Reject Online issue 35

March 1-15, 2011

ISSUE 035

A bimonthly on-line newspaper by the Media Diversity Centre, a project of African Woman and Child Feature Service

Birth certificate scam

Demands for sex and bribes hit registration of persons’ offices

By RYAN MATHENGE, JOSEPH MUKUBWA & LIZ WAMBUI Nyeri, Murang’a and Nakuru offices of Registration of Persons have been a beehive of activity where parents with children awaiting to be registered as KCSE and KCPE candidates have been looking to get birth certificates in the past two months.

In some places students were also away from school queing for the document and missing classes for a numbner of days.

While the Government has asked that parents get these documents, which in any case they should have been given at delivery, infrastructure in place is making acquiring the documents a nightmare that many parents are unable to wake up from.

The whole process has been marred by poverty, bribery and sexual exchanges from desperate parents and corrupt Government officials.

Many of the parents’, especially poor women have been sleeping at Murang’a District Hospital benches to be able to be among the first to be served the following day.

Investigations by The Reject revealed that benches at Murang’a District Hospital have been full with the parents posing as patients.

They cannot afford to travel back home and return to collect the birth certificates.

Murang’a district registry serves constituencies of Kiharu, Kangema, Mathioya, Kandara, Maragua and Kigumo.

Mary Mukami is among many of the parents who have spent days at the district offices in efforts to get a certificate for her daughter who is expected to be registered for her Kenya Certificate of Primary School Education.

“I was forced to camp at the District Hospital which is a 24 hour facility when I realised that I could not afford fare home yet every day I am promised that the certificate will be out the following day,” said Mukami.

Investigations also revealed high levels of bribery at the offices. A number of young ignorant mothers have also fallen victim to middle men who lure them into their homes or lodges with false promises of assisting them the next morning.

Although, many of the young mothers have

declined to respond to the claims made by the older women who allege that the younger ones report late but end up being issued with the birth certificates before the end of the day.

Many of them said they had to part with between KSh500 and KSh2,000. However, middle Continued on page 2

Parents wait in long queues for many days to secure birth certificates in Nyeri town. Below: Students from different schools queue outside Sheria House where they sought birth certificates that would enable them register for national examinations.

Pictures: Joseph Mukubwa & Correspondent

Read more Reject stories online at www.mediadiversityafrica.org

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ISSUE 035, March 1-15, 2011

Unfiltered, uninhibited…just the gruesome truth

Parent’s nightmare in birth certificate scam

Continued from page 1 men are used by the departmental staff to identify those who will not raise alarm when asked to part with cash to facilitate processing of the documents within hours.

The staff, a source disclosed, work in cahoots with some middle men among them cobblers in town who are used to identify those asking for the way to the registration department offices.

In Nyeri, hundreds have camped at the registration of persons offices in an attempt to get the documents. Many parents are seeking birth certificates for their children. While, many thought it would be a simple process, parents are complaining about inordinate delays in processing the certificates.

Just like in Murang’a, majority have been spending cold nights on the nearby hospital benches so that they can get to the registration offices early with the needed papers.

Long queues that have been witnessed since last year start at 7am to 6pm daily.

Bribes

Parents who thronged the office for the service complained of inefficiency and accused officers of soliciting bribes before they could process the certificates.

Mary Muthoni, a mother of four children said she had visited the office more than five times only to go home without a certificate as she could not raise the KSh1,200 to bribe an officer was asking for. She only had the KSh50 fee that was required as the official fee for one to get the document.

“They are demanding between KSh500 and KSh2,000 for quicker services. If you have it, you can go home with the certificate within a day but if you have nothing, you can keep coming here even for two months,” said Muthoni who had travelled all the way from Wariruta in Kieni district.

Most of those jamming the offices are from Nyeri County constituencies which include, Mathira, Kieni, Othaya, Nyeri Town, Tetu and Mukurwe-ini. Others have been travelling from as far as Kirinyaga County depending on where one was born.

Parents are now appealing to the Government to equip the office with modern equipment like computers which can be used to hasten the processing of typing certificates.

Mothers with babies on their backs were seen sleeping on the grass as nobody seemed to care. Efforts by the Reject to get comments about the bribery allegations from the district birth and registration officer Mr S. Kimotho failed as he was out of office.

In Nakuru County residents decried poor management in the department of civil registration office. The complaints have been necessitated by a huge backlog of pending applications that are yet to be processed by the office which serves the greater Nakuru District and at times extending to the entire Central Rift region.

Exam registration

A spot check at the office revealed that officers were overwhelmed by the huge numbers of people seeking to be served on any given day.

In the midst of the crisis have emerged conmen and middlemen who collude with some of the staff to offer shortcuts into the process for KSh1,500.

Thousands of parents have been camping outside the offices for the last month seeking to get birth certificates in time to beat the deadline for national examination registrations.

The problem is further compounded by thousands of others who are seeking the vital documents in order to register their children in school for the first time.

Nakuru human rights activist, Mr David Western Kuria decried the problem and called

Residents take CDF to KACC

By JOEL JUMA

Residents of Bumula Constituency in Bungoma County are set to move to court to obtain an injunction to freeze Constituency Development Fund (CDF) accounts.

They have since written to Kenya AntiCorruption Commission (KACC) director, Dr PLO Lumumba and asked him to investigate alleged mismanagement of the funds.

Embezzlement

Their lawyer, Boniface Otsula said the residents want the accounts frozen until KACC completes its investigations. “The residents do not want the CDF committee to make any further withdrawals until investigations are completed,” Otsula explained.

A Government report for 2008/2009 financial year cited substantial embezzlement in a KSh37.4 million water project in Bumula.

The Controller and Auditor General Report on appropriation accounts indicated that an expenditure of KSh37.4 million had been incurred yet there were no benefits to residents. The report further indicated that no dam had been constructed as entailed in the project.

“Instead, the contractor laid pipes from an existing water project known as Malakisi Water Station, which supplies water to Malaba town,” read part of the report.

In a letter to the KACC director dated January 27, 2011, the residents said Constituency Development Board Secretariat had failed to address their complaints. They further lamented that their complaints to the former director of KACC had not been dealt with either.

“This time round, please come to our aid and help rescue our CDF,” they said in the letter.

Determined parents withstand the long queues to secure birth certificates for their children.

Below: One of the parents fills in the application form in readiness for the process. Pictures: Joseph Mukubwa & Correspondent for urgent intervention from the Ministry of Immigration and Registration of Persons.

“Our investigations have shown that the office is understaffed and the work load is so huge that some parents are forced to sleep on the verandah for close to one week to be served,” he said, adding “most parents came from far flung areas of Central Rift”.

Kuria added that Standard Eight pupils and Form Four students were already being sent away from schools for lacking the document that is a pre-requisite for national examination registration.

“The Ministry of Immigration and Registration of Persons has failed miserably,” reiterated Kuria. He called on the Government to decentralise such basic services as that of civil registration and equip the department with ample staff and materials to ease the congestion.

In Murang’a East, the District Commissioner Mr George Natembeya ordered an operation that netted seven people suspected to have been masterminds of the birth certificate corruption owing to many complaints originating from parents. Those netted in the operation included some government employees who were accused of extorting thousands of shillings from the parents.

“We have been forced to deploy more staff at the department to help hasten the process to end parents’ suffering. I am not aware of any bribery claims as nobody has reported any incident,” said Natembeya when he spoke to the Press.

The administrator has however called on parents to ensure that all their children are registered to avoid the last minute rush.

Parents are now appealing to the Government to equip the office with modern equipment like computers which can be used to hasten the processing of typing certificates.

“Many of the parents wait until the last minute only to camp at the office yet last year after examination registration was completed they failed to use the opportunity to ensure their other children are registered,” said the DC.

Agony

This year candidates are under pressure to present birth certificates to enable them register for the national examinations.

Peter Ngaruiya said his parents have been camping at the offices in turns since mid January and they are yet to get the registration document. “I have no alternative but to repeat Standard Seven which is not my wish since I will not have beaten the deadline,” said Ngaruiya.

Meanwhile, the Nakuru District Commissioner, Mr Kangethe Thuku visited the offices after numerous complaints were made to his office about the rampant corruption, favouritism and poor delivery of services at the registration of person’s office.

He assured thousands who camped outside the offices that the services would soon be decentralised. “This problem is multi-faceted. On the one hand are the parents who wait only until the last minute to procure the important documents. On the other hand are brokers who rip-off hapless Kenyans. But the greatest problem is the Department which is highly centralised,” he said.

Residents complained that there was need to make allocations for newly created districts in the region whose residents are forced to access services in the provincial headquarters.

According to civil registration officers in Nakuru, the office has the capacity to process only 50 certificates a day against thousands of applications.

Ghost projects

Former PC Maurice Makhanu, civic leaders and the business community among other leaders signed the letter. They cited the construction of a water dam and laying pipes in Mukwa, Kibuke and Siboti locations as some of the projects KACC should investigate.

“The project was commissioned by President Kibaki in 2007 and KSh37 million was spent but locals have not seen a drop of water,” read part of the letter. They further cited alleged allocation of funds to a secondary school twice yet the institution received only the first batch of the money.

“Netima Secondary School and St Patrick Netima Secondary School are one and the same. However, an allocation of KSh900,000 and KSh800,000 was made to the school but only the latter was received,” residents claimed.

Lands Assistant Minister Bifwoli Wakoli who is the area MP has constantly dismissed the allegations as ‘baseless’. Wakoli told the press that there is political mischief in the allegations.

“Those behind the allegations had political ambitions in the constituency,” he claims.

In the letter to KACC, residents further claimed the CDF committee was incurring ghost expenditure. They said KSh2.4 million was allocated to Kabula Dispensary for an ambulance yet no vehicle has been purchased.

“Other ghost expenditures were incurred during the purchase of Kamaeti Secondary School bus, construction of CDF office, cattle dips, chiefs offices among others,” said Joseph Wekesa, a resident from Kabula location.

ISSUE 035, March 1-15, 2011

Unfiltered, uninhibited…just the gruesome truth

3

Can camels mitigate against drought?

Hundreds of cattle lost to harsh weather provoke thoughts of alternatives

By HUSSEIN DIDO

Recurrent drought in northern Kenya has had serious socio-economic and political implications. Lack of rain has adversely affected efforts to alleviate and improve livelihoods among the pastoral communities. The North Eastern and upper Eastern regions are prone to drought hazards and records indicate that a major drought is likely to occur every four to eight years.

Poverty

Among pastoralists, the drought often finds them unprepared. This is followed by predictable knee-jerk responses like relief food donations and livestock off-take programmes.

A herder, Mr Mohamed Godana who moved with his 50 heads of cattle to Kinna in the search for pasture and water in the last famine, found his way back home with only two animals, losing thousands of shillings when his animals died in the ravaging drought.

The herder has since been reduced to a beggar and has to rely on relief food. “It has been a long struggle because I have spent most of my life rearing animals but I did not expect them to be wiped out by drought,” says Godana, one among hundreds of the herders who lost their livestock.

To mitigate against the drought, pastoralists have to learn that unpreparedness at government, private sector and community levels has cost them billions of shillings. The drought is of grave concern as hundreds of

cattle and human lives end up being lost due to drought and hunger respectively.

The famine has had a negative impact on the food situation since most of the pastoralist communities bank their livelihood on livestock. In areas like Isiolo, Mandera and Marsabit people have turned to feeding on wild fruits.

This is an indication that Government is least prepared in handling drought. The Government should have learnt from the past experiences that relief rations are not a solution and should have instead prepared the communities on the need to manage situation for sustainability.

Policy

Leaders in Upper Eastern feel there is need for supportive policies and long term drought mitigation measures that are effective, practical, sustainable and acceptable. They asked the Government to commit itself to putting in place policies that would address food security and drought situation.

Led by Mr Hassan Galma, the leaders hailed Minister for Livestock Development Dr Mohamed Kuti for the swift action in raising the red flag over the drought situation.

He said the minister had done part of the job but other government agencies must move in to support the Ministry to consolidate its efforts to address the problem of drought in

A camel herder tending to his animals in northern Kenya. Cattle in the region have succumbed to death due to the raging drought in northern Kenya. Picture: Hussein Dido the country. Galma said the Government should have addressed the current food situation having in mind the traditional ways of life.

“The Government should refocus on restocking pastoralists with camels that have proved to be resistant to drought and add more money to the underfunded Ministry of Livestock Development,” he said.

Camels play multiple roles in pastoral production systems whereby milk production is perhaps the most important in addressing the issue of food security.

Communities in Northern Kenya and those living in arid and semiarid regions have been forced to rear camels to overcome the effect of global warming.

Hundreds of pastoralists have abandoned the traditional rearing of

cattle and goats and replaced them with camels due to its ability to adopt to the harsh weather conditions that is synonymous with the northern region.

Products

Galma said camel meat is a delicacy not to be missed especially during festivities adding that communities that consume blood also breed camels for food.

Male camels are also used for transportation in addition to playing other roles in the community like payment of dowry and compensation in rue parties in clan.

In Isiolo and Laikipia districts, pastoralist communities that depend on camels earn over KSh50,000 per month if they have four animals producing milk. The prices ranged from

KSh15 to KSh40 per litre and an average of 59 percent of the total income is usually from the sale of camel milk.

According to a survey carried by camel milk producers operating in Nanyuki, daily records indicate that about 134,100 litres of milk, worth over KSh4.1 million per month were sold.

The highest amount of milk produced in the region finds a market in Nairobi while others were repacked and sold at exorbitant prices in supermarkets.

Hundreds of local residents have resorted to taking camel milk because it is readily available during both the rainy and dry season unlike cow milk where production goes down with drought. Camel milk is also preferred due to its high nutritional value that other livestock milk in the world.

Milk to be sold through dispensers Farmers fail to meet demand

By EKUWAM ADOU Using an automated teller machine you can soon draw camel milk from a dispenser strategically located along the streets of major towns.

Depending on the amount of coins inserted into the dispenser and a container of choice, one will be able to draw camel milk for domestic consumption.

To ensure that milk stored in this dispenser is safe to drink, software that will detect when the milk goes bad will be installed.

Instant messages will be sent to the proprietors mobile phones, whenever milk in the dispenser goes bad and is called upon to correct the problem.

“An SMS will be sent to milk vendors to alert them of the problem. If it is not rectified immediately, the machine is automatically blocked from dispensing the milk,” explained Omar Sheik, regional livestock project officer in charge of the dairy camel milk project at Ewaso Nyiro North Development Authority.

In the pilot phase, three milk dispensers will be located in Nairobi, mostly in areas inhabited by Somali pastoralist community in Eastleigh, Jamia Mosque and South C before it is rolled out to the rest of the country.

Construction of the state of the art modern camel milk plant will kick-off soon in a bold move by the

Government to streamline and commercialise camel milk production and distribution.

The KSh1.5 billion plan will be implemented by Ewaso Nyiro North Development Basin Development Authority (ENNDA).

The plan follows a successful feasibility study undertaken by the ENNDA and Egerton University on the viability of commercialization of camel milk, which came up with favourable findings on the potential of the camel milk sub-sector.

“The camel milk sub-sector is now much larger than that of cotton and pyrethrum sub-sectors put together. It has potential for growth to rival or eclipse coffee and tea sub-sectors where A fresh milk dispenser in one a lot of government money has of the local supermarkets. been channelled for years,” said Camel milk will soon be availed Omar. through similar technology.

According to the 2009 popuPicture: Correspondent lation and housing census the litres of camel milk is daily transcamel population in the country is about 7.9 million. About 1.7 mil- ported from Isiolo by bus to Eastlion camels are found in pastoral- leigh for onward transmission to ist areas. The commercial value of other destinations in the country camel milk has not yet been exploit- and sometimes to Arab countries.

However the safety and hygiene ed, much as the country produces of milk is compromised due to the about 340 million litres of milk with the value of about nature of storage in plastic containers measuring between three to 20 KSh8 billion.

Omar indicated that the move litres.

Milk collections centres will be was driven by increased international recognition of camel milk as a stationed in Garissa, Wajir, Isiolo natural health product in treatment and Mandera where camel farmers can take their milk for onward of diabetes and other ailments.

Currently about 4,000 to 6,000 transmission to Nairobi.

for humped animal’s milk

By HUSSEIN DIDO

Camel herders have failed to meet the high milk demand for its customers for years in Kenya as hundreds of Kenyans turn to the products due to its high nutritional value.

An assessment survey conducted by the Netherlands Development Organisation (SNV) in partnership with Veterinaires Sans Frontier-Suisse and supported by European Union and the Food and Agriculture Organisation found out that the demand for the milk has grown across the country but consumers have failed to access the product.

According to the SNV Economic Development advisor, Mr Morgan Silome, the milk demand baseline survey on supply indicated that only 6,000 litres found its way into the market against a growing demand.

“Camel milk has high nutritional value compared to other livestock due to its adoption and ability to feed as browsers,” he said.

Silome was addressing hundreds of camel milk suppliers during a milk stakeholder’s workshop in Isiolo that brought together players in the sector.

He said the organisation, in partnership with other donors, had embarked on a programme to build the capacity of producers, wholesalers and retailers on hygiene, better supply and alternative feeding for the camels.

Last month, Ewaso Nyiro North Development Authority launched a marshal programme to rejuvenate the sector to benefit hundreds of the pastoral commu-

nities faced with starvation in the country.

According to the Managing Director, Mr Rashid Kassim camel rearing has turned to be the only way out for pastoralists due to its survival and source of milk production.

“The region will soon start reaping from camels if Ewaso Nyiro North Development Authority finalises the establishment of milk processing factories at a cost of KSh68 million in the region,” explained Kassim. Camel rearing is commonly practiced in Wajir, Mandera, Garissa, Isiolo, Tana River and Marsabit districts among other areas in the country.

Kassim said the Authority will create three centres in Isiolo, Garissa and Nairobi to add value to camel milk by pasteurizing it for longer shelf life. Camel milk has been found to have longer life span than goat or cow milk ranging from 24 to 32 hours.

The project will tap into over 340 litres of camel milk produced daily from the camel rearing areas of northern Kenya.

The market value of the produce before value addition is estimated at KSh8 billion annually.

“The value of camel milk surpasses the annual worth of pyrethrum and cotton and its time the government turns to integrate camel milk into national dairy products consumed nationally,” explained Kassim said. According to 2009 national census there are about 1.7 million camels in the area and the Government should consider camels as alternative animals to be reared in pastoralist areas since they are drought resistant, hardy and produce more milk than cattle and goats.

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ISSUE 035, March 1-15, 2011

Unfiltered, uninhibited…just the gruesome truth

Taming the juala menace

Though a good move, new law to outlaw plastic bags will leave many people without a source of income

By DAVID NJAGI The mid-morning calm is occasionally disturbed by a frenzied marabou stork calling for a mate. Nearby, a group of women comb the ground for waste without noticing the charade playing out among the flock of birds.

Once in a while, some who are carrying children on their backs will straighten up and let out a yawn. It is the beginning of another day at the Dandora Municipal dumpsite, which is an hour’s drive from Nairobi city.

A loud honk by a truck loaded with waste disturbs the calm, announcing the entry of one of the many private city garbage collectors who make daily trips to drop solid waste at the site. The United Nations Environmental Programme (UNEP) estimates that over 2,000 metric tonnes of waste is deposited daily at the 30-acre dump site.

Four decades of activity at the site have piled a giant mould of waste ranging from electronics, foodstuff, plastics and any other imaginable filth that litters the city. It is from this collection that Jacqueline Waithera has been eking out a living in the last five years.

Income

The mid-morning rendezvous found her sorting out a mix of waste at the dump site. By this time, she had two sacks filled with reeking juala (plastic) bags. “After this I will go clean them, do some polishing then resell to my customers,” explains the mother of three children. “In a month, this can fetch me at least KSh6,000 which I use to feed my children and pay rent.”

Like Waithera, many residents living near the dump site have found some sort of employment from the garbage. The income generating chain is also a source of livelihood for truck drivers like Samuel Ndung’u.

His employer pays him KSh10,000 every month to ferry waste to the site, a job that pulled him out of the jaws of crime.

“This is a job that most people dislike because it is associated with filth,” says Ndung’u. “But I have come to accept it because this is how I earn an honest living. I wish the Government could develop policies that take care of low income people like us because I know many jobs can be created through solid waste management.”

His determination to be an honest citizen may come to bear. Chances of him being heard by policy makers remains a mirage. It will not be long before Ndung’u finds out that the Government he is putting his hopes on, is just about to put him out of business.

Juala ban

On January 6, 2011, Kenya joined the list of other East African countries that have banned the use of plastic bags. According to the National Environmental Management Authority (NEMA), plastic of less than 60 micrones thickness have been outlawed.

NEMA director general, Dr Ayub

Women dig through at the Dandora dump site where they are collecting plastic bags for reselling.

Below: Young boys carry their juala harvest from the dump site which they take to a dealer for recycling.

Pictures: Correspondents

“This is a job that most people dislike because it is associated with filth. But I have come to accept it because this is how I earn an honest living. I wish the Government could develop policies that take care of low income people like us because I know many jobs can be created through solid waste management.”

— Samuel Ndung’u

Macharia, says the Kenya Bureau of Standards (KEBS) has a three-month timeline to effect the directive, failure to which, the environmental agency will invoke section 12 of the Environmental Management and Coordination Act, 1999.

According to the Act: “The Authority (NEMA) may after giving reasonable notice of its intention to do so, direct a lead agency to perform, within such time and in such manner as it shall specify, any of the duties imposed upon the lead agency by or under this Act or any other written law, in the field of environment and if the lead agency fails to comply with such directions, the Authority may itself perform or cause to be performed the duties in question, and the expense incurred by it in so doing shall be a civil debt recoverable by the Authority from the lead agency.”

Macharia acknowledges that the proposed changes will see the use of fewer plastics and reduce the amount that has been accumulating at the dump sites or can be found scattered all over estates across the country.

The move is expected to create more job opportunities through recycling entrepre-

neurship and save companies packaging expenses.

“This is not happening currently and a lot of polythene bags remain uncollected to rot in the dump sites,” explains Macharia. “This new gauge will make plastic bags more valuable and increased job creation for the youth.”

Cleaner city

For Waithera, however, the move could put her at risk of losing her source of livelihood since such higher value addition exercises in the recycling chain are likely to be eclipsed by tycoons.

“I read about the attempts to restrain the poor citizen from wealth creation activities and create money making opportunities for bigger business people,” says Waithera.

According to Persistent Organic Pollutants project officer at the Green Belt Movement Mr Newton Manina the organisation has no reservations with the NEMA directive.

The coordinator at the Kenya Legal and Ethical Issues Network for HIV and Aids (KELIN), Mr Allan Maleche says this will enable Kenyans gain access to a clean environment.

“It is not meant to deny some people economic opportunities,” said Maleche.

ISSUE 035, March 1-15, 2011

Unfiltered, uninhibited…just the gruesome truth

5

Turning post consumer plastic waste into health and wealth

By MARY NYAMONGO A key characteristic of urban slums is waste that is strewn all over the place, mainly in the form of plastic bags. This waste presents not only a risk to the environment but also to the health of the inhabitants.

Lucy Kirigo Maina has lived in Mitumba slum community (near South C) for the last 20 years. She is married with three children aged 15, 10 and seven years. Before she got involved in a plastic bag recycling project, she used to be a casual labourer in the neighbouring estates. She would go out in the morning to chance being asked by someone to wash clothes. She would sit by the roadside and oftentimes would wait in vain. Her daily wage, when she got something to do, was KSh200.

It was when she joined the Juala Tujitegemee (Plastics let us be independent) group in June of 2008 that her life changed. She was informed by the then Chairperson of Mitumba Trust Community-based organisation (MTCBO) about the programme.

She expressed interest and joined the group whose members had already been trained in crocheting bags.

Livelihood

The programme, she came to learn, was the initiative of the African Institute for Health and Development (AIHD), aimed at cleaning the environment by collecting and reusing plastic bags while providing women and men a chance to make a livelihood.

The group members were made to understand that plastic bags are a threat to the future if drastic measures are not taken to control their prevalence. Through making bags, the group contributes to reducing the negative impact plastics have on the environment.

The plastic bags used by the group are collected from the community while others are collected from the Dandora dumpsite in part-

nership with Jumuiya ya Mukuru Group. Nakumatt Supermarket has also partnered with the programme by providing space for bins where consumers can return their used plastic bags. Upon delivery/collection, the plastic bags are washed with soap and an antiseptic, cut into thin strips and rolled in a yarn for crocheting.

Still building

Maina did not make any money in 2008 but this did not discourage her. She continued making bags and improving her skills in the process. Her fortunes changed in 2009.

The group was facilitated by the AIHD and the American Women Ambassadors (AWA) in Kenya to access a trade fair in Nairobi in February 2009. During this fair, she sold bags worth KSh4,000. She used the money to buy food and pay rent. In April 2009, she was also involved in another fair where she sold bags worth KSh3,800.

“I made about KSh30,000 in 2009. This money came at a good time because I had a child in Standard Eight. I used that money to pay fees when she joined Form One in 2010,” says Maina.

She was very encouraged with her earnings in 2009 and this made her intensify her efforts. In 2010, she made almost KSh50,000 thanks to AIHD and Randi Lauler (a volunteer with AWA who has spent a lot of time with the group). Randi was instrumental in opening up more opportunities for selling bags.

New markets

“We are now partnering with schools such as Rusinga, Braeburn and the International School of Kenya that have helped with collecting plastic bags and by purchasing our products,” says Randi.

Maina and other members of the group have gone a step further and trained other groups such as the Salvation Army Hamza

Group and the Hawkers Market Girls’ Cooperative.

According to Maina, people buy their products because they are properly done. In addition, the bags are washable and do not ruin clothes like sisal bags.

Maina carries her needle and yarn everywhere and uses every opportunity to crochet. She has taught her children to help with cleaning and preparing the yarn. She pays each child KSh10, which he/she uses to meet personal needs.

In terms of household support she remarks: “My husband is supportive and happy with my efforts. When I earn money, I inform him and we agree on how to spend it.”

Although AIHD has trained 24 women in recycling plastic bags in Mitumba slum, only 10 are active. These women meet daily between 10am and 4pm in a structure constructed through the support of AIHD where they do their crocheting. This allows them to share new designs and to support each other.

Furthermore, the women have formed a merry-go-round to enhance their earnings through table banking. They contribute KSh200 every two weeks (roughly KSh4,000 per month), which they save. Members can borrow at a 10 percent interest ensuring that they have access to funds in case of an emergency. In addition, they contribute KSh50 per member if one of them is taken ill and needs to purchase medicine. They contribute KSh100 if one of them is hospitalised and pay a visit for social support.

Maina’s key message to other women is: “Do not look down upon yourself. Use your hands to make a living. Women should join hands and work together. Do not be dependent on others because you can make a difference.”

Lucy Maina displays a basket made from polythene waste. Below: Beautiful hand made bags on display. Plastic bags have been adopted as raw material for various artifacts.

Pictures: Mary Nyamongo

Plastic toilet bags spared the nightmare

By MUSA RADOLI A powerful sense of gloom, worry, uncertainty and loss of hope is what has gripped Mrs Prisca Achola Oduogo of Silanga area in the sprawling Kibera informal settlement weeks on end.

This state of affairs began soon after she learnt of the Government’s action against production, sale and usage of polythene bags nearly two months ago.

Oduogo, a mother of six says: “As you may be aware, for many decades we have been having big problems accessing toilet facilities where we can attend to calls of nature. Because of the acute shortage of toilets, we started using the same polythene bags to relieve ourselves and then throw them away.”

“For a long time Kibera produced what came to be popularly known as ‘flying toilets’.

But they were not the solution we wanted until when Peepoo was introduced nearly a year ago on a trial basis. It became our toilet solution instantly. We have come to depend on it entirely, but now this government action against polythene bags is a threat to that,” she says pensively.

Oduogo says their gloom and sense of despondency is due to the fact that Peepoo which had salvaged them from the nightmares of accessing toilet facilities is made from polythene bags.

“We are aware of the devastating impact the polythene bags have on the environment as we witnessed that with the ‘flying toilet’. Since the introduction of Peepoo, devastation of the environment with discarded polythene bags has reduced drastically,” she says.

Mrs. Oduogo’s views are a blanket echo of most of the Silanga residents who are beneficiaries of the Peepoo toilet in a pilot project introduced by a Swedish Non-governmental Organisation (NGO) Peepoople, targeting 20,000 households in the sprawling Kibera informal settlement estate.

Peepoo is a personal single use toilet that sanitises human excreta shortly after defecation preventing the faeces from contaminating the immediate and larger environment.

Peepoole was started on a trial basis by Kenya director, Ms Camilla Wirseen in 2008 and was officially launched in October last year. There are plans to be spread to all areas of the slum before its introduced to other informal settlements in the city.

The Peepoo project was initiated in Sweden

by Anders Wilhelmson in September 2005.

During the spring of 2006, a group comprised of researchers and other interested persons was formed. Initial tests and development of a prototypical Peepoo toilet were completed later that year, followed by the formation of Peepoople AB in December. Following positive test results on

the portable toilet, a Swedish patent was initially assigned in March 2007 and granted in December. World patent PCT was assigned in March 2008.

Despite their worries, residents of the Silanga area are not aware that they are not about to lose their alternative toilets. Peepoo may look like an ordinary polythene bag, but it is not. Peepoo is made of biodegradable material which decomposes and is friendly to the environment.

Remarkably slim, measuring 14x39 cm, the Peepoo bag, essentially a bioplastic bag containing urea powder, sanitises human excreta shortly after defecation.

“It requires no water, as after use the bag breaks down and disintegrates. The treated faeces become fertiliser with a high market value,” says the website of the Stockholm-based informal urban development consultancy Peepoople AB that Wilhelmson co-founded. The Peepoole Kenya Director says that within the bag there is a thinner gauze that measures 26 x 24 cm. The Peepoo bag is easy to carry and easy to use. It doesn’t need any supporting structure.

It is from this background that the material used in the manufacture of peepoo cannot be affected by the drastic measures the government has taken against the polythene bags due to their adverse impacts on the environment as a result of their widespread use and bad disposal habits across the country’s landscape.

Ms Camilla Wirseen demonstrates to a resident of Silanga area in Kibera how the plastic toilet bag works.

Picture: Courtesy Peepoole

6

ISSUE 035, March 1-15, 2011

Unfiltered, uninhibited…just the gruesome truth

A country on a corruption drip

Mismanagement in government hospitals leaves health sector in limbo

By DUNCAN MBOYAH Corruption, the most feared dragon has reared its ugly head and chewed into budgetary allocation leaving the health facilities without drugs for emergency cases.

The situation has left Kenya’s health sector sick and with need for urgent action as payment for the treatment bills may be hard to come. A health sector integrity study report reveals that country risks being wheeled into the intensive care unit for specialised treatment.

“Corruption in Kenya is impeding access to quality, equitable and effective health services,” says the report by the Transparency International.

The study that was conducted towards the end of last year in five provinces revealed that corruption in the procurement of health resources, pharmaceutical chain and embezzlement of revenue are common and denying the citizens the right to good health.

Graft

The study also noted rampant favouritism in employment in the sector where promotion and recruitment are plagued with corruption, nepotism and tribalism, influenced by politicians and other interested parties.

“All stakeholders must join forces to address corruption and safeguard the right to health care services as required by the Constitution of Kenya,” said Mr Samuel Kimeu, Executive Director Transparency International Kenya when he launched the report in Nairobi recently.

Kimeu called on the public and civil society organisations to monitor the usage of public funds by ensuring that integrity is maintained.

According to the lead researcher Dr Teresa Nyambegera, poor accountability mechanisms and cases of conflict of interest are affecting the quality of health services.

Nyambegera called on the Government to work towards strengthening the capacity of hospital management boards to ensure that approved facility actions are implemented efficiently.

“Let us also harmonise legislation pertaining to healthcare into one regulatory regime that clearly spells out the duties, functions and roles of each department to avoid duplication of functions,” she reiterated.

The report recommended the empowerment of Ministry of Health planners to be efficient and

Health workers help to administer an intravenous fluid on a patient. The country’s medical services are also in need of this kind of help. Below: The main entrance at the Rift Valley Provincial General Hospital, which is one of the government administered health facilities. Pictures: Correspondent effective in planning human resource to reduce cases of shortages of medical personnel in some areas when certain areas are over staffed.

It also called for the establishment of sector donor coordination committee and help in harmonising the channelling of funds towards strengthening healthcare delivery.

The study found that delays in service delivery are common as patients wait for long hours before receiving medical attention.

The study revealed that medical personnel are fond of hoarding drugs and secretly selling them to private pharmacies, where some patients are directed after missing the drugs in hospital chemists.

The report also noted poor management of grants, delay in availing HIV/Aids drugs to the patients and insufficient dissemination of infor-

mation.

During the 2010-2011 year, the Government allocated KSh41.5 billion (5.6 percent) of the national budget. This budgetary allocation is insufficient considering the enormous health challenges in Kenya such as HIV/Aids and malaria.

Also noted in the report is the haphazard construction of health facilities without clearly defined policies to govern the establishment of the new health facilities.

In a number of constituencies, there are many Constituency Development Fund (CDF) funded health facilities that lacks staff, drugs and medical supplies. “Legislators are busy constructing health facilities without necessary consideration of any substantial health indicators,” the report warns.

The report notes that Kenya has the best health policies in the region but lacked the im-

Ministry of Health lacks clear structures on how the money will be utilised, managed and accounted for.

The report echoes the findings of a procedural audit done in August that uncovered massive fraudulent dealings.

The study points to the many pending cases of misappropriation of funds and other resources that have not been accounted for.

“One of the reasons for such cases is the poor monitoring and evaluation system and lack of reports on the ongoing activities,” says the report.

The implications of the scam are dire for Kenya as the country could be locked out of the kitty if it is established that the money was embezzled.

This policy was adopted to reduce the risk of countries misusing the money. Already refund notices have been sent to Cameroon, Togo and Zambia.

“Parties responsible for theft will face sanctions, including

possible debarment from further activities involving Global Fund grants, referrals to national authorities for prosecution and requirement to fully refund the misappropriated funds,” warns the Fund in a statement.

But as the saga rages, it is emerging that Kenya is almost one year behind schedule in implementing and reporting on Global Fund grants.

The report reveals that some activities are more than three years behind schedule.

According to the report, Global Fund’s country governance structure is unclear. “The Country Coordinating Mechanism (CCM) that helps in compiling country applications for the Global Fund is not yet recognized in the current legal framework and has limited oversight capacity,” it says.

The report stipulates that the technical performance of members is low as per the required commitment and tasks to be performed based on the CCM manual which members rarely

Report

plementation capacity as the two ministries of health continue to pull in different directions as is seen with the implementation of the HIV treatment, care and support policy.

Nyambegera recommends that the ministry should review the existing referral systems to ensure that level five and six facilities are used for specialised treatment only and adequate staff are deployed on the ground. She further observed that sanctions for noncompliance to existing regulations are inadequate.

“Many chemists, laboratories and clinics endanger lives resulting to deaths of many people in unclear circumstances as a result of poor quality medical services,” she noted.

Kenya faces exclusion from global aid fund

By FAITH MUIRURI Caught in the grip of weak financial management systems and official greed, the Ministry of Health is faced with a storm that could lead to unprecedented loss in billions of shillings disbursed through the Global Fund.

Already the government has lost KSh47 billion due to lack of proper accountability mechanisms. Although investigations into the alleged misappropriation of the Fund have been intensified, donors who include Germany and Sweden have suspended their contributions to the Global Fund until all cases of corruption are uncovered and perpetrators punished.

Rejection

A study commissioned by Transparency International, reveals that the latest application to the Global Fund was rejected on technicalities.

The Kenya Health Sector Integrity Study Report, 2011 states that the Global Fund which is the key contributor to the HIV/Aids, Malaria and Tuberculosis kitty in the country, has not sent any money to oversee the implementation of Round Nine of the programme because the

“One of the reasons for such cases is the poor monitoring and evaluation system and lack of reports on the ongoing activities.”

make reference to.

It also states that CCM has experienced many challenges including power struggles and personality clashes among members and interference by the Global Fund.

Challenges

The report notes that Global Fund does not have a country level manager for the fund and previously CCM and the Financial Management Agency (FMA) have been used for oversight and this has suffered a great loss.

“The impact of the watchdog units such as the Parliamentary Health Committee in overseeing health resources and issues in the country is hardly felt”.

In Round Two Kenya lost a whole year and in Round Four, funds transfers from the Treasury to Health Ministry took a long time due to a change in the mode of transfer from cheque payment system to wire transfer.

The procurement and supply chain of medical inputs, materials and supplies for GF projects are not transparent as currently the Kenya Medical Supplies Agency (KEMSA) is experiencing challenges.

ISSUE 035, March 1-15, 2011

Migori Hospital in a pathetic state

By ODHIAMBO ODHIAMBO Migori town residents are not happy with the poor services being rendered at the district hospital.

They say doctors and clinical officers are always away attending to their private clinics and chemists.

“Patients lie in the wards unattended and crucial drugs are never available,” complained Mr Jared Omollo, a trader in the town.

However, the hospital Medical Superintendent, Dr Gregory Ganda, defended the medics saying the law allowed them to engage in private practice.

“Specialist doctors such as surgeons and gynaecologists are allowed to do private business and this is not unusual. Medical workers in public hospitals across the country are doing the same,” he said. Ganda, however, said they only attended to their private establishments after working hours.

Private clinics

The residents claimed that some patients were being referred to the private clinics where they parted with huge amounts of money.

“This is a serious conflict of interest. These people came here to make money not to serve poor Kenyans,” said Mr Barrack Owili, a retired civil servant.

He posed: “Does it make sense to abandon patients, some of whom are unable to afford the cost of basic drugs simply because the law allows you to make more money in private business?”

The residents said the hospital was usually deserted with some people including children dying as a result of negligence.

“I am not aware of people who have died due to negligence, if anything we have improved our services,” interjected Ganda.

The hospital has insufficient beds and beddings with some patients being forced to share beds or sleep on the cold floors.

Medical Services minister Prof Anyang Nyong’o visited the hospital this year where he pledged to have its services improved since it was like “a referral hospital in the region”.

The hospital serves the residents of Migori, Kuria West, Kuria East, Uriri, Rongo, Nyatike and Awendo Districts.

7

Unfiltered, uninhibited…just the gruesome truth

Inflated medical bill leaves old man writhing in pain

By JANE MUGAMBI Paying medical bills and understanding the medical jargon is not something that everyone who goes to hospital understands.

This is the dilemma facing a 72-year old man who was admitted at the Embu Provincial General Hospital for over one month without getting full treatment.

Francis Kiura was admitted at the hospital after being hit by a vehicle and left for dead at Kibugu Village on his way home.

Good Samaritan

Speaking from his hospital bed, the old man narrated the ordeal that makes him grow thinner by the day when he looks at his broken leg that has not been treated.

Kiura was admitted to hospital on November 5, last year where he was taken by a good Samaritan who spotted him by the roadside.

The person took him to hospital and made sure that doctors attended to him and only left after the old man was admitted to the ward.

Kiura regained consciousness after two days and narrated to the doctors his ordeal.

He touched his right leg and experienced a lot of pain without the knowledge that it was broken. He says all the doctors did for him for the time he was in hospital was to dress his wound every day despite them suggesting that he has a quick operation to have external fixtures inserted to help him recover.

Fixtures

He said that a lady at the hospital who volunteered and made sure that the fixtures were bought, took them to the doctor but they were kept in a drawer at the hospital by the same medic.

The doctor later came and informed him that his leg could not be fixed in the hospital and that he should go to Kijabe Mission Hospital which has orthopaedic specialists.

The old man’s agony is that he is expected to pay KSh17,000 before being taken to Kijabe Mission Hospital. He says if he had been treated, paying the money would not be a problem.

“How can I pay KSh17,000 while painkillers is the only medicine that I am getting. The doctor said that an external fixture be bought but nothing has been done,” he laments.

He argues that if he has to pay the money, he has to be treated first. Contacted for com-

Mzee Francis Kiura displays a broken leg from his hospital bed at the Embu Provincial General Hospital. Picture: Jane Mugambi ments, Embu Medical superintendent had earlier on said that he was not informed of the case but when the area MP, Mr Emilio Kathuri went to visit Kiura, he promised to look into the matter.

A hospital guard who did not want to be named said Kiura’s case is not an isolated one.

“Last week a three year old boy died while being taken to Kenyatta for further treatment after being admitted in the hospital for over two weeks without any treatment,” reveals the guard.

He says doctors and nurses are not taking care of the sick and that many die while waiting to be treated.

He said some doctors do not spend more than an hour at the hospital and when needed, they first have to receive a certain fee before treating the patients. They have thus commercialised the hospital.

“I wish something is done to avert the number of deaths that are occurring here due

to negligence,” says the guard in a low tone.

Kathuri accused the Government for not sending orthopedics to the hospital saying that Embu has only one surgeon who works full time without a break comparing it with Kerugoya that has two.

He also added that the director of medical services is supposed to send staff to the hospital saying that Kiura’s case is one of many that do not come out in the open.

No arrest

The most surprising thing is that the traffic police visited him to record a statement after pressure arose from the media reports but the person who caused the accident has not yet been arrested since he is an influential personality in Embu County.

Kiura’s leg appears to be healing but the broken bone is beginning to rot. However, the doctors still insist that he needs an external fixture.

Mwihila health facility on its death bed

By JOEL JUMA A hospital running without all the proper human and technical infrastructure is on the verge of collapse. The Kenya Power and Lighting Company has disconnected electricity supply to the hospital due to a debt amounting to KSh400,000 owed by Mwihila Mission Hospital, Khwisero District, Kakamega County.

Theatre equipment has been vandalised while the X-ray section has remained non-functional as the machines are too old. Turn up of patients at the hospital has gone down due to lack of adequate personnel.

Housing

The hospital, which rests on 11 acres of land urgently needs Government attention if it is to survive. The hospital has one clerk, one pharmacist and a health records officer in addition to the three nurses.

The house meant for the Medical Superintendent has been taken over by area District Commissioner, Ms Rachel Ramkat, making it impossible for the medical staff to be housed at the hospital.

Ramkat took over the house after the then medical boss John Talwa fled the area during the 2008 post election violence.

“He never came back despite the return of peace,” said Zadock Mbinji, chairman of the hospital management committee. Mbinji said a surgeon posted to the hospital also left secretly without their knowledge.

Dependence

The Reject has established that the hospital now relies on Pastor Peter Mmbwabi, a clinical officer for provision of services to the one time famous facility.

Mmwabi is a pastor with the Church of God and is forced to keep the hospital running despite having retired from the Government four years ago.

“The hospital will collapse as the Government and the church have not shown any signs of reviving some programmes such as the school of nursing that was phased out 10 years ago when Dr Bonny Khalwale, the current Ikolomani MP, was the medical boss,” explained Mbinji.

If Mwihila collapses, it will be the second mission hospital to close down in the region

after Misikhu Mission Hospital in Webuye went under.

Visits by patients to the Church of God sponsored hospital have gone down despite the Government having posted some health officers to the facility. The hospital has not received any funding from the local Constituency Development Fund.

A ward with empty beds at Mwihila Hospital in Khwisero Western Provincial district. The hospital, which serves the area residents is on Public Health Officer, Dr the verge of collapse. Picture: Joel Juma Timothy Olubero said the hospital will collapse Medical Superintendent, Dr Daniel Alushula because the Church has refused to hand over the facility to the Govern- said Mwihila must involve locals in the management of its affairs. ment.

He said area MP, Mr Evans Akula and proOlubero said the Government has deployed one nurse as part of reducing financial costs fessionals from the region who include Prof incurred by the facility. “The church is unable George Eshiwani and Justice Aggrey Muchelule to run the facility and the best alternative is to should be brought on board. Alushula cited hand it over to the Government,” said Olubero. poor road network, lack of drugs and experts as Kakamega Provincial General Hospital some of the setbacks.

8

ISSUE 035, March 1-15, 2011

Unfiltered, uninhibited…just the gruesome truth

Lake Naivasha is in deep trouble

By GEORGE MURAGE

Several naked children aged between eight and 15 years scream as they playfully splash water on each other.

A few meters away, women wash their clothes and rinse them letting the water flow back into the lake as another without shame or fear releases her bowels into the lake.

Next to the group is a canal and a huge generator belonging to one of the flower farms in the area pumping free water for hours on end.

From the hills kilometres away, billowing smoke can be seen lazily rising to the sky as illegal charcoal burners continue destroying the catchment area.

Once shining among the biggest fresh water bodies in East and Central Africa, Lake Naivasha is fast turning out to be a dam full of murky water as it recedes at an alarming rate.

Waters from rivers Malewa, Karate and Gilgil which are the main tributaries for the lake, dried up many years ago.

Effluent

The only liquid flowing into the once fresh lake is raw sewerage from the town as the sewer plant collapsed months ago. Effluent from some flower farms also finds its way into the lake that is slowly turning into murky waters.

To many scientists, locals, traders, farmers and stakeholders, the lake once described as the freshest lake in East Africa is facing several challenges.

Lake Naivasha is a freshwater lake in Kenya, lying North West of Nairobi, outside the town of Naivasha. It is part of the Great Rift Valley. The lake is home to a variety of wildlife with over 400 different species of bird have been reported.

There is a sizeable population of hippos in the lake. There are two smaller lakes in the vicinity of Lake Naivasha — Lake Oloiden and Lake Sonachi (a green crater lake).

The lake with an approximate area of 145km Sq. and an altitude of 1,890 meters above sea level has 90 percent of its water coming from River Malewa.

Degradation

The lake, a wetland of international importance recognised by the Ramsar Convention and a historically renowned hotspot for tropical biodiversity, has been degraded by decades of environmental impacts.

The hydrology of the lake has been drastically altered by the degradation of papyrus, swamps growing around the perimeter and at the inflow of rivers. This papyrus loss began in the 1980s, the same time as the lake level declined up to three metres due to horticultural irrigation and farming upstream.

Rivers and rainwater runoff now run directly into the lake without the benefit of papyrus swamps, bringing silt and nutrients that choke the sunlight and alter the food chain.

A joke in the town is about the tens of workshops that have been held in various hotels to find ways of saving the lake.

But shockingly none of the recommendations have been put into place as the lake dies with more meetings being called to review the proposals of the previous meetings.

According to statistics from the Lake Naivasha Growers Group, the lake currently stands at 1,885 meters above sea level.

As per their records, the Lake’s altitude was 1,892m in 1900 and the lowest it has ever gone was 1,884m in 1954.

With last year’s drought, water abstraction and destruction of water catchment area, the Lake’s shore has receded by over five kilometres in the last three years.

And as the Lake recedes, some flower farms have taken over the ‘free’ riparian land but heavy rains in the catchment area have seen water levels rise and push them back.

A research done late last year by Mr Dalmas Oyugi, a senior lecturer at Kenya Wildlife Service and Training Institute, painted a grim picture of the situation of the Lake.

Oyugi pointed out that the 648mm of rainfall received in Naivasha annually could not sustain the lake water levels. He reiterated that as the Lake’s water receded, so did the amount of fish catch, further affecting many families that rely on it as a source of livelihood.

“If River Malewa will not be conserved then I am sorry to say that the Lake will be no more in few years to come,” explained Oyugi.

According to a senior environmentalist working in one of the flower farms, though farmers are partially to blame, the Government has failed in saving the Lake.

Oyugi points fingers at lax Government officers who have failed to implement laws and policies that protect the environment including water bodies.

Deforestation

The Aberdare and Eburru forests which are the Lake’s catchment areas are facing extinction due to deforestation and farming.

“As the trees go down by the day, water flowing to the Lake decreases yet we have forest guards and NEMA officers who are inactive,” reiterates Oyugi. He adds: “Farmers upstream have diverted River Malewa for their own use further affecting the Lake’s water levels.”

Oyugi’s sentiments are echoed

by Mr James Kahora, a renowned environmentalist who has come to the forefront to champion the Lake’s cause.

Kahora, who is the executive director Indigenous Bio-diversity Environmental Conservation Association (IBECA) says it’s time for action. “The farmers know that the water is free and with the receding levels, the chemical concentration goes up,” explains Kahora.

Majority of farms do not have wetlands and the chemical run off washes straight back to the Lake.

This has affected fishing and early in the year hundreds of fish died with some reports pointing an accusing finger to the farms for pollution.

Back in the early 1980s, Lake Naivasha used to be the sole supplier of fresh fish to the capital city and surrounding towns including Nakuru.

Thirty years down the line, the popular and sweet Tilapia species is no more and fish supply cannot sustain even the fishermen around the lake.

The Lake is under attack from all corners with poaching and pollution playing a major role in the depleted Tilapia stock. Instead, an unpopular species known as Common Carp has found its way into the Lake.

Unlike 30 years ago, an annual

The Permanent Secretary in the Ministry of Fisheries Development Professor Miseni Ntiba joins Naivasha DC Hellen Kiilu in restocking Lake Naivasha with the Tilapia.

Below: David Kilo, a tour operator in Lake Naivasha navigates his boat around the lake that has been invaded by the dreaded hyacinth weed.

Pictures: George Murage three month’s fish ban has been slapped on the Lake. Every year from June to August, the lake is closed for re-stocking, a move that is opposed by the fishermen.

According to Mr David Kilo from the Lakes Anti-Poaching Unit, the ban was meant to increase the Tilapia stock but the move has failed.

“Currently, getting Tilapia from the Lake is almost impossible and we wonder what benefit the ban is serving,” laments Kilo.

“As the trees go down by the day, water flowing to the Lake decreases yet we have forest guards and NEMA officers who are inactive.”

— Dalmas Oyugi.

However, he is quick to note that poachers are a major threat to fishery as they have been fishing in breeding zones and using undersize nets.

He adds: “Huge water pumps used by the flower farms suck in fish eggs and the effluent from the farms also play a role in the depleted fish stock.”

Following the challenges, a task force consisting of government agencies, various stakeholders and NGOs has been formed to look into the troubled Lake.

ISSUE 035, March 1-15, 2011

Authority seeks ways to make exports viable

9

Unfiltered, uninhibited…just the gruesome truth

Programme launched to help fight killer diseases

By NICK ODHIAMBO

By NICK ODHIAMBO and JOEL JUMA

The Export Processing Zones Authority (EPZA) will establish export processing points in resource potential counties in Nyanza Province so as to tap the available resources to allow locals to cheaply export their products.

The EPZA Acting Chief Executive Officer Mr Joseph Kosure said there are a lot of resources in all the five counties in the region which could be tapped and exported cheaply from local areas.

The project will benefit the local people who have never thought of exporting their products. “This export plan will enable the locals to benefit since it is a way of alleviating poverty in the region in line with Millennium Development Goals. “If we tapped into the resources, we are sure the locals would benefit a lot and poverty would be reduced,” said Kosure.

Addressing investors in a Kisumu hotel, Kosure said that so far, EPZA is in the process of identifying where there are adequate resources in order to establish the export processing points where resources are available and can be utilized for export.

“We have gone to Kuria and are now in Kisumu, identifying where the resources are before establishing the processing points,” said Kosure. He added: “Nyanza has cotton, fish, peanuts and minerals. We are going to help locals exploit all these resources for their own benefit.”

He said plans are underway to revitalise the defunct industries in the region and start new ones.

“We are looking for investors to help in filleting of fish since what we get from the lake could not be enough to support the fish processing zone. We are also working with communities and investors to facilitate them to manufacture with an aim to export,” he said.

He said apart from fish, Nyanza Province has the potential in cotton production and that the EPZA is liaising with the Cotton Development Authority (CODA) to rejuvenate the dying ginneries and fabric industries in the region.

“This is something we are going to do not only in Nyanza Province, but we are thinking of extending it later to all the 47counties in the country,” he added.

The American government has rolled up another Phase of multi-billion health project to the Kenyan Government at a cost of KSh120 billion.

The project being managed by the US Agency for International Development (USAID) is a comprehensive service delivery programme aimed at providing health services countrywide. It is being implemented by the ministries of Public Health and Medical Services seeking to reduce mortality rate in the region.

The five-year project is expected to wind up provision of its services in 2015. It becomes one of the USAID’s largest health investments and is part of President Barrack Obama’s six year global initiative support to international health.

In Kenya, the project would provide the services in all the eight provinces, which would be merged to form five workable zones that include Rift valley, Eastern, Central, Nairobi, Coast, Nyanza, Western and North Eastern Arid areas.

Improved health

While the programme will pay keen attention to malaria and tuberculosis, the programme also seeks to improve nutrition among communities in Western and Nyanza provinces. Tuberculosis and malaria are rated among diseases that have contributed to the high mortality rates in the two regions.

According to Ms Lynn Adrian, the Director, USAID office of population and health, the programme will prioritise matters of HIV/ Aids, child health and maternal health care.

“We are partnering with the Ministry of Health to ensure we render quality services in line with the policies of the Ministry,” she said.

Adrian added the programme has decided to merge the provinces of Western and Nyanza to foster faster service delivery.

“We have merged the provinces into five zones following the similarity in the problems they have,” she explained.

Head of the programme, Dr Ambrose Misore said the agency’s project would basically support maternal health, HIV/Aids, food security, child health, safe water for communities, immunisation and education.

“We shall work with the local non-government organisations, community based organisations as well as youth and support groups.

We shall also train community health workers

Western PC Samuel Kilele cuts a cake with USAID director of population and health Ms Lynn Adrian during the launch of the Aphia plus programme in Kakamega.

Picture: Joel Juma for faster service delivery,” explained Misore.

They were speaking during the launch of the project for the Nyanza, Western zone at Tom Mboya Labour College in Kisumu.

The launch started with Nyanza-Western zone, before proceeding to other zones because it has more cases of health-related problems than other zones.

“Here we have a lot of problems, especially on HIV/Aids, maternal care, child health and even gender-based problems,” Misori said.

Investment

The project will include some of the over 14 islands in Lake Victoria which are currently faced with serious health issues.

“We shall buy motorboats to reach those on the Islands because they have not been reached and we should help them,” he said.

Zone one (Western/Nyanza) will receive about KSh11 billion towards its projects. This is expected to reduce cases of HIV/Aids in Nyanza province, particularly areas along the Lake Victoria region and on the islands.

Speaking later at a Kakamega Hotel during the launch of the programme for Western Province, Adrian and Western PC Samuel Kilele termed the project as “timely”.

The two said the programme will play a critical role in assisting the Government to meet the Millennium Development Goals.

The Western Provincial Director of Medical Services, Dr Godrick Onyango and his Public Health counterpart, Dr Quinto Ahindukha also addressed the meeting. The Aids, Population and Health Integrated Assistance (APHIA 11) project came to an end last year and has now been taken over by Aphia Plus.

Decline

Misore said health institutions will be expanded and renovated during the implementation of the project. “Studies have shown that diseases such as HIV/Aids, malaria and tuberculosis are causing greater suffering and deaths in Western Kenya than in any other part of the country,” explained Misore.

Onyango explained that child mortality rates were declining in the province. He added: “The funding will play a key role in fighting some of the common diseases.”

He said residential spraying and distribution of mosquito nets will be intensified during the implementation of the programme.

“The province has many health facilities that require expansion. Some hospitals have congested wards, making patients share beds,” Onyango said.

Ahindukha noted that many hospitals lacked machines such as X-ray and radiographic equipment to enable the health officer’s offer better services to patients.

Rotary club initiates water project in Samia Tanzanians invade Kenyan education system

By GILBERT OCHIENG

Over 10,000 residents in Samia District will soon have their thirst quenched when a humanitarian organisation from Japan completes a water project in the area. The Rotary Club of Tokyo in collaboration with the office of the Japanese Ambassador to Kenya has embarked on a water project set to benefit over 10,000 residents in Samia District through a project dubbed “The 10th Anniversary Kazusabori project” initiated by the Japanese government last year.

Addressing the stakeholders during a district development forum recently, project coordinator, Mr Patrick Kenga confirmed that 20 water taps have been constructed and that 10 more are under construction. “The project has cost the Japanese government KSh8 million on the first phase and another KSh4 million for the second phase,” said Kenga.

Samia District Commissioner, Ms Josephine Onunga lauded the Japanese government for taking an active part in development activities in the district.

The project was initiated with the aim of helping Samia women who would walk for about three kilometres in their search for fresh drinking water.

By ODHIAMBO ODHIAMBO The government has been asked to urgently stop flooding of Tanzanian pupils into Kenyan public schools located near the common border of the two East African nations.

Parents from Migori, Kuria West and Kuria East Districts noted that the free primary education policy had attracted a large number of Tanzanian children who have developed a liking for the Kenyan education system.

“The neighbours are illegally reaping knowledge where their government has not invested any penny,” said Mr Joel Mwita, a parent at Nyamaharaga Primary School at the Isebania border town.

The large number of foreigners in local primary schools has seriously compromised education standards in the region. Teachers are overwhelmed by the big number of pupils in classes, making it difficult for them to conduct their lessons effectively.

But private schools in the region have had booming business since the Tanzanian parents are said to pay fees in full at the beginning of each term.

When he visited Kuria recently, Nyanza Provincial Director of Education Mr Geoffrey Cherongis received a petition from the local parents who complained about the attendance of local classes by the foreign pupils.

Many of the Tanzanian children have sat their Kenya Certificate of Primary Education (KCPE) exams in the country with some posting impressive performance.

Illegal admissions

Some parents alleged that there exists a syndicate involving head teachers who receive bribes from Tanzanian parents to secure admission in the public schools.

But responding to the claims, Cherongis described as illegal any admission of foreign students into local schools without following government procedure.

“There is a clear government policy on how to admit foreign students into local institutions and those closing their eyes to this are doing it at their on peril,” he warned.

However, some parents said there was nothing wrong for the Tanzanian children to study in Kenya since they have relatives in the country.

More than 90 per cent of the pupils crossing over into Kenya are from the Kuria community, which cuts across the countries’ border.

“Those pupils belong to the Kuria community who live both in Kenya and Tanzania.

They are our relatives and it is not a crime to live with your brother’s child and take him to school,” argued Mrs Beatrice Mokame, a mother of three.

Some of the children who live near the border only cross over to Kenya for morning and evening lessons before going back to their motherland.

They take their lunch in Tanzania and come back for afternoon lessons. They then go back to spend the evening with their parents.

Local education officials said they were aware of the illegal schooling of foreign pupils in the area but said attempts to bring it to a halt had been resisted by some local parents and leaders.

“The issue has been seriously politicised and it has become very sensitive to deal with,” said Mr Williams Kamigunah, Kuria West District Education Officer.

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ISSUE 035, March 1-15, 2011

Unfiltered, uninhibited…just the gruesome truth

IDPs in Nakuru to be resettled

By JANE MUGAMBI

About 1,600 internally displaced persons (IDPs) leaving under difficult conditions at Nawamu IDP camp in Nakuru will be settled in a 300 acre piece of land at Nganduri area of Embu County.

The resettlement programme being carried

by Milimani Lions Club hopes to resettle the IDPs in the next eight months.

Speaking on tour to identify the land, Lions Club chairperson, Ms Ann Njeri Mwangi said that the land will cost them KSh48 million.

“We have already identified the land and the Club is in the process of mobilising resources to buy it,” explained Mwangi. She added: The owner of the land has agreed to sell it and we are now finalising the sale before embarking on survey work.”

The Lions Club will hold a charity walk from Nakuru to Nairobi and later a golf tournament to raise the funds. Several international nongovernmental organisations have expressed interest in the project. She hopes they will move in and assist.

The Lions Club will also assist the IDPs to restart their lives by building houses and providing them with farm inputs as a way of empowering them economically.

Recently, hundreds of IDPs took to the streets and closed down the busy Nairobi/Nakuru road to protest the slow pace of the Government to resettle them.

The protestors urged the Government to move with speed and resettle them pointing out that they had promised to resettle all the IDPs by the end of last year.

IDPs demonstrate demanding to be resettled by the government as promised.

Picture: Correspondent

Clerics join war against FGM and declare it anti-Islam

By HASSAN FAROOQ The campaign against female genital mutilation (FGM) among pastoralist communities in Isiolo District is gaining support as Muslim clerics have condemned the practice as being contrary to Islamic teachings.

Muslim leaders in the district led by Sheikh Rashid Harun, chairman of the Council of Imams and Preachers of Kenya in upper Eastern Province, termed the practice as retrogressive and dehumanising.

Plea

The clerics called on the Government to classify the practice alongside other criminal activities that attract jail terms for perpetrators. They urged the residents to stop torturing their daughters since genital cutting lacks religious backing in all Holy books besides violating their basic human rights.

“Female genital mutilation is not a religious practice and we urge the Government to classify the practice as a criminal activity and anyone found perpetrating should be punished,” reiterated Harun.

The clerics were speaking as more than 120

girls under the age of 8 years in primary schools within the town were given medals of rings and necklaces after undergoing an alternative rite of passage.

A non governmental organization campaigning against female genital mutilation, the Maasai Aid Association (MAA) sponsored tuition for the pupils in lower two primary schools, Ramadhan and Kambi Garba to engage the young people during the school holidays instead of leaving them idle and exposing them to the cut.

The initiative has achieved its target as many parents have joined the anti-FGM crusaders in the district to sensitise pastoralists communities not to engage in the traditional practice since it is a violation of the girls’ human rights.

A teacher from Ramadhan Primary School, Mrs Hawa Hussein, who monitored the girls’ progress over the holidays said many other uncircumcised girls under ten years are willing to register for the holiday tutorial to escape the circumciser’s knife.

“We need a joint effort from parents and religious leaders in the fight against the vice which is depriving our girls of their basic hu-

man rights. Majority of young girls are ready to remain in schools during holidays in order to escape the cut,” said Hussein.

Campaigns

Over the holidays, the anti-FGM campaigns targeted about 300 girls under the age of ten years identified from different primary schools in Isiolo and Garbatula districts to be picked as models for other girls to emulate in fight against female cutting. The campaigns were expected to spread to other parts of the region after the initial stage launched in Isiolo.

Last August, the organisers sensitised the communities on the dangers of cutting girls.

They called on religious leaders and provincial administration to educate pastoralists on the risks involved in the practice.

Female genital mutilation is rampant among the pastoralist communities in Isiolo and other parts of upper Eastern and North Eastern provinces.

The teachers in the identified schools where girls received the medals are calling on parents and religious leaders in the districts to fight against the practice to protect girls under the age of ten who have not been cut so far.

Training to help managers improve water services

By ERIC MUTAI The country can now expect corruption free and improved water services after the training of more than 70 technical water managers in management of projects.

The sector is expected to raise the standards through promoting transparency, accountability and integrity in management of projects.

The managers drawn from the eight water services boards, water service providers and Water Resource Management Authority camped at the Embu Agricultural Training College for a two-week training. The training funded by the Israel government’s Agency for International Development Cooperation (MASHAV).

Speaking while at the closing the training, Water Services Trust Fund (WSTF) CEO Engineer Jacqueline Musyoki called on the managers to follow procurement procedures and respond to audit queries.

“Payments to suppliers or service providers should not be made before quality as well as quantity of goods and services provided has been checked by the purchaser,” Musyoki said.

She said labelling of the Fund’s projects will be mandatory to help contain corruption in areas where joint funding with Constituency Development Funds is done.

“We all know of instances where our projects have been used as conduit for funding from elsewhere,” said Musyoki whose organisation secured the training with the Israeli Ministry of Foreign Affairs.

Israel model

The managers were trained on financial management, project design and planning, reporting, monitoring and evaluation and investment appraisals.

The Israeli deputy ambassador to Kenya, Mr Maor Elbaz-Starinsky said that the training was the first step towards implementing capacity building exercises agreed on during a visit to the country last year by the Deputy Director General of the Israeli Ministry of Foreign Affairs, Mr Haim Divon.

He said that Israeli, which is dry and has been stricken by drought since 2003 but has never witnessed dry taps. He asked the managers to ensure that rain water is harvested.

“In Israel we harvest all the rain water, use drip irrigation and purify our sewage for clean water,” explained Maor.

According to a recently launched Urban Water Sector Perception Index carried out in Nairobi, Kakamega, Nyeri, Meru, Kisumu, Kitale, Nakuru, Garissa and Malindi, 66 per cent of Kenyans have access to clean water.

The perception index cited increase of water kiosks in about 100 meters from their houses.

Musyoki said despite the challenges in implementing the Fund’s projects, the training would propel project design and planning.

She said that the managers will be able to check the viability and sustainability of the projects funded by the trust fund.

“The fulcrum on which our success lies on is from the quality of project proposals, to design, to the way procurement of goods and services is done and sensitization of communities on cross cutting issues,” reiterated Musyoki, adding that prudent project appraisals and sustainability will play a big role.

She lauded the water sector reforms saying the prospect for good service delivery will not be optional but mandatory.

Motor cycle training to help reduce accidents

By ERIC MUTAI With motorcycle riders being considered among the most dangerous road users, a new association has begun educating them on traffic rules as an attempt to curb the menace.

The Motorcycle Association of Kenya has been offering training to riders in Nairobi and has now delved into rural areas where high rates of casualties are registered daily.

The Association which has trained about 300 riders in Nairobi took its training to Runyenjes in Embu East District where eager riders were equipped with skills to avoid accidents.

The association’s technical director, Mr Benson Gachoka said that many male riders cause accidents as they try to impress their lady passengers. “The show off has resulted in many accidents and we are cautioning the riders against over speeding,” he advised.

Gachoka told the riders that they need to be conversant with traffic rules and signs to avoid mishaps as they travel on unfamiliar terrains. “Those using roads they are not familiar with are more prone to accidents and there is a need to understand the signs used to avoid causing accidents,” said Gachoka.

Licensing

Most hospitals in the country introduced wards for motorcycle victims after recording an upsurge in accidents caused by the cyclists.

The association also offers training for the riders who are then issued with licenses. According to Gachoka, most riders are not licensed and do not follow the traffic rules.

Learning and obeying the rules of the road, executing defensive riding techniques and being a cautious and patient rider can make a difference between life and death.

The riders were told to view their motorbikes as vehicles and not as bicycles. He further urged them not to ignore road signs so as not to confuse other road users hence reducing accidents. “You should be able to communicate with drivers and other road users using convectional methods without ignoring road signs,” the riders were told.

Runyenjes MP, Ms Cecily Mbarire organised for more than 600 motorcyclists from her constituency to undergo a riding training after which they will be issued with licenses.

The Association offers road safety rescue services, legal advice and insurance among other services.

ISSUE 035, March 1-15, 2011

Unfiltered, uninhibited…just the gruesome truth

11

A grim future faces tea pickers

By ALEX NDIRANGU For every visitor to Kericho, the tea rich region in southern Rift Valley, the spectacular scenery of the expansive tea fields is a sight to behold.

On this humid Tuesday morning, dozens of tea pickers, about five to ten yards of each other, are spread across an expansive farm by the roadside.

In synchronized rhythm, they expertly pick the succulent leaves throwing them in the gigantic baskets strapped on their backs.

But the whistling and singing in low monotones from pickers, which I came to learn tends to make the work less tedious, are fading away each passing day.

Machines

Instead, they are rapidly being replaced by the loud roaring of machines, a development that saw the workers go on strike to defend their right to work.

One machine, operated by two people is said to perform an equal task to 60 hand pickers.

This has put the over 80,000 hand tea pickers jobs and livelihoods on the line in the region.

Since their introduction, the machines are believed to have replaced 9,000 workers who were either sacked or sent on compulsory leave.

In 2005, the late Minister of Labour Dr. Newton Kulundu announced that he had instructed the companies to revert to using the machines on three per cent of their plantations to protect tea pickers jobs.

However, machine use has increased over the years plucking tea in up to 60 percent of the plantations according to the Kenya Plantation and Agricultural Workers Union (KPAWU) estimates, leading to workers losing jobs.

The universal declaration of human rights to which Kenya is signatory, states that everyone has the right to work, protection against unemployment and to just and favourable conditions of work, a just remuneration, among others.

The International Human Rights Day was celebrated on December 10, under the theme; ‘human rights defenders who act to end discrimination’.

In a press briefing by the Kenya Tea Board, the sector’s regulator reported that tea earned Kenya, the largest exporter of black tea, about KSh65 billion in the first eight months of the year, the highest in five years.

Despite multinationals raking in millions from the fertile farms, tea pickers still face myriad problems ranging from poor pay to the larger nightmare of being phased out by the growing trend of machine use which picks as much tea as 60 hand pickers.

According to a research study conducted by the Kenya Human Rights Commission in 2008, plantation tea workers face low labour conditions.

Research

The report notes that workers suffer sexual harassment, lack of social security and other benefits like maternity leave, shortterm and insecure employment contracts, low wages and no overtime payments. It also notes that workers are intimidated from joining unions by the fear of being sacked.

The research findings also indicate that employees continued to receive unfairly low wages despite huge earnings from the multinational companies.

On a good day, Grace Nyaboke, a casual labourer takes home KSh160. “How will I raise my children if machines take over?” poses the single mother of three. The worn out gloves on her hands are a sure testament of her many days of painstaking labour goes on the farms.

Another tea picker David Kipchumo concurs. “We are living in fear because we do not know who is next. The mechanized system of tea picking that was introduced in the country five years ago has already claimed a number of our workmates.”

Harassment

Female workers bear the heaviest burden.

They are sexually harassed by their supervisors, referred to as ‘Nyapararas’ in the farms, if they want to be retained.

“Some of them want you to go beyond your work obligations and satisfy their sexual needs.

If you don’t do that, they fake other charges on you or give you too much work or allocate you lonely or dangerous plucking zones,” confided Mary Ng’etich, another tea picker. The fact that all supervisors are men makes the situation worse.

The women are also most likely to be laid off more than men as they are deemed not strong enough to drag the tea picking machines.

According to Mr Joshua Oyuga, the national treasurer of the Kenya plantation and agricultural workers union (KPAWU), the employee’s who are laid off or retired should receive between KSh60,000 and KSh80,000 each as retirement benefits.

But despite the Collective Bargaining Agreement (CBA) signed between the union and the multi-national tea companies five years ago, most workers are yet to get their terminal dues.

No benefits

“We are calling upon the Union to stop misleading its members. Technology is taking over and the Union should not drag us back to the days of typewriters when everyone is on the computer age,” — Jacqueline Mugo, Federation of Kenya Employers

Julius Sagei, who retired at the age of 56 years about a year ago, is one of them. “I was expecting to get KSh67,000 and go back home to Bumala to start farming. But since I have not been paid, I am forced to continue working here as a casual until I get my dues and get something to take to my children,” he says.

“It is unfair for multi-national tea companies to exploit retired workers by hiring them on contract under low pay instead of paying them their benefits,” lamented Oyuga.

However, according to Mr Francis Atwoli, Secretary General Central Organisation of Trade Unions (Cotu), mechanisation in the tea industry should be discouraged as it is not good for the economy of developing countries like Kenya.

“The direct and multiplier effect of mechanisation of tea plucking and pruning in the country outweighs the implied cost-savings that employers are claiming,” explained Atwoli.

He further claimed that introduction of machines compromised the quality of tea thus affecting the overall auction prices.

A tea-picking machine operated by two workers. Tea workers protest the introduction of machines which are threatening their jobs. Picture: Correspondent “The quality of tea is bound to drop with the use of machines since selective plucking of two leaves and a bud will not be adhered to as should be the case,” said Atwoli.

He added: “We need to sit down with employers and do away with the machines as they will make our members to lose their jobs.”

However, according to Ms Jacqueline Mugo, Executive Director of the Federation of Kenya Employers, they should not be limited from coming up with ways of becoming more productive by cutting production costs.

“We are calling upon the Union to stop misleading its members. Technology is taking over and the Union should not drag us back to the days of typewriters when everyone is on the

computer age,” she said.

Tea producers argue that the machines will reduce the cost of production, which they say is very high.

In a recent development, Unilever, one of the multinationals in the area is said to be in the process of withdrawing all its machines and reemploying sacked workers.

It is evident that the ongoing standoff between tea firms and pickers over introduction of plucking machines may have far-reaching effects on the welfare of more than 80,000 workers in the industry.

“It will be hard to survive as we know of no other source of livelihood beyond the tea bushes,” concludes Nyaboke.

Tea farmers get together for joint hydro power project

By JOSEPH MUKUBWA Four tea factories from Murang’a County will start a KSh600 million hydro project which is aimed at cutting manufacturing costs.

Due to the high manufacturing costs, the tea factories which include Kiru, Gatunguru, Kanyenya-ini and Githambo have initiated the Metumi Tea farmers arriving at the Kiru Tea Factory Hydro Power Project which will take for the Annual General Meeting. High two years. production costs has been one of the main Speaking during the Annual General challenges the factory is facing.

Meeting held recently at Kiru Tea Factory, Picture: Joseph Mukubwa the factory Vice Chairman, Mr Esau Kioni said the feasibility study is complete and High cost of production has been one they are now in the process of hiring the of the main challenges in the factory. Kioni contractors. decried that the energy costs have been very “In the current year, this zone will comhigh despite them using firewood as an almence a hydro project and to do so, the ternative source. shareholders will be required to pay KSh2 In 2008, the factory paid a bill of KSh25 per kilogramme of green leaf as equity. The million for electricity while in 2009 they project will raise three Mega Watts of power. paid KSh30 million. The manufacturing The generated hydro power will be adequate costs increased last year and the average for the four factories in the zone and the surmanufacturing cost was KSh69.97 for eveplus will be released to the national grid at a ry kilogramme of tea against the average price,” Kioni told the over 500 farmers who manufacturing cost of KSh63.12 per kiloattended the AGM. gramme for the previous year.

The project will start at Mathioya RivMeanwhile, the factory has started reer which flows from Aberdare forest to porting low production due to dry spell.

Murang’a areas and is expected to minimise The factory is receiving 60,000 kgs of tea per the manufacturing costs to zero once it is day instead of over 100,000 kgs per day four complete as they will own the project. months ago.

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ISSUE 035, March 1-15, 2011

Unfiltered, uninhibited…just the gruesome truth

Woman’s long search for justice

By KEN NDAMBU For many women, access to justice and honest justice has been a big challenge. Many women tire of the long court processes, giving up when things do not seem to be going right because their time and resources are limited.

For 11 years, Gladys Wanjiku Mbogo has been to Government offices, courts, churches and legal firms to seek justice that has never come her way. Due to intricacies and armtwisting in public offices, she has hit a hard rock in her efforts to recover her 1.55 acre piece of land after a sale deal went sour.

Wanjiku, 56, is now appealing to the Head of State to intervene and help her get back the land she inherited from her late parents in Mbugiti Location, Gatanga Division, Thika District.

By ODHIAMBO ODHIAMBO

Proof

Now a resident in Kitui Central District where she is married, Mbogo has all the documents to prove the land is rightfully hers.

Some of the documents she has include her mother’s death certificate. Mbogo’s mother owned the land. She is also in possession of the native land tenure receipts dated as far back as 1962, copies of the title deed and the will.

From the start, Mbogo was disadvantaged by her community’s customary law and the background of her family which she claims the purported purchaser used to snatch the land from her.

Her mother Wambui Mbogo who was the third wife of Mbogo Maina, got married after the father’s first two co-wives died barren. For 30 years she stayed with the late husband. She also failed to conceive and the husband died leaving her childless.

She was as a result humiliated by the inlaws and one time chased away. But like Sarah in the Bible, she was blessed with Wanjiku and Mary after being barren for 40 years. It was after that when the village elders brought her back to the matrimonial home to inherit her husband’s property.

The land now in dispute is registered as Loc16/Mbugiti/80 and was then subdivided between the two sisters where each was to get two acres as the only immediate next of kin of their deceased mother.

Later, Wanjiku got married in Kitui Central District leaving the sister to take care of the land on her behalf. The arrangement was that Wanjiku retains the death certificate of the mother while Mary keeps the original title deed and will.

In November 2000, Wanjiku decided to sell one acre of her share to meet education expenses for her children and found one Gathungu Thuo who offered to buy at KSh250,000.

According to the sale agreement availed signed both by the purchaser and the vendor, the payment was to be made in three instalments of KSh20,000, KSh200,000 and KSh30,000.

However, Wanjiku acknowledges receiving only KSh97,000 and the purchaser started using the land raising the dispute which turned to be a long protracted legal tussle. “When he encroached the land without clearing the debt, I complained and he paid KSh100,000 as compensation,” recalls Wanjiku.

On March 21, 2005, the purchaser wrote an additional land sale agreement showing

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Community asked to discard retrogressive culture

Gladys Wanjiku consults a paralegal officer in Kitui Town. She has been too familiar with court corridors in search for justice that never was.

Picture: Ken Ndambu that the vendor had agreed to sell another 0.55 acre at KSh209,000 on top of the one acre leading to the dispute which eventually saw the woman lose the money and the land altogether.

Sequences of Wanjiku’s move to reclaim the land were that on April 22, 2005, she visited the local Chief, then Mr Waweru Muthumbi who wrote to Thika Principal Magistrate confirming that the deceased Wambui Mbogo was survived by Wanjiku and Mary and that the deceased had left behind four acres which the two next of kin were sole beneficiaries.

Hustle

In May the same year, the then Thika Senior Resident Magistrate Ms Letizia Wachira confirmed certificate of grant of succession and referred her to District Officer Kirwara to enforce the order through Thika District Commissioner. In response, the DO advised the complainant to consult a lawyer as a court can be withdrawn by another court order.

Defiant Wanjiku hired Katunga Mbuvi Advocates who wrote to Thika Lands office requesting that a caution be put on the disputed land. This was short-lived as the lawyer withdrew from the case after being paid KSh5,000.

It was after that when she took the matter upon herself and went to Ardhi House where she was advised to open a file with a lawyer so as to stop the sale of the land.

“I decided to go to the High Court, but on reaching there, I became very stressed, collapsed in the court corridors and when good Samaritans took me out of the court, I went back to Kitui and got admitted at Kitui General Hospital for eight days,” recalls Wanjiku.

After she was discharged from the hospital, Wanjiku hired N. M. Kamendwa advocates who asked for KSh500 to put a caution on the disputed land in Thika.

The lawyer later asked for KSh10,000 for revocation and annulment of the grant but surprisingly he incorporated her sister in the case and started addressing correspondents to her instead of the real purchaser. “This por-

trayed a wrong image, as if I was in dispute with my sister,” says Wanjiku.

“After receiving the KSh10,000 and without any reason, he withdrew from the case again leaving me in total darkness,” she says, adding that the lawyer later asked her if she could get KSh500,000 cash and forget about the land altogether.

Out of the blues, Wanjiku got the final blow in August when she was served with a court order signed by Lady Justice Joyce Aluoch (now at the International Criminal Court) ordering that there should be no sale or transfer of the land by either her sister Mary or Gathungu Thuo until further orders from the court.

“I was in the High Court when I received the order. I did not know what to do next but a good samaritan, who identified himself as Eliakim Araka led me outside the court and after narrating my problems, he took me to the Public Complaints Service Commission,” says Wanjiku.

No hope

“Here, I was only given a form to fill indicating all the offices I have ever visited for help,” she says. Despite giving a long list, the only answer Wanjiku received was to go to the high court and get the file to so they could ascertain the status of the case.

Seeing no light at the end of the tunnel, Wanjiku went to the High Court on October 15, 2010 and was told that the file could not be found. She was advised to see the Deputy Registrar who was also not available. “I have now reached a dead end and appeal to the Head of State to intervene and help me,” says Wanjiku.

Her case is one of the many injustices widows and other vulnerable members of the society undergo to have justice done especially on inheritance of property more so land. It is hope that the Truth Justice and Reconciliation Commission (TJRC) as well as the yet to be formed land Commission will help women like Wanjiku get access to justice especially on matters relating to land.

Executive Director: Rosemary Okello-Orlale Programme Coordinator: Wilson Ugangu Editor: Jane Godia Sub-Editors: Florence Sipalla and Mercy Mumo Designer: Noel Lumbama Contributors: Ryan Mathenge, Joseph Mukubwa, Liz Wambui, Joel Juma, Hussein Dido, Ekuwam Adou, David Njagi, Musa Radoli, Mary Nyamongo, Duncan Mboyah, Faith Muiruri, Odhiambo Odhiambo, Jane Mugambi, George Murage, Nick Odhiambo, Joel Juma, Gilbert Ochieng, Hassan Farooq, Eric Mutai, Jane Mugambi, Alex Ndirangu, Ken Ndambu.

The Nyanza Provincial Director of Education (PDE), Mr Geoffrey Cherongis has told members of the Kuria community to discard any culture that interferes with the education of their children.

He noted that education was one of the crucial investments that a parent could bequeath his or her child and any tradition that compromised efforts towards this cause should be shunned.

“It is unfortunate that the Kuria community still regards circumcision of girls highly even when it has been proven to interfere with their education,” said Cherongis.

He made the remarks during an education stakeholder’s forum in Kehancha town. He expressed dissatisfaction with the performances of Kuria West and East districts in last year’s KCPE examinations which saw the former clinching number 136 and the latter relegated to position 230 nationally.

He said: “No district could register good performance if parents, teachers and leaders ignored the spirit of co-operation and commitment in handling education matters.”

Saying the government was aware of the teacher shortage in the country, Cherongis noted with regret that some teachers had developed a culture of laziness under the pretext of being overwhelmed by workload caused by the influx of many children in primary schools.

Deficit

“Even if the Government posted many teachers in schools and they are not committed to their work, nothing good can be achieved in terms of improving performances in the national examinations,” he pointed out.

The two districts have a total teacher deficit of 660 in primary and 150 in secondary schools. Cherongis also warned head teachers against embezzling school funds and urged them to be good managers of their institutions for better results.

He told the meeting that some 28 headteachers in the province had been demoted by the ministry due to financial malpractices and failing to manage the school curriculum properly.

He also cautioned school heads against forcing students to repeat classes saying the move led to unwarranted dropouts among the disappointed pupils.

During the meeting attended by the area MP Dr Wilfred Machage, participants blamed insecurity due to cattle rustling, politicking between teachers and schools committees, insufficient monitoring and supervision as well as female circumcision as some of the pertinent issues that led to the two districts performing poorly in last year’s KCPE examinations.

Machage said he would prevail upon the community’s council of elders to change the December circumcision calendar, which he noted, interfered with the preparation of students for national exams.

“I will ask them to think of reviewing their calendar to April so that they can do their cut early enough without interfering with school time table,” reiterated Machage.

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