A Case for Increasing the Impeachment Threshold for Governors

Its is sad and must be condemned thoroughly, the action by Kericho Senator Keter to subvert efforts by the Kericho Governor to seek judicial interpretation on the roles of the County Executive versus County Assembly! After numerous functional conflicts with the County Assembly, the Good Governor of Kericho County decided to file a constitutional case to obtain a judicial interpretation of the functions of the two arms of government at the county level. In panic or some such such untoward reasons, the Members of the County Assembly decided to give notice of impeaching the Governor on the grounds of inter alia, insubordination! The Senator, Hon. Keter, then step in to loudly mediate by getting the Governor to withdraw the public impact judicial case in exchange for the MCAs withdrawing the impeachment- an obvious blackmail act by the MCAs. Shame on you Hon Keter! Shame on you Kericho MCAs! Truth be told,Many more County Assemblies are engaging in this blackmail of the County Executives, only that its not coming to the public. In the foregoing, I propose that the impeachment process of Governors be raised by the Senate to be proportionate in benchmarks to that of the President. The MCAs must be managed to provide political leadership not to practice rogue blackmail on the County Executives! Do you feel me?

Anti-Terrorism is Mandate of Kenya Defence Forces

On security, lets ask the right and hard questions if we are to get the right answers. 1. Our constitution, The Constitution of Kenya 2010 Chapter14 Article 239 identifies the national security organs as the Kenya Defence Forces, National Intelligence Service and the National Police Service with a main objective of promoting and guaranteeing NATIONAL security subject to the constitution (Article 238) 2. Article 241 establishes the Kenya Defence Forces being the Kenya Army, Kenya Air Force and Kenya Navy with a specific responsibility to provide defence and protection of the Republic's sovereignty and territorial integrity {Article 241(3a)}. 3. Article 242 establishes the National Intelligence Service specifically being responsible for security intelligence and counter intelligence to ENHANCE national security and 4. Article 243 establishes the National Police Service consisting of the Kenya Police Service and the Administration Police Service with its mandate stipulated in Article 244 specifically being; (a). Strive for the highest standards of professionalism and discipline among its members (b). Prevent corruption and promote and practice transparency and accountability ( c). Comply with constitutional standards of human rights and fundamental freedoms (d). Train staff to the highest possible standards of competence and integrity and to respect human rights and fundamental freedoms and dignity and (e). Foster and promote relationships with the broader society. Period! The questions now; i). Why are we directing our anger to the police when the problem of terrorism is an assault on our sovereignty and Republic's territory? This is the constitutional mandate of the KDF and not Police! ii). Why are we cursory when all national security intelligence is the unequivocal constitutional responsibility of the NIS? Why have we let their shadowiness shroud their incompetence and beat us to pulp silence even when being blasted to death as a result of their omissions and undoing? iii). What really are the thousands of our KDF soldiers doing in their barracks when their constitutional mandate is dilapidated by their inaction? My take: 1. Recall police from the country borders and entry points and let the constitutionally mandated KDF take their positions pronto and this does not require parliamentary approval! 2. NIS should justify their pay. Lets publicly scrutinise and take NIS to task. Parliament is the start point for this. 3. Lets demand the constitution to be implemented to the letter by KDF being appropriately deployed. Lets not be cheated, the soldiers in Somalia do not even make 1 battalion and they do not render the thousands in the barracks impotent to man our borders and entry points. Gen Karangi, kindly execute you constitutional mandate and man borders and entry points like from yesterday. 4 . Last and most important let all of us squarely blame KDF and NIS for any misfortune that will henceforth befall us courtesy of terrorism. Halloo? Are you with me?

THE PROBLEM WITH GOVERNORS' SO FAR

1. They have moribund communication and public relations departments. Most Governors' just picked media practitioners mainly from mainstream media houses without much experience in managing and cultivating corporate and political image. Most of the websites, no all the websites, of the County Governments are worse than child's play! They do not have the Governors' and his executives schedules and speeches. Do not have downloadable relevant County Governance documents like CoK 2010, Devolution Laws, County Government Bills (say Finance and Appropriation Bills); The County's biodata; No link to relevant national government websites and totally have no relationship let alone link to County Assembly websites thus denying access to the County Assembly hansards. 2. They have rewarded friendship rather than capacity in appointing of advisers. Most have advisers who have no networks independent of the governors in the counties. In addition to that most of the official advisers only took note of devolution when their governors won. I mean, I suspect most advisors have no readings and do not take to reading on devolution legally, politically and literally speaking. 3. Not engaging the public Almost without exception, the Governors are treating the public as recipients of governance and not participants in governance of their counties. They only use opportunistic meetings and forums to highlight on what their governments are doing or planing to do. Despite the Constitution of Kenya (2010), County Governments Act, Public Finance Management Act etc providing for definite public participation in planning, approval, execution and monitoring of governance activities in the counties; none of the Governors have made deliberate efforts to develop definite frameworks for public participation especially for bills and policy development. 4. Lack of language diligence. In crafting their communication especially the bills has exposed their poor official eloquence underbelly. Take for instance the current headache they are having on the finance bill; mortuary charges have always been there but when you call them taxes you are saying something else. They should easily get this done by getting to expose what the charges were before the finance bill and explain that the reflection now is resultant of health facilities now being under the county governments. Slaughter, upkeep and vaccination of livestock and pets have always been in our laws. They should just makes copies of former municipal authority budgets and financial projections to prove that they are not bringing anything new! 5. Abandoning their manifestoes All Governors without exception had campaign manifestoes; both party/coalition and individual manifestoes, yet they have abandoned them exposing as headless chicken just firefighting on all fronts including the County Assembly, civil servants, Senators, Members of National Assembly and opponents in the last election. 6. They believe the campaign lies! That a good Governor is a manager NOT a politician! Hear me dear Governors and hear me good: So long as you participated in elections, you campaigned and people voted for and against you; you are not only a politician but by being the winner you are expected to be on top of the political game here. Godspeed!

IS DEVOLUTION FAILING OR IS DEVOLUTION BEING INTENTIONALLY SABOTAGED?

Are the governors digging there own graves? Whats drives the national government so enthusiastic with the performance of the county governments without showing the same enthusiasm towards its own performance? Why are the governors seemingly making the same mistakes ala the finance bill and the numerous taxes all over? Are the taxes really new or are they just getting highlights now. Are the taxes really taxes or charges for services actually rendered? Why did those national government mandarins castigating governors for only spending on recurrent and not development be honest enough to also insist that the Auditor General's Report 2013 was a quarterly progress report for the financial period March -June 2013? That during this time; - All financial transactions and budget priotisation being implemented thus was by the national government through the Transition Authority? -That most of the governors' had not yet even constituted their County Executive Committees? -During the same period, the national government expenditure ratios for recurrent versus development was worse in favour of recurrent? -All governors for the first time took partial control of their expenditures on 1st of June 2013? Again I ask, is the architecture of devolution so intrinsically designed to fail or devolution is being systematically being fought from the national government and other centrists in the civil service? Business community and political stakeholders of all kinds?

DEVOLUTION 2014 AS SEEN FROM 2013.

1. The UhuRuto Presidency will increase waxing lyrical on all the politically correct messages on devolution. Governor's may just creatively use these statements to secure more political commitments. NB, not necessarily to the exclusive benefit of the citizenry. 2. Senators will get egged on by the National Assembly to engage the Governors in backyard wars political supremacy being the allure. 3. Governors are going to be media darlings for main media houses. Media is keen to reduce the feel most important sense by the national government! 4. Members of the County Assemblies will fumble through and emerge the most bruised from the ongoing battle for space and relevance 5. Almost all laws, policies and plans will variously be petitioned by the county citizenry. 6. Political party lines will blur between the governors 7. Petitions to collect signatures for recalling Members of County Assemblies and Senators will be the highest. 8. Attempts to amend the constitution will target; Giving Governors a bigger role in homeland security (may succeed); Make education a county function (will fail); Increase the minimum threshold of fund allocation to counties from 15% (May fail); Separate county elections from national elections (will succeed)

GOOD ADVICE IF YOU ASK ME

Mr Julius Kipng’etich, Equity Bank’s chief operating officer, told the governors they would have to take the difficult route of having some civil servants shown the door because they were not prepared for devolution. “Leadership is about having willing followers. The reality you have on the ground is that you have no followers,” said Mr Kipng’etich, a former head of the Kenya Wildlife Service, credited with putting it in the right track. “You need to negotiate for a massive reorganisation of the public service. If you don’t do that, you will not be re-elected. The public service wasn’t prepared for devolution. I know them. Some of them might have swallowed you already,” he said. He told the county chiefs at the on-going Governors’ Summit in Naivasha that, without workers who knew what their agenda was, they would have a dismal record at the end of their terms. After the reorganisation, he said, the governors would then pick staff they could work with and the rest would have to leave.

On The Flip Side Of It! - By ndolo asasa Esq.

We all knew and know that team UhuRuto worked so hard to win the Presidency so as to cushion themselves from the vagaries of ICC including trial; why are we then feigning surprise when it becomes evident that all charade must be stopped and the hard-won Presidency serves its intended purpose? Panafricanism is an old rabbit trick pulled from the 48 Laws of Power of appealing to the emotion. The UhuRuto have called the ICC bluff, will ICC prove itself? A number of critical questions here; 1. Is team UhuRuto that scared to face a prosecutor they allege has done shoddy investigations? 2. Do the AU presidents have the political muscle in their parliaments to pull of the mass walkout which must be authorised by the said parliaments? 3. Can ICC stand such a pull out and still claim the high moral pedestal? 4. If UN/ICC yields to the AU mandarins' demands, what assurance is in place that the African Presidents will not turn to be ogres to eat their own children and refuse to hand over power - since handing over power means exposing oneself to ICC prosecution? 5. What will dissuade the military and other adventurous individuals from staging coups and sticking to power hence thus sitting pretty and going scot-free. 6. Do the people of African countries- including Kenya, have the capacity to stand up against their now threateningly marauding Presidents? Who will bell the cat here?

Transition Authority Has Slept on the Job.

So, what is really problematic with devolution take off? I am sure it is not the constitution of kenya 2010. It is not Isaac Ruto and its not political parties. My take is, The Mwangi wa Kinuthia led Transition Authority is the biggest stumbling block. First, its composition is entirely made up of National Government appointees as if County Governments have no stake in the transion. It should be reconstituted asap! 2. They shamelessly engage in double speak! They are supposed to have identified and costed all functions due for devolution by 30th June 2013. This is a key consideration for transfer of functions. They have not done so and then baselessly parrot that the County Governments have no capacity? 3. They by law, have made an inventory of all resources including personnel and appropriately re-assigned them to either levels of government. This immediately addresses the irritation they call capacity. It is my fear that this capacity this is Sessional Paper No 10 of 1965 being sneaked back to again categorise some areas as high potential and others low and thus deny them funding. This is manuring inequality. KInuthia wa Mwangi, GO HOME! You have slept on the job. NO REST!

KEYNOTE ADDRESS TO THE WARD REPRESENTATIVES ASSOCIATION OF KENYA INAUGURAL CONVENTION

By ndolo asasa Esq. – Devolved Governance Consultant & Secretary, The National Civil Society Congress (Jukwaa la Katiba) On the 1st Day of August 2013 At Sai-Rock Hotel- Mombasa. The Governor of Mombasa, Chairperson of The Ward Representatives Association of Kenya, Honourable Members of County Assemblies in Kenya, Ladies and Gentlemen; Good morning? Am humbled to be with you today and even more so giving this address at this particular moment of the inaugural convention of the Ward Representatives Association of Kenya. The task on your shoulders as Ward Representatives and Members of the 47 County Assemblies is enormous, starting with the delivery of devolution that Kenyans expect delivered intact and immediately. Devolution is the revolution in the Constitution of Kenya (2010), you are the guardian angels and face of that devolution revolution, you are the custodians of the people’s hope for change for the better and the aspirations and spirit of the CoK 2010. Being the pioneer and frontline foot soldiers of a constitutional revolution in Kenya, you have the singular duty of creating and developing a firm pedestal upon which the devolution and development aspirations of Kenyans will be securely extrapolated for success. And this Association is an important cog for this. Guard it. Nurture it. Nourish it. Secure it. You should be courageous and focused enough to chart your own path without undue prompting except as prodded by the Constitution of Kenya and your coonstituents’ so guided aspirations. Your position and role is so pivotal that it does not need any gainsaying, kindly note that while the CoK 2010 expressly provides for the creation of county governments in Chapter 11 Article 176 (1), the national government is only implied. In my opinion, this thus read with Chapter 2 Article 6 (1 & 2) should bring to an end any imagination of a superior or ndoloasasa@gmail.com 0727-358385 2 supervisory relationship between the national and county governments. This Association brings to life the unity of purpose of Article 6 (1). It is my hope that this premier convention will reconsider the name of this association to be changed to a more inviting and inclusive one. I have in mind the variously nominated members of the county assemblies who are legitimate and equal members of county governments’ legislative arm but whom seem excluded by the name of this Association. This should not affect the association’s objectives and focus to realize devolution to the fullest. In the same tone, I will re-emphasize that you are pioneers and you should not be brow beaten to walk a certain beaten path in this journey because your journey has not been walked on before, at least not in Kenya. I here urge you not to leave any legislative member of all county assemblies out of this association and do not allow distractions from the past, divisions of imaginations or disruptions of fear to frustrate this noble initiative. You are on the right path. Let me now focus on the work ahead. It is a lot. The good thing is that, you are upto the task. I strongly urge you to resist turning this Association into a welfare group. Your welfare matters can easily be done by creating a national platform for this for your County Assembly Service Boards. Instead keep the focus of this Association to the foremost –your legislative and political presence and mandate alive at the national stage- being the Senate and National Assembly, Executive and Judiciary. The Cabinet, The Speakers, The Governors, The Senators and the National Assembly Members all have national platforms to articulate and secure their space at the national arena. Members of the County Assemblies are not an exception, actually they are an integral manifestation of the national make up and you must thus take your place at the table of national deliberation, development and growth. You will be intimidated. You will be threatened. You will be cajoled and some of you may even be tricked to compromise this platform. Kindly let it not be and condemn any such attempt, and condemn it conclusively. You are going to face a lot of challenges from all sorts of quarters. Small or big. Close or farfetched. Stakeholders or busybodies. Political or spiritual. Men or ndoloasasa@gmail.com 0727-358385 3 women. The young or old. National or County government . Private or public sector. Ethnic extraction or political party affiliation. What will not change is that, you are the custodians and prime movers of county governments and therefore the devolution revolution. If this revolution suffers any setbacks, you will get the largest of the blame and subsequent condemnation. Once again I urge you to keep eyes on the successful realization of devolution. This Association gives you leverage to lighten this heavy and crucial mandate. But do kindly note that you are not the only actors in devolution, but you are the key actors in implementation and safeguarding of devolution at the actualization level, being at the county level. Kenyans are looking towards you among other actors to overcome the various challenges on the path of devolution currently packaged as teething problems, turf wars or mere politics of power. You should manage these hiccups at this stage as much as you keep focus on the long-term ultimate delivery of devolution in totality. These challenges are as many if not more as the actors in devolution. I summarily propose the following as good enough starting points; 1. The Association should find ways to engage with the national parliament on the principle of … conducting mutual relations on the basis of consultation and cooperation [Chapter 2 Article 6 (2)]. There is no basis to implement this provision at the executive level only. 2. You should develop mechanisms to tap into the collective organization that is being undertaken by the County Assembly Speakers and the Council of Governors to enhance harmony and unity of purpose for the workload ahead 3. Hamonise your county cross cutting administrative and legislative matters for quicker results. In this particular area I have in mind; a) Identify and prioritise a harmonized legislative framework agenda to quickly breathe life into the development page of devolution at the county level. ndoloasasa@gmail.com 0727-358385 4 b) Create a national platform for County Assembly Service Boards as process of this Association to articulate remuneration and other welfare matters for Members of the County Assembly. c) Develop a common position on the less than optimum performance of the Transition Authority of failing to among others (i) duly prepare and submit a status report of transition to devolution by 30th June 2013 as envisioned by law and (ii) their failure to identify and cost all functions due for devolution and thus frustrating transfer of functions to county governments thereby hindering the much can’t-be- waited-for-devolution! d) Have a critical view and position on the composition and locating of the Transition Authority to reflect both national and county levels of government status of being distinct and inter-dependent actors. 4. Create mechanism of monitoring and harmoniously influencing political, legislative and administrative deliberations and actions for the wellbeing of the county devolved units, especially to compliment Senate and Governor’s Council mandates. This is part of your oversight mandate. 5. Consider to regularize this convention to a bi-annual status event. I believe that am in the presence of empirical evidence of the success of the will of a people committed to an idea whose time has come. I believe you are the link that is going to transform the unease and fear among the civil servants. The tension between the two houses of parliament and the apparent bewilderment amongst constitutional bodies on devolution to the actual unleashing of the greatness of the people of Kenya; united by our diversity, driven by our unequivocal belief in our devolution aspiration and bound by our urge to include and involve each and all of us in all facets of our development. Finally, through you devolution and county governance is going to make Kenya the envy of the world where it will be a preference for all to be considered a weakling in Kenya than the most powerful person anywhere else in the world. God Bless County Assembly Members. God Bless Devolution. God Bless Kenya. God Bless You! ndoloasasa@gmail.com 0727-358385

KEYNOTE ADDRESS TO THE WARD REPRESENTATIVES ASSOCIATION OF KENYA INAUGURAL CONVENTION

By ndolo asasa Esq. – Devolved Governance Consultant & Secretary, The National Civil Society Congress (Jukwaa la Katiba) On the 1st Day of August 2013 At Sai-Rock Hotel- Mombasa. The Governor of Mombasa, Chairperson of The Ward Representatives Association of Kenya, Honourable Members of County Assemblies in Kenya, Ladies and Gentlemen; Good morning? Am humbled to be with you today and even more so giving this address at this particular moment of the inaugural convention of the Ward Representatives Association of Kenya. The task on your shoulders as Ward Representatives and Members of the 47 County Assemblies is enormous, starting with the delivery of devolution that Kenyans expect delivered intact and immediately. Devolution is the revolution in the Constitution of Kenya (2010), you are the guardian angels and face of that devolution revolution, you are the custodians of the people’s hope for change for the better and the aspirations and spirit of the CoK 2010. Being the pioneer and frontline foot soldiers of a constitutional revolution in Kenya, you have the singular duty of creating and developing a firm pedestal upon which the devolution and development aspirations of Kenyans will be securely extrapolated for success. And this Association is an important cog for this. Guard it. Nurture it. Nourish it. Secure it. You should be courageous and focused enough to chart your own path without undue prompting except as prodded by the Constitution of Kenya and your coonstituents’ so guided aspirations. Your position and role is so pivotal that it does not need any gainsaying, kindly note that while the CoK 2010 expressly provides for the creation of county governments in Chapter 11 Article 176 (1), the national government is only implied. In my opinion, this thus read with Chapter 2 Article 6 (1 & 2) should bring to an end any imagination of a superior or ndoloasasa@gmail.com 0727-358385 2 supervisory relationship between the national and county governments. This Association brings to life the unity of purpose of Article 6 (1). It is my hope that this premier convention will reconsider the name of this association to be changed to a more inviting and inclusive one. I have in mind the variously nominated members of the county assemblies who are legitimate and equal members of county governments’ legislative arm but whom seem excluded by the name of this Association. This should not affect the association’s objectives and focus to realize devolution to the fullest. In the same tone, I will re-emphasize that you are pioneers and you should not be brow beaten to walk a certain beaten path in this journey because your journey has not been walked on before, at least not in Kenya. I here urge you not to leave any legislative member of all county assemblies out of this association and do not allow distractions from the past, divisions of imaginations or disruptions of fear to frustrate this noble initiative. You are on the right path. Let me now focus on the work ahead. It is a lot. The good thing is that, you are upto the task. I strongly urge you to resist turning this Association into a welfare group. Your welfare matters can easily be done by creating a national platform for this for your County Assembly Service Boards. Instead keep the focus of this Association to the foremost –your legislative and political presence and mandate alive at the national stage- being the Senate and National Assembly, Executive and Judiciary. The Cabinet, The Speakers, The Governors, The Senators and the National Assembly Members all have national platforms to articulate and secure their space at the national arena. Members of the County Assemblies are not an exception, actually they are an integral manifestation of the national make up and you must thus take your place at the table of national deliberation, development and growth. You will be intimidated. You will be threatened. You will be cajoled and some of you may even be tricked to compromise this platform. Kindly let it not be and condemn any such attempt, and condemn it conclusively. You are going to face a lot of challenges from all sorts of quarters. Small or big. Close or farfetched. Stakeholders or busybodies. Political or spiritual. Men or ndoloasasa@gmail.com 0727-358385 3 women. The young or old. National or County government . Private or public sector. Ethnic extraction or political party affiliation. What will not change is that, you are the custodians and prime movers of county governments and therefore the devolution revolution. If this revolution suffers any setbacks, you will get the largest of the blame and subsequent condemnation. Once again I urge you to keep eyes on the successful realization of devolution. This Association gives you leverage to lighten this heavy and crucial mandate. But do kindly note that you are not the only actors in devolution, but you are the key actors in implementation and safeguarding of devolution at the actualization level, being at the county level. Kenyans are looking towards you among other actors to overcome the various challenges on the path of devolution currently packaged as teething problems, turf wars or mere politics of power. You should manage these hiccups at this stage as much as you keep focus on the long-term ultimate delivery of devolution in totality. These challenges are as many if not more as the actors in devolution. I summarily propose the following as good enough starting points; 1. The Association should find ways to engage with the national parliament on the principle of … conducting mutual relations on the basis of consultation and cooperation [Chapter 2 Article 6 (2)]. There is no basis to implement this provision at the executive level only. 2. You should develop mechanisms to tap into the collective organization that is being undertaken by the County Assembly Speakers and the Council of Governors to enhance harmony and unity of purpose for the workload ahead 3. Hamonise your county cross cutting administrative and legislative matters for quicker results. In this particular area I have in mind; a) Identify and prioritise a harmonized legislative framework agenda to quickly breathe life into the development page of devolution at the county level. ndoloasasa@gmail.com 0727-358385 4 b) Create a national platform for County Assembly Service Boards as process of this Association to articulate remuneration and other welfare matters for Members of the County Assembly. c) Develop a common position on the less than optimum performance of the Transition Authority of failing to among others (i) duly prepare and submit a status report of transition to devolution by 30th June 2013 as envisioned by law and (ii) their failure to identify and cost all functions due for devolution and thus frustrating transfer of functions to county governments thereby hindering the much can’t-be- waited-for-devolution! d) Have a critical view and position on the composition and locating of the Transition Authority to reflect both national and county levels of government status of being distinct and inter-dependent actors. 4. Create mechanism of monitoring and harmoniously influencing political, legislative and administrative deliberations and actions for the wellbeing of the county devolved units, especially to compliment Senate and Governor’s Council mandates. This is part of your oversight mandate. 5. Consider to regularize this convention to a bi-annual status event. I believe that am in the presence of empirical evidence of the success of the will of a people committed to an idea whose time has come. I believe you are the link that is going to transform the unease and fear among the civil servants. The tension between the two houses of parliament and the apparent bewilderment amongst constitutional bodies on devolution to the actual unleashing of the greatness of the people of Kenya; united by our diversity, driven by our unequivocal belief in our devolution aspiration and bound by our urge to include and involve each and all of us in all facets of our development. Finally, through you devolution and county governance is going to make Kenya the envy of the world where it will be a preference for all to be considered a weakling in Kenya than the most powerful person anywhere else in the world. God Bless County Assembly Members. God Bless Devolution. God Bless Kenya. God Bless You! ndoloasasa@gmail.com 0727-358385

KEYNOTE ADDRESS TO THE WARD REPRESENTATIVES ASSOCIATION OF KENYA INAUGURAL CONVENTION

By ndolo asasa Esq. – Devolved Governance Consultant & Secretary, The National Civil Society Congress (Jukwaa la Katiba) On the 1st Day of August 2013 At Sai-Rock Hotel- Mombasa. The Governor of Mombasa, Chairperson of The Ward Representatives Association of Kenya, Honourable Members of County Assemblies in Kenya, Ladies and Gentlemen; Good morning? Am humbled to be with you today and even more so giving this address at this particular moment of the inaugural convention of the Ward Representatives Association of Kenya. The task on your shoulders as Ward Representatives and Members of the 47 County Assemblies is enormous, starting with the delivery of devolution that Kenyans expect delivered intact and immediately. Devolution is the revolution in the Constitution of Kenya (2010), you are the guardian angels and face of that devolution revolution, you are the custodians of the people’s hope for change for the better and the aspirations and spirit of the CoK 2010. Being the pioneer and frontline foot soldiers of a constitutional revolution in Kenya, you have the singular duty of creating and developing a firm pedestal upon which the devolution and development aspirations of Kenyans will be securely extrapolated for success. And this Association is an important cog for this. Guard it. Nurture it. Nourish it. Secure it. You should be courageous and focused enough to chart your own path without undue prompting except as prodded by the Constitution of Kenya and your coonstituents’ so guided aspirations. Your position and role is so pivotal that it does not need any gainsaying, kindly note that while the CoK 2010 expressly provides for the creation of county governments in Chapter 11 Article 176 (1), the national government is only implied. In my opinion, this thus read with Chapter 2 Article 6 (1 & 2) should bring to an end any imagination of a superior or ndoloasasa@gmail.com 0727-358385 2 supervisory relationship between the national and county governments. This Association brings to life the unity of purpose of Article 6 (1). It is my hope that this premier convention will reconsider the name of this association to be changed to a more inviting and inclusive one. I have in mind the variously nominated members of the county assemblies who are legitimate and equal members of county governments’ legislative arm but whom seem excluded by the name of this Association. This should not affect the association’s objectives and focus to realize devolution to the fullest. In the same tone, I will re-emphasize that you are pioneers and you should not be brow beaten to walk a certain beaten path in this journey because your journey has not been walked on before, at least not in Kenya. I here urge you not to leave any legislative member of all county assemblies out of this association and do not allow distractions from the past, divisions of imaginations or disruptions of fear to frustrate this noble initiative. You are on the right path. Let me now focus on the work ahead. It is a lot. The good thing is that, you are upto the task. I strongly urge you to resist turning this Association into a welfare group. Your welfare matters can easily be done by creating a national platform for this for your County Assembly Service Boards. Instead keep the focus of this Association to the foremost –your legislative and political presence and mandate alive at the national stage- being the Senate and National Assembly, Executive and Judiciary. The Cabinet, The Speakers, The Governors, The Senators and the National Assembly Members all have national platforms to articulate and secure their space at the national arena. Members of the County Assemblies are not an exception, actually they are an integral manifestation of the national make up and you must thus take your place at the table of national deliberation, development and growth. You will be intimidated. You will be threatened. You will be cajoled and some of you may even be tricked to compromise this platform. Kindly let it not be and condemn any such attempt, and condemn it conclusively. You are going to face a lot of challenges from all sorts of quarters. Small or big. Close or farfetched. Stakeholders or busybodies. Political or spiritual. Men or ndoloasasa@gmail.com 0727-358385 3 women. The young or old. National or County government . Private or public sector. Ethnic extraction or political party affiliation. What will not change is that, you are the custodians and prime movers of county governments and therefore the devolution revolution. If this revolution suffers any setbacks, you will get the largest of the blame and subsequent condemnation. Once again I urge you to keep eyes on the successful realization of devolution. This Association gives you leverage to lighten this heavy and crucial mandate. But do kindly note that you are not the only actors in devolution, but you are the key actors in implementation and safeguarding of devolution at the actualization level, being at the county level. Kenyans are looking towards you among other actors to overcome the various challenges on the path of devolution currently packaged as teething problems, turf wars or mere politics of power. You should manage these hiccups at this stage as much as you keep focus on the long-term ultimate delivery of devolution in totality. These challenges are as many if not more as the actors in devolution. I summarily propose the following as good enough starting points; 1. The Association should find ways to engage with the national parliament on the principle of … conducting mutual relations on the basis of consultation and cooperation [Chapter 2 Article 6 (2)]. There is no basis to implement this provision at the executive level only. 2. You should develop mechanisms to tap into the collective organization that is being undertaken by the County Assembly Speakers and the Council of Governors to enhance harmony and unity of purpose for the workload ahead 3. Hamonise your county cross cutting administrative and legislative matters for quicker results. In this particular area I have in mind; a) Identify and prioritise a harmonized legislative framework agenda to quickly breathe life into the development page of devolution at the county level. ndoloasasa@gmail.com 0727-358385 4 b) Create a national platform for County Assembly Service Boards as process of this Association to articulate remuneration and other welfare matters for Members of the County Assembly. c) Develop a common position on the less than optimum performance of the Transition Authority of failing to among others (i) duly prepare and submit a status report of transition to devolution by 30th June 2013 as envisioned by law and (ii) their failure to identify and cost all functions due for devolution and thus frustrating transfer of functions to county governments thereby hindering the much can’t-be- waited-for-devolution! d) Have a critical view and position on the composition and locating of the Transition Authority to reflect both national and county levels of government status of being distinct and inter-dependent actors. 4. Create mechanism of monitoring and harmoniously influencing political, legislative and administrative deliberations and actions for the wellbeing of the county devolved units, especially to compliment Senate and Governor’s Council mandates. This is part of your oversight mandate. 5. Consider to regularize this convention to a bi-annual status event. I believe that am in the presence of empirical evidence of the success of the will of a people committed to an idea whose time has come. I believe you are the link that is going to transform the unease and fear among the civil servants. The tension between the two houses of parliament and the apparent bewilderment amongst constitutional bodies on devolution to the actual unleashing of the greatness of the people of Kenya; united by our diversity, driven by our unequivocal belief in our devolution aspiration and bound by our urge to include and involve each and all of us in all facets of our development. Finally, through you devolution and county governance is going to make Kenya the envy of the world where it will be a preference for all to be considered a weakling in Kenya than the most powerful person anywhere else in the world. God Bless County Assembly Members. God Bless Devolution. God Bless Kenya. God Bless You! ndoloasasa@gmail.com 0727-358385

KEYNOTE ADDRESS TO THE WARD REPRESENTATIVES ASSOCIATION OF KENYA INAUGURAL CONVENTION By ndolo asasa Esq. – Devolved Governance Consultant & Secretary, The National Civil Society Congress (Jukwaa la Katiba) On the 1st Day of August 2013 At Sai-Rock Hotel- Mombasa. The Governor of Mombasa, Chairperson of The Ward Representatives Association of Kenya, Honourable Members of County Assemblies in Kenya, Ladies and Gentlemen; Good morning? Am humbled to be with you today and even more so giving this address at this particular moment of the inaugural convention of the Ward Representatives Association of Kenya. The task on your shoulders as Ward Representatives and Members of the 47 County Assemblies is enormous, starting with the delivery of devolution that Kenyans expect delivered intact and immediately. Devolution is the revolution in the Constitution of Kenya (2010), you are the guardian angels and face of that devolution revolution, you are the custodians of the people’s hope for change for the better and the aspirations and spirit of the CoK 2010. Being the pioneer and frontline foot soldiers of a constitutional revolution in Kenya, you have the singular duty of creating and developing a firm pedestal upon which the devolution and development aspirations of Kenyans will be securely extrapolated for success. And this Association is an important cog for this. Guard it. Nurture it. Nourish it. Secure it. You should be courageous and focused enough to chart your own path without undue prompting except as prodded by the Constitution of Kenya and your coonstituents’ so guided aspirations. Your position and role is so pivotal that it does not need any gainsaying, kindly note that while the CoK 2010 expressly provides for the creation of county governments in Chapter 11 Article 176 (1), the national government is only implied. In my opinion, this thus read with Chapter 2 Article 6 (1 & 2) should bring to an end any imagination of a superior or ndoloasasa@gmail.com 0727-358385 2 supervisory relationship between the national and county governments. This Association brings to life the unity of purpose of Article 6 (1). It is my hope that this premier convention will reconsider the name of this association to be changed to a more inviting and inclusive one. I have in mind the variously nominated members of the county assemblies who are legitimate and equal members of county governments’ legislative arm but whom seem excluded by the name of this Association. This should not affect the association’s objectives and focus to realize devolution to the fullest. In the same tone, I will re-emphasize that you are pioneers and you should not be brow beaten to walk a certain beaten path in this journey because your journey has not been walked on before, at least not in Kenya. I here urge you not to leave any legislative member of all county assemblies out of this association and do not allow distractions from the past, divisions of imaginations or disruptions of fear to frustrate this noble initiative. You are on the right path. Let me now focus on the work ahead. It is a lot. The good thing is that, you are upto the task. I strongly urge you to resist turning this Association into a welfare group. Your welfare matters can easily be done by creating a national platform for this for your County Assembly Service Boards. Instead keep the focus of this Association to the foremost –your legislative and political presence and mandate alive at the national stage- being the Senate and National Assembly, Executive and Judiciary. The Cabinet, The Speakers, The Governors, The Senators and the National Assembly Members all have national platforms to articulate and secure their space at the national arena. Members of the County Assemblies are not an exception, actually they are an integral manifestation of the national make up and you must thus take your place at the table of national deliberation, development and growth. You will be intimidated. You will be threatened. You will be cajoled and some of you may even be tricked to compromise this platform. Kindly let it not be and condemn any such attempt, and condemn it conclusively. You are going to face a lot of challenges from all sorts of quarters. Small or big. Close or farfetched. Stakeholders or busybodies. Political or spiritual. Men or ndoloasasa@gmail.com 0727-358385 3 women. The young or old. National or County government . Private or public sector. Ethnic extraction or political party affiliation. What will not change is that, you are the custodians and prime movers of county governments and therefore the devolution revolution. If this revolution suffers any setbacks, you will get the largest of the blame and subsequent condemnation. Once again I urge you to keep eyes on the successful realization of devolution. This Association gives you leverage to lighten this heavy and crucial mandate. But do kindly note that you are not the only actors in devolution, but you are the key actors in implementation and safeguarding of devolution at the actualization level, being at the county level. Kenyans are looking towards you among other actors to overcome the various challenges on the path of devolution currently packaged as teething problems, turf wars or mere politics of power. You should manage these hiccups at this stage as much as you keep focus on the long-term ultimate delivery of devolution in totality. These challenges are as many if not more as the actors in devolution. I summarily propose the following as good enough starting points; 1. The Association should find ways to engage with the national parliament on the principle of … conducting mutual relations on the basis of consultation and cooperation [Chapter 2 Article 6 (2)]. There is no basis to implement this provision at the executive level only. 2. You should develop mechanisms to tap into the collective organization that is being undertaken by the County Assembly Speakers and the Council of Governors to enhance harmony and unity of purpose for the workload ahead 3. Hamonise your county cross cutting administrative and legislative matters for quicker results. In this particular area I have in mind; a) Identify and prioritise a harmonized legislative framework agenda to quickly breathe life into the development page of devolution at the county level. ndoloasasa@gmail.com 0727-358385 4 b) Create a national platform for County Assembly Service Boards as process of this Association to articulate remuneration and other welfare matters for Members of the County Assembly. c) Develop a common position on the less than optimum performance of the Transition Authority of failing to among others (i) duly prepare and submit a status report of transition to devolution by 30th June 2013 as envisioned by law and (ii) their failure to identify and cost all functions due for devolution and thus frustrating transfer of functions to county governments thereby hindering the much can’t-be- waited-for-devolution! d) Have a critical view and position on the composition and locating of the Transition Authority to reflect both national and county levels of government status of being distinct and inter-dependent actors. 4. Create mechanism of monitoring and harmoniously influencing political, legislative and administrative deliberations and actions for the wellbeing of the county devolved units, especially to compliment Senate and Governor’s Council mandates. This is part of your oversight mandate. 5. Consider to regularize this convention to a bi-annual status event. I believe that am in the presence of empirical evidence of the success of the will of a people committed to an idea whose time has come. I believe you are the link that is going to transform the unease and fear among the civil servants. The tension between the two houses of parliament and the apparent bewilderment amongst constitutional bodies on devolution to the actual unleashing of the greatness of the people of Kenya; united by our diversity, driven by our unequivocal belief in our devolution aspiration and bound by our urge to include and involve each and all of us in all facets of our development. Finally, through you devolution and county governance is going to make Kenya the envy of the world where it will be a preference for all to be considered a weakling in Kenya than the most powerful person anywhere else in the world. God Bless County Assembly Members. God Bless Devolution. God Bless Kenya. God Bless You! ndoloasasa@gmail.com 0727-358385

How Raila Lost the 2013 Presidential Election!

With the Supreme Court having dispensed with the judicial reasons (or lack of) that define Raila Amolo Odinga's loss of the presidential election, allow me to give a considered view on the administrative and political reasons (or lack of) that define the same Raila loss; 1. A dysfunctional party - ODM! The party built no systems and institutions to campaign for a presidential win. The iconic fellows in ODM were mostly hang on on the Raila name and extension ODM party resonance to get a through pass into political leadership positions. They mostly did not add value as they did nothing to add value except keep themselves within Raila's sight! The so called grassroot structures were moribund and had no work, nay no instruction to do any work in the buildup to the presidential elections except cheer Raila if he happens around! The national secretariat of ODM was dilapidated in terms of staff, motivation and focus (Kindly note that most kept going on merely due to passion!). They had no organic relationship with the presidential secretariat and their point of harmony was mutual suspicion. Sample this - they did not develop a presidential coordination campaign team, almost all their agents were deployed without training and ToRs and this was mostly done on election eve! Of biggest losses, the defections, no counter strategy was developed or implemented. It was simply haemorrhage which was wrongly viewed from within as good riddance! 2. An opinionated presidential secretariat. First of all in interacting with them, one did not feel was interacting with a team but several people at the same place! But a running streak in almost all of them was the mien of managers of a win and not of seekers of a win! There seemed to be an unspoken philosophy that if the old political thoughts are let or encouraged to flourish, then Raila will win. Little, half-hearted or no efforts were made to areas that were not considered friendly even they were high stakes areas. Either the secretariat had no authority or failed to execute their authority in so far as organising the presidential campaign was concerned. This was evident with the sporadic nature of Raila's campaign, the absence of flow of authority and communication mechanism within the campaign e.g between the national campaign secretariat and the national ODM secretariat, aspirants, candidates, lobbies or with its campaign structures in the counties and constituencies (am assuming that these mechanisms were there!) Suaveness was overrated as a consideration to add value to the campaign at the expense of traditional supporter who were considered an image burden! I am struggling to identify their deliverables- as they failed for instance obviously failed to acquire a copy of the final voters' register from IEBC and a strategic venue for their final rally in Nairobi in time (these venue issue specifically made them look like cry babies!) 3. A uncharacteristically fluid candidate- Raila Amolo Odinga (aka RAO)! i). RAO failed to reach out to and consolidate his relationship with his traditional constituency- the so called radicals! He went overboard to show and court obvious the other side that included prescribed groups with doubtful public standing, iconic business persons with doubtful political persuasions and feel-good international pride that has doubtful election persuassion. It is like he assumed that the so called radicals had no option but to support him, and I think they did but they did not campaign for him at all or in critical numbers and intensity enough to make him stand out as not only an alternative but desireable alternative in the prevailing circumstances. This coupled with his almost unexplained dalliance with bad-boy promoters of the status quo erased any difference between him and his key opponents. ii). RAO identity crisis. He suddenly displayed indecisiveness hitherto never imagined of him! Take the following examples- he was the titular head of CORD alliance but went to his strongholds and strongly advised his people to vote 6-piece suit to the chagrin of his audience and unspoken anger by his alliance partners! There was a deafening call to him to ensure that the ODM party nominations were free and fair. He refused to speak to it and only feebly referred to it when trusted allies started to flee and this was a few days to the nominations by which time people had already doubted his commitment to this. All of us can remember with consternation when during the presidential debate he crumbled when cornered to give his position on land and specifically the Kenyatta land! We saw an apologetic RAO pleading Uhuru's innocence- all pretense of bravado gone! His thus lost the intellectual claim to be a courageous political champion in the face of many! iii). A new RAO! Ruto bolted from ODM, RAO took ages to decide whether to prop up Sally Kosgei, Henry Kosgei or Franklin Bett. The good old RAO made correct decisions instantly! Balala followed out, and Raila did not know wether to prop Omar Hassan, Joho or Kingi? This s trend becomes almost hilarious when Mudavadi is seduced away. In this intance RAO literally falls over himself for Musalia and even imposes a curfew on his troops not to antagonise a gone Musalia! Of course the prize is take by Ngilu's exit. Nguli really twist RAO on her finger by still getting RAO to listen to her and even attend high level strategic sessions public and private even after openly flirting and identifying with the opponents. RAO is simply lost on what to do! Indecisiveness exemplified! All in all the RAO presidential campaign acquired the image of disorganisation, despite the very concerted display of winning. It is this disorganisation, in my view that weakened the RAO perfomance at the ballot and destroyed its otherwise good case at the Judiciary. This was a very expensive demonstration of HOW NOT TO CAMPAIGN if you intend to win! I rest my case. PS: I will share my views on the judicial decision after I see the report informing of their ruling.

Profiles of Western Kenya Heroes and their Sacrifices - By Wafula Buke

Kenyans’ December rises like the sun and crescendos as it picks up momentum towards a climax on the famous 25th day. On this day, all genuflect to the historical mark of Jesus. The word ‘sacrifice’ for the human family crystallizes his short but virtuous life. He paid the ultimate prize after a protracted torturous journey to that hill. Christmas is a period when we remind ourselves of those who have demonstrated this quality in leadership. At Radio Mambo studio, Omar Bakuli, my interviewee, asked me to give profiles of historical personalities from among the Luhya who have sacrificed for society. I considered the occasion opportune. First were the numerous casualties of the resistance to colonial invasion at Lumboka and Chetambe fort in 1898. Luhyas believe the colonialists used the rapid fire gun for the first time in Africa to maul down the brave opposition by Luhyas. The bukusu have a self-praise expression inspired by this event; “Efwe lirango lie Njofu”, we are the thigh of an elephant. Elijah Masinde of the Dini ya Musambwa declared that God was against colonialism and despite there being dismal white settlements in his backyard, went on record as the first known Kenyan to call for the departure of the white man from Africa. He launched the armed struggle in 1947 that preceded the Mau Mau insurgence. It should be noted that the General Service Unit (GSU) was set up by the colonial government on the prompting of the Elijah Masinde-led rebellion in February 1948. In the autobiography of Field Marshal John Okello, Revolution in Zanzibar, the leader of the 1964 Zanzibar revolution, Okello discloses that his deputy in command was one Absolom Ingen; “A Luhya from Kakamega.” The insurrection that lasted 90 hours overthrew the feudal Arab government and installed a socialist government. Incidentally, the two boys lead the revolution despite being aliens from neighboring countries; Uganda and Kenya a reality that made them invite Abeid Karume to be President. John Okello became the Minister for Defense. Scared of the pair, Nyerere, Kenyatta and Obote declared them personae non grata. In fact Okello wrote his book from Kamiti prison. Ingen’s story ends with the coup but Okello was years later found killed in Uganda during Amin’s regime. Masinde Muliro stood up for the assassinated JM kariuki in 1975. “There is no collective responsibility in murder.” He declared. The parliamentary inquiry report which he supported had held the Kenyatta government responsible for the murder of the JM kariuki. Muliro, a lifelong reformist is believed to have been killed in 1992. From his student days in at Alliance High School, Wafula Siakama was principled. On prize giving day, Charles Njonjo, the then Attorney General and Chief Guest made remarks to the effect that Siakama should have focused more on English instead of Kiswahili where he had shined. Siakama, who was walking towards Njonjo, turned back declining the prize creating tension. That moment defined his destiny. At the University of Nairobi, Siakama joined democratic forces delivering fiery speeches with colleagues Odindo Opiata and Rumba Kinuthia among others. He also regularly published anti-establishment articles in Hilary Ng’weno’s Nairobi Times newspaper in late 1970s. Despite being top of his law class, he was denied a scholarship for masters while his politically unmarked colleagues received sponsorship. Frustrated and unemployable, the charismatic youth who scored an upper second class honors in law died hopping from place to place chancing for free accommodation and upkeep. Oyangi Mbaja was born in 1930s in Vihiga. He was a self taught Deputy Editor of an independence paper alongside Hon Dennis Akumu in the 1950s. When Tom Mboya’s wing of Kanu de-radicalized the Kanu manifesto to accommodate the neo-colonial agenda in 1960, he organized demonstrations in Nairobi burning copies of the new manifesto. He remained steadfast participating in organizing opposition to the Kenyatta regime. In 1971, he accused of plotting a coup and jailed for ten years alongside other patriots. After completing his term, he joined Mwakenya, an underground liberation movement and later jailed for another five years in 1986. He died a poor man unable to even buy his drugs. When I visited him in Kenyatta hospital, he had stayed for two days without prescribed drugs that only cost Ksh 350. Ernest Bwire Namadoa was born in 1960 in Budalang’i. He was a photo journalist by occupation. Namadoa believed in the view that “liberation anywhere leads to liberation everywhere” (Che Guevara). He decided to join Museveni in the Uganda war of liberation. After the war, he returned to Kenya to do the groundwork for another liberation war in Kenya. He was jailed for ten years allegedly for spying for Uganda in 1987. After his prison term, he opted to join the war against Mobutu of former Zaire. They liberated the current DRC Congo. Bwire returned to his motherland in late 1990s limping due to a bullet wound. Jobless and unemployable, he found himself ostracized. He lived alone in a single room in Kabete Kiambu where he was found dead in the year 2000. Lastly, the Luhya have Martin Shikuku whose consistency is well known. Detained by Kenyatta in 1977, he is on record for asking God to take him as soon as the new constitution was passed. As we reflect on whom to vote for in March 2013, let us be guided by what Jesus and other heroes from our communities demonstrated; “SACRIFICE”.

TAKING STOCK OF POLITICAL TRANSITIONS IN KENYA By ndolo asasa Esq.

Being of Kenya Kenya came into being as a modern state in 1920 or there about upon officially being colonized by the United Kingdom and thus by default joining the then massive and powerful British Empire. This marked a fundamental change on how the people of Kenya were to relate henceforth. This change occurred in the political arena, economic relationships and cultural development across the population that left the previous nation-states, read tribes, in a form and matter that would never be the same again. This change was variously resisted and or welcome all the way from the Coast, North Eastern through Eastern, Central, Nairobi, Nyanza, Rift Valley and the Western Provinces. The populace in return has not disappointed by appropriately responding to the changes as much as they have come. It is the art of moving thus by way of response from one status to another, that I here refer to as transition. The Kenyan Republic has been most shaped by the changes in governance. Some of the changes have tilted transitions while some have simply excited the existence of a situation. In my view, the following have stood out in the governance transitions in Kenya towards better or otherwise governance. a. Defining Personalities: Mr. Harry Thuku occupies that enviable position of personifying the resistance to colonialism. As much as he is alleged later to have turned collaborator of the colonialist, his action triggered what he could not singularly stop – the fight for independence. This mantle, of being the flagship of resistance to colonialism, is effectively represented by Mr. Dedan Kimathi who moved the resistance to an armed struggle level best narrated as Mau Mau resistance. This heroic narrative of making the Kenya nation is brought to an abrupt end by the entry of oneMr.Johnstone Kamau aka Jomo Kenyatta who was successfully grafted- either by himself or the British agents, onto the pinnacle of the independence struggle. This transition is not celebrated yet it is the biggest and most significant political transition from the traditional nation-states that make Kenya to the Republic of Kenya. In the traditional nation-states, the heroic warriors got the credit for their endeavours including recognition and leadership positions resultant of their efforts. But, by the Jomo Kenyatta paradigm shift, that the Kenya Republic would by default adopt henceforth, leadership and recognition is availed to personalities who are otherwise positioned by factors and circumstances not necessarily their efforts in people and community service. Mr. Pio Gama Pinto has the misfortune of not only being the first high profile political assassin, but also marks that’s transition in the now national psyche of cover up of political murders and assassinations. His assassination has since then been followed with the assassinations or mysterious deaths of Mr. Tom Mboya, Mr. Kungu Karumba, Mr. Bruce Mackenzie, Mr. J.M.Kariuki, Mr. Kiliti Mwendwa, Dr. Robert Ouko, Bishop Alexander Muge, Mr. Masinde Muliro, Mr. George Kapten and now Prof. George Saitoti. Struggles for transition to democracy are ably personified by Jaramogi Adonijah Abednego Ajuma Oginga Odinga, after a life dedicated to expanding democratic political space in the Republic of Kenya. The nemesis of this struggle, armed struggle for more political space after independence is securely represented by Snr. Private Hezekiah Rabala Ochuka. Madam Charity Kaloki Ngilu cuts a forlorn figure of women engagement in political development in the country. Her record and presence on the political map is yet to be challenged by any woman despite the same record being a poor show against the menfolk. It is very telling that both Messrs Daniel Toroitich arap Kimoi and Emilio Mwai Kibaki, former and current Presidents, are more of diligent conveyors of the status quo machinations than pivotal personalities of transition. b. The development of institutions for democratic governance: i).The struggle by natives to regain their sovereign power and dignity from the British Colonialists gained momentum of consolidation through nation-state outfits as was formed by the Coastals, Kikuyus, Kambas , Luos, Luhyas etc. These ethnic based institutions were soon almost simultaneously replaced by regional political parties and sector based trade unions that were more articulate at bargaining with the colonialist at the colonialists’ terms of; what interest do you represent, what acceptable structures do you have and what quick gains can you accept to remain relevant? In this forte struggle, the political parties represented by KANU and KADU trounced the trade unions in the lead upto independence. This was done by either absorbing the prominent trade unionist to significant political party positions or just making the trade unions agenda political party agenda and crowding the trade unions out of public visibility. Upon independence, the trade unions remained under, and the provincial administration was crafted as a government machinery that obliterated the political parties and confined them to irrelevance throughout the first two decades of independence. Upon re-introduction of multiparty politics in the early 1990s, mechanisms for multiparty democracy were democracy were not introduced too. This resulted in political parties now becoming vehicles to mobilisise tribal support and individualized political idolatry. This status has legally greatly been changed by the new order that now expects nationalism, people participation and democracy at party level first, before engaging at the national political leadership arena. The political parties will, after the next general election then have a chance to define their relevance as institutions of democracy over the life of the next parliament henceforth, as they already have a strong legal foundation. ii). Starting the 1980’s Parliament and Judiciary were conscripted as prominent democracy players specifically to constrict the democratic space through legislation, application of law and interpretation of law. With a concerted attack on all the governance institutions in place so far, namely; KANU- read political parties, Parliament and provincial administration and a jeering at the Judiciary, institutions of governance systematically crumbled and the governance of individuals and personalities was promoted as the new governance kid on the block. The new constitution, The Constitution of Kenya (2010) has leased new life into institutions of democracy in the county. With the appointment of a brand new Chief Justice, a totally new judicial system and a confidence instilling vetting of all its officers, the Judiciary is the most enthusiastic institution of governance in the country undergoing recreation. The Provincial Administration is frantically fighting for its survival by the proxy of a retiring Executive, while Parliament will face its most stern test when it is reconstituted after the next general election- the first one in the new constitutional order. c. The journey in structures for democracy 1.Security of the people has with the new constitutional order become the main focus and purpose of police. As before independence, the main purpose for police existence was until upto the end of the first republic, to protect the government machinery and cajole the citizenry into submission. The police recruitment, training, standing orders and deployment was first and foremost crafted to make the police feel informidable and the citizenry most subdued. The police thus have signified official terror, intimidation and oppression. This image is set to change when and if the envisioned constitutional police reforms come to be. These may not be manifested by the first general election after the promulgation of the constitution. 2.Another important structure in the democratic governance journey is the electoral machinery commonly known in Kenya as The Electoral Commission. Until upto the re-introduction of multi-party politics in the early 1990’s, it is the government functionaries that were charged with organising and conducting elections in the country. This arrangement did not give the process much independence leave alone credibility. It become worse in the 1970’s and 80’s when the whole process become a sole responsibility of the much discredited provincial administration and even further constrained if not blurred by being a one-party activity! The Electoral Commission of Kenya (ECK) came into being in the early 1990’s as a distinct structure to manage and conduct electoral matters in the country, but its creation was shrouded with an intimidating presence of KANU, the ruling party. The leadership was suspect, its financing not independently secured from the government and its structures dilapidated in terms of personnel, equipment and credibility. They are most remembered for mismanaging all the elections under their watch almost without exception and the 2007/8 debacle hangs on their identity like the hallmark at the incompetence of discharging their mandate. The Government of Grand Coalition process provided for a transition mechanism where temporarily the mandate of managing elections and electoral areas was separated and given to interim institutions to facilitate a rebirth of the Electoral Commission under the then envisioned new constitution. During this interim process, wananchi demonstrated unprecedented belief and confidence in the electioneering process if the manner in which the bye-elections and the referendum were conducted and received. But the same enthusiasm was not extended to the electoral areas management unit which was tasked with redrawing the electoral boundaries and creation of new constituencies. This challenge has now been inherited by the substantive Independent Electoral and Boundaries Commission (IEBC) that has regained the management mandate of both the electoral process and electoral areas. In coming up with IEBC, mechanisms were put in place to secure the process from the ECK pitfalls. These included insulating the process from pure political party manipulation in its constitution, securing the widest possible participation of all political players, subjecting the recruitment process to public and parliamentary scrutiny and securing its financial independence from the executive arm of the government. The effect of this massive process investment is in the public domain to be judged, at least just yet. 3. The civil society. Until upto the late 1970s, the civil society was largely absent on the Kenyan public governance scene. But nascent intellectual and legal debates in the university corridors enriched with continued unvoiced dissatisfaction created need to have alternative avenues to observe and generate alternative views to public governance matters in the counties. In the early 1980’s, the government employed a heavy hand to crush the now increasingly bold non-state actors commenting and attempting to influence public thought. They were viewed as carrion flies that were meddling min matters that first they did not have mandate to engage in and also that they supposedly know nothing about. This high handedness of the government made the civil society intervention in governance matters to go underground and out of the country but most important assume a political angle that resonated with the citizenry either as political nuisance or true political liberation struggle. By mid 1990s, the civil society had now had now come out more openly using legal spaces to stake legitimacy on engagement in public governance matters but were largely organized thematically but still mainly mobilized along individual and friendship relationships – maybe as a recoil effect of the protracted government crackdown on them. Mid 1990s witnessed unprecedented public participation in civil society governance engagement. The participation was so huge that not even political parties or government efforts could rival them. But the election of a non-KANU party and President to power in 2002 shook the civil society in a manner both not anticipated and ever witnessed before. Maybe it was an unexpected victory too soon. The transitions that occurred within this sector saw some hitherto biggest civil society organizations crumble, civil society prominent personalities join the government or politics in various capacities and various exclusive civil society mandates now taken over by the government. Needless to say that a lot of donor support disappeared with the hugely changed scenario. The effect of this was that, the until then taken for granted public watchdog role, registered a gap. The civil societies’ capacity for the first time become questionable in the eyes of the public, and the confidence of the civil society players and their authoritativeness in engaging the status quo plummeted to record lows. This became most evident in how in they participated in the 2007 General Elections in which they largely held no opinion! Concluding Opinion. The most challenge of securing sustainable democratic governance transition rests with the political parties and the civil society. The political parties must have to make participation in political matters attractive, fashionable, orderly, relevant and acceptable in decency. Those that will not, will either find themselves on the wrong side of the low or inconsequential on the political scene. While the civil society must engineer itself to be a source of alternative approaches to governance matters. The mandate that they have hugely played in the last decade or so, has with the new constitutional order irreversibly been dismantled. They have largely been playing lobby and advocacy position for or against government postulations! This role will now henceforth be more articulately and effectively played by political parties both at the national and county levels of government. =============================================================================

I TOO ASK, WHY NOT? By ndolo asasa Esq.

Can Post Election Violence (PEV) recur in the next General Elections? Why not, I ask? The National Cohesion and Integration Commission (NCIC) the only permanent commission of Agenda IV has not set up any permanency of itself 3 years after being unveiled? It has not even sufficiently staffed itself; it has failed to define its niche in this fertile ground of violence, fear of violence and massive citizenry goodwill – apart from popularising the words ‘hatespeech’ which is not EVEN their core mandate!; The NCIC has not developed and shared a strategic framework for identifying, pre-empting, stalling, stopping and managing social disintegration while enhancing cohesion. It is quite telling after the unfortunate demise of its Vice-Chairperson over 2 months ago, NCIC Commissioners have failed to elect one of their own to fill in the seat as provided for by law. By the way, Kenyans no longer engage in hate speech, they have upgraded to hate feelings! The other commission that is supposed to feed NCIC with a historical and philosophical founding for its engagement, the Truth, Justice and Reconciliation Commission (TJRC) is a sorry state of circus on how not to run any process of a grand scale! If only the Police Service had upped their footing in so far as managing organized crime; be it economic, social and political, maybe just may be PEV would be unthinkable come the next General Elections. I refuse to contemplate this wishful desire if the flamboyance of Mombasa Republican Council (MRC) in disrupting the trial election is any indicator of the police investigative capacity or the ease by which grenade throwing youngsters are hitting ‘soft targets’ in our major towns and Mungiki is regrouping like an obvious force of nature! Any pretence is then discarded by the political class that is war-mongering all over the country and in parliament in the name of campaigning and launching their political parties, and like god s and goddess they are pontificating about how their people, read themselves, are the ones that are variously destined to lead this country come the next General Election. Pray, what happens when this doesn’t come to pass as it will sure do? So can Post Election Violence recur in the next General Election? Like Hon. Eugine Ludovic Wamalwa, the Minister for Justice, Cohesion and Constitutional Affairs, I too ask; Why not? Can the next President of the country be determined by Kenyans’ dream of the ideal? In December 1963, Kenyans were wild with celebration upon independence yet they were walking into the unknown. In their minds, they were getting to Nirvana. On August 1st 1982, ululations and even celebrations were witnessed all over the country when Mr. Mambo Mbotela announced over the Voice of Kenya (VoK) Kiswahili Service that “… polisi wote ni raia!” (… all police officers and now civilians). More recently in 2002, at Uhuru Park in ecstasy and jubilance multitudes sang yote yawezeka (all is possible)! Were all these not expressions of Kenyans tinkering with the ideal? Can they still dare seek the ideal leadership come next General Elections? Do they have reason to seek an ideal President come the next General Election? Of course you know my take on this as I again ask; Why not? The unrivalled Michuki support that beat the matatu monsters into discipline and order no one ever thought was possible in Kenya and the massive endorsement the New Constitution (is it still new anyway, with the numerous raping it has undergone by the tenth Parliament under the watch of the affable Speaker Hon. Kenneth Otiato Marende) received unequivocally demonstrates that Kenyans have not given up on the ideal country that Kenya should be, including leadership. So, just who is this ideal person that Kenyans may elect the 4th and next President of the country? First, let me start by who definitely is not the ideal one! Anyone who is inspired and motivated to contest for the Presidency on the basis of tribal consideration. Doubt not this as it has been demonstrated by Muranga- in the heart of Agikuyu variously electing a Jaruo as the Mayor of Muranga Municipality; Migori Municipality in Luoland has also elected a Somali as their Mayor; Nakuru Town in the heart of Rift Valley has had both a Luo and a Luhya elected as Members of Parliament. Can this be replicated at the Presidential elections level? I ask, why not? Second. The ideal President will not be any scandalous person. Meaning a person known or suspected to be engaged in or have been engaged in theft, immoral behaviours and all that is considered criminal locally, internationally, privately or publicly. Does such a person really exist? Isn’t a good thing supposed to be obvious to many eyes? Who is this? The questions is are ‘we’ really looking? And who is the ‘we’? Can ‘We The People’ be able to see and seek the said President on our own without being ‘guided’ by gatekeepers, opinion leaders and their instruments? In my opinion, the ideal President then is going to be, in addition to not being as described above; i. A Kenyan committed to walking the Kenyan dream appropriately and sufficiently expressed and written in the Constitution of Kenya (2010). ii. A person who has the compassion, courage, the drive and will to acknowledge all the historical injustices committed to Kenyans variously as individuals, people groups and communities. A person who will truly and fearlessly seek justice for all those who have been downtrodden on by a skewed system, an immoral class of fellow citizens and their cahoots or just sinful individuals. iii. A friend of the people. A person who in the past and present is associated with engaging in Leadership and NOT Dealership! Hey! ndolo asasa Esq, get real, this is Kenya and not Utopia! Do you really believe that such a person is possible? Or … do you too ask, WHY NOT?

MADARAKA DAY –THE DAY KENYANS MISSED THE BUS! By ndolo asasa Esq

With a booming voice, the First Prime Minister of the new Kenya State, The Hon. Johnstone Kamau a.k.a. Jomo Kenyatta announced to the jubilant Kenyans and an attentive world that Kenya would use its “Madaraka” to fight poverty, ignorance and disease to a thundering applause! And with this statement we missed the bus, almost totally! Or at least for close to 50 years we missed the bus. LAND. What had instigated the Africans and Kenyans for that matter to fight the colonialist for numerous decades was to regain their cardinal right to own, access and use land in whatever manners that was beneficial to them. The colonialists had become a stumbling block nay, a barrier to the said Kenyans using their land for fellow Kenyans wellbeing. Most well remembered is that Kenyans were not allowed to rear some kinds of livestock, grow cash crops and even own land in prime agricultural, tourist and urban areas. This is why the MAU MAU, our celebrated freedom fighters, were alleged to have been so agitated that when anyone of them fell to the colonialist’s and homeguards’ bullets they clutched soil in their hands as a last act of defiance and a signal to continue fighting for the land, our land. The utility and identity value of land is what makes us fondly call our country, OUR LAND! But is it really our land? During this famous speech, 49 years ago Jomo Kenyatta interestingly and curiously FORGOT to include reclaiming OUR LAND , access to it and utility as a key focus of our Madaraka, the main result of the Mau Mau resistance! It MUST be remembered here that MADARAKA means power, authority and sovereignty! Is it not surprising that one of the key reasons why Kenyans fought for Madaraka, lost their lives, careers and opportunities was not a priority focus for the ‘independence regime’? THE QUESTION THEN IS, IF NOT LAND WHAT WERE KENYANS AND MAU MAU (The catalysts of our independence) IN PARTICULAR FIGHTING FOR ALL THIS TIME? As if to assert that the exclusion from focus was not a mistake, 49 years after the said attainment of MADARAKA we do not have a national policy on land. Is it thus surprising that since independence the most intense wars that have been fought in Kenya either between persons, between communities or with the state has been over land! Be it the Shifta War! The Tindinyo Wars! Or be it the infamous land and tribal clashes stretching from Mt. Elgon, through Burnt Forest, Kuresoi, Sotik, Trans Mara, Wajir to Likoni? Or more recently the post election violence of 2007/8? So at independence we missed the purpose for which we sought MADARAKA for with all we had including our lives! Do you agree with me? That what we fought for is not what we “won”? LEADERSHIP But this is not all. The other reason we fought so hard was so that we are able to lead ourselves and determine our own destiny. That we were slighted by the colonialist imposing leaders on us using the church, their side kick collaborators and homeguard services. That we were subjected to forceful authority sometimes perpetrated by our own brothers (I do not have records of any women!) Our forefather revolted against imposed, oppressive and insensitive leadership and non consideration and input from the native Kenyans in the same. So when we got MADARAKA the foremost thing that should have come to the surface was the raw meaning the word MADARAKA being power, authority and sovereignty. That by getting MADARAKA we should have got the Power and Authority with all the ingredients that we missed under colonization! These were to include now intentionally identifying and nurturing our own acceptable leadership that rules us with our consent for our well being. It thus follows that good leadership; inferring good use of our Madaraka (power and authority) should have been a national priority to drive our self determination. Is it any wonder that bad and or suspect leadership has generously punctuated the nearly 50 years of the independent country Kenya? That most of the problems of this country can easily be traced to leadership of the day; be it violence, scandals, assassinations, corruption or base crime. Seemingly leadership was not supposed to be a major concern for the independent Kenya as disease, ignorance and poverty would sort them out! I hold that had the matters of land and leadership been in this speech and by focus thus a priority for our independent motherland, Kenya would be a truly a great country and definitely a far better place to live in than where we are. What do you say?

NO FACTORS HELD CONSTANT- THE NEXT GENERAL ELECTIONS by ndolo asasa Esq.

The first General election may either be in December 2012, or most likely in March 2012. However today I want to dwell more on who might be our next President come next General Elections. In 1992 Mama Ngina Kenyatta stuck with Democratic Party (DP) of Mwai KIbaki even though her favourite son sought the presidency of this country in 2002 on a KANU ticket. It is alleged that she financially assisted the fledging DP. It is important to note that Mwai KIbaki is the baptismal godfather to Mr.Uhuru Kenyatta. This should greatly explain the support Uhuru gave to Kibaki in the crucial 2007 General Elections consequently abdicating his duties, responsibility and expectations as the Leader of of Official Opposition. Considering that a good turn deserves another, it would be out of this world not to expect Kibaki to return the favour Mama Ngina Kenyatta did in 1992 and Uhuru Kenyatta emphasized in 2007 come next General Election – Unless Kibaki is so ungrateful! By this din, I predict that Uhuru will contest the next General Election for presidency with all benefits of being backed by an incumbent (for the second time in ten years!) and thus he is destined to finish in the top two bracket. Meaning that, those who are expecting Uhuru supporter to back Wycliffe Musalia Mudavadi are horribly mistaken! Actually I do not think Mudavadi has a realistic chance of being in the top 5 come next General Elections! BY the massive Agikuyu votes, I expect Uhuru to easily garner well over 4 million votes drawn from Central province, Nairobi area and Rift Valley. He will closely contest the top two positions with Raila Amollo Odinga who will garner similar amount of vote if not more from Nyanza, Western, Rift Valley, Nairobi and Coast regions. I predict that Raila will beat Uhuru to the pole position but will not garner the requisite 50% plus 1 votes to outrightly become the President! In therun-off, Raila will beat Uhuru . He will greatly be aided by the feeling of “No, not another Kikuyu again!!!” especially among the Kalenjins, Kambas and Coastals. My very strong speculation thus is that our next President will be Raila Amolo Odinga, after a guerelling run-off! Where does thus the other Presidential aspirant get placed? William is a flowe girl is as much as the Presidency is concerned and nobody including himself expects to win the presidency, buthe looks forward to being a spoiler for Raila and Uhuru! He might actually “lose in a democratic free and fair election” to Cyrus Jirongo or Eugine Wamalwa during the URP nominations- Please tell me am joking! Kalonzo Musyoka has outside chances only,and only if G7 back him during the elections. Unfortunately nobody seems to trust himin the G7! Kibaki is his friend and is grateful to him for giving legitimacy to his Presidency, but he might as well read the words former President Moi told Siatoti in Lugari in 2007 when he introduced Uhuru Kenyatta in his presence as the preferred Presidential Candidate for him and KANU! BUT, and avery BIG but, should Kalonzo secure the backing of G7 he will then secure a re-run against Raila Odinga and my prediction is that he would the beat Raila hands down! He will easily get absolute majority votes from Central, Coast, Eastern and Rift Valley regions against Raila. I struggle to see any other serious contender outside the 3 above, i.e.Raila kalonzo and Uhuru for the Presidency but Ibeg to explain away a few of the overrated pretanders! 1. Wycliffe Musalia Mudavadi He has no message, purpose or strategy apart from hoping that the Raila-Haters will pick on him as a compromise candidate. Unfortunately for him, the Raila haters ate not looking for a compromise candidate, they are looking for a Raila-beater and they do not believe he has what it takes to beat Raila. Whats more he does not have an organic relationship with the Raila haters,he is not trust-worthy. To make matters worse he is mean,a poor orator and a Maragoli apologist! I western he will easily lose to Cyrus Jirongo who is eloquent, a free giver and hails from his own county members but who are complaining of neo-colonialism from Maragolis. In Vihiga County the Tirikis and Banyores (about 60% of the county voters) have a complaint against Maragolis in general and Musalia in particular.Even among the Maragolis, the Vihiga residents are not happy with Musalia and may just rebel in solidarity! During his tenure at DPM and Minister for Local Government only Maragolis from Sabatia have been seen to benefit while their brethren have himbly taken the flak on their behalf. E.g. It is only during Musalia tenure that Maragolis from Vihiga have not held the Mayor’s position as it was hoarded by their Sabatia brothers under the close watch of Musalia. All major Luhya, nay Maragoli appointments in government during Musalia’a tenure have been to his Sabatia Maragolis at the expense of Vihiga Maragolis! Sample this; Mable Imbuga- Deputy Vice Chancellor JKUAT hails from Maragoli(Sabatia); Prof. Florida Karani Chancellor Maseno University hails from Maragoli (Sabatia); Kisia the immediate former Town Clerk Nairobi City Council is a Maragoli (from Sabatia); His Worship the Mayor of Nairobi, George Aladwa is Maragoli (from Sabatia); a Chief Accountant of Nairobi City Council- who was interdicted due to the cemetery saga is a Maragoli (from Sabatia); The Secretary General of Maendeleo ya Wanawake Ms.Alice Kirambi is Maragoli (from Sabatia); The Vice Chair of the IDP Resettleme Committee in the Office of the President is Hon.Moses Akaranga, a Maragoli (from Sabatia). Musalia sa so far not held or defined an agenda for the Kakamega, Busai and Bungoma.Neither does he have foot soldiers or an argument to support his effort so far, UNLESS he links them to Raila! Will these biases play out to determine anything? I leave it to you to predict. What am sure of is that, Hon. Musalia will neither have a full command of his Vihiga County nor the vote-rich Western Kenya. 2. Martha Karua In her effort to stand out as being different and independent, Martha Karua is neither the women’s candidate nor a Kikuyu candidate! She comes across as a person very keen on procedure and a faithful supporter but also as too independent for the power movers and abit anti-Kikuyu, her home turf. While the potential is there and all accept that she has what it takes to lead this country, she still has not yet clicked on the WOW! Factor that would turn her evidently latent potential into real votes. Actually she is the most anti-Kikuyu elite Presidential aspirant so far! She does not seem to have the capacity or idea on how to turn her elaborate and impressive party machinery into an equally massive campaign bulldozer to her favour! She will lose it out to Uhuru and or his machinations! 3. Prof. George Saitoti Apart from suspicion that he has accumulated sufficient goodwill, wealth, machinery and experience to stage a formidable Presidential Campaign, there is no evidence that Saitoti will actually have a strong impression anywhere apart from his Kajiadoenvirons. Kindly allow me not to waste your time and my ink as the rest are nowhere near being serious contenders to lead this country through the ballot in so far as 2012/13 is concerned. Do you have a contention? Bring it on! Conclusion: 1. There will be a run off . 2. Raila will be in the runoff! 3. Raila will be the next President if Uhuru is his main opponent in the run off 4. Kalonzo will be the next president if Raila is his main opponent in the run off. May we have a peaceful election, am not sure about the said election being free and fair considering the obstacles infront of IEBC, Parliamentary fiat and the lack of reforms in the Police- an important section of the election machinery! Talk to me!

WAMALWA STARTED ON A BAD NOTE!

The newly appointed Minister of Justice, Hon Eugine Wamalwa started off his duties by gracing a ‘Prayer Rally’ for a section of the PEV ICC suspects at Litein in Kericho on Saturday last week. In this rally he emphatically declared that “I don’t care what anyone has to say..!” in reference to his continued attendance of the said prayer meetings.
The Ministry of Justice, National Cohesion and Constitutional Affairs which he heads is supposed to spearhead cohesion including integrating the victims, perpetrators of law breakage and law abiding citizens. Pray, just how does Mr.Wamalwa intend to do this with the PEV victims and the only known PEV suspects when he declares that he will listen to NO ONE while attending the suspects’ political chest thumbing rallies!
That’s not all, his ministry is the lead agency in the appropriately named K-NICE (Kenya National Integrated Civic Education) Programme that among others will enhance citizens knowledge of the constitution, promote people participation in the constitutional implementation and help mid-wife a truly new Kenya! Just how will this happen when the titular head, the Minister himself has unequivocally declared that he will not listen to anyone? Why should others listen to him or worse listen to each other.
I expected that Hon. Wamalwa would take time to first articulate his vision and programme for the ministry during his term. This would have served as a pre-view to his Presidency and a chance to be taken seriously from the word go!
Mr. Wamalwa must give priority to the Judges and Magistrates Amendment Act, The County Government Bill, the Land Bills, the Leadership and Integrity Bill all due in Parliament before August this year. He should have used his honeymoon period- for lack of a better word, to court all sections of the Kenyan society to develop and nurture goodwill than be sectoral and confrontational.
The naivety of Hon Wamalwa is going to be the most costly mistake Kenya will incur in so far as reforms are concerned in this country only second to the Post Election Violence of 2007/8 unless the civil society, religious community, the private sector and the general population stamp their authority not to surrender the fate of this country to possible embryonic experimentation by an overzealous marionette.

Witness Protection Programe Status Review.

By ndolo asasa Esq.

Introduction:
The Witness Protection Act was introduced and passed in parliament in 2006 and came into effect on 1st September 2008 upon being accenting to by the President and publication in the Kenya Gazette.

This Act inter-alia establishes the Witness Protection Agency, Witness Protection Programme, Witness Protection Advisory Board and Witness Protection Tribunal

The Purpose:
The Witness Protection Agency is established (Article 3B-1 of the Act) to provide the framework and procedures for giving special protection, to persons in possession of important information and who are facing potential risk or intimidation due to their cooperation with prosecution and other law enforcement agencies.

The Agency’s mandate(Article 3C-1 of the Act) thus include;
(a) establish and maintain a witness protection programme;
(b) determine the criteria for admission to and removal from the witness protection programme;
(c) determine the type of protection measures to be applied;
(d) advise any Government Ministry, department, agency or any other person on the adoption of strategies and measures on witness protection; and

To execute its mandate, the Agency has, among others, the following powers (Article 3D-1 of the Act);
1) control and supervise its staff in a manner and for such purposes as may be necessary for the promotion of the purpose and the object for which the Agency is established;
(b) administer the funds and assets of the Agency;
(c) receive any grants, gifts, donations or endowments and make legitimate disbursement therefrom;
(d) enter into association with such other persons, bodies, or organizations within or outside Kenya as it may consider desirable or appropriate in furtherance of its object and purpose;
(e) enter into confidential agreements with relevant foreign authorities, international criminal courts or tribunals and other regional or international entities relating to the relocation of protected persons and other witness protection measures;
(e) open bank accounts for the funds of the Agency;
(f) collect, analyze, store and disseminate information related to witness protection;
(g) give such instructions to a protected person as the Agency may consider necessary;


(h) search the protected person and their property and seize items regarded by the Agency to be a threat to the protected person or another person or the integrity of the programme;
(i) summon a public officer or other person to appear before it or to produce a document or thing or information which may be considered relevant to the functions of the Agency within a specified period of time and in such manner as it may specify;
(j) invest the funds of the Agency not currently required for its purposes.
Article 3G(1) of the Act envisions independence for the Agency and underscores non-interference from ANY authority.

Advisory Board.
The following are designated as Witness Protection Advisory Board Members (Article 3P -1&2)

(a) the Minister (thematically in charge of the programme) as chairman;
(b) the Minister responsible for matters relating to Justice;
(c) the Minister responsible for matters relating to Finance;
(d) the Director-General, National Security Intelligence Service;
(e) the Commissioner of Police;
(f) the Commissioner of Prisons;
(g) the Director of Public Prosecutions; and
(h) the Chairperson on the Kenya National Commission on Human Rights.

The said Board shall (Article 3Q-1):
i. Advise on the formulation of witness protection policies in accordance with the current law and international best practices;
ii. Have general oversight on the administration of the Agency;
iii. Approve the budgetary estimates of the Agency.

Protection Regulations:
Witness Protection Regulations were gazetted (Gazette Notice No.10/2009) on 29th January 2009 by the Attorney General as provided for under Article 36 of the Act.

These Regulations focus on;
• Ensuring measures are in place to protect the witnesses
• Assisting witnesses to testify
• Maintain confidentiality
• Act impartially when working with other parties

The Constitution:
Chapter 8 Article 118(1) guarantees public participation and involvement in the legislative and other business of Parliament and its committees.
In addition, Article 119 (1) in the same chapter secures the right of every person to petition parliament to consider any matter within its authority.

The constitution further empowers the judiciary to speedily dispense of justice {Chapter 10 Article 159(2)} as guided by the national principle and values of governance stipulated in Chapter 2, Article 10 of the constitution

Parliamentary Standing Orders
The constitution through Chapter 10 {Article 109(1) and Article 124} empowers parliament to pursue its mandate by its own procedures (read Standing Orders).

The Standing Orders of Parliament (2008), Section 196 provides for the establishment of a Parliamentary Committee on Implementation whose mandate among others include;

• Scrutinise the resolutions of the House (including adopted committeereports), petitions and the undertakings given by the Government on the floor of the House.
• Examine whether or not such decisions and undertakings have been implemented and where implemented, the extent to which they have been implemented;
• Ensure such implementation has taken place within the minimum time necessary;
• Establish whether or not legislation passed by the House has been operationalised and where operationalised, the extent to which such operationalisation has taken place within the minimum time necessary.
• The Committee may propose sanctions to the House on any Minister who fails to implement resolutions of the House.

The Status:
1. The Witness Protection Agency has not yet been established 5 years after being passed by parliament, almost 3 years after being gazette.
2. Parliament is not willing or able to effect the Agency’s establishment. No effort has been made to follow up, especially by the Committee on Implementation as empowered by the Standing Orders (N.196)
3. The Advisory Board if constituted with the current office bearers of constituting the Board will largely destroy credibility and confidence in the agency and its capacity to realize its mandate especially with regard to Post Election Violence and Economic Crimes. The envisioned members would thus include the Minister for Internal Security, Police Commsiioner and Mr. Uhuru Kenyatta the Minister for Finance! All these office bearers have adversely been mentioned in regard to the Post Election Violence of 2007/8 by the Waki Report, KNHRC Report and the ICC Prosecutor.

I Suggested the following redresses:
1. Seek judicial compulsion for the government and parliament to execute their mandate and ensure that the Agency is set up as envisioned and established by law
2. Compel the government, through the court and the relevant parliamentary committee, to make the necessary changes in the office bearers of composite membership of the Advisory Board to eliminate any risk of conflict of interest.
Conclusion:
If so redressed, the following will be realized;
• Institutions of government, more so parliament and the executive will be compelled to execute their mandate
• Witness protection will be secured for local and international use
• The public will be mobilized and energized to participate in the implementation of laws and the constitution.