the nation, 4th june 2010

Government nally unlocks review cash

REFORMS

Raila says Sh500m released for civic education, ending days of rows

By BERNARD NAMUNANEIn Kampala, Uganda

The grand coalition partners yesterday took their wrangles to the international theatre, clashing over the establishment of an African liaison oce for the Inter-

national Criminal Court.The drama, which ended with a mem-

ber of the Kenyan delegation being shout-ed out of the meeting, pitted the Party of National Unity against its partner, the Or-ange Democratic Movement.

ODM accused PNU of working with

other African countries to block the work of the ICC in Africa.

But Attorney General Amos Wako (pic-tured right) accused the ODM delegation, comprising Prime Minister Raila Odingas

Kenya coalition rivalry plays out on the world stage

CONTINUED ON PAGE 2

By LUCAS BARASA

More than half a bil-lion shillings has been made immediately available for civic edu-cation, ending weeks of bickering between the government and the Committee of Experts.

The money is not in the budg-et, but has had to be reallocated from other ministries and will be regularised in next weeks budget, which will cater for all constitu-tion review needs.

The release of the Sh553 million was announced by Prime Minis-ter Raila Odinga at his Treasury oce in Nairobi yesterday.Accompanied by Finance minis-ter Uhuru Kenyatta, Justice, Na-tional Cohesion and Constitution-al Aairs Minister Mutula Kilon-zo and Committee of Experts ex-ecutive director Ekuru Auko, Mr

Odinga said: This puts to an end the row over the money.

The group met Mr Odinga and a deal agreed on before the announcement was made. Mr Odinga said the disagreement between Treasury and the CoE, the group spearheading the writ-ing of the new constitution and conducting civic education, was because he had been out of the country and there was nobody to bring the parties together.

ReferendumHe added that the government was determined that the civic ed-ucation should be done satisfacto-rily so that Kenyans can make an informed decision at the August 4 referendum.

Given the signicance of stick-

CONTINUED ON PAGE 4

NEWS 2-9, 16, 32-35, BACK | OPINION 10-11 | LETTERS 14 | WORLD 14-24 | BUSINESS 27-31 | SPORT 67-71

No. 16543

FIFTY GOLDEN YEARS

Former US Vice President and his wife, Tipper, say its time to call it quits after 40 years of marriage. PAGE 22

AL GORE AND WIFE TO SEPARATE

ON OTHER PAGES

To comment on these and other stories in the Daily Nation go to:

www.nation.co.ke

EAST AFRICA TOPS TOURISM RANKING

Travellers around the world place region among the best to visit in Africa. PAGE 31

GIVING REGGAE NEGATIVE VIBRATIONS: Ruans spoil the day for Sawa Sawa Festival

Prime Minister Raila Odinga and Deputy PM and Finance minister Uhuru Kenyatta (left) at Treasury Building where Mr Odinga said Treasury would release Sh553 million to fund civic education. Photo/HEZRON NJOROGE

C

M

Y

CM

MY

CY

CMY

K

6744269R.pdf 5/20/10 7:03:11 AM

C

M

Y

CM

MY

CY

CMY

K

6744269R.pdf 5/20/10 7:03:11 AM

www.nation.co.ke NAIROBI, FRIDAY, JUNE 4, 2010 KSh35/00 (TSh800/00 : USh1,500/00)

A-PDF Merger DEMO : Purchase from www.A-PDF.com to remove the watermark

By NATION Correspondent

Scores of residents of a Somali town near the Kenyan border are eeing their homes due to fears of a clash between fighters loyal to two militia groups.

Bulahawo Town, just two kilometres from the Kenyan border, is controlled by the anti-government al Shaabab group.

However, residents say the pro-government Ahlu-Suna Waljamaa militia has been moving ghters into the area from nearby Dolow Town.

Some of fleeing residents are crossing into Kenya while others are heading for refugee camps in Ethiopia.

Although North Eastern PC James ole Serian confirmed that the Somalis were aban-doning their homes, he de-nied that they were crossing into Kenya.

Mr Serian said the displace-ment was on Somali soil.

The groups are ghting for control of the strategic town located in Somalias Gedo.

The tension in the area fol-lowed reports that forces loyal to Ahlu-sunna and some from Somalias Transitional Federal Government are attempting to dislodge al Shabaab.

We are fleeing the town now as we fear a heavy battle is likely, said Farah Dodi, a resi-dent of Bulahawo, on phone.

At least 500 Somali govern-ment ghters recently under-went training in neighbouring Ethiopia and there are reports that they could join the battle for Bulahawo.

Rising tensionThe rising tension has made local residents in Mandera Town to brace for a possible spillover of the ghting while police are on high alert to pre-vent any inltration.

Al Shabaab has regularly accused Kenya of interfering in the aairs of Somalia and threatened to attack it.

The militia has carried out its threats on a number of oc-casions and last week attacked Dadajabula area in Wajir Dis-trict, wounding ve people.

Somalis ee homes as militias ready for war

Mau can earn Kenya

Sh117bn

CONSERVATION

By DAVE OPIYO

K enya can reap Sh117 billion annually by exploiting services provided by the Mau Forest ecosystem.

Recent studies indicate that the amount could increase but only if proper conservation measures were taken.

The studies were conducted by among others the Kenya Forest Research Institute and United Nations Environmen-tal Programme (Unep).

Two years ago, this amount was pegged at Sh20 billion income generated from key sectors that rely on the Mau ecosystem, including energy (hydropower production), ag-riculture and tourism.

But now, environmentalists have factored in the money that the country could raise through the clean up of the atmosphere from the forest.

Uneps spokesperson Nick

Nutall says in future, develop-ing countries should expect to receive huge payments from their industrialised counter-parts just for conserving their forests.

Currently, the services that can be delivered by the Mau Forest complex are said to be worth $1.5 billion (Sh117 bil-lion) ...but when we continue to conserve our forests, this will denitely go up, he said.

But if we fail to conserve our ecosystems, developing coun-tries will not to benet from these funds, added Mr Nutall.

Water towerHe spoke at the Unep launch of a report: Dead Planet; Liv-ing Planet which makes a case for repairing the worlds damaged ecosystems.

Kenya has been striving to restore some of its ecosystems including the Mau Forest con-sidered to be the largest water tower in the country.

The country had lost more than 100,000 hectares of for-est cover in the area in 15 years due to illegal encroachment.

In a bid to conserve the 400,000-hectare forest, the government initiated a pro-gramme to evict those illegally residing in the Mau.

Country should expect to be paid for taking care of its forests

He is hot, quick, active and practical. Often

self sucient and very independent. He is able to make

decisions for himself and other people..

These were the words used to describe Fai

Amario by a man who rst came into contact

with him in 2003. But to these can be

added numerous other unsavoury attributes of the prime showman of Naivasha - convicted

violent robber, incorrigible womaniser and probably a heartless

killer, too.

Read Fais story in the rst of a two-part series

on his life and times tomorrow

TOMORROW


O-loading of the new ferries started yesterday at Mombasa port with the first one, mv Likoni, being lowered from another vessel, mv Beluga Sin-gapore, mid-morning.

The second ferry, mv Kwale, is expected to be assembled from today.

After o-loading, the ferries will be tested and coxswains trained awaiting their com-missioning in less than two weeks, said Kenya Ferry Serv-ices managing director Musa Hassan Musa.

The ferries measuring 70 metres long and 16.5 metres

wide, cannot start operations immediately as they have to undergo testing before being ocially commissioned.

Their arrival has ended speculation that the vessels would not be delivered.

Equal in sizeSince the signing of the con-tract for construction of the ferries in 2004, their deadline for submission kept shifting.

The initial cost of the ferries was Sh900 million, but was later revised up to Sh1.3 bil-lion following the amendment of the size of one of the vessels from 48 metres to 70 metres to make it equal in size to the

second one. The two new fer-ries have the capacity to carry 1,550 passengers and 60 cars on board.

This is an upgrade from the three old ferries mv Nyayo, which has a capacity to carry 1,200 passengers and 60 cars, while both mv Kilindini and mv Harambee, can accom-modate 1,440 passengers and 52 cars.

According to Mr Musa the three old vessels mv Kilindini and mv Harambee would be taken for major repairs at the Kenya Ports Authority dock-yard as soon as the new ones start operating.

Ferry woes to end in two weeks

FERRY ARRIVAL

One of the two new ferries, mv Likoni, that was offloaded at the port of Mombasa yesterday. The second ferry, mv Kwale, will be offloaded today. Photo/LABAN WALLOGA

FREE 300

GAMES

HOUSEHOLD OFFERS

Offer valid until 13th June, 2010

E &

O.E

RAMTONS SANDWICH TOASTER - RE/129

MENS FORMAL SUIT MENS JACKETS - CASUAL WEAR

ARMCO D.V.D. DX-900

FREE SHIRT

GIANT FLASK

350/- 295/- 525/- 475/-

PROMAX SILK MUGS 6PCS SET

1,325/- 1,195/- 3,595/- 3,395/-LADIES HAND BAGS

1,095/- 895/-

MENS FORMAL TROUSERS

700/-

599/-2,795/-

SUPANET - MOSQUITO NETS - 3 * 6

379/- 349/-TROLLEY BAGS

ML

S1,195/-1,295/-

1,095/-

1,195/-1,350/-

FREE TIE

DAILY NATIONFriday June 4, 20102 | NATIONAL NEWS

2010 CITIZENS ALTERNATIVE BUDGET

High cost of food tops public agenda

By JOY WANJA

The pockets cannot not get drier than they already are.These are the sentiments of 60-year old Hannington Kangethe when he attended the launch of the 2010 Citizens Alternative Budget by the Insti-tute of Economic Aairs.

And as he awaits the reading of the real thing Kenyas annual Budget by Finance minister Uhuru Kenyatta next Thursday, his burning desire is to see the prices of basic commodities go down and

not soar like they have done in the last year. Do not tax us higher than you al-ready are, Mr Kangethe urged Mr Keny-atta ahead of the reading of the 2010/2011 Budget.

Prices of key consumer goods, including milk, bread and cooking fat have nearly doubled in the past three years, a concern Mr Kangethe cites is dangerous for an ag-ricultural country striving towards attain-ing food security.

Though he lives in his own house and both his daughters are married, Mr Kangethe said he had spent considerably more money on his house budget com-pared to the same period last year.

I spend about Sh5,000 on food per

month, Sh1,200 on transport, but the expenses seem to be sky-rocketing every month, he said. I used to spend half that amount just the other day.

Mr Kangethe would perhaps, have been more impressed last week, with various civil society organisations under the co-ordination of Hakijamii. They held a pub-lic forum at Ufungamano House, Nairobi, to present their proposals to the public as well as hold a discussion on the budget-making process.

The list contained what they termed as people-friendly prices for essential goods as follows: Maize our, Sh40 for a two-kilogramme packet; sugar, Sh30 a kil-ogramme; paran, Sh25 a litre and Sh20 for a 400 gramme loaf of bread.

For now, that remains wishful think-ing.

Last year, the government announced a subsidy scheme aimed at lowering the cost of maize our for the urban poor, but the scheme collapsed amid claims of cor-ruption.

Yesterday at Laico Regency in Nairobi, Mr Kangethe said of the institutes pro-posal to reduce tax on airtime: It is an excellent idea. This will help us commu-nicate more often, both for business and pleasure.

He is one of the 17.5 million subscribers who own a mobile handset a huge rise from the 200,000 Kenyans who had them in 2000 who are expected to gain from

Economic institute reads its proposals ahead of the annual Budget next week

Mr John Mutua from Institute of Economic Affairs speaks during the launch of the Citizens Alternative Budget yesterday. Mr Hannington Kangethe, who attended the launch, had one message for Finance minister Uhuru Kenyatta: Do not tax us higher than you already are. Photos/ JENNIFER MUIRURI

the proposal if Mr Kenyatta adopts it.Mobile airtime tax is charged at 10 per

cent, in addition to the 16 per cent VAT.According to the 2010 Economic Sur-

vey last month, the economy is expected to grow by between four and ve per cent this year, up from a low of 2.6 per cent reg-istered last year.

But the calculations are not reected in Mr Kangethes personal monthly budget, says the land commission agent in Nai-robi.

Yesterday, Mr Kangethe oered many other proposals after listening keenly to the citizens alternative budget.

Use the Kenyan Army in road construc-tion and expansion. This will reduce the amount of money spent on foreign com-panies to develop our transport system, he said adding that this would inculcate a sense of patriotism among Kenyans.

Related story on Page 8

Use Kenya Army in road construction. This will

reduce the amount of money spent on foreign companies

2000Year only 200,000 Kenyans had mobile

phones, against todays 18 million

C

M

Y

CM

MY

CY

CMY

K

7042869R.pdf 6/3/10 5:47:15 AM

C

M

Y

CM

MY

CY

CMY

K

7041007R.pdf 6/3/10 3:53:33 PM

DAILY NATIONFriday June 4, 2010 NATIONAL NEWS 3

CONSTITUTION DEBATE

try and there was nobody to bring the parties together.

He added that the government was determined that the civic education should be done satisfactorily so that Kenyans can make an informed deci-sion at the August 4 referendum.

Given the signicance of stick-ing to the timeline of this exercise and the signicance attached to the review process, the government has released Sh553 million to nance the activities of the Committee of Experts from now to the end of the review process, Mr Odinga said.

Saying that the money row had caused public anxiety, Mr Odinga

said CoE was satised with the Sh553 million.

Asked about complaints by CoE that the Ministrys of Finances paid the Government printer to publish copies of the proposed constitution at more than Sh100 a copy yet the committee was doing it at Sh27 a copy elsewhere, Mr Odinga said this is an internal matter.

He also said there was no problem with his oce giving Sh90 million for civic education and Ministry of Jus-tice Sh10 million, since all the money comes from Treasury.

Mr Odinga said delayed funding for civic education will not affect the exercise as it has been going on smoothly and that Kenyans were also enlightened on the document, having been involved since the Bomas Na-tional Constitutional Conference.

Kenyans know a lot about the con-

stitution. We are not starting from scratch. The Yash Pal Ghai team did a lot of civic education. The proposed constitution is not entirely dierent from Bomas draft. We just want to tell the public what is new, the PM said.

Mr Ghai headed the defunct Con-stitution of Kenya Review Commis-sion (CKRC).

The PM said civic education could continue past the 30 days that had been allocated under the Constitu-tion of Kenya Review Act. Unaweza kutafuna na kusakata rhumba (You can chew and also dance to rhumba music), he said in Kiswahili.

The civic education was to start on May 7 when the proposed constitu-tion was published by the Attorney General.

He said the government was pre-pared for civic education, but there has been some misunderstanding among players as they have not been talking to each other.

He said the CoE had been given authority by government to continue getting materials from the Govern-ment Printer, adding that a number of donors had also released money for civic education.

The row over funding for civic ed-ucation has been going on for days with civil society and some political leaders accusing Treasury of sabotage by failing to release the money.

The CoE had also vowed to con-tinue with the exercise despite the cash shortage.

Last weekend, Finance Permanent Secretary Joseph Kinyua said Sh100 million had been released to the CoE while Sh230 million had been used to print copies of the proposed law.

He said it had been agreed that out of the Sh1.2 billion CoE budget, the Government would nance this main activity through the Govern-ment Printer and that Treasury had already provided Sh400 million.

The rest, Mr Kinyua said, is fac-

Treasury to give Sh500m

Prime Minister Raila Odinga and Deputy PM and Finance Minister Uhuru Kenyatta (left) at Treasury Building where Mr Odinga said Treasury would release Sh553 million to fund civic education. Photo/HEZRON NJOROGE

30The days that had initially been

set aside for civic education

CONTINUED FROM PAGE 1

tored into the 2010/11 nancial year.Speaking at Kenol Town in

Muranga South District, Mr Keny-atta also said Treasury could not give the CoE beyond what Parliament passed.

They have enough to conduct civic education, Mr Kenyatta said.

Constitution-making was not a politi-cal issue, he said, and cautioned those trying to politicise the process.

Yesterday, Mr Kenyatta and Mr Kinyua watched quietly as Mr Od-inga announced the release of addi-tional funds and did not take ques-tions from journalists.


The No camp yesterday took its cam-paigns to Malindi, and urged the residents to reject the proposed con-stitution.

They are opposed to the draft be-cause it allows gay marriages and abortion as well as contains bad land laws, they said.

Those who addressed the meeting included Higher Education minis-ter William Ruto as well as Yatta MP Kiema Kilonzo and his Igembe North counterpart, Mr Mithika Linturi.

They asked police to investigate al-legations of police intimidation. This constitution will deprive people of power on land as all jurisdiction will be under the commissioner of lands sitting in Nairobi.

Other leaders who spoke were im-mediate former Malindi MP Lucas Maitha, parliamentary election loser Fred Kazungu Diwani, Mrs Elina Mbaru, former Magarini MP Harry Kombe and the Rev Thomas Kakala of the Jesus Cares Centre faith.

At the same time, the leaders al-leged that a top Malindi county council ocial had been questioned by police in connection with the ref-erendum. But CID boss John Kariuki and the deputy area police comman-dant, Mr Willy Simba, denied knowl-edge of the incident.

Mr Ruto told the leaders his side was not opposed to a new constitu-tion for Kenya, but wants a clean, just and agreeable constitution that will unite Kenyans, not one that will tear them apart on religious lines.

The leaders were speaking at the town hall where they met their grass-roots counterparts from Lamu, Kalo-leni, Mariakani, Malindi and Magar-ini to launch the Coast campaign.

No team takes its campaigns

to Malindi


CONSTITUTION DEBATE

Muslim leaders, including nominated MP Mohammed Dor (second row, second right), listen to proceedings at the Mombasa High Court during a case seeking to have an order against the kadhi courts suspended. Photo/GIDEON MAUNDU


A group of Muslims aggrieved by a decision to declare kadhi courts illegal are seeking to have the ruling suspended.

The eight clerics from Mom-basa want the High Court to issue an order stopping action on last weeks ruling by the Constitutional Court, pending the hearing and determination of their case.

Lawyer Mohammed Balala filed the case under a cer-ticate of urgency yesterday, saying the petitioners were

aggrieved by Justices Joseph Nyamu, Roselyne Wendoh, and Mathew Emukules deci-sion.

They said the kadhi courts provided an essential dispute resolution mechanism but a vacuum had been or was like-ly to be created.

Serious crisisShould the judgment be ex-ecuted, it would be impossible to reverse its consequences since it has already resulted in a serious crisis of confi-dence in the kadhi courts, and

which can only be restored if the orders sought are issued, they said.

The petitioners are Mr Yahya Muthaura, Mr Adam In-detie, Sheikh Hassan Moham-med, Mr Hamisi Mwanguwa, Mr Malyun Omar, Mr Juma Hassan, Ms Farida Hussein, and Mr Harrison Waweru.

Delivering their ruling in a matter filed by Rev Jesee Kamau and 26 others, the three judges said the inclusion of the courts in the supreme law of the country was illegal as favoured one religion.

Muslims seek to overturn kadhi court ruling

By LUCAS BARASA

Young political ac-tivists yesterday vowed to mobi-lise three million youths to vote for the proposed constitution in the August 4 referendum.

Representatives from 47 parties said they would hold countrywide rallies to drum up support for the Yes side.

Through the Political Par-ties Young Leaders Caucus, they said they would hold the meetings at town halls and use experts to educate the public on the draft.

We will explain to the pub-lic, especially the youth, the importance of passing the pro-posed constitution and clarify the contentious issues, Mr

Maurice Ochieng, a member of the caucus, said when he ad-dressed journalists at the Yes Kenyatta International Con-ference Centre secretariat.

The group pointed out that it plans to use digital technol-ogy like Facebook and Twitter to reach as many youths as possible.

Mr Ochieng and the groups convenor, Mr Caleb Burudi,

who is also the chairman of the Federal Party of Kenya, said they would work round the clock to ensure the green revolution succeeds.

Young people, they said, would benet from increased jobs, wealth creation, devolved resources, and proper manage-ment and protection of land if the proposed constitution is passed.

We have joined hands as young leaders to dispel the notion that the youth of this country have for years been sidelined and that we have no say in the leadership of our be-loved country, the group said in a statement.

Kenyans, they added, have waited for long for a new con-stitution, and this is the time for them to get it.

Lives have been lost and there has been bloodshed. People have been maimed in pursuit of a new constitution.

The journey to a new con-stitutional dispensation, good governance, and an end to the culture of impunity has been long, tedious, and vigorous, and we cant aord to let go of this chance.

They accused leaders op-posed to the proposed con-stitution of doing so for their own selsh interests, claiming that some wanted to hide their dirty past.

They noted that the Bill of Rights gives youths funda-mental rights, liberties, and other freedoms.

Group pledges three million Yes youths

Well hold rallies countrywide to mobilise young people, they say

47The number of parties that

sent representatives


Ethnic clashes during Gen-eral Elections were yesterday blamed on the excessive pow-ers of the presidency.

At the same time, Com-mittee of Experts chairman Nzamba Kitonga said the pro-vincial administration would be restructured if the pro-posed constitution is passed to check conict of interest with the county governments.

Mr Kitonga said Kenyans over the years have been ght-ing to ensure that one of their own was kept in power for fear of imaginary marginalisation.

If the new laws were passed, presidential excesses would be reduced and hence such animosities would be scaled

down, he added. With de-volved governments, presi-dential powers would be kept in check to prevent abuse.

Mr Kitonga spoke at the Bomet County Council hall during the ongoing nation-wide civic education on the proposed constitution.

He further assured the pro-vincial administration that even if the unit was to be re-structured, they would not lose their jobs.

Take chargeThe restructuring, he said, would pave the way for county governments to take charge on issues related to security, peace, and other duties that were under their dockets.

Kenyans did not actively take part in drafting of the current constitution, unlike in the proposed one, Mr Kitonga added.

Bomet DC Kimani Waweru, mayor Leonard Barsumei and the county council vice chair Richard Leitich attended.

Kenyans have been ghting to ensure one of their own

ascended to power

Powerful presidency to blame for poll clashes


The referendum court has been asked to dismiss a case seeking orders to allow pris-oners to take part in the pub-lic poll.

The Interim Independent Electoral Commission says the prayers sought by the convicts are now matters of academic discourse as it can-not reopen any registration of voters until the referendum is conducted.

And in the event that the court compels it to reopen reg-istration, it would amount to breaching the very law from which it derives its jurisdic-tion.

IIEC was responding to a case filed by Momba-sas Shimo la Tewa inmates, through Ms Priscilla Nyokabi of Kituo Cha Sheria. It chal-lenges the inmates exclusion from voter registration.

Court urged to dismiss

inmates case

The PrincipalNairobi City CampusCorner House, 6th Floor,Adjacent to Hilton HotelP.O Box 100023-00101,NAIROBI0711-454-637

The PrincipalKisumu City CampusMinoki Bldg, 2nd FloorP.O. Box 9324, Kisumu0715-057-262

The Principal,Bungoma Town CampusBungoma Chemists BldgP.O. Box 1765 50200Tel: 0722806810

Announcement: We shall be holding our 1st Graduation Ceremony on 25th June 2010 in Eldoret. All graduands should immediately contact their respective principals.


NEW HAMPSHIRE

No bail for Kenyan held over killing of woman A Kenyan has been charged with mur-der in a US court. Mr Jackson Mwan-gi, 28, was on Wednesday arraigned before the district court on suspicion of repeatedly stabbing his estranged lover, Ms Randi Huntley, 25, leav-ing her for dead. He was denied bail. Police said they arrived at the scene after they received a call reporting a hit-and-run accident. But they found Ms Huntley with stab wounds, and rushed her to hospital where she later died.

BRIEFLY CORRUPTION

How looting of IDP cash was exposed

By DOMINIC WABALA

The theft of money meant for in-ternal refugees was uncovered in an audit by the Ministry of Finance.The audit was conducted eight months

ago and focused on 22 districts where peo-ple displaced by the post-election violence had camped.

It was from the ndings that the Crimi-nal Investigations Department moved in to probe senior ocials of the provincial administration.

The Finance Ministry deployed auditors in Narok South, Nakuru Town, Naivasha, Molo, Kipkelion, Kericho, Buret, Sotik, Uasin Gishu, and Koibatek districts.

Other areas targeted were Nandi South, Nandi Central, Nandi North, Nandi East, Marakwet, West Pokot, Kwanza, Turkana South, Turkana Central, Trans Nzoia East, and Trans Nzoia West.

Auditors questioned the alleged pay-ments to refugees and procurements done without following laid down procedures.

The audit team had been mandated to establish if there were any genuine IDPs who had yet to be resettled, if funds were disbursed to genuine IDPs, and if proper records of the funds were kept.

Further, they were also to obtain copies of approved registers used in the payment of the funds and establish if there were houses constructed for IDPs.

Out of the Sh1.44 billion released by the

Treasury, Sh103.1 million was unaccount-ed for by September last year.

According to the ndings, some of the most aected districts were Narok, Naku-ru North, Molo, Kericho, and Bureti.

In Molo, the audit team could not trace Sh41.7 million while another Sh5.1 mil-lion could not be accounted for out of the Sh364.8 million received by the district.

Some of the money, the report says, was paid to IDPs who had not been proled. There were also cases of double payments while others received cash without show-ing their IDs.

Some beneciaries witnessed their own payments and the signatures of witnesses were similar to those of the recipients.

In some cases, passport size photo-graphs of females were attached to forms of male beneciaries and vice versa.

One ocer reportedly paid Sh13.9 mil-lion to IDPs in Njoro and Mauche divi-sions without approval, yet they did not appear on any register.

The audit ndings clearly demonstrat-ed that the process of payment of the IDPs and resettlement was faced with signi-cant challenges, some bordering on out-right theft and misappropriation of public funds, the report concludes.

The auditors recommended that docu-mentary evidence be carefully evaluated and the money be recovered from the cul-prits or any appropriate action be taken against them.

Finance Ministrys audit targeted 22districts whererefugees had camped

103mAmount in shillings that could not

be accounted for by 2009


The High Court has extended an order barring the Attorney Gen-eral from prosecuting an MP over a Sh40 million tender scandal 10 years ago.

Justice Jeanne Gacheche told the AG to le a reply in three weeks over Naivashas John Mututhos case.

At the same time, the Kenya Anti-Corruption Commission led its re-sponse narrating how investigations

into the case were carried out.The anti-graft team, through Mr

Ben Murei, says the investigation was rst carried out by the police before it took over.

It named Mr Mututho in the al-leged payment of Sh41.4m million as a purported refund to Kenyatta National Hospital for the supply of bedside lockers.

Mr Murei said after investiga-tions, the le was handed over to the AG for prosecution.

Mr Mututho then moved to the High Court and stopped the hear-ing of the criminal case. He said the anti-graft agency did not prosecute him in the anti-corruption court be-cause the case could not stand.

This at worst is a civil matter and stands no chance of success in the anti-corruption court, he said.

The MP said he did not partici-pate in either the tendering or im-portation of the bedside lockers but KNH and M/S Countryside Suppli-

ers Limited a company allegedly associated with him did the trans-action. He said the rm was not in-vestigated or prosecuted yet it is a registered liability company with powers to sue or be sued.

Kacc has directed all its mali-cious venom towards me and has not investigated or prosecuted M/S Countryside Suppliers as required by law, he said.

The case will be heard on Novem-ber 22.

High Court blocks Mututhos prosecution

KERICHO

Set up courts to tame smokers, councils toldLocal authorities have been urged to set up special courts to try people who break the law that prohibits smok-ing in public places. The national co-ordinator of the tobacco control unit at the Ministry of Health, Mr Ibra-him Longolomoi, said that smoking in public places is going on in many towns despite the ban, so local au-thorities must control it. He was ad-dressing a workshop on smoking at a Kericho hotel.

NAIROBI

Lobby seeks support for South Sudan referendumSouthern Sudan community is seeking support from donors in their coun-trys forthcoming referendum. The group, Countdown to Southern Sudan referendum, described the process as a matter of life and death. An of-cial, John Duku speaking in Nairobi urged the international community to pressure the Khartoum government to announce the committee that will undertake civic education to facilitate the exercise.

LUGARI

Jirongo signs pact to pay for sons upkeepLugari MP Cyrus Jirongo has agreed to take parental responsibility and pay for the maintenance of a four-year-old son he fathered with a girl-friend. Through a letter signed by the MP and 34-year-old teacher Isabella Mwashi, the two agreed to share the boys custody, with Mr Jirongo taking care of medical and school expenses. The letter was presented to the Chil-drens Court yesterday. The MP will pay a monthly maintenance fee of Sh20,000.

UNUSUAL RIDE

It was all in a days work for KWS director Julius Kipngetich as he gives KenGen corporate affairs manager Mike Njeru a push at the launch of the Wheelbarrow Race to be held at Hells Gate National Park on June 12. Photo/M. MWANGI

Poaching of elephants is not on the increase, the Kenya Wildlife Service has said.

KWS director Julius Kipngetich said the recent seizure of ivory in Nairobi was not a cause for alarm as the tusks were old and had origi-nated from southern Africa.

Kenya was just a transit point, he said.

Speaking at the launch of

the Wheelbarrow Race, an event organised to raise funds for conservation, at Hells Gate National Park in Naivasha yesterday, Dr Kipngetich said KWS ocers were always on high alert.

He also said many of the parks had recovered from the eects of last years drought and that the number of wild-life was increasing. (KNA)

Our elephants are quite safe, KWS boss assures

C

M

Y

CM

MY

CY

CMY

K

7044165R.pdf 6/3/10 6:31:22 AM


CM

Y

CM

MY

CY

CMY

K

7042757R.pdf 6/2/10 5:53:06 PM

DAILY NATIONFriday June 4, 2010 7

By JOY WANJA

You could soon enjoy cheaper tel-ephone calls if a proposal to re-duce airtime tax is adopted in the coming national Budget.The suggestion was part of the 2010

Citizens Alternative Budget unveiled by the Institute of Economic Aairs (IEA) yesterday.

Gradually reducing airtime tax that currently stands at 26 per cent is expect-ed to encourage subscribers to increase the number of calls they make, thereby increasing revenue, said Mr John Mutua, an IEA ocial at a ceremony to launch the Citizens Budget.

Mobile airtime tax is charged at 10 per cent in addition to 16 per cent value added tax.

The decision to zero rate handsets is a far reaching one reminiscent of the 2007/2008 nancial year when the government waived duty on computers and other com-munication equipment.

The move, if adopted, is expected to af-fect 17.5 million Kenyans who own mobile handsets.

However, another proposal wants air-time tax to be used to nance healthcare.

In November last year, the head of dis-ease prevention and control in the Min-istry of Public Health and Sanitation, Dr Willis Akhwale, suggested that Kenyans be made to pay more for airtime and air travel as one of the innovative ways to raise Sh7.5 billion needed to make the country malaria-free by 2017.

In the Information and Communica-tion Technology sector, IEA asked that resources be allocated to support the de-velopment of bre infrastructure.

Integration of ICT in the education cur-riculum was also suggested to increase awareness among pupils and students.

In the agricultural sector, the proposed Citizens Budget urged the government to support small holders to market their farm produce and help to increase land under irrigation for the country to achieve food security.

COMMUNICATION

Cut tax on airtime, lobby tells Uhuru

Kenyans could soon make cheaper calls if proposal is included in the next Budget

The suggestion was part of the 2010 Citizens Alternative Budget unveiled yesterday

IN THE DOCK

Mr Ahmed Abuod Maalim who was at the High Court yesterday, charged with the murder of Mr Joseph Kiarie Nganga along 4th Parklands Avenue, Nairobi,

last May 10. He did not plead to the charge. Lady Justice Jessie Lesiit ordered that he remain in police custody until June 10. Photo/PAUL WAWERU

By NATION Reporter

A reinsurance rm has appealed against a courts directive that it renew its former managing directors contract.

The Kenya Reinsurance Corporation is seeking to stop the enforcement of the orders issued in favour of Ms Eunice Mbogo.

Kenya-Re says the former chief ex-ecutive was aware of the decision not to renew her contract and accuses her of misleading the court.

Lady Justice Joyce Khaminwa on April 12, ruled that Ms Mbogo was to remain in oce until the case was completed. She also ordered that her contract be re-newed, in accordance with the earlier em-ployment terms.

Renewal of contractMs Mbogo was appointed MD on April 12, 2007, for three years and sought a renewal of her contract on October 6, 2009.

But the rm now says she was aware of the decision not to renew her contract and was part of the board meeting that made the decision.

Lady Justice Khaminwas orders were not implemented and Ms Mbogo went back to court to sue for contempt.

The application was ruled in her favour and Kenya-Re ned Sh1 million for diso-beying court orders.

The company says that if the orders are implemented, it will face unquantiable loss. The application will be heard on June 17 by Court of Appeal judges.

Now Kenya-Re opposes orders on former MD

C

M

Y

CM

MY

CY

CMY

K

7041081R.pdf 6/3/10 4:26:05 PM


ARUSHA

EAC earmarks donated 125 acres for expansionThe East African Community has set aside 125 acres of land donated by Tanzania on the outskirts of Arusha for expansion. EAC estates manage-ment ocer Phil Makini Klerruu said in Arusha that the land had earlier been earmarked for the permanent headquarters of the regional bloc. However, the EAC opted to build the headquarters near the Arusha Inter-national Conference Centre where its temporary headquarters are located.

BRIEFLY

NAIROBI

100 out in the cold after re razes slum housesMore than 100 people were left home-less after an inferno razed their shan-ties in Nairobis Industrial Area yes-terday. Viwandani acting chief, Jane Waigwa said the re started from a house in Donholm slum where chil-dren had been left alone. Although the re ghters were quick to respond, they could not access the scene due to congestion of houses. The cause of the re was not established.

NAIROBI

Party leaders barred from backing non-membersLeaders have been directed to stop campaigning for candidates who do not belong to their parties ahead of June 10 South Mugirango by-election. Registrar of Political Parties Lucy Ndungu said she had received com-plaints from ODM about leaders who were breaking the law. We are going to act on these, she said. She, howev-er, said there had been no complaints on the Matuga by-election.

AFLATOXIN ALERT

Maize prices drop to Sh1,500

By OLIVER MATHENGE

The government has reduced the price at which it buys maize from farmers to Sh1,500. Agriculture assistant minister Kareke Mbiuki denied claims by his col-leagues from the Meru region that the government was buying maize at Sh1,500 in Eastern Province as compared to Sh2,300 in Rift Valley.

He also denied claims that the move to buy contaminated maize from farmers was to pave way for duty-free maize into the country.

Mr Mbiuki made the remarks when he joined six MPs from the upper Eastern region who were aggrieved by Mondays decision by the government to buy con-taminated maize from farmers at Sh1,000 and the good maize at Sh1,500.

After being pressed by his six colleagues, Mr Mbiuki addressed a press conference at Parliament.

There is no place that the government will buy the maize at Sh2,300, he said.

He said the decision was against that of the Agriculture ministry, which want-ed maize with aatoxin bought from the farmers at Sh1,500 and that of the uncon-

Government buying the grain at standard prices countrywide, insists minister

It is unacceptable for the government to set

dierent prices for farmers in dierent parts

of the country

Eastern province MPs, from left Mr Peter Munya, Mr Kareke Mbiuki and Mr Kilemi Mwiria at a press conference at Parliament Buildings Nairobi, yesterday. The MPs asked the government to buy maize at Sh2,300 countrywide. Photo/STEPHEN MUDIARI

taminated grain to remain Sh2,300.MPs Kilemi Mwiria, Silas Muriuki, Peter

Munya, Lenny Kivuti, Emilio Kathuri and Mburi Muiru had sounded the alarm over the set prices arguing that it would lead to losses for farmers. They also claimed that the government was buying maize at Sh2,300 from farmers elsewhere in the country.

Mr Munya said it was unacceptable for the government to set dierent prices for farmers in dierent parts of the country.

The MPs said farmers are not to blame that some of their maize is contaminated, and they should all be compensated.

Government yesterday banned move-ment of the contaminated maize within

and outside the 29 aected districts.President Kibaki chaired a ministerial

team on food security at his Harambee House oce before Agriculture minister Sally Kosgei sent out the health alert.

The maize has aatoxin, a fungus that aects some food crops stored in high temperature and moisture content.

2,300The price of maize per 90-kilo-

gramme bag, before the reduction

C

M

Y

CM

MY

CY

CMY

K

7005844R.pdf 5/21/10 3:25:25 PM

C

M

Y

CM

MY

CY

CMY

K

7042887R.pdf 6/3/10 5:43:48 AM

Deans Teacher Training College which is a fully registered and approved Teacher Training College by the Ministry of Education invites applications from qualified candidates for the following courses:A. FULL TIME COURSES STARTING ON 6TH SEPTEMBER 2010

1. CERTIFICATE COURSE IN EARLY CHILDHOOD EDUCATION

i) Admission requirements D+ and above D and D minus to do a KNEC proficiency exam iii) Duration - Full time 12 months

2. DIPLOMA COURSE IN EARLY CHILHOOD EDUCATION

i) Admission requirements:- C plain and above D plus together with ECD certificate P 1 and aboveii) Duration - Full Time 15 months

B. FULL - TIME P1 COURSE STARTING ON 6TH SEPTEMBER, 2010

i) Admission requirements: C plain or equivalent and above ii) Duration Full Time 2 years

1) CERTIFICATE COURSE IN EARY CHILDHOOD EDUCATIONi) Admission Requirements

D plus and above D and D minus to do a KNEC proficiency exam(ii) Duration 2 years (During school holidays only)

2) DIPLOMA COURSES IN EARLY CHILDHOOD EDUCATION(i) Admission requirements C plain and above D plus together with ECD certificate P 1 and above(ii) Duration 2 years (During School holidays)

D. ACCOMODATION Hostels available with food and Hot showers. Reasonable charges

E. LOCATIONIn Lavington on Convent Drive off James Gichuru Road next to Rudan Junior Academy, Bus No. 46 and 48.Ezamining body for all courses is K.N.E.C.

Apply and attach photocopies of K.C.S.E. Certificate or Result Slip, School leaving Certificate and National I.D and 4 passport size photographs.To avoid delay, please come/call/apply or SMS your full names, postal address and KCSE grade to the:

PRINCIPAL, DEANS TEACHER TRAINING COLLEGEP.O. Box 25415-00603 Nairobi

Tel: 4349212/8, 0722 511526, 0710 661533Visit our Website: www.deansecdcollege.com

C. IN-SERVICE COURSES STARTING ON 3RD AUGUST 2010


CDF HEALTH CENTRES

Political meddling takes centre stage

By NATION Team

Political interference is one of the key reasons many health projects built by the CDF kitty have turned into white elephants.Nothing illustrates this clearer than

the case of Kangu dispensary in Mwea, which is still idle eight years after it was constructed.

The Sh2 million project is now in a de-plorable state. Overgrown grass covers the compound.

The dispensary was constructed by the former constituency development fund committee after villagers complained that they had were suering due to lack of a health facility in the area.

They pleaded with then Mwea MP Al-fred Nderitu to help, and the lawmaker prevailed upon the CDF committee to fund the project. However, when a new CDF team was constituted after Mr Nder-itu lost the 2007 polls, the project was starved of cash to equip it.

Now chances of it opening to serve the people look remote.

Area councillor Sammy Nyamu said: No funds are being made available since

the new team took over leadership.The dispensary, he says, was a priority

as villagers travelled many kilometres to seek medical services at Kimbimbi sub-district hospital.

Some villagers die before reaching the hospital and that was why we wanted to have the dispensary, but retrogressive pol-itics is messing up everything, he says.

He criticised leaders who liked to po-liticise projects at the expense of poor villagers.

But CDF chairman Moses Waweru de-nied that his team had denied the dispen-sary money.

He said recently his office gave out Sh150,000 to equip the dispensary but that nothing had been done.

Being blamedWe are being blamed for nothing. We have played our part and it is up to the government to ocially open the dispen-sary so that villagers can get services.

However, area medical ocer of health Jorum Muraya said Kangu, like other dis-pensaries in the area, was surrounded by controversies.

We have equipment and drugs for the dispensary, but it is becoming dicult to access it because of politics.

Dr Muraya recalled how a team of medi-cal ocers who had gone to open the dis-pensary found its gate rmly locked.

There was no one to hand over the facility to us. Ocers also found the dis-pensary in a pathetic state and without a septic tank, he said.

Indeed, a substantial amount of CDF cash in Central Province has gone to con-

In this second and nal instalment of the CDF-funded dispensaries, the NATION looks at the fate of these healthcare projects in the central and eastern parts of Kenya

Gender minister Esther Murugi (centre) at Marua Dispensary with a delegation from Southern Sudan during a tour of CDF projects. Many such projects have turned into white elephants. Photo/ FILE

struction of health centres. In the larger Kirinyaga district, Sh30 million has been spent on new dispensaries.

Out of the 25 projects initiated, 22 have been completed and are oering services to residents. But some dispensaries lack adequate medical equipment while others have no sta because they were politically established to reward voters.

There are so many dispensaries in the area, but they deliver poor services be-cause there are no facilities and they do not have enough sta, a resident, Mr Mu-riuki Kago, said.

So many projects were started. That is why some projects are listed as on-going while the completed ones are experienc-ing shortage of nurses, one CDF manager, Ms Mary Kabuga, said.

Another CDF manager, Ms Elena Mu-thoni, said that Riakithiga and Joshua-Mbai dispensaries in Gichugu urgently needed sta.

District development ocer John Mbu-gua said dispensary projects were crucial as scores of villagers were travelling long distances to seek medical attention.

But in Mathira constituency, huge

We are being blamed for nothing. We have

played our part and it is up to the government to

open the dispensary

Sh8 million model health centres in all constituencies

More health centres are to be con-structed in constituencies using funds from the Sh22 billion Economic Stimu-lus Programme.Construction of the model health facili-ties has already started in 193 constitu-encies countrywide in the programme expected to cost Sh1.5 billion.The funds are part of the ambitious Economic Stimulus Programme (ESP), which has yet to take off in some gov-ernment ministries, with some being accused of failing to spend money allo-cated to them.Mr Isaac Rinjuni, the ESP chairman at the Public Health and Sanitation Min-istry said his ministry had released the money for the construction of model health facilities in 193 constituencies. It means about 17 constituencies of the total 210 countrywide are yet to start the programme.Each of the constituencies is to receive Sh8.1 million, which is about half the total construction costs.The balance will be released when the construction is completed, Mr Rinjuni said.The announcement comes soon after Treasury permanent secretary Joseph Kinyua named the Health and Educa-tion ministries as some of those that have yet to spend billions of shillings allocated to them. Some of the money had been allocated

to the ministries under the ESP to speed up development.Construction and equipping of a model health facility in every constituency was a first step in the three-year programme aimed at upgrading healthcare facilities countrywide at a cost of Sh4 billion. Selection criteria for the construc-tion of model health facilities included upgrading existing functional dispensaries. The facilities were to be identified by stakeholders while those chosen must have no less than two acres of land.Additionally, they should be able to serve a population of 10,000 people using a well-estab-lished outpatient section. The Ministry of Public Works is expect-ed to provide suitable designs for the health centres, which includes an in-patient section comprising of a mater-nity wing, a childrens ward, and the attendant utilities and facilities. To ensure that the facilities are sus-tained, health centre management

committee members elected by the community will be trained to be respon-sible for the health sector services fund, under the ministry, and other develop-ment partners who channel money to the operations of the facilities.

The ministry will also form project monitoring and evaluation committees at the national, provincial, and dis-trict levels to conduct quar-terly monitoring visits. Healthcare reform is part of two other projects Treasury has earmarked to carry out in stages that involve construc-tion of jua kali sheds and wholesale and fresh produce markets. Finance minister Uhuru Kenyatta (pictured) launched some of the projects in Kan-gundo and Narok South con-stituencies recently.Mr Kenyatta is expected to give direction on the Eco-

nomic Stimulus Programme when he presents his second Budget in Parlia-ment on Thursday next week.He had launched the stimulus package as a short- to medium-term programme to jump-start the economy towards long term growth and development.

Samuel Siringi

C

M

Y

CM

MY

CY

CMY

K

7041518R.pdf 6/3/10 2:01:17 PM


CDF HEALTH CENTRES

as white elephants dot the landscapeamounts of money allocated to health facilities have ended up with incomplete buildings dotting the area.

According to the Mathira CDF report for the 2007/8 year, only one of the 13 dis-pensaries allocated money was in use by the start of this year.

Users of Kiarithaini Dispensary in Iria-ini West Location had to raise Sh500,000 to top up a CDF allocation of Sh732,000 as well as construct three additional con-sultation rooms.

The works contrast sharply with those at Kangocho Dispensary, where

Sh580,000 allocated to construct three rooms, but only one is half way done.

Another botched health project is the Kianjogu Dispensary in Kirimukuyu Lo-cation, which was allocated Sh100,000 for renovation. Although the allocation was on the lower side, the project committee decided to buy materials including sand and a stone-cutting machine that is now going to waste at the site.

At Gikumbo in Magutu Location, Sh150,000 was allocated to lay the foun-dation. The bulk of the funds was used to purchase construction materials, only for it to later emerge that the land earmarked for the project was owned by a church.

Gatondo Dispensary was awarded Sh250,000 to build a laboratory. Although all the money was used, only the incom-plete concrete structure was done.

A lot more money will be required to equip the laboratory while another major hurdle will be the personnel to man it.

Between 2006 and 2008, residents of Mjini slums in North Imenti constitu-ency had become used to shocking scenes of dogs and stray pigs devouring bodies interred at the neighbouring Meru district hospital cemetery.

The curtain has since fallen on those scenes following the erection of a Sh2.3

Kamuyu Dispensary in Nyeri Town constituency has stalled. Residents say building materials were stolen, and yesterday, only goats and one villager passed by. Photo/ JOSEPH KANYI

million perimeter fence by the CDF.This is part of the more than Sh22 mil-

lion spent on health since the programme was rolled out in 2003.

During the period, nine new dispensa-ries were started, especially in the remote areas of Buuri and Imenti North districts that share the funds where poor rural access roads hindered speedy access to medical care.

According to North Imenti projects of-cer James Thuranira, seven existing fa-cilities have also been improved.

But the new ones may not benet the residents as yet due to a shortage of nurses

and clinical ocers.We already have a shortage of 187

nurses in government facilities across Buuri and Imenti North districts, said Dr James Gitonga, the local medical ocer of health.

In Nithi constituency, the local CDF has already spent Sh12 million on 21 health centres, according to CDF chairman Gen-esio Kithinji.

The constituency, which is the most populous in Eastern Province, has two dis-tricts served by a single referral hospital.

More than Sh10.3 million has been spent in putting up dispensaries in Nyeri Town constituency but the intended bene-ciaries are yet to enjoying their services.

Consulting ministryThe rise in the number of dispensaries has not been matched with an increase in equipment and sta since they were initi-ated by politicians and communities with-out consulting the Ministry of Health.

A ministry ocial said due to their po-litical nature, the design of some dispen-saries does not conform to set standards.

In Muranga District, lack of sta has been cited as a major hindrance crippling health centres.

Some now charge fees such as card fee Sh20 or Sh30 to be able to cater for their day-to-day maintenance. Residents also complain of drugs shortages.

Reports by George Munene, Wainaina wa Ndungu, Charles Wanyoro, Muchiri Gitonga and James Ngunjiri

20Amount of money in shillings villagers

pay for cards in some dispensaries

C

M

Y

CM

MY

CY

CMY

K

7043514R.pdf 6/3/10 3:37:40 PM


May justice be our shield and defenderThe reported intimidation of a judge, ostensibly by some interested parties allied to one of the contestants in an election petition, is a most deplorable development.

We must take as true the complaint by Lady Justice Kalpana Rawal that she has been receiving threaten-ing, oensive and untrue messages since May 30, an event that has forced her to withdraw from hearing the petition any longer.

After all, judges do not disqualify themselves from hearing cases on a whim or because they would rath-er be doing something else.

We do not know the content of the text messages, but we assume, and hope, that the police do, so that they can launch immediate investigations.

This is absolutely necessary so that those found to be guilty of this gross oence can be punished in an appropriate fashion, and in that way deter others who may be tempted to try and subvert the ends of justice through oensive and cowardly ruse.

The reason why such heinous activity is to be dis-couraged are many and varied. Justice, as our Nation-al Anthem says, should be our shield and defender.

And it is, indeed, our shield, for without a struc-tured method of defending the weak from the strong, the law-abiding citizens from the crooks, and the wronged from their assailants.

It is patently ridiculous to claim that because for some considerable period the Judiciary has been under assault over claims of incompetence, corrup-tion and many other ills, we can dispense with it. If we tried to, we would shortly be inhabiting a world where, as the philosopher Thomas Hobbes put it, life is solitary, poor, nasty, brutish and short.

The essence of the rule of law is that we all ought to have an umbrella under which we can shelter from the rain and the sun. Should there be a couple of holes in that umbrella, we do not simply throw it away.

On this particular petition, one of the parties feels aggrieved and seeks justice. He feels he was cheated of victory during the 2007 elections, and so he went to court to seek justice. The onus is now on the one whose election is being challenged to use the same means to establish the truth, and thus exonerate him-self. There can be no short-cut.

Now, if mischief is allowed to play a hand in this procedure, how can the truth ever be established?

It is upon the police to take this matter very seri-ously indeed. Trying to intimidate the judicial ocers is just as bad as trying to corrupt them, and should be treated with equal, if not greater, severity.

Y ESTERDAYS BACK PAGE headline in the Nation, Anger over rise in road car-nage, was a masterpiece of understatement. According to police reports, at least 1,000 people died in road accidents from January to April. And 10 died every day in May.

We are either totally reckless and have little regard for life, or we have learned the hard way that the bad guys always win and the rest can go hang.

It has also been a week when we got rare tough talk from President Kibaki, who, in his Madaraka Day speech, railed at the police for failing to stop accidents and death on our roads.

The touts, matatu drivers and their employers were not listening. In tel-evision interviews, many were in a jo-vial mood, not even bothering to conceal their identities. They gave the impres-sion that they were used to such ghting language, quickly followed by business as usual.

More than 10,000 drivers are report-edly arrested and taken to court every month. The punishment meted out must be more of a slap on the wrist than a pain in the backside.

Besides, there is little talk of accounta-bility of the owners of the vehicles, many of them prominent Kenyans who may well include police ocers.

Road carnage is a story we have lived with for far too long. We have the data. We know the faces behind the statistics. We have been told that the trac police commandant wants more money to spend on things such as Alcoblow and whatever else might clear reckless driv-ers o our roads.

What the President et al do not appear to have taken into consideration is the fact that we love to live dangerously. It is like we have been programmed to have little or no expectations of the leader-ship, and have lost the hope of gaining

control over our situation.We can invest in equipment and jam

police cells with drivers and conductors with a death wish, but we cannot run away from the fact that our wounds are self-inicted.

What is to be done with the passen-gers who get into ramshackle vehicles and keep mum as the crew break the road rules blatantly or the drivers of private vehicles who will cut corners even as trac police conveniently look the other way?

We have never been able to wrap our minds around the mayhem on our roads for one simple reason: The public trans-port industry is a reection of the soci-ety that we are. We are a suicidal nation from the way we do politics, to the way we socialise and conduct business, and even in our private lives.

OUR PEOPLE APPEAR HELL-BENTon making their lives as chaotic as pos-sible, on and o road. From worshipping godforsaken politicians to young women who think little of exposing themselves to HIV and Aids and then pop the emergency contraception pill into their mouths like sweets, we are determined to gamble with our lives every day.

With all due respect to Mr President and the families that live with the an-guish of losing loved ones so needlessly, we cannot hope to rein in chaos on the road when our politics is so chaotic.

Just for a while, when John Michuki was in charge of transport, we got a glimpse of what life could be if we played

by the rules. We should have cloned him when we still could.

President Kibaki should get aming angry more often. The problem is that his bouts of temper do not last, and we quickly lapse into our bad old ways. Some we appear unable to shed alto-gether, like letting the political class run rings around us.

Since the President has a legacy to think of, here are some nasty habits he might also want us to ditch:

Fear of thinking independently: This presents itself as the ethnic card, and is probably going to be a hard nut to crack, but you really must encourage us to get out of the herd mentality, which means that you often can predict, with-out a word being said, where the people of which region and which alliance will vote on national issues. Tell them that no one will be spared should Kenya go to the dogs. The blood shed will be one colour red.

The art of doublespeak: We seem to be especially fond of saying one thing and doing the opposite. We say yes during the day and quietly give the thumbs-up to no during the night. It is too confus-ing for ordinary citizens, and might lead to the herd stampeding and destroy-ing everything you have worked for.

Dirty tricks: You must be aware of the cash crisis at the secretariat of the Com-mittee of Experts and the likely impact it will have on your pet project the con-stitution which some in your kitchen Cabinet appear to view as a political threat. You might need to get really angry again if the purse-strings are to be un-done enough for civic education to take place eectively.

There are thousands other things to get furious about, ladies and gentlemen, and you are welcome to make additions to the list.

[email protected]

Fury is ne, but when shall we take charge of our lives?

REAL ACTION NEEDEDLUCY ORIANG

ROAD CARNAGE IS A STORY WE HAVE LIVED WITH FOR FAR TOO LONG

A PUBLICATION OF NATION MEDIA GROUPLINUS GITAHI: Chief Executive OcerJOSEPH ODINDO: Editorial Director

MUTUMA MATHIU: Managing EditorPublished at Nation Centre, Kimathi Street and printed at Mombasa

Road, Nairobi by Nation Media Group LimitedPOB 49010, Nairobi 00100

Tel: 3288000, 0719038000. Fax [email protected]

Registered at the GPO as a newspaper

Police still must answer

T he ongoing eort to restore sanity on our roads will for a while inconvenience com-muters who rely on public transport.But it is a welcome and necessary move that hopefully will reduce the horrendous death toll from trac accidents.

The shame is that the police were content to sit with arms folded as the murderous road culture that had been tamed by the Michuki Rules crept back.

It did not require a presidential edict for ocers of the trac department and other branches of the po-lice force to do the job they are employed to do.

Those guilty of the dereliction of duty that has caused the death of so many on our roads must be held to account.

The statistics speak for themselves: At least 1,000 people have died and many more maimed in road ac-cidents in the rst four months of this year. At this rate, we can expect at least 5,000 deaths by the end of the year. Who will end this madness?

DAILY NATIONFriday June 4, 201012 | OPINION

P OLICING THE P OLICETENNILLE DUFFY

Oversight body sorely neededWHILE THE PACE OF POLICE reforms in Kenya might be slower than many would like, it is heartening to see the Police Reform Implementation Commission at work and in the public arena.

The Commission is charged with co-ordinating the implementation of some 200 recommendations made in the re-port of the task force on police reforms headed by Mr Justice Philip Ransley.

One important recommendation was the need to establish a body for inde-pendent police oversight. Recently, the commission, along with various stake-holders from government, police and civil society, met to discuss a draft Bill for an Independent Police Oversight Au-thority.

The workshop, held over two days in Nairobi, was organised in partnership with the commission and The Usalama Reform Forum (TURF) a civil society forum in Kenya dedicated to reforms in the security sector.

What is promising about such diverse players coming together to discuss a vital aspect of police reform is that it indicates

that reform can truly be a consultative process with room for all voices to be heard and considered.

One of the hallmarks of democratic policing is that the police are held to account for their actions something that has certainly not happened in the past as Kenyans suer under a culture of impunity.

The ills that plague the police are well known corruption and human rights abuses are some of the most serious among them, and a general level of poor service delivery to the public.

The report of the task force recog-nised that oversight of the police was sorely needed.

ALTHOUGH THE POLICE NEED TO S-et up internal mechanisms to monitor and sanction the actions and misconduct of individuals, this needs to be comple-mented by a strong and eective exter-nal, independent police oversight.

The proposed constitution talks of an authority that will be staed by civilians and that will handle complaints against the police.

When nalised, the Bill should ensure

that the authority has a strong mandate, to not only monitor but to actively inves-tigate the police whether as a conse-quence of a complaint from the public, or as a result of a report of death or other serious allegation at the hands of a po-lice ocer.

The government needs to ensure that the authority has the teeth it needs to get to the bottom of even the most se-rious allegations of corruption, killing, and torture.

This means that the authority should seek and require the assistance of the police, and have the powers of a court to subpoena evidence and witnesses.

The assistant minister for Internal Security has stated that the creation of the authority is a priority in the police reform process.

One would hope that the Bill that emerges from this consultative process sees the emergence of a robust, fully-in-dependent and powerful Police Over-sight Authority.

Tennille Duffy is a programme officer, Ac-cess to Justice (East Africa), Commonwealth Human Rights Initiative

WHILE ADDRESSING THE residents of Western Prov-ince recently, Higher Educa-tion minister William Ruto is reported to have said that provincial jobs will go once the new constitution comes into eect.

It is true that the provincial adminis-tration as we know it today will give way to a new form of government at the na-tional and local level which is more ac-countable, responsive to the popular will and not at all authoritarian as the present system has been since independence.

In fact, even the British colonialists who created this system dont have it in their own country; the British form of government is much more devolved than what they imposed on us.

What is not true, however, is that those who are currently working in the provin-cial administration as civil servants will lose their jobs in the civil service. On the contrary, they will be deployed into new civil service positions in line with the re-quirements of the new constitution.

AFTER ALL, THIS IS WHAT HAPPENED to civil servants in the colonial adminis-tration who superintended the transition from colonialism to independence.

Speaking in Eldoret, Mr Ruto said there was no room for administrators in the proposed constitution as coun-ties would be run through a council-like structure.

It is dicult to comprehend what he meant as we have elected councillors at the moment while assistant chiefs, chiefs, district commissioners and provincial commissioners work as civil servants.

The new constitution does not intend to abolish the civil service nor will politi-cians run matters without the state. On the contrary, the new civil service will be-come more accountable to elected lead-ers at the county and national levels.

To ensure that the present civil serv-

ants will not lose their jobs, article 262, which is the Sixth Schedule dealing with transitional and consequential provi-sions, states very clearly, in part 2 (6) that except to the extent that this constitu-tion expressly provides to the contrary, all rights and obligations, however arising, of the Government or the Republic and subsisting immediately before the eec-tive date shall continue as rights and obli-gations of the national government or the Republic under this constitution.

Holders of existing oces are fully pro-tected when the new constitution comes into eect.

It is stated very clearly that a person who immediately before the effective date (of the coming into being of this constitution) held or was acting in an oce established by the former constitu-tion shall on the eective date continue to hold or act in that oce under this Constitution for the unexpired period, if any, of the term of the person.

This particular section of the transi-tional provisions goes into great details regarding how to absorb oces, func-tions and roles provided for under the old constitution into the new one.

Where functions, roles and oces are abolished, individuals who performed

those roles and functions will have to be retooled into performing new roles and functions. After all, it takes a lot of re-sources and time to train managers and public administrators.

It would take a very foolish govern-ment to do away with highly trained human resources simply for the sake of implementing a new constitution. It is much better to retrain what exists and then replace them with new recruits as the old ones retire or die.

The main strategy of the NO campaign seems to be to create fear and uncertain-ty among Kenyans regarding our future under the new constitution. The provin-cial administration is no exception. If the No campaigners can convince the pro-vincial administrators that they will lose their jobs, then they are obviously going to vote NO at the referendum.

BUT MR RUTO WAS IN NAIVASHA WH-en the Select Committee of Parliament was putting a stamp of approval on the Transitional and Consequential Clauses. He fully concurred with the manner in which the positions of the provincial ad-ministrators were secured.

Later in Parliament, as we debated the draft constitution, no amendment was moved regarding this Sixth Sched-ule; not even by Ruto himself. How come that this now becomes a major weakness in the constitution?

During the 1988 mlolongo election when short lines were declared to be longer than long lines, and those defeat-ed were declared winners by the Kanu regime, Mr Mwai Kibaki was so disgusted with the blatant rigging that he warned that even when one wants to lie, he or she should lie intelligently!

I hope in this campaign, those bent on telling lies at least do so intelligently.

Prof Nyongo is the minister for Mdical Services and co-convener, the YES Campaign.

Provincial administrators will not lose their positions under new constitution.

TOO MANY UNTRUTHSANYANG NYONGO

This is what will happen toprovincial administrators

The Cutting Edge

BY THE WATCHMANThe roadmap to the new constitution, Onyango Olare notes, clearly stipu-lates, among other things, that the campaigns should take place only after the completion of civic education. He adds: However, what we have

been seeing lately is a very vigorous campaign both for and against the draft. Can the politicians, please, give us a break until the end of the civic education? Who will stop this madness?

He may have sorted out the passport issuing section at Nyayo House, Nairobi, but Immigration minister Otieno Kajwang still has plenty to do, says Tembez Mbaya. After he lost his national identity card, Tembez went to Kamuku-nji police station for a police abstract and was attended to without any hassles. But at the National Registration oces at the Kariakor DOs oce, the sta not only lack courtesy, their lunch break takes more than two hours. His email is [email protected].

Since Telkom Kenya intro-duced its CDMA service, J. K. Wachira says, the peo-ple of Makuyu in Muranga South have been expe-riencing an extremely poor network. And to add insult to injury, there is no network at all for the

Orange mobile phone service. He has com-plained to the customer care desk numerous times and even called person-ally at Extelcoms House, to no avail. His contact is Tel. 020-2061646, 0770271455.

Results for students who sat the medical laboratory techni-cians exam on February 8 have not been released to date, Samuel Njoroge says. On enquiring at the Kenya Medical Laboratory Technicians and Technologists Board oces in Nairobi, Samuel says he was told the problem was the fail-ure by the minister for Medical Services to appoint new board members. Were missing opportunities as a result, he moans. His email is [email protected]

Every time he passes by the Central Bank of Kenya on Haile Selassie Avenue, Nairobi, Telek Ongaro says hes appalled at the eyesore of old furniture and other office stuff dumped at the back of the building overlooking

Extelcoms House. Cant they find a place to store the stuff out of sight or auction it off? Being the Central Bank, they can, surely, afford to be a lit-tle tidy instead of throw-ing things around in their compound.

Calling Roads minister Franklin Bett all the way from Kisii is Fred Monari, who is alarmed at the crater-like pothole right in the middle of the Kisii-Kisumu highway. The of-fending feature is at Nyamataro shopping centre, four kilometres from Kisii town. What is even more intriguing about this pothole is that it has existed for several years now and is to blame for some of the accidents at the spot.

During a recent visit to KCBs Buru Buru branch, Kariuki Kiiru says, his curiosity was aroused when he noted that there were only two men on the entire staff. He asks:Is this a mere coinci-dence or is it part of the affirmative action some

people have been clam-ouring for? Im disap-pointed as I can hardly get man-to-man atten-tion at this branch, he concludes. His email is [email protected].

Have a balanced day, wont you!

E-mail: [email protected] or write to Watchman, POB 49010, Nairobi 00100. Fax 2213946

Snapshots

Brad Pitt wants US to host World Cup

Actor Brad Pitt has added his name to the US bid committee seeking to host the World Cup in 2018 or 2022, US Soccer says. Pitt joins former President Bill Clinton, former Secretary of State Henry Kissinger, director Spike Lee, and California Governor Arnold Schwarzenegger on the committee.

Unlike most emerging Hollywood stars, theres nothing Russell Brand wont talk about. At 34, hes practically al-ready said and done it all. The British, brash, self-confessed former sex, heroin, and crack addict whose pranks and an-tics included being forced to resign as a BBC radio host after lewd phone calls, is now rising through the ranks of Hollywood movie stars in roles that show o his famous, fast-talking ways.

DAILY NATIONFriday June 4, 2010 OPINION 13

The editor welcomes brief letters on topical issues. Write on e-mail to: [email protected] You can also mail to: The Editor, Daily Nation, POB 49010, Nairobi 00100. Letters may be edited for space, clarity or legal considerations.To the Editor. . .

TALKING P OINT

Is there mischief in the court ruling on kadhis courts?

Muslim women protest at the removal of kadhis courts in the proposed constitution outside a Mombasa mosque . Photo/FILE

T here has been so much outpouring of anger across the country following early last weeks High Court ruling on the constitutionality of kadhis courts.

In the context of the referen-dum campaigns, many people, particularly those who support the draft constitution, read mischief in the three judges decision.

They impugn the judges impartiality and integrity, and even question the presence of one of them on that specic bench.

As the Attorney-General prepares to appeal against the judgment that declared the ka-dhis courts unconstitutional, though they are in the Consti-tution, some MPs say they will move a motion in Parliament to discuss the judges conduct.

The greatest fear that quick-ly ran down many Kenyans spines was the rulings legal import vis--vis the much-hyped referendum, slated for August 4. Perhaps this is why the government immediately rushed to reassure the public that the referendum and its date are safe.

But is the ruling part of a conspiracy to derail the plebi-scite by the so-called anti-re-form activists?

This appears to be the gen-eral consensus, judging by the

deluge of reactions. Only Christian church lead-

ers and politicians opposed the draft have so far applauded the ruling. All Muslim clerics and politicians on the green side of the proposed constitution are up in arms against the judges. They are questioning the judgments timing.

Apparently the case has been lying fallow in the court shelves ever since it was led in 2004. Hence, the whi of conspiracy by somebody dust-ing the ruling and reading it out two months to the crucial referendum.

Yet it may still turn out that the judgment was not a prod-uct of any conspiracy at all, but a case of coincidence and that

I will vote Yes in the coming referendum for three reasons.

One, Kenyans have been ghting for a new constitution since independence, and this is the only opportunity we have to acquire it.

Two, the Cabinet will be appointed from outside Par-liament, and this will reduce tribalism and nepotism.

And three, the fact that any-one eyeing the presidency can-

somebody seized the angry moment to blame it on the No campaigners.

JOHN KIBET,Eldama Ravine

not contest a parliamentary seat and, if he does not win, he cannot hold any public oce for at least ve years. This will ensure seriousness during an election, and only serious poli-ticians will contest.

MERLIN WABUTI,Bungoma

It beats imagination why the No camp should expect the government to fund their campaigns to oppose the pro-posed constitution, a govern-ment project.

The government has a duty to educate Kenyans so that they may make an informed decision, but not to finance the activities of a group that has come out clearly to under-mine its eorts.

Accusations have been y-ing around that the Yes camp is using government machin-ery for their campaigns.

For example, the No activ-ists argue, during the recent Madaraka Day celebrations, it was logical for the Yes lead-ers to give an account of gov-ernment achievements since independence, and that the proposed constitution is one of them.

Let each camp hold on to their strongest points and keep their ngers crossed.

HARUSI BAYA, Mombasa

Thefts at G4S need action

For the past few years, Ken-yans and investors have held G4S as the betteroption in terms of security services.

It is true that the companys servicedelivery is all right, apart from the transit cash hitches.

But following a series ofthefts involving millions of shillings over the span of about one year, Kenyans andinvestors have lost condence in the rm. What does the G4S management intend to do to restore the condence?

The companys image is now besmirched in the publics eye. Quick action is, therefore, needed since even the stas image has been tarnished. They will nd it dicult to se-cure jobs elsewhere when they nally leave G4S one day.

The governmentsintelligence unit should come to the rms help to stamp out, or even reduce, thefts by its own employees.

PETER MWANGANGI,Nairobi

I spent my Madaraka Day sit-ting at the side of my 80-year-old fathers hospital bed.

Watching him writhe with pain lled my soul with con-tempt for a country that is evidently ignorant of its own people and their needs.

I remembered all the sto-ries he had told me about how the people got the freedom to do what is useful to them, and about the unsung heroes blood that soaked the soil dur-ing the war of independence.

I saw in his eyes the pain of betrayal of utter deceit by those now enjoying the fruits of uhuru. They are sucking the heroes blood.

I remembered also the grue-some accounts of the persecu-tion he and fellow foot soldiers suered as their persecutors took all the credit.

WACHIRA MAINA,Ongata Rongai

Painful feeling of betrayal

I wish to support EnockOnsandos sentiments about South Africa, as contained in a letter in the Daily Nation of June 3. 2010.

After a lot of scepticism andthe usual negative public-ity on Africa, it took a lot ofbrainstorming, commitment

and focus on the part of the Pretoria government to buildsplendid infrastructure in readiness for World Cup.

Although criticsargue that those ultra-mod-ern stadia will become mere monuments after thesoccer extravaganza, they forget about the cor-porate image that therainbow nation will gain.

Unfortunately, how-

ever, as far as corpo-rate image is concerned,Kenya scores more dismally than its neighbours.

We have nothing to showcase to the world, except the usualwildlife and sandy beaches and the bland, cacophonous shouts of najivunia kuwa Mkenya (Im proud to be a Kenyan).

That none of the32 countries headed for

South Africa will make even a brief stop-over in Kenya tells a lot how the country isperceived.

We need to ask ourselves why African representatives prefer camps and friendlies in Europe before ying down south. In contrast, Tanzania seems to be thinking outside the box.

SILAS NAMBOK,Nairobi

S. Africa will gain from World Cup

We expect a very huge boom in the property market since many people have desired to stay in the South Coast due to its beautiful beaches, but have been discouraged by frequent trac snarl-ups due to break-downs of the vessels. Myspace Properties chief executive officer Mwenda Thuranira, on welcoming the arrival of two brand new fer-ries in Mombasa on Wednes-day

As far as Im concerned, we can lose all the three group matches provided we play en-tertaining football... Slovenia World Cup soccer coach Matjaz Kek

Quotes Today is Friday, June 4, the 155th day of 2010. There are 210 days left in the year. Highlights in history on this date:1943 Military coup in Argentina ousts Ramn Castillo.1956 A proposal by Arabs in Ken-yas Coast province that the strip of land occupied by members of their commu-nity secede from Kenya and form an au-tonomous state, is strongly opposed by George Ursher, the Legislative Council member for Mombasa. 1956 Egypt announces that it will extend the Suez Canal companys conces-sion after its expiry in 1959.1959 The East African Professional Hunters Association, whose membership was exclusively European, becomes a multi-racial organisation.1963 Prime Minister Jomo Keny-

atta holds talks with Mr Abdulla Issa, the Foreign Aairs minister for Somalia, on the secession plea by the people of the Northern Frontier District.1970 The Kingdom of Tonga, an island in the Pacic Ocean, becomes a member of the British Commonwealth.1970 Nairobi University bids fare-well to its Principal Dr A. Porter to be succeeded later in the year by Dr Josphat Karanja.1982 Nairobi Lawyer John Kham-inwa is detained.1989 Ali Khamenei is elected Su-preme Leader of Islamic Republic of Iran by the Assembly of Experts after the death of Ayatollah Ruhollah Khomeini.2000 President Mois Range Rover collides with a matatu at the Museum Hill roundabout in Nairobi.

2001 Sirisia Member of Parliament John Munyasia rules out the possibil-ity of his party, Ford Kenya, cooperating with the Democratic Party to drum up political support.2002 A 17-member media council, to promote ethical conduct, is launched by professional practitioners to counter a proposed media-gagging Bill.2007 President Kibaki leaves the country for a three-day visit to Libya to consolidate growing ties between Kenya and the North African state.2008 The director of the KenyaAn-ti-Corruption Commission, Mr Justice Aaron Ringera, appears before the Fi-nance, Trade and Industry parliamenta-ry committee over the transfer of Grand Regency Hotel in Nairobi to the govern-ment.

Today in History Compiled by Anniel Njoka and Agencies

2001 Death toll in the Gucha-Trans Mara border clashes reaches 21 as Presi-dent Moi challenges the local leaders to put out the res. Former Finance minister Simeon Nyachae protests that this problem should be ad-dressed rmly as a national responsibility.

Bad nursesBRIEFLY

My mother says I was born at one of Kenyas largest referral maternity hospitals Pumw-ni in Nairobi. She has fond memories of the old hospital and its nurses. But I wonder if nursing generally was a call-ing then and not now. Every so often, we hear sad stories of how mothers are mistreat-ed at the public facility, to the point of losing their babies. Lets remember that moth-ers labour under the weight of nine months of pregnancy. To add the twin trauma of losing ones baby and being mistreated by inhuman nurs-es is unbearable. There are good, hardworking nurses, of course.

WAHOME WARIBU,Nairobi

Killer treesWhile the trees on the Thika highway near the Central Kenya town help to make the place beautiful, they have now become a killer. Many Kenyans have lost their lives under these trees, the latest being on Thursday when a matatu went out of control and hit a tree, killing nine passengers. The trees are too close to the road and in case of a tyre burst or loss of con-trol, the vehicle driver has little choice but to hit one of them. The trees disadvantag-es far outweigh their advan-tages, so I ask the authorities to have them cut down. The issue buildings are too close to the road.

JOHNSTONE KIMONYI,Thika

This is a lieRecently I attended a rally in Nandi Hills addressed by a Cabinet minister. He said that if Jesus were to be con-ceived in Kenya with the new constitution in place, Joseph would force Mary to procure an abortion the following day since the law allows it. Isnt this blasphemy? And it shows how low our leaders can sink in peddling lies and propa-ganda. I commend President Kibaki for directing the au-thorities to act on politicians bent on hate speech.

GEORGE TARUS,Nandi Hills

DAILY NATIONFriday June 4, 201014 | LETTERS

CM

Y

CM

MY

CY

CMY

K

7043971R.pdf 6/3/10 3:42:23 AM

C

M

Y

CM

MY

CY

CMY

K

7028402R.pdf 5/27/10 3:28:13 PM

C

M

Y

CM

MY

CY

CMY

the nation, 4th june 2010

Documents

mr odinga

civic education

prime minister raila

treasury oce

civic education

treasury building

civic education

world stagecontinued