists all because of misunderstood notions on the condom. Omtatah moved many of us when at a moment when our beloved Church and others had lost all moral authority and seemed to have been ripped apart by politics, he defended life by coming out and chaining himself to the gates of Vigilance House. People were being killed and there were no voices of reason being heard. Omtatah did what everyone who believes in the sanctity of all human life should have done. Anyone who acted at this time was not acting for fame. They were risking life and limb. It is sad to see that Munene is not able to respect the dignity of another who is equally enthusiastic in the defence of life; I hope that he edits physics and not the humanities. It is wrong for one to believe they have the power to crush others, and to take for granted that readers will not notice that the article Munene wrote is not a reply to what Omtatah discussed. The writers are human rights activists.

Hon. Sambili’s Move to Reinstate Umuro Wario at Kenya’s Youth Fund Should Be Lauded

The government’s decision to reinstate Mr. Umuro Wario to continue serving as the Chief Executive Officer of the Youth Enterprise Development Fund should be highly lauded. It’s a point of victory for public officers who risk their jobs by committing themselves to fight corruption. Kenya’s biggest problem with the war against corruption has always been having the corrupt have their day whenever they fight back. This has happened to so many competent people before. A number of committed and hardworking officers have often lost their jobs whenever they showed determination to fight graft. A few years back it was confirmed that in Kenya, corruption fights back. It happened to Goldenberg whistle blower David Munyakei who lost his job and died in agony after he revealed how Kenyans had lost billions of shillings through the Goldenberg scandal. The same nature of machinations worked so hard to remove true anti corruption crusaders from transparency international. It was such kind of behind the scene political games by some board members that two very competent CEO’s Mwalimu Mati and Gladwell Otieno were consecutively removed from TI Kenya. Transparency International is just one example among many where officers committed to sincerity end up losing their jobs because of the greed and immorality of some of the board members of those institutions. The minister in charge must be lauded for taking a bold action and making the truth carry its day by re appointing Mr. Wario. The minister has shown that if we all work for the truth, the just will always get justice too. The initial sacking of Mr. Wario was like condemning those who fight corruption within the institutions where they work. This is because the ground of dismissal was based on the fact that he didn’t cooperate in the approval of some questionable deals pushed by the board. He must be lauded for standing strong in the interest of Kenyan youth when he refused to approve a ‘loan’ of ksh.300million to a Canadian NGO. Its noticeable that some politically connected board members wanted to use their political influence to blackmail the CEO into approving projects that mattered to their own selfish interests and not in the interest of the Kenyan youth. It’s important that the minister was able to rescind her own earlier move of sacking the YEDF CEO after finding out the truth. As the minister appoints new board members it’s important to ensure that new faces are put on the board to make the YEDF operate without any external coercion from various political interests as it has been before. The minister should now move to ensure that the board is fully reconstituted to include people who will work in the interest of the Kenyan youth and not those who will end up arm-twisting the CEO to give’ loans’ to foreign NGOs. A new board I believe will come up with a new way of implementing the youth projects and also oversee the funding of the youth groups by merit and not through political manipulations. Wario is one of the competent young people who are emerging in providing leadership in different sectors of our economy and it’s wrong for individuals to use tribalism or any other form of bigotry to sabotage such talents. He is also is famed for having rolled out the audit of the Kenya’s free primary education when he worked for the ministry of education. I really wish that other ministers and government officials emulate the youth and sports minister Prof. Hellen Sambili and stand and support the truth always whenever circumstances of this nature arise. Through this, we shall achieve a lot in our war against nepotism and all other forms of corruption. It must be fought from all corners and sacking public officers who help fight it is not one of the methods of ridding our society of graft. FWAMBA NC FWAMBA NAIROBI +254721779445

MORE CONSTITUENCIES: IS IT A QUEST FOR FAIR REPRESENTATION OR GERRYMANDERING?

Dear Sir/Madam, The quest for fair political representation has been with us for quite some time. This arose after the realization that the British Electoral System adopted by Kenya since independence brought about glaring inequalities among the electorate. With rapid population growth; and with no clear criteria for the creation of constituencies; constituencies were created left, right and centre to favour the rabid political interests of the incumbents. Today, the fundamental question still remains the extent to which the country`s electoral system can facilitate fair representation of its competing electorate interests. As was largely expected, a section of legislators from populous regions are demanding for more constituencies to reflect a one-man-one vote formula. Behind this façade is the thinking that each MP in Kenya is to represent the same number of people. In other words they are demanding the lion’s share of the proposed constituencies. On the other hand is a section of legislators from sparsely populated regions who demand that additional constituencies must be based on one-kilometer-one-vote formula. In other words; geographical size. This means that the sparsely populated but expansive arid and semi arid regions will, using this formula, claim the largest share of the proposed constituencies. (The debate is expected to become sizzling hot when legislators from the moderately populated regions enter the fray). In my view, both arguments are extreme in nature and are far removed from fair representation as is understood from a reasonable man`s point of view. They all border on political gerrymandering. Fair representation demands for a formula that best serves the country`s national democratic aspirations while balancing the peculiarities of the country. The peculiarities to be considered include ethnic diversity, geographical size, level of economic development and civic awareness. For instance, if it were not for the ethnicization and polarization of Kenyan politics there would be no problem of creating new constituencies based on population size with minimal consideration given to other factors. As it stands now, many people will be hesitant to accept that the clamour for fair representation (whether viewed through the lenses of geographical size or population) is informed by the politics of the devolution of resources in constituencies. I tend to think that the current formula that takes into consideration the constituency`s population and its poverty index has effectively brought about the equitability in devolved resources. The real argument behind this latest move has therefore more to do with how votes cast in an election will translate into seats won by political parties and by extension how the same seats shall determine who become(s) the country`s Chief Executive(s). We all know that were this method to be adopted by the Interim Independent Boundaries Commission (IIBRC), then unholy alliances between at least two populous ethnic groups would forever ensure that whichever electoral system or a combination of electoral systems the country adopts, the top leadership in this country will almost certainly be determined by the odious ethnic driven merry- go- rounds. This is a situation that is likely to engender secession sentiments among a section of the electorate. This is because protracted conflicting ideologies over pertinent national issues coupled with greed for raw political power has historically been known as ideal conditions for secession. I doubt that this is what we want for our nation. I am convinced that with sobriety we can agree on a formula that will bring about fair representation without appearing to trample upon the inalienable rights of others. The onus lies with our political scientist as well as other think tanks to come up with the Solomonic wisdom to pull us out of this morass. TOME FRANCIS, BUMULA CONSTITUENCY.

DO NOT REDUCE A NATIONAL EVENT TO A POLITICAL PARTY`S AFFAIR.

Dear Sir/Madam, For the umpteenth time, patriotic Kenyans from all walks of life who graced this year`s Kenyatta Day were subjected to a stupendous subterfuge. This is because some snobbish Government functionaries connived to have in place a conspicuous and obstreperous brigand adorned in the habiliments of a renown political party to cheer the president`s every single word and to make mockery of those who do not subscribe to the party`s political philosophy. Unbeknown to them, their bravado, was in stark contrast with the president`s message of national bonding. I have no qualms with party stalwarts hiring some mannequins, nay puppets to help push the agenda of their party; however what is obnoxious is for these aficionados to display chimera and arouse implacable suspicion among Kenyans with different shades of political opinion on an auspicious national event. To the chagrin of those present they kept on clapping and ululating even when there was completely nothing that demanded them to do so. Probably, the master puppeteer floundered in all his moves. What is really puzzling is that previously during such functions, those draped in their political party colors were barred entry to the stadium, but in a strange twist of events, the same brigand which I suspect belongs to a certain key political party was allowed to into the stadium with a view to displaying their devotion to that party. It must be made clear to all and sundry that political party supporters are free to adorn such regalia during their party functions but not during such an important public holiday. As afore said, Kenyans are belong to different political parties and if each of them was to make his party of choice known during such national events, then be rest assured that such vivacious and auspicious occasions will inevitably be defamed. Reducing a National event to a political party`s affair is a disservice to the Kenyan populace. It is nothing more than a national opprobrium. This continued effrontery and affront to the intellect of patriotic Kenyans must be put an end with immediate effect. TOME FRANCIS, BUMULA CONSTITUENCY.

IS BROTHER ATWOLI INSTIGATING A CIVILIAN COUP IN KENYA?

Dear Sir/Madam, In an event of unprecedented import, over half a million people took to the streets of Kiev in November 2004 hoping to wrestle power from the corrupt , the Moscow backed oligarchs that had ruled the state ever since the fall of communism in 1991. And they did it. They forced the incumbent into a fresh round of elections where Yushchenko won with 52 per cent. Now, one Franco Atwoli, the undisputed leader of the umbrella of the Kenyan workers union, and who is widely travelled around the globe, and whose second home is in Geneva (by his own admission), seems to have drawn vital lessons from the Ukrainian Orange Revolution. Not that he exactly said that he wants to force the Government out of power, but his body language while addressing the public in Mombasa bespeaks volumes. He envisages a vast number of Kenyan workers, including the police force, to strike, protest, and practice a peaceful civil disobedience. In simple terms he is craving for a civilian coup. The people will have spoken. The good guys will have won. And the future will be bright. Of course with Brother Atwoli enjoying the trappings of power! But wait a minute; Brother Atwoli knows too well that Kenyan politicians are highly conscious of their power and status. They are shrewd manipulators who can sway the mob to their side anytime. They are a self-serving ruling class getting off on their own acquisitive misanthropy – rather than a political community responding obediently to our loudly expressed democratic will. They are simply averse to reforms that will deny them the much coveted trappings of power. And as for the public, they know that it is shockingly complacent! So what makes him so sure that he will succeed in pulling a fast one on the same politicians? Will he triumph where ODM failed during the botched up 2007 presidential elections? Remember ODM`s much touted two million march to state house that never materialized? It will serve him good were he to consult ODM on why they retreated. And the answer is simple. They realized that Kenya is not Ukraine. They did not want a bloody confrontation with the security forces. Neither do we want this bloody confrontation now. By the way, how will he manage to unite the extremely partisan workers vide a series of public rallies and rouse them into forcefully demanding for speedy implementation of agenda four reforms from the Government? I am also curious to know just who is financing the series of rallies that he has planned countrywide. Is it from the kitty of the giant workers union? If so, does the COTU constitution give him a carte blanche on expenditure? I also wish to remind him that there is in existence a social contract between the people and the sovereign. The sanctity of this social contract must be respected by all and sundry. Hobbes in the Leviathan, published in 1661, claimed that the first and only task of political society was to name an individual or group of individuals as sovereign. This sovereign would then have absolute power, and each citizen would owe him absolute obedience. Like Hobbes before him, Locke in his second treatise of Government, published in 1690, claimed that the social contract was permanent and irrevocable, but the legislative was only empowered to legislate for the public good. If this trust was violated, the people retained the power to replace the legislative with a new legislative. From the foregoing, and for obvious reasons, Locke did not vouch for popular intervention to be commonplace. Neither do we want it in Kenya. Even his Union mate, one Luiz Inácio Lula da Silva, His Excellency the President of Brazil won the presidency through the ballot not through civil disobedience. I understand and share Brother Atwoli`s frustrations but I also know that we have the rule of the law which must be followed to the letter. We must be circumspect about our stability as a nation. By engaging in subversive activities, we shall be committing a wrong just like some of our selfish legislators. But two wrongs do not make a right; instead we end up with a fiasco. TOME FRANCIS, BUMULA CONSTITUENCY.

MPs AND LAWYERS SOILING OUR NATIONAL FABRIC.

Dear Sir/Madam, We have witnessed a trend where all the plum jobs in the newly created reform commissions taken by lawyers. What is more mortifying still is that even after these cronyism based appointments there hasn`t been any headway in mid-wifing the essential reforms. The reform processes more than ever before remain clogged. Yet we have continued to appreciate their spotless record of failure! But it is their condescending attitude towards non lawyers that is discomforting. To them the only profession worth mentioning is law. They have increasingly behaved as if knowledge begins and ends with them. But is this true? To answer this, allow me to share with you an incident from the US. Four weeks ago it was reported in the leading newspapers in the United States of America that six senators on the judiciary committee do not have law degrees yet even seasoned lawyers were surprised at the relative ease and success with which the senators achieved in their task. Asked how they managed to effectively execute the mandate, they simply responded that it was through extensive reading. This case goes to prove beyond any reasonable doubt that one does not have to go to a law school to interpret legal matters. Now picture this: On Tuesday 11th September 2009 one renown lawyer- legislator adopted a discourteous attitude and with a peremptory tone told off an MP who had stood on a point of information whilst he was making a contribution on the floor of the house regarding the illegality of the re-appointment of retired justice Ringera and his two deputies. The lawyer legislator opined that the MP in question was unschooled in legal matters and that he was therefore unfit to inform him on any legal issue. Ironically, the lawyer MP then proceeded to harp on falsehoods discernible even to any blockhead. As expected, the speaker himself (the ruling aside), a lawyer of repute, took this scathing remark as frolicsome, had a hearty laughter and allowed the lawyer MP to rumble on. This was not only impolitic but also boorish and uncouth effrontery on fellow parliamentarians. These two contrasting incidents serve to highlight the extent our lawyers MPs and their learned friends are willing to go in killing both the spirit of reforms and legislation in this country. Unfortunately, our non- lawyer MPs like the rest of Kenyans have had to put up with such condescending attitude from the obstreperous lawyers for quite a long time. It must be clear to these lawyer MPs and their learned friends that in this age of information technology, one can easily acquaint himself with the necessary legalese. In fact, Knowledge, whether in jurisprudence or not, is from womb to tomb. Any Tom, Dick and Harry can clearly see through their cacophony. Never at any time will a lawyer admit of his/ her limitation, yet the greatest philosopher of all times, Socrates, once said, “I am the wisest man alive, for I know one thing, and that is I know nothing.” Instead, our “know all” lawyer legislators and their learned friends will always embellish lies to safeguard their selfish interests. As Aristotle succinctly reminds all and sundry, “False words are not only evil in themselves, but they infect the soul with evil.” In Kenya, the citizenry are forced to watch with abated breaths as the nation increasingly becomes a victim to the lure of these fallen seraphim. TOME FRANCIS, BUMULA.

CONSTITUTIONAL REFORMS: THE CLERGY IS GIVING KENYANS A POISONED CHALICE.

Dear Sir/Madam, Going by the recent bits and pieces from a section of the clergy it becomes abundantly clear that the most surreal aspect of our great constitutional debate is the Beltway credence given to the ravings of the seemingly apolitical and unrepentant religious blunderers. They have made it their sole business to constantly erect road blocks by way of rushing to court to emasculate us in our collective efforts to midwife a new constitutional order. And now they have the audacity to imperiously and tardily demand for minimum constitutional reforms rather than the constitutional overhaul that the country is in dire need of! If my mind serves me right the same clergy was and has been in the forefront in clamoring for a total overhaul of the constitution. And now they have seen the light, and changed from Paul to Saul. It cannot be the other way round. That is why the pulpy clergy are harping from the pulpit and in many other available forums; “No to comprehensive constitutional reforms! We want minimum constitutional reforms!” This is extremely ridiculous. I am convinced that behind this facade are certain political big wigs who are deeply anti-reformists. The question that bothers many people is why this section of the clergy continues to harbor extremely cynical views of the Kenyan electorate. Why unashamedly engage in political ping pong with the constitution making process? It is not difficult to explain their sudden change of heart. They all along hoped that by engaging in all manner of antics, they will force the Committee of Experts (CoE) into a last minute, cut-and-paste exercise that will favour their political disposition. Their collective actions and inactions are not only embarrassing them as leaders but also the church as a whole. They must be reminded that the church is not a political party that demands that all its members must take a similar political view on an issue. So whose interests are they representing? Theirs would be a lousy way to run even a chicken farm. It's an unconscionable way to run the church. But then this was not entirely unexpected since most of these clergy manage their churches just like a Stock Exchange. I would love to think that there might be someone out there who would at long last put that case loud and clear to the this pretentious lot before they get more opportunity to peddle their deeply depressing opinion. If left unchecked they will adamantly and deliberately refuse to see that failure in adopting a new constitution poses adverse monumental and multilateral effects for this country. They will continue to lay blame at the feet of the two principals and resort to using all manner of whimsical and unconventional adjectives to convey their powerful rush of emotions. They will call them “moribund and ineffective” but at the same time engage in impious antics to deny the nation that which is central to its stability. TOME FRANCIS, BUMULA CONSTITUENCY.

TEENAGE PREGNANCY AND POVERTY HAVE A POSITIVE CORRELATION.

Dear Sir/Madam, According to the latest report (2009) from the Centre for the Study of Adolescence9 (CSA), Kenya is confronted with an escalating epidemic of teenage pregnancies. In spite of the Government upping its efforts in attaining gender parity in education and in spite of the increased levels of knowledge about modern methods of contraception, rates of teenage pregnancy remain unacceptably high. Note that I deliberately use the term “epidemic” because unsafe sex results not only in unwanted pregnancies but also in HIV/AIDS, other sexually transmitted diseases not to mention the gruesome dark alley abortions that quite often lead to the death of the vulnerable teenagers. Studies carried out in Kenya (Njau and Radney, 1995) indicated that as many as 285,000 pregnancies occurred in Kenya among teenagers aged between 15 to 19 years old. That was then. Today, the figure has of course doubled. Why? Because poverty has over the years more than doubled. In other words, teenage pregnancy and poverty have a positive correlation. As poverty bites so do we see the increase in teenage pregnancies in the country. Dr. Saadhna Panday, etal, in their study titled “Teenage Pregnancy in South Africa with specific reference to school going Teenagers” (2007) found that a larger percentage of teenage pregnancy is the result of a complex set of varied and inter-connected factors that are quite often related to the environment under which teenagers grow. I cannot agree more. This is because when teenagers grow up in informal settlements and other residential settlements where poverty is deeply entrenched they will hardly resist the lure of the fallen seraphim often from the leafy suburbs. What follows is reciprocity of sex in exchange for material goods. In such instances there is absolutely no freedom for the teenager to negotiate safe sex thus the risk of pregnancy is increased. Sex education knowledge is rendered meaningless by a starving teenager who discovers that by peddling her ‘wares’ she can see the day through. Does it surprise us that teenage pregnancies are much higher in schools that are located in poor neighborhoods? Ojwang and Magwa (1991) opine that the teenager`s urge to temporarily eschew poverty initiates a trajectory of lifetime poverty. She becomes pregnant. Later, the teenager is expelled or excluded from school and will quite often lack material and social support besides the physiological harm. Furthermore, the children of teenage mothers are at greater risk of lower intellectual and academic achievement, health complications, social behavior problems and problems of self-control than are children of older mothers, primarily due to the effects of single parenthood and lower maternal education. And the vicious circle of poverty continues. Besides poverty, another predisposing factor is the mass media that has sunk to unimaginable low levels in their blind aping of westernization which is unfortunately a euphemism for moral decadence. In their book titled “Facts in Brief: Teen Sex and Pregnancy (1996), The Alan Guttmacher Institute states that teenagers are constantly bombarded left, right and centre with perversion. Talk of sex fills the airwaves; teenagers are portrayed as sex objects; and sex is used to sell everything from clothing to news. Yet we all pretend to be shocked at the rising numbers of teens who become pregnant! If we are truly concerned about the welfare of teenagers, we must move beyond the moral panic and denial. Designing effective solutions will require the thoughtful separation of fact, assumption and wishful thinking and an honest acknowledgment that concerted efforts are required in mitigating against the debilitating teenage pregnancy. What is evident though is that a magic bullet for teenage pregnancy does not exist. Given the multiple levels of predisposing factors on teenage sex and pregnancy, single intervention strategies by single sectors will not solve teenage pregnancy. What is required is a comprehensive approach that incorporates the home, the school, the community, the healthcare setting as well as change at a structural level. TOME FRANCIS, BUMULA CONSTITUENCY.

REPLACING RINGERA:LET EVERYONE GET A FAIR CHANCE

I have been following the discussions about the supposed Ringera’s replacements with keen interest. A number of people have proposed and others commented about some names that were proposed. One such name that has prominently featured in this forum and others is that of former chairman of the Kenya national commission on human rights chief Maina Kiai.i have never met Maina Kiai myself but those I have interacted with have attested that he is one of a few people in Kenya that can be trusted to hold public office. I also had a privilege to watch know his dedication in fighting for human rights through news items and writings from those who have worked with Maina Kiai to attest to the fact that Maina Kiai worked hard while at KNCHR in the interest of ordinary Kenyans especially those who could not access justice.Maina Kiai amid threats, loudly and without fear talked for such people. it goes without saying that his absence and that of Kamanda Mucheke’s is highly missed at the KNCHR.I have personally interacted with neither but I have heard from many people who have expressed this sentiment, especially in relation to the slow pace at which supposed urgent issues are addressed these days a the KNCHR since Maina Kiai left. It’s true that since he left, the performance of KNCHR on the matters of human rights is highly wanting and maybe only one or two commissioners are working in the interest of the ordinary Kenyan citizen. However I would like to humbly disagree with those who are using Maina Kiai’s fantastic performance at the Kenya national commission on human rights as bedrock for his qualification to be the director of the Kenya anti-corruption commission. This automatically beats the logic of providing equal opportunity for every Kenyan. The line of argument is so weak that it denies chance to those Kenyans who have the will and ability to serve Kenyans competently but they have never had an opportunity to prove how good they can be. Am quite sure that our selfish nature allows us to in a biased manner shortlist people on the basis of what they have done before, downplaying the fact that we need to leave the opportunity open for others too who have never had a chance despite their will and ability to perform in the best way. I therefore request us to avoid such kind of discussions which might end up prejudicing the fair process of arriving at the most suitable person to fight corruption or be appointed to any other office. I don’t doubt Maina Kiai’s ability but we must also know that there are so many Kenyans who are denied chance, not because they are incompetent but because of one or two reasons sometimes fair and sometimes totally unfair reasons that makes a playground not level for everyone. This is the same case with John Githongo’s fight against corruption; he had an opportunity to blow a whistle because he was lucky to have been appointed permanent secretary in charge of governance and ethics because of the original close association with the president. There could be other greater and more trusted people out there who would have wished to fight corruption but they never had an opportunity to be appointed in such strategic positions like serving as permanent secretary in charge of ethics. So, am sure that if we are fair enough, lets give everyone equal opportunity and room to emerge and prove his/her competence whether in public service, civil society, political leadership or in serving in any position. Lest we are no different from the government which plays musical chairs and gives jobs based on advertisements which are skewed to fit descriptions of certain individuals. FWAMBA NC FWAMBA PO BOX 41046, NAIROBI, +254721779445 http://kenyayoungvotersalliance.blogspot.com

HON.KALONZO MUSYOKA: STOP WAGGING AND WAXING LYRICAL OVER PERILOUS ETHNIC ALLIANCES.

Dear Sir/Madam, The vice president, Honorable Kalonzo Musyoka aka; the miracle worker, is never short of them. I mean dreams. He is over-stocked with dreams about presidency. Unfortunately, his dreams are tethered on the vice of negative ethnicity and they may never see the light of the day. A couple of years ago, he had none of the vile and vitriol characteristic of today`s howling pack. However, they say that a day in politics is too long. And true to this dictum, he has changed pretty fast. He is a stark difference of what he was yesterday. In fact, I am still struggling very hard to convince myself that he is still the staunch Christian faithful he was yesterday. Today, the VP is nothing but a nattering nabob and a purveyor of negative ethnic sentiments. He has lately made a spectacle of himself when every time he appears on TV he is either waxing lyrical about the 2007 sour grapes or he is brazenly wagging hopeful about his new found faith in ethnic alliances to help him ascend to the coveted presidency come 2012. His mathematical, nay, ethnic based calculations are almost driving him to a perilous political cliff. So depressing and disgusting it is to see Kalonzo desperately try to project a picture of himself as a nationalist when his vile rhetoric increasingly portrays him as a man so utterly bereft of any iota of morality and integrity. Were he to stretch his memory to the aftermath of the botched up 2007 presidential elections then perhaps he would see the consequences of simmering overtones of negative ethnicity in our country. But unfortunately he has deliberately and conveniently chosen to forget. Like the mythical witchdoctor and the King`s magical dress, Kalonzo`s ardent political supporters have been haunted into silence. They fear telling him that he is politically naked. But like the innocent child, somebody needs to tell him that he is not only naked but that he has also become the country`s wiseacre. It is time for all Kenyans of goodwill irrespective of their political persuasion, to take a stand, to say that we can do better than this. We must denounce negative ethnicity for the sake of the unity of this nation. And more so because we have witnessed so many times what can happen when this garbage gets out of control. This country has unbelievably sunk to low levels as a democracy courtesy of political leaders like him who have incessantly reduced issues of national importance to macho sparring. He has shown a shocking lack of judgment as his decisions are quite often made through the prism of ethnicity. He has totally failed to appreciate the fact that this nation can prosper faster through genuine and deliberate effort on the part of the political elites like himself resisting the temptation of seeking to lead on the platform of negative ethnicity. It is abundantly clear that should leaders refuse to learn from the past and ignore lessons from the country`s mistakes then they shall simply be leading this country in to a more tumultuous future covered with the deceptive warmth of their ignorance. Kenyans are dog -tired of this brand of leadership. My unsolicited advice to the VP is that much as many people may like his face, if he doesn`t proceed in a manner consistent with the spirit of National healing and Reconciliation then he risks being seen as a purveyor of negative ethnicity consequently his reputation will be severely dented. Perhaps, a journey through the 48 Laws of Power by Robert Greene and Joost Elffers might prove helpful to the VP. The fifth law states that “Reputation is the cornerstone of power. Through reputation alone you can intimidate and win; once you slip, however, you are vulnerable, and will be attacked on all sides. Make your reputation unassailable. Always be alert to potential attacks and thwart them before they happen. Meanwhile, learn to destroy your enemies by opening holes in their own reputations. Then stand aside and let public opinion hang them”. Honorable Kalonzo, it is time for you to change tact before you quickly become mince meat for the hawk-eyed political pundits. TOME FRANCIS, BUMULA CONSTITUENCY.

STOP SUBJECTING THE NOBLE KAZI KWA VIJANA INITIATIVE TO POLITICAL PING PONG.

Dear Peace Loving Kenyan, Reports that the noble Kazi Kwa Vijana Initiative is grounding to a halt due to non release or delayed release of funds by treasury are extremely disturbing. It is even more disturbing to learn that the reason for the non release of these funds could be politically motivated. However the fears that the program was to suffer from political ping pong was never far from the surface. It had always been said that certain government functionaries were unwilling to see the government finance a noble and popular program that was a brainchild of the Prime Minister. With concerted efforts from the well meaning leaders and the larger public, treasury was forced to play ball. And now they are reverting back to the same old dirty tricks. For one to assert that treasury is only funding priority projects is untenable as it is akin to saying that the empowerment of the youths is least among the Government`s priorities. This argument is an obvious contradiction of the development pillars of this Government. It doesn`t require a genius to tell that this hasty retreat, nay, abdication of the treasury from its rightful role in the social welfare and development of this program is ill informed. Moreover, the move is inconsistent with the Country`s vision 2030. Yet it is clear to all and sundry that where there is no vision people perish. Don`t we know that even the devil can cite scripture for his own purpose? Behind this façade is the reasoning that the youths have to remain perpetually poor and vulnerable to the smooth talking politicians. But we know who and what they are. In the words of W S Gilbert, “Skim milk masquerades as cream”. That is why they loath anybody with concrete a program to aid the vulnerable in the society. Perhaps, Cardinal Elda Camara captures the truth when he said that “When I give food to the poor, they call me a saint but when I ask them why the poor have no food, they call me an opposition and a communist. Using this line of thought we can easily contextualize the predicament that the youths in Kenya find themselves in. Since independence no successive government has come up with a strategy to pull the youths out of the debilitating poverty. The reasoning has always been that they are left perpetually helpless in order to make them vulnerable to the machinations of the political elites. The painting of an illusory future is the preferred means of keeping the youths hooked to them. Yet it is abundantly clear that the panacea to the grinding youth unemployment, poverty and increased crime levels is a concrete empowerment program to steer the youths into self reliance. The Government must be a facilitator and an enabler of the youths ` process of self development. It was this in mind that the Prime Minister came up with the Kazi Kwa Vijana Program. This was not only a way of empowering them but to also make them less vulnerable to politicians who are to always ready to use them as mercenaries for their selfish political interests especially during the electioneering periods. But it seems as if some politicians are unhappy with the success of this noble program and are hell bent at disrupting it and dismantling it altogether. They opine that it is giving the Prime Minister a cutting edge among the youth. This is quite unfortunate because I thought that it is competition among politicians, in terms of constructive ideas that we desperately need today. This action or inaction by treasury brings to the fore the need for the public to demand consistency in quality management by the various government organs. Consistency is borne out of determination by the public to place the right people in their rightful positions of responsibility commensurate with their experience and training and to demand the de-politicization of services in the country. After all the ministers and technocrats in the ministries are public servants entrusted by the public the responsibility of managing the public`s resources. To the public and especially the youth, let them draw inspiration from John P Curan who said that “Eternal vigilance is the price of liberty. TOME FRANCIS, BUMULA CONSTITUENCY.

AN EXHORTATION TO KIBAKI AND RAILA TO LIBERATE KENYA FROM ANTI-REFORMISTS.

Dear President Kibaki and Prime Minister Raila, In every moral and political matter, the decisive question for Thomas Hobbes is always: who is to judge bearing in mind that in the state of nature, each of us is a judge in our own cause, consequently we are perpetually in a warring state as we are inclined to use our feelings as measures for others. In such circumstances, the only rightful judge is the sovereign; in our case –you the President and the Prime Minister. That is why the public and the international community are looking forward to you to provide the requisite leadership necessary to pull Kenya out of the doldrums. In complimenting the Hobbesian political philosophy Juan Stuart Mill also argued for an ethical principle that would be superior to the self interest of the individual just as Emmanuel Kant had established a rational principle of moral law superior to individual desire. To add the icing on the cake is the African proverb that states that fish rots from the head downwards. Far be it from me to suggest that you do not have the capability to turn things around, however it is your lackadaisical stance that is worrying the nation. You seem to be waiting for some mythical rebound to make it possible for the country to get the essential reforms in a flash. What is incessantly nagging the citizenry is whether you fully understand the gravity of the country`s non implementation of the essential reforms before the next General elections. I say this because the signals emanating from your confidants and your party stalwarts are not encouraging at all. Whenever they speak one may think that it is a contest in which the one who shouts the loudest emerges the winner! And as if that is not enough some insolent ministers and members of parliament in their whimsical design keep throwing unnecessary burps at the international community at any opportune moment whenever the latter attempts to help us out of the quagmire we are in. But when disaster strikes it is the very Ministers and Members of Parliament who will be quick to ask the same West “where were you when we were butchering ourselves left, right and centre?” They are quick to embrace the age-old schisms: that the West is undermining our sovereignty. They have been quick at perverting “Sovereignty” to mean non interference by the sufficiently philanthropic neighbors even when it is crystal clear that we are on the brink of a disaster. I dare say that it is only those without any ounce of decency who may be tempted to believe this wisecrack! The same wisecrackers and anti-reformists are responsible for the near statelessness that we are in. They have easily led us astray in our attempts to forge our destiny as a country. Like the proverbial ostrich, they have buried their heads in the sand for too long. Our capacity to reason has become fragile as is our capacity to know; we heavily rely upon language (read as tribe) and we are often prone to error and undue influence. It is chilling that when even the most learned among us give their opinion on any issue of national importance; they do so selfishly or impulsively on the basis of emotive speech by our so called ethnic political leaders. Some of the obtrusive civil society and political leaders we rely upon to give us direction are selfish, cowardly, and some of them “vainglorious” (and some of them are of all of these!). Many of these leaders will be prepared to embellish ethnicity and even violence to attain their selfish ends. Their connivance conjures up images of Post Election Violence. Mr. President and Mr. Prime Minister take of off the gloves and get down to work. This country is in dire need of your leadership. You must rid yourselves from the crazy- quilt of your confidants and party stalwarts. This is the Hobson`s choice, that is assuming you care enough for our posterity. You must start to rate yourselves and to demand to be rated by others not based on your good intentions but performance. I implore you not to allow the nation to run on this treadmill that is quickly carrying us backwards. TOME FRANCIS, BUMULA CONSTITUENCY.