Reject Online Issue 18

June 1-15, 2010

ISSUE 018

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

Death knell sounded for nursery schools

Out of control consumption of alcohol now affecting pre-school enrolment

Children in a nursery school taking a break from the hectic class work. Many pre-schools in Central Kenya are at risk of being shut down due to lack of pupils. Photo: Ryan Mathenge

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By Ryan Mathenge

oon there will be no admissions to nursery schools in Central Province. There are no children being born in the area and lack of three to five year olds — the age group recommended for nursery school admission — is becoming a reality.

Procreation has taken a back banner as rampant consumption of illicit brews in parts of Central Kenya continues to ravage institutions in the region, with nursery schools being the latest victim.

Couples are no longer taking their marital responsibilities seriously as husbands are normally too drunk to engage with their wives. This has left a situation

where there are no children being born, and the indication is that soon most of the nursery schools will shut down due to lack of pupils.

According to the National Council of Women in Kenya (NCWK) Murang’a region coordinator, Ms Jane Kamwaga, many of the maternity wards constructed using Constituency Development Funds are likely to be rendered irrelevant as nobody is using them.

And it is not that women are into family planning. The problem is that men are consuming too much of illicit brews that their sexual performance has been reduced to nil.

“In the past four years, the facilities have recorded under utilisation due to

high consumption of second generation brews,” says Kamwaga.

She adds: “There are no children being born as most men are normally too drunk to engage in any sexual activity. This means that there are no children joining kindergarten and nursery schools.”

This turn of events could have counter effects to other levels of learning that include primary and secondary schooling.

Married women in the area are now threatening of seeking alternatives. Ms Veronica Njambi, a resident of Maragua town says she is looking at the option of leaving her constantly drunkard husband.

Continued on page 2

Government intensifies war on illegal drinks

By David Kiarie In a spirited fight against alcohol and drug abuse in the expansive Eastern Province, the provincial administration has set up a scheme to reward district commissioners who will excel in reducing the number of licensed bars in their areas of jurisdiction.

The Eastern Provincial Commissioner, Ms Claire Omollo, did not disclose the form and size of the reward, but pointed out that DCs will be rewarded for shutting down beer dens, particularly those located close to schools.

“The Minister for Education threw a challenge at us sometime last year to close down bars and pubs near educational institutions, but I am yet to receive any report on the closure of such businesses in the province,” Omollo said as she reiterated the order to local DCs. Speaking in Embu town during the launch of the third phase of Rapid Result Initiative, the PC threatened to sack chiefs and their assistants if they allow illicit brewing in their areas of operation.

Omolo was compelled to read the riot act to the administrators in the wake of complaints from members of the public, accusing the civil servants of collecting bribes from illegal brewers as protection fee. She pledged to fire the culprits once she received concrete evidence of the crime.

The thematic areas in the third phase of a 100-day Rapid Result Initiative are corruption prevention, community policing and crime prevention, alcohol and drug abuse, traffic management and disarmament, banditry and cattle rustling.

Special YES NO Report on Referendum Pages

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ISSUE 018, June 1-15, 2010

Unfiltered, uninhibited…. just the gruesome truth

HIV carriers at risk of relapsing as project faces closure

By SAIDA AROMA The future of more than 300 HIV infected persons in five locations of Lamu archipelago is uncertain.

This is after a major financier to the life saving programme that provides HIV kits and nutritional support among other forms of social and economic assistance pulls out in the next four months.

Following the anticipated withdrawal of USAID funded APHIA 11 project by September, this year, a community-based organisation Sauti ya Wanawake (Women’s voices) will no longer be able to sustain its activities, which includes paying school fees for about 300 orphaned and vulnerable children in the area.

The organisation’s programme officer, Ms Raya Famau, said they have already been forced to stop some of their activities such as paying fees for children in early childhood education (ECD) institutions, processing of birth certificates, provision of mosquito treated nets and financial support to those pursuing various crafts in vocational training institutions.

“We are saddened that the project will no longer be sustainable once our donor withdraws later in the year,” she said.

Constant assistance The infected persons and their families in Langoni, Mkomani, Shella/Manda, Mokowe in Faza West and Faza in Lamu East will no longer have a bright future since most of them are poor and need constant assistance.

Famau said that there is a lot of stigma in the area and even getting to know people who need help was a challenge. She expressed fears that once the programme collapses, even the infected who are currently suffering in silence will no longer come out openly about their status.

“When the programme started two years ago, the Aphia 11 USAID funded programme was already in its third year, and since it is a five year project, ending this year will throw into jeopardy all our future activities,” she added.

During the first year of the project in 2009, the organisation received KSh4.8 million and KSh3.7 million in the second year which Famau noted was still inadequate to fund the group’s activities.

“Our target was to recruit about 600 orphaned and vulnerable children but we are now catering for about 254 orphans who we assist in needs such as health care, sanitary towels and school uniforms in addition to emergency nutritional support for three months,” she said.

Other activities that have been suspended include provision of shelter and reduction of the number of clients being assisted from about 80 per quarter to 30.

Death knell sounded for kindergartens

Continued from page 1

“I am in a dilemma to leave my husband as I have not enjoyed the two years of my marriage as he always comes home drunk,” says Njambi, 25.

She regrets that her husband’s family was yet to accept that their son had turned into a zombie and was not acting as a responsible husband should.

School closure These views are reinforced by the District Commissioner for Kigumo, Mr Omar Salat who says: “It is a pity that nursery schools in the region are closing down at a high rate owing to poor enrolment.” He observes: “This sad turn of events can be reversed if the rate of alcohol consumption is curbed.”

Subsequently, Salat has ordered the immediate closure of 20 per cent of all beer outlets located close to learning institutions and residential areas in the district.

He accuses the proprietors of contravening liquor licensing regulations by selling alcohol to students, while their premises harboured criminals.

Addressing chiefs and their assistants at a district security meeting recently, the administrator ordered an immediate listing of all licensed and unlicensed beer outlets in their areas of jurisdiction.

The Murang’a DC, Mr George Natembeya summed it all indicating that many of the young girls from the region are now opting to be married by men from outside the area.

“It is a fact that many of the girls return home with suitors from as far as Western Kenya and Coast after being frustrated at home by men who are not men enough owing to high consumption of the brews,” explains Natembeya.

Other than marriages being affected by illicit brews, students have also been found to be indulging in too much alcohol consumption. Young men and women who are still in school also engage in alcohol consumption. This could be the reason why even immediately after marriage, the alcohol addiction does not wear off.

Alcohol abuse The Kenol Market in Murang’a South District is gaining the notoriety of playing host to juvenile beer drinkers that include many in school uniform.

On several occasions, police have raided the bar and arrested several students, bundled them into vehicles and driven them to the Makuyu Police Station to face charges.

The latest incident involved six male students from St Daniel Secondary School in Meru. They were caught drinking beer in the bar. The six are suspected to have diverted to the bar on their way home for a weekend break. They were in full uniform.

Last year, 16 female students from Chuka were arrested in the same bar as they drank beer. They were bundled into police cells after women leaders alerted administration police of the incident.

Some of the drunken students are alleged to have started undressing in public.

Interestingly but not surprisingly, bar proprietors are never arrested for selling alcohol to minors in contravention to the law despite several warnings from

A man who has been brewing illegal alcohol is arrested by the police. Inset: Bottles of second generation brews that have rendered most men impotent.

Photo: Ryan Mathenge

local administrators.

The Murang’a South Acting police boss, Mr Jonathan Ngala, has warned bar owners against entertaining students in their premises.

“Those traders who flout the Liquor Court regulation will have their premises closed without notice,” he told The Reject.

Area councillor, Mr Solomon Karuri termed the incident unfortunate, saying parents were struggling to keep their children in school only for them to be lured by their peers from rich families into beer consumption.

“Bar owners must take responsibility for what happens in their premises and those selling alcohol to underage customers will carry their own cross,” Karuri warned.

His views are echoed by Mr James Kamau, a parent who lives near the bar, and who has on several occasions blown the whistle on the illegal practice.

“On two occasions, I have alerted the police on the presence of students making merry in the bar,” Kamau said. He added: “The arrested students are usually released without charges being preferred against them.”

However, he questioned why the police do not arrest bar owners.

Intervention A teacher at Githunguri Girls’ Secondary School in Kandara District, Ms Beth Githaiga, urged residents to be on the lookout and report any students misbehaving on their way home for holiday breaks.

“Parents who have been keen on monitoring the behaviour of children as they go home, have done the education sector proud,” noted Githaiga.

She, however, pointed out the need for drastic government intervention, if the practice has to be eradicated. Internal Security Minister, Prof George Saitoti recently ordered district liquor courts countrywide to immediately reduce the number of bars, beginning with those located in residential areas and near learning institutions.

Children’s home calls for help

By BENDARO TSUMA A home that caters for 35 physically handicapped children is in dire need of cash and equipment.

Demand to accommodate more children at the St Francis Small Home in Malindi has increased hence the need for money and other resources.

The Small Home, owned and run by the Catholic Diocese of Malindi survives on donations from well wishers. It currently requires additional staff houses, classrooms, wheelchairs, beds and special education teachers.

The administrator of the Home, Sr. Anne Muindi said the institution started in October 2007 continues to receive more applications from its Malindi and Magarini neighbourhoods.

She appealed to parents with disabled children not to hide them but come to the open to seek help.

Donating food to the Home, Ms Janet Nderitu urged the Government to integrate all disabled children homes in the country and set aside cash for them from the Treasury.

Together with her friends, Nderitu, donated maize and wheat flour, beans, meat and other foodstuff. She also donated KSh30,000 in cash and called on Christians to assist the less fortunate children.

“We have a responsibility to care for the disabled. God wants those who are healthy to help the disabled,” she said.

Majority of the children at Small Home suffer from Celebral Palsy, while some are epileptic.

ISSUE 018, June 1-15, 2010

Unfiltered, uninhibited…. just the gruesome truth

Referendum

YE S

NO

Heavy task ahead

Civic education must correct misinformation on proposed law

By Ibrahim Oruko

“My husband has made it clear that I must leave the city during the duration of polling. He does not want us to go through what we experienced in December 2007,” she explains, without a hint of regret.

Even after the Committee of Experts launched the long awaited civic education, it is obvious the task ahead for civic educators will be herculean. They will have to work long and hard hours to counter the serious voter apathy that has gripped the country. They will also have to correct the misinformation, distortion and outright myths that are being peddled over the proposed Constitution.

Copies of the proposed Constitution including a simplified version of the document answering key questions and a brochure demystifying contentious issues were issue by the CoE. There was also a manual and curriculum for the civic educators.

The launch of the civic education was a clear sign that nothing was being left to chance to ensure that Kenyans know each and every detail in the proposed Constitution.

But as the cases of Adema and Meyo show, it will take more than civic education

A woman leader addressing a Media Dialogue between journalists and Kibera community. Photo: Fidelis Kabunyi

to ensure that Kenyans come out in large numbers to make that crucial decision on the document.

CoE chairman, Mr Nzamba Kitonga warned that the myths being propagated in the campaigns will only be thwarted if those enlisted to carry out civic education do their work diligently.

It was wrong, Kitonga said, for people to oppose the proposed law on account of “selective reading” of the articles, without considering the “cumulative effect of the document”.

Remove cobwebs “This is not an occasion for any person to mobilise another. You have to read the document. It is time to remove the cobwebs,” Kitonga said.

He reiterated the importance of listening to civic educators for one to make an informed decision.

It is not just the myths and distortions that the CoE will have to confront. Voter apathy arising from the bungled 2007 polls and the violence that followed are all having an effect on the common voter.

Being the first poll after the 2007 dis-

puted elections, it’s natural that ordinary people will approach it with apprehension as the fears being felt in Kibera indicate.

Disenfranchising voters The expected exodus from Kibera and other regions that were flashpoints are a danger to democracy and only helps in disenfranchising voters.

This has been heightened by the decision of making Lang’ata one of the pilot constituencies for electronic voter registration. There are fears among the people who think it is a scheme to intimidate voters.

“We are scared because this time our pictures are being taken. It will be easy to be identified by the attackers in case the situation is replayed as the one two years ago,” said one of the residents who clearly needed an explanation on what the electronic voter registration entails.

The purpose of civic education programme as laid out in the CoE regulations is to explain to the people what the proposed Constitution is all about, what the disputed clauses actually mean and why some people may be bent on misinterpreting the articles.

Hundreds to miss out on referendum

By Faith Muiruri Although the referendum offers the last foreseeable chance for Kenya to get a new constitution, hundreds of young people will not take part in the historic event.

Majority lack national Identity Cards (IDs) and, therefore, have not registered as voters in the just concluded voter registration exercise.

A spot check by the Reject revealed that many of the young people have kept away from registration centres since getting a new identity card proved difficult for them.

Christians disagree over new Constitution

By Ryan Mathenge

Jane Adema is scared. The 58 year old resident of Kibera is scared of the impending referendum on the proposed constitution.

She is already planning to leave the city come July 25, ahead of the polling on August 4.

“We have been warned the 2007 postelection violence was a vicar’s tea party,” she says with genuine concern. “We have been told the post-referendum conflict will be worse. I would prefer the whole event finds me out of this place.”

Adema is not alone in her fears. So is Monica Meyo whose husband has made it clear that she must leave Kibera before August 4. Like Adema she has also finalised plans to relocate upcountry before polling day.

Hint of regret

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For a new ID, applicants require a birth certificate, school leaving certificate, medical age assessment certificate or child health card and a letter from provincial administration even before they can be allowed to fill in the application form.

Information available at the Immigration Department indicates that in addition to the above documents, new applicants will have to produce a parent’s Identity Card especially if they are a Kenyan by birth. However, those who are Kenyans by registration or naturalization will need a certificate of registration.

But for Veronica Akinyi, the documents are just not available. She says that she has been seeking the vital document over the last four months in vain. This is despite assurance that the processing of new applications will take only 18 days in Nairobi and 28 days in other areas.

Akinyi, 19, is an orphan and does not have some of the documents required for registration. She lost her mother at the age of two years and has since been unable to trace her own birth certificate or her late mother’s death certificate.

Continued on page 4

Faithful prescribing to Christianity could be headed for a major battle with their clergy as they opt to vote the Constitution with their conscience. The rift is growing even as majority of Christian voters await copies of the proposed Constitution that will provide them an opportunity to read the clauses, especially those that are being misrepresented and falsified by some interested parties.

Many politicians and civil society outfits have hit the road to popularise the proposed Constitution and challenge what they consider myths and falsehoods by the clergy and some of the politicians opposed to the document.

The difference of opinion between the laity and their clergy is, perhaps, most evident in the Murang’a region, where the Roman Catholic and Anglican churches are the dominant denominations.

In a bid to counter the “rebellion”, the Catholic Diocese of Murang’a recently held a meeting with the clergy from all the parishes before sending them out to conduct civic education.

It is, however, a tall order for the Catholic clergy, as most of its laity interviewed, expressed support for the new Constitution, pointing out they have waited too long for the new law.

The Anglican Church hierarchy faces a similar “rebellion” as majority of its followers are supportive of the proposed Constitution, and for the same reasons.

“We meet in the church for spiritual nourishment, but as for Constitution, it is an individual’s choice after considering a whole range of factors,” says Mr Peter Njambuya, a staunch ACK faithful from Kiria-ini Parish.

According to Mr Allan Waithaka, Assistant Bishop in Mt Kenya Central ACK Diocese, the church is opposed to the proposed Constitution over concerns that relate to the country’s future.

But the faithful are raising questions over these concerns. “We have been living with Kadhi’s Court for decades. What dangers are they posing in future?” asked Mr Kent Muhoro Mukangu, a resident of Mukangu Village in Murang’a.

He wants the church to be accommodative instead of exposing the country to conflict as was the case during the 2005 Constitution referendum and the post election violence in early 2008.

A leading civic educator in Kiharu Constituency attributes some of the contentious issues to abortion and Kadhi’s Court clauses. Mrs Jane Kamwaga, who has been criss-crossing the region to educate voters says: “After serious discussions over the contentious clauses, the public is generally left convinced and satisfied.”

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ISSUE 018, June 1-15, 2010

Unfiltered, uninhibited…. just the gruesome truth

RefereNdum

YE S

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Shifting ground on contentious issues

By Muasya Charles The referendum debate on the proposed Constitution in Ukambani is slowly shifting from the contentious issues of right to life and the Kadhi’s Court, to among other things political representation especially on the Senate arrangement.

There is also discomfort with the land and county government clauses and these could be the basis for rejection of the document.

Though using the abortion and the Kadhi’s Courts clauses to push for rejection of the proposed Constitution, the county governance has become another factor where the leaders feel sections of the country will be denied equal representation.

While the region has vast land that is held in trust by county councils, and which the community uses for ranching, there are fears that this could revert to the Central Government and be lost altogether.

Issue of land

Civic education kicks off in Mwingi

By Paul Kimanzi

From left: MPs Isaac Ruto and Charles Keter join Mutitu MP Kiema Kilonzo at a ‘No” rally. They are calling on Kenyans to reject the proposed Constitution.

Picture: Muasya Charles

Women from the region who attended the National Women’s Conference on the Proposed Constitution held at the Bomas of Kenya recently, said the issue of land in lower Eastern Province might force the residents to reject the document.

One woman from Machakos who requested anonymity, said the issue of abortion and the Kadhi’s Courts might not pose a problem. “Land is the unspoken contentious issue here,” she said.

However, Mutito Member of Parliament, Mr Kiema Kilonzo is the only legislator in the region who has joined the Higher Education Minister, Mr William Ruto in opposing the proposed Constitution.

Kilonzo reiterated that Ukambani will continue to be marginalised if the proposed Constitution was passed in its current format.

He said it was wrong to bring Kitui and Mwingi districts together in the county government arrangement, as the region is not only vast, but also has a high population density.

In the proposed Constitution, 47 counties have been created where Ukambani region will have three counties that include Kitui, Machakos and Makueni. These three regions have a population of 2.3 million, hence warranting more than five counties.

“Some counties will be short-changed when it comes to distribution of national resources as they have a smaller population,” said Kilonzo. He added: “Population and vastness of the regions should have been taken into consideration in the creation of the counties.”

Kilonzo wants a defined way on how the trust land in arid and semi arid lands will be utilised. He asserted that a large part of the region was held in trust by local authorities for the community.

Former Cabinet minister, Mr Ngala Mwendwa, is also of the opinion that the issue of trust land should be sorted out first as it was sensitive to communities living in arid lands.

“This issue is not as light as some leaders are taking it,” said Ngala. “There should be

a promise that trust lands will not be taken back to the administration of the Central Government.”

However, former Cabinet minister, Mrs Nyiva Mwendwa, said that in addition to abortion and the Kadhi’s Courts, the land matter is of great importance as it largely contributed to the 2007/2008 post-election violence.

Continued from page 3

new constitution which represents a fresh start and a new phase for the youth of Kenya who live through its goodness and challenges. But I have no option but to take a back seat in the bus of change,” she laments during a civic education forum organised by the African Woman Child Feature Service together with Women’s Political Caucus.

And the story is the same for Jennifer Akoth who has just turned 21. She lost both her parents when she was a toddler and has been unable to trace her birth certificate. Neither has she been able to locate her late parents’ death certificate.

“I have been visiting the registrar’s office in Kibera every morning but nobody wants to listen to my story. They insist that I must have the documents before they can process my application,” says Akoth.

These two cases typify the hurdles that young people routinely undergo before they can acquire identity cards.

An interview with the Deputy Registrar of Persons in Kibera, Ms Catherine Mwangi confirms their fears. She says that unless an applicant has the specified documents, there is no way the office can assist them.

Data available at the Immigration department reveals that about 301,971 IDs are still lying uncollected in various centres in the country.

Nairobi has highest number of uncollected 69,353, Rift Valley follows with 58,625, Nyanza Province 50,389, Central 39,847, Western 26,765, Coast 26,164, Eastern 25,908 and North Eastern 4920.

The number of potential voters in the country is estimated at 18 million which IIEC says it will strive to achieve in 2012.

Enjoy resources “Land held in trust by local authorities should directly benefit the local communities, but the Kenyan perception is different in the sense that it is private investors in State organs who benefit from such lands,” said Mwendwa. She added: “Time is ripe for citizens to enjoy resources in their midst.”

Kitui Catholic Diocese Peace and Justice Coordinator Mr Joel Ndingi urged leaders from the region to come out strongly and state how the proposed Constitution will disadvantage the community instead of leaving the churches to oppose it as they watch from afar.

Civic education on the proposed Constitution for Lower Eastern Province kicked off in earnest in Mwingi town immediately after the exercise was launched by the Committee of Experts.

The first training was carried out at the Mwingi Chief ’s Office. The lower Eastern Provincial Co-ordinator for Interim Independent Electoral Commission, Ms Caro Kasina, said civic education will benefit the public who were being misled by individuals with vested interests in either the ‘Yes’ or ‘No’ campaigns.

“This is the first public baraza in this region — we are advising the residents to attend in big numbers, any time we announce civic education on the constitution,” said Kasina.

Right information She says plans are underway to form various public barazas on the Constitution especially in the interiors of the lower Eastern so that the residents can get the right information.

Kasina and her team supplied the proposed Constitution to those who attended the meeting. She took them through contentious clauses that included right to life and Kadhi’s courts among other articles.

She said politicians with parochial interests have manipulated some clauses to influence how people will vote.

“This is the truth of the matter, if any one comes to you with contrary interpretations, don’t give them your ears,” she told the gathering.

Kasina told the residents that the Kiswahili version of the proposed constitution will also be supplied freely now that the Attorney General had it published and the CoE had launched civic education.

Women in Embu Hundreds to miss out on referendum nod to document

Officials at the Kibera DO’s office where she has been seeking her ID insist that she will not be allowed to apply for the ID unless she has supporting documents to ascertain her name, age and place of birth.

“They have been asking me to get a letter from the chief in our rural home in Bondo District but I was born and brought up in Nairobi and I have never set foot in the place they are referring me to,” she says.

Akinyi has been locked out of the just concluded voter registration due to lack of an ID card. This is because Interim Independent Review Commission (IIEC) insists voters must have an ID card or passport to be registered.

“I am disappointed. An ID would have afforded me an opportunity to vote in the

By David Kiarie

Women leaders from Eastern Province have declared their support for the proposed Constitution and are now calling on others countrywide to support the document.

Speaking in Embu town during an Orange Women Democrats League meeting, the women said the document is far much better than the current Constitution, adding that it is more articulate in addressing women issues.

Led by Seth Kakusye and Lydia Kimani, the women recommended that a sub-committee for the ‘Yes Campaign’ be formed to offer civic education in the strongholds of those opposed to the new Constitution.

They also promised to carry out a door-to-door campaign in support of the document.

ISSUE 018, June 1-15, 2010

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Women must read proposed constitution, advises Mbarire

Ms Cecily Mbarire, MP for Runyenjes addressing a meeting in her constituency where she called on the residents to support the proposed Constitution. Picture: David Kiarie

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Unfiltered, uninhibited…. just the gruesome truth

By David Kiarie

he MP for Runyenjes, Ms Cecily Mbarire has termed claims by religious leaders that the proposed Constitution allows for abortion as misleading.

She noted that the new Constitution clearly states that “abortion is not permitted unless the life of the mother is threatened”.

Speaking in her constituency during a ground breaking ceremony for a dormitory at Kavua Secondary School, Mbarire clarified that the Constitution only allows qualified health practitioners to terminate a pregnancy and only if the health or life of the mother is in danger.

The MP gave an example of a pregnancy that occurs at the fallopian tube instead of the womb, otherwise known as ectopic pregnancy, saying such an occurrence could be fatal and requires the pregnancy to be terminated.

“Read the document for yourselves and do not agree to be lied to. The proposed Constitution only allows termination of pregnancy that can lead to the death of the mother or the child,” said the MP. On the issue of a medical practitioner authorising an abortion, Mbarire said it is only they that are charged with the responsibility to determine whether the health of a woman is in danger and carry

“Read the document for yourselves and do not agree to be lied to. The proposed Constitution only allows termination of pregnancy that can lead to the death of the mother or the child.”

— MP for Runyenjes, Ms Cecily Mbarire

out treatment.

She dismissed those who are using the issue of abortion to campaign against the proposed Constitution and accused them of not taking the life and health of women at heart.

“As a woman I cannot be supporting the proposed Constitution if it allows for abortion. I am assuring you that the document is good and far much better than the current Constitution,” stressed Mbarire.

She advised women to carefully read the document and attend civic education meetings to understand all the clauses.

“It is only through attending such educative meetings that you can understand the proposed Constitution and make informed decisions,” advised the MP. On the Representation clause, Mbarire who is also the Assistant Minister for Tourism, said the proposed Constitution recognises the position of women in society, noting that women will be better represented than before if the new Constitution is adopted.

Residents welcome symbols for referendum

By ODHIAMBO ODHIAMBO Muslims and Christians from Southern Nyanza have welcomed the choice of colours as picked by the Interim Independent Electoral Commission (IIEC).

They said the referendum symbols would “help in educating Kenyans about the significance of both the red and green colours in their lives”.

The chairman of Migori Muslim Development Committee, Mr Omar Ebrahim Hussein, called for peaceful campaigns and told politicians to weigh their public utterances to avoid incit-

ing Kenyans to violence.

He hoped the colour symbols would not divide Kenyans as was the case with the Orange and Banana in the 2005 referendum.

“Let us embark on issue-based campaigns instead of trivialising chapters in the proposed constitution,” advised Hussein.

Rev Canon Walter Okeyo of the Anglican Church of Kenya, Migori Parish, said politicians should desist from peddling myths under the guise of educating Kenyans.

“They should support or criticise issues contained in the proposed law instead of manufacturing their own,” he said.

New document better than the old one, says Gitari

By David Kiarie Retired Anglican Church of Kenya Archbishop David Gitari has maintained his stand to support the proposed Constitution.

The Archbishop contradicted his church’s position on the document, and is calling on Kenyans to vote ‘Yes’ for the new laws.

“Given a chance to choose between the Lancaster Constitution and the new document, I would choose the proposed Constitution because it is better,” asserted Gitari.

Speaking during a dinner party for Kangaru School alumni in Embu town, the retired Archbishop said the proposed Constitution gives the President less powers compared to the current Constitution, adding that many other issues of governance are well taken care of.

The prelate recalled how the church fought for reforms in the country during the dictatorial Nyayo era, and challenged church leaders opposed to the document to reconsider their position, noting it has many gains for Kenyans.

“Considering that Parliament was not able to make the suggested amendments in the draft document, and that there is no more room for negotiations, the best thing to do is to pass the document as it is and any other amendments will be done later,” Gitari stated.

Kenyans must, however, read and understand the proposed Constitution in order to take part in the coming referendum from an informed position.

A number of protestant churches in the larger Embu District are, on the other hand, reiterating their stand to oppose the new Constitution.

Speaking at St Paul’s Cathedral Hall in Embu town recently, a group of clergy representing 42 denominations said they would oppose the draft due to its failure “to protect life”.

The Embu ACK Bishop Rev Henry Kathii, who read a statement on their behalf, said if no amendments are made to the abortion clause in the document, they will vote ‘No’ during the referendum.

He said the Kadhi’s Courts clause should not be entrenched in the Constitution and took issue with the omission of the statement “all religions shall be equal”.

Other issues the clergy felt ought to have been addressed include that of Kenya being signatory to some international conventions, some of which they claim support same sex marriage and abortion.

The clergy, however, have not stated the action the church would take if the ‘Yes’ vote carries the day.

They also dismissed a recent opinion poll result that showed 64 percent of Kenyans would support the proposed Constitution, with only 17 percent opposing.

They claimed many polls are not genuine.

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ISSUE 018, June 1-15, 2010

Unfiltered, uninhibited…. just the gruesome truth

RefereNdum

YE S

NO

New law to bring justice to the Coast

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By Jackson Mleka

he proposed Constitution is good, especially for the people from the Coast region. This is because it will emancipate them from decades of political and economic marginalisation and neglect.

According to the Minister for Tourism, Mr Najib Balala, it is important that Coast people join other Kenyans in supporting the proposed Constitution.

He urged them not to fear as this was the only document that would bring justice to the region. He reiterated that through the new Constitution thousands of squatters in the region will be empowered to seek compensation for the land they lost.

“I made the decision to vote for the Constitution for the sake of my people who have always suffered, despite the fact that they contribute largely to the economy of the country,” said Balala.

The Minister urged the common man to stand firm and avoid being divided on religious grounds if justice was to prevail in the country.

He also claimed there were American organisations funding churches that are not supporting the proposed Constitution.

Balala said the alleged American support posed a threat to the country’s national unity as it would divide Christians and Muslims who have lived together peacefully for centuries.

“The church should not be cheated by a group of Americans who are funding them in order to divide the two religions as these may bring chaos in the country,” warned the Minister.

Balala was addressing members of the public during a free surgical camp conducted by Kuwaiti doctors in Malindi.

He noted that the inclusion of the Kadhi’s Court in the Proposed Constitution should not be the genesis of a misconceived opposition, as the courts have been in the country’s Constitution since1963.

Commercial sex workers at a workshop. Many of them have complained of being left out of the Constitution review process.

Picture: Eliud Waithaka

Bar maids and commercials sex workers remain the forgotten few

By WAIKWA MAINA Special interest groups have either been ignored or forgotten in the ongoing constitution review.

Consequently, many of them may not taken part in Constitution review process or may end up making uninformed choices during the referendum exercise.

Among the forgotten groups are bar attendants and commercial sex workers.

In Central and Eastern provinces, these marginalized groups say they either have no information or have received conflicting information. They say their stand on the proposed Constitution keeps changing everyday depending on whom they are associating with.

It is estimated that there are more 200,000 bar attendants in Central and Eastern Provinces, and women form over 70 percent of this population, majority of them being single mothers.

“We have no time to read the document and I am not aware of any organisation giving civic education to persons working

in entertainment joints,” said Ms Maria Irungu, a barmaid in Murang’a town.

Most bar attendants report to work at around 9am and sometimes go on until the wee hours of the following day.

Lack of a recognised groups or associations by these groups may have contributed to their being left out on national issues that affect their lives.

“Without such groups, it may be impossible for civic educators to identify any of them for civic education and not many trainers are willing to walk from bar to bar dishing out invitation letters,” said Irungu.

She added: “Our employers may also be unwilling to allow us attend such forums and no mother is ready to lose her job just because of one day training.”

Similar sentiments were expressed by Ms Alice Wanjiru, a barmaid in Nyeri. She said: “We were left out during the previous referendum and the general elections. I am not aware of any of us being invited to attend any civic education.”

And due to the long working hours, this class of people who include com-

mercial sex workers have no time to read the document, listen to radio or watch the constitution review process on television.

“We rely on information we gather from our patrons. But it is all very confusing since they have different opinions and interpretations,” explained Wanjiru.

She reiterated that listening to these debates in bars is very confusing and one is unable to make conclusive judgement on whether or not to support the proposed Constitution. “We keep changing positions depending on the party one is serving at a particular time,” said Wanjiru.

A commercial sex worker in Thika said that she has only seen the document in televisions or with other people but she has never had a chance to touch it.

“What difference will it make? My immediate problem is how I can get a customer.

I have children to feed and that is what matters to me most,” said the commercial sex worker who did not want to give her name.

She said, however, that she would gladly attend any civic education forum if invited.

Money for civic education not yet out

By MUASYA CHARLES

C

ivic education for the referendum on the proposed Constitution may grind to a halt due to lack of funds. Personnel contracted to carry out the exercise in Kitui say unless urgent measures are taken to empower them financially, it will be difficult for them to carry out the work effectively.

Scores of civic educators said though they made adequate arrangements with the provincial administration for public meetings to educate wananchi, the Committee of Experts (CoE) is yet to release money for mobilisation.

One of the civic educators, Mr Joel Ndingi said currently the educators were using their own means to reach the public and appealed to CoE to move in fast and save the situation.

Despite the limited funds, the civic educators have been traversing the district to educate the residents on the contents of the proposed Constitution before the document goes for referendum.

Lack of interest A spot check on some of the meetings, however, showed low attendance which the educators attribute to lack of interest or ignorance by the public.

Ndingi called for change of attitude asserting that leaders should take the lead in educating the people on the importance of the Constitution.

He said politicians in the ‘No’ and ‘Yes’ camps have confused Kenyans especially those who are semi-illiterate and have mistaken the Constitution process with general elections.

Ndingi, who is from the Kitui Catholic Justice and Peace, said leaders should weigh their words as they campaign for or against the proposed Constitution as Kenyans relied on them for direction.

“Though one is supposed to make his own decision, what leaders say means a lot,” said Ndingi.

He, however, appealed to residents in the area to use civic education forums to get to know their rights in constitution making.

ISSUE 018, June 1-15, 2010

Unfiltered, uninhibited…. just the gruesome truth

RefereNdum

YE S

7

NO

IDPs worried more about leaking tents

By George Murage It is a hot sunny afternoon as a slow and lazy wind raises dust from one end of the camp to the other.

Minors, majority bare-footed, dirty with worn out clothes and running noses chase each other around the dilapidated tents screaming and laughing.

Further in the camp, a group of youth try out a new dancing style as an old radio that keeps going on and off belts out one of the latest Bongo songs.

Along the busy Mai Mahiu-Naivasha road, a group of elderly men admire the state of the art vehicles passing in high speed on the busy highway.

Once in a while they engage in argument as to which model of the vehicle just passed and their differences is forgotten when another new car passes.

Several women barefooted tend to a small parcel of land next to their tents in one of the eight Internally Displaced People’s satellite camps in Mai Mahiu.

Back in the camp, a middle aged woman is busy trying to light a jiko (charcoal stove) that for several minutes will not light up.

Despite several attempts to use dry leaves, her efforts are fruitless. She dashes back to the house and comes out with a piece of newspaper.

She goes through it, sees nothing of interest and tears some pieces which she uses to light the jiko.

Various camps A closer look establishes that what looks like a newspaper, is indeed a copy of the proposed constitution that was distributed in the local newspapers last week.

For many of the IDPs in various camps across Naivasha, the ongoing debate on the new constitution means little to them.

Food, leaking tents, diseases, schools and lack of water is the main concern for the IDPs who are yet to fully recover from the 2007 post election violence.

Many have never seen a copy of the proposed Constitution and only rely on information from the few radio sets in the camps and the rare newspaper.

This is confirmed by Ms Rose Wanjiku from Jikaze IDP camp in Mai Mahiu who admits that she has never seen a copy of the proposed law.

“Many of us do not know if we shall vote ‘Yes’ or ‘No’ as all we hear is bickering and arguments among politicians,” Wanjiku says.

Many of the IDPs do not trust the politicians. They accuse them of being responsible for their suffering.

Wanjiku lived in Kericho prior to the violence. She says that no civic education has been carried in the camps. This further complicates an already worse situation.

For her, August 4, the day of referendum will be just another day of suffering and pondering the future.

As the church and politicians argue over some contentious issues, her worry is where her next meal will come from and how to fix the leaking roof of her tent.

Women who were displaced in post election violence receive assistance from well wishers.

Most of them are not keen about the constitution review. Picture: George Murage

“We hear about abortion, land and Kadhi’s courts being discussed but we are not sure what they mean as it is all foreign language to us,” Wanjiku says.

Her sentiments are echoed by Ms Beatrice Nyokabi, chairperson Ebenezer IDP camp in Gilgil, who is categorical they will not participate in the referendum.

Nyokabi is bitter that the State has failed to resettle them in arable land as it had promised and they continue to suffer in poverty.

“Many us are not concerned with the ongoing constitution debate as we have more important things to do,” she says.

Nyokabi who was displaced from Narok is bitter that the State wants them to support the proposed Constitution yet the same government has forgotten them in the camps.

“Many of the violence victims do not have identity cards as they were either lost or destroyed during the chaos,” she reiterates.

Most of the IDPs did not register in the just concluded voter registration exercise and are ineligible to participate in the referendum.

Nyokabi says: “If we participate, most of us will reject the proposed Constitution not because of the contentious issues but to hit back at the Government for deserting us.”

But one Mr James Maina, also an IDP, differs with the women saying he fully supports the proposed law and will vote for it.

Maina who was evicted from his rented home in Eldoret at the height of the violence says the proposed law is much better than the current constitution.

“We shall not have dictatorial leaders and the manner of electing leaders is explained well thus reducing the chances of another post-election-violence,” Maina explains.

He is aware of what is contained in the document and is full of praise of Chapter Nine which deals with the Executive add-

ing he supports the appointment of nonMPs as ministers.

“Many of the ministers are not professionals and they have ended up misleading powerful ministries that they do not understand how they operate,” Maina says.

Back in Naivasha town, many are still torn between which group to support as church leaders continue calling on them to reject the proposed Constitution.

According to Ms Mildred Wachiye, the constituency election coordinator, they have registered 138,320 in the just concluded voter registration.

This surpasses the target of 138,286.

And with 127 polling stations in the vast district, this is the number of voters expected to participate in the referendum.

“I am a Catholic and I will vote for the proposed Constitution mainly because of the Bills of Rights which recognises the various groups,” says Mr Peter Mungai, a youth leader.

Ghost of post election violence returns to haunt

By Faith Muiruri In 2007, Kenya underwent a harrowing moment when the country almost collapsed following post election violence.

Those who lived in the volatile areas that included the slums of Kibera and Mathare vividly recall the trauma they went through.

And as the country approaches another voting period, this time for the proposed constitution, many are replaying what they saw in 2007/2008. They say the images will remain with them in a long time.

That is why Monica Meyo thinks the referendum may be another recipe for chaos and she is not willing to gamble with her future. She recalls that in 2007, Kibera was turned into a terror zone following the disputed Presidential poll.

“My son escaped death narrowly after all young men were rounded up by security forces and beaten senseless in a bid to restore sanity in the area,” she says.

Meyo who was a small scale trader prior to the elections also saw her charcoal stall go up in flames at the height of the skirmishes. “I am a registered voter in Lang’ata Constituency but I will not vote

during the referendum. In fact I am waiting for the schools to close for the August holidays before I can relocate to my rural home in Kisii,” asserts Meyo, who is chairperson of Malala Self Group.

She says that the proposed constitution should have been adopted by a simple majority without necessarily subjecting the whole country into a referendum.

“Currently, we have a faction opposed to the draft. In the event that they dispute the outcome of the referendum, who will come to our rescue?” Meyo poses. She adds: “Political disputes in this country often degenerate into violent confrontation and, therefore, it is wise that I retreat to the village.”

Meyo says that past experiences have shown that the Government’s commitment to tackle impunity is weak as political consequences often tramp the desire for justice.

“I don’t have faith in the current structures to provide a conducive environment for everyone after the vote is cast,” she says.

According to the IIEC, voters will only be able to transfer their voting stations from where they want to vote during the 2012 after referendum. She joins hundreds of other Kenyans who will not take part in the referendum for varied reasons.

8

ISSUE 018, June 1-15, 2010

Unfiltered, uninhibited…. just the gruesome truth

RefereNdum

YE S

NO

Identification challenges in the North

By Abjata Khalif

As civic education on the proposed Constitution gains momentum, communities in northern Kenya are watching the clause on citizenship with a lot of interest.

The residents who practice patoralist way of life are particularly interested with Article 16 of the proposed Constitution which states: “A citizen by birth does not lose citizenship by acquiring the citizenship of another country.”

During a civic education session, the communities sought clarification on the meaning of the term ‘citizenship’. Most of them despite being born and brought up in the region still lack national identity cards due to suspicions that they are not Kenyan nationals.

The suspicion against local communities in the remote province emanates from the perception that the local communities inform and mobilise their cousins in Somalia to apply for IDs and appear for vetting.

Somali communities living in the remote districts of Wajir, Ijara and Mandera share cultural and social practices with those from Somalia. These norms have seen easy movement of people across the border.

Locals suffer In January 2007, the Kenyan government closed the Kenya-Somalia border due to security threats. This action was necessitated by claims that foreigners were acquiring national identity cards with ease while locals had to suffer before they could get IDs. Locals in the north view the clause on dual citizenship as one that will apply only to persons from other countries and not Somalia in acquiring Kenyan identity documents.

The locals say most of their relatives born in Kenya but brought up in Somalia will not benefit from the dual citizenship. This is due to the high level of suspicion between Kenyan government and Somali community in northern Kenya.

A local trader in Wajir, Mr Abdullahi Yarrow, claims that most of his relatives live on the other side of the border and have Kenyan identity cards. “Yet they cannot come back to northern Kenya as they are denied entry at the border point by security officers,” says Yarrow.

“Despite my relatives showing the Kenyan identity cards, they were denied entry at the Diif border point in Wajir by security officials who claimed those identity cards are not genuine,” explained Yarrow.

There are also claims that due to the highhandedness by security officials, many Somalia citizens are getting iden-

A sign post indicating that one has arrived at the Mandera border control. Residents in this area accuse those charged with vetting of discrimination. Picture: Abjata Khalif

tity cards after bribing those charged with vetting and interviewing new applicants.

The vetting committee includes the District Officer, District Registrar of Persons, an intelligence officer, a Criminal Investigation Department officer, sometimes immigration officers, area chief and local elder.

Elders are charged with responsibility of establishing if an applicant was born in the area and counterchecking the family of the applicant with a view to ensuring the applicant is a local person.

“The committees oppress Kenyans and only serve rich aliens,” said Mr Dagane Siyat, a former Wajir South Councillor.

Refugee camps “From the refugee camps, foreigners monitor the dates when the vetting committees plan to hold sittings and they land like vultures,” said a Mr Kabahai says. “They are even coached about the areas they will claim to have come from.

The practice has denied genuine Kenyans the opportunity to own an ID.” However, there are those who agree that dual citizenship will help many people from northern Kenya. Yarrow said: “The proposed constitution is good compared to the current one as it guarantees dual citizenship.” He added: “We call on the government to also consider our cousins and brothers living on the other side of Somalia border in acquiring dual nationality.

Youth claim discrimination

By Abjata Khalif Youth in northern Kenya claim committee members charged with vetting tend to ignore applicants born and brought up in the region Local youth have suffered a lot as they see other people acquiring citizenship while those with the constitutional right of acquiring national identification card are denied,” said Mr Abdullahi Yarrow.

Take the case of Hassan Abdi, a youth from Garissa. He schooled at Jaribu Primary School and took his secondary certificate in a high school in the same town.

“I appeared before the vetting committee and I answered all the questions they asked me,” he said. “But after doing all that, some elders claimed that they do not know my family and that I should produce satisfactory proof that my family lives in Garissa.”

Hassan said that he was shocked by the elders’ decision. “I tried all means including showing them the vaccination mark on my left hand so that they could understand I was inoculated when I was born in Garissa.”

It took Hassan another six months before he could appear again before the vetting committee. Interviews for national identity cards take long due to shortage of staff and resources at the Registrar of Persons office in Garissa.

A dejected Hassan was shocked by the preferential treatment the committee accorded four youths who were ahead of him during the interview.

“Everybody was looking at the four because their faces were new to the town, yet they only took few minutes talking with the committee,” recalls Hassan.

Authorities claim locals are colluding with foreigners in illegally acquiring the national identity card.

Foreigners registered “When foreigners are registered, the same residents who helped them acquire the documents shout the loudest on realising aliens are competing with them for jobs, business and property rights,” said Mr James ole Seriani, North Eastern Provincial Commissioner.

The co-ordinator for Northern Forum for Democracy Mr Khalif Abdi Farah expressed concern over people who have to bribe to get the document.

“Kenyans are usually reluctant to bribe to get the document because majority know it is their right and end up being dismissed and aliens get the opportunity to acquire the ID,” said Farah.

However due to various claims that the issuance of national identity cards is riddled with discrimination and corruption, the government has disbanded all the local vetting committees to enable it establish transparent vetting committees.

ISSUE 018, June 1-15, 2010

Principal chief

Unfiltered, uninhibited…. just the gruesome truth

9

Jamal Mzee Fankurpy sits on the top throne of chieftaincy

By BENDARO TSUMA The 90 or so visitors are all surprised, no doubt, at the way he gives directions.

He stands out prominently and I notice that his uniform does not resemble that of a common chief, although it surely is one for an administrative officer.

Being one of the visitors, I observe the way he goes about organising which visitors would use which boat perfectly. But that is just the beginning of our pleasant five-day interaction with this man on the Lamu Island and in various other islands in Lamu District.

When we finally leave for Faza in one of the seven boats dubbed MV Education 1, Principal Chief Mr Jamal Mzee Fankurpy is right there, at the steering wheel, firm, focused and at ease.

“We expect rough seas some eight to ten nautical miles from here but do not worry, we will be okay,” he reassures his six passengers.

Tour We are on day one of an intensive tour of Lamu District organised by the Coast Provincial Commissioner, Mr Ernest Munyi. The PC is accompanied by 90 provincial heads of departments to the district for this tour dubbed “annual exploration”.

The aim of the trip is to expose the officers so they can respond to questions from the public regarding the various ministries.

The tour would include, if time allowed, visits to all islands in the district, including those far-flung like Faza, Kizingitini, Mbwajumali, Pate, Manda, Ndau, Kiwayuu, Rasini, Tchundwa, Siyu, Shanga Rubu, Shanga Ishakani and Myabogi among others.

It does not take long before we realise that Principal Chief Jamal, as he is popularly known, is one of best coxswains in the team. His colleagues told us so and villagers in the Island we visited attested to the fact.

I ask him to narrate his life to The Reject. But why is Jamal referred to as principal chief?

“Indeed he is Principal Chief, the only one in the country,” says Munyi.

The PC explains further: “He is the maiden and only Principal Chief in Kenya. He got this position when the then Provincial Administration and Internal Security Minister, Mr John Michuki visited the Coast on March 7, 2007 and held a meeting with all administrators in the region in my office.”

The minister unveiled the post of Principal Chief and promoted Jamal to the position. He promised to promote one or more chiefs every three years depending to their performance.

“The promotions would be based purely on merit and would favour those chiefs working along international borders. The promotions were regarded as incentives to enhance border security,” says Munyi.

However, Michuki was soon transferred

to another ministry and with him went the initiative. His successor did not continue it. That is how 49-year-old Jamal has remained the only Principal Chief in the country.

The PC lavishes praises on Jamal who was transferred as a result of the promotion, from the troublesome Kiunga to the Lamu Island, where an office was opened for him at the DC’s administrative block. His former post at Kiunga is yet to be filled.

Kenya-Somali border Jamal is said to have worked during the trying and most dangerous days at Kiunga, when a huge influx of Somali nationals attempted to cross the border into Kenya at the height of clan wars in Somalia. Many of them carried deadly weapons.

It was also during the time members of the dreaded Al-Qaeda terror gang were said to be using Kiunga to cross into Kenya and vice versa.

In this regard, the PC says: “Some issues are too sensitive to be discussed in the press. Those were the dark days of terror.”

In hailing the efforts and sterling performance of the Principal Chief, the PC says: “The promotion went to an individual. I am totally convinced Jamal was that deserving individual.”

Having worked as a senior chief in Kiunga for six years, Jamal demonstrated exemplary performance. He came out boldly, almost single-handedly to restore peace in that volatile part of Kenya. He brought a lot of change and was extremely instrumental and outstanding in the Bajuni community.

Jamal has made great contribution to development, security and harmony. He dealt with the difficult job of handling foreign refugees, internally displaced people (IDPs) and suspect characters intruding into the country. His extra-ordinary public relations, ability to work beyond the call of duty, experience and diligence made him be recognised by the Government and thus merited this position.

In 1963, Kiunga was attacked by Somali insurgents and four villages completely razed to the ground. The town was deserted and IDPs trooped back in 1969 to rebuild the present town.

The former primary school teacher, joined the provincial administration in 2005 as assistant chief Grade two moving to Grade one within one year. At the time, there was no chief in the troubled Kiunga area as many, including local people, were afraid of taking up the position.

Lamu District Principal Chief Jamal Mzee Fankurpy displays his skills as a coxswain and (inset) the chief in his full uniform. Pictures: Bendaro Tsuma

Jamal plunged into the role and moved through the ranks from Grade Two, on which he served for three years from April 5, 1988 to Chief Grade One, a position he held for six years. This was at a time when tension was highest between Somalia and Kenya and the days of “Operation Linda Mpaka” that was declared by retired President Daniel Moi.

Experienced coxswain Outside administrative work, Jamal is a qualified coxswain and businessman. He sails his own speed boat.

“I began as a child with wind-propelled dhows. My paternal and maternal grandparents owned several dhows. I rowed in them and went fishing, something which is still a hobby. Later I trained to pilot speed boats as my brother had one.”

He later bought his own speed boat and engaged in ferrying lobsters from Kiunga to Lamu Island through the most dangerous and dreaded sea route in Kenya, the Mlango wa Tano. This is an area with the most ferocious sea waves, where tens if not hundreds of Kenyans and foreign fishermen have lost their lives. This is a place where today, even the most experienced coxswain in the country will not take KSh50,000 to traverse.

“Hard work, dedication to duty day and night, and reliance on God. Be straight in your life, avoid corruption and never take anything from a poor man after serving him.

Do this and God will help you.”

Mlango wa Tano is 167 nautical miles from Kiunga to Lamu. It takes between three and four hours by speed boat and between eight to 12 hours by ordinary boats.

“I later changed to transport business and in partnership with friends we owned six speed boats,” he says, adding, “When the industry was flooded with 30 boats, I quit.

I sold two boats and remained with one.”

He has since trained many young coxswains in Lamu. Jamal is married to Fatma and together they have three children.

What is the secret behind his outstanding success?

“Hard work, dedication to duty day and night, and reliance on God. Be straight in your life, avoid corruption and never take anything from a poor man after serving him. Do this and God will help you.”

A Lamu resident, Mzee Famau Abubakar who has seen Jamal grow hailed him as “a brave young man”.

“Mr Jamal is the type of person one would love to work with. He is hard working and focused and will pursue to the end what he believes is right,” says Abubakar. He adds: “He is also fearless and managed to quell bandit trouble when it was very strong.”

But what probably endears people to him most, is Chief Jamal’s good heart, cooperation and readiness to assist others.

“Here on the Lamu Island, there is hardly any resident who has not received Jamal’s assistance both in material and deed. He reaches out to everybody and I think that is why he has been able to go far,” he explains.

10

ISSUE 018, June 1-15, 2010

Unfiltered, uninhibited…. just the gruesome truth

Motorists turn to cheaper bio-diesel

By Joseph Mukubwa

Bio-diesel production by a Naromorubased firm is yet to meet rising demand, two years after it went into the market.

Retailing at KSh65 a litre, the biodiesel is cheaper than conventional fuel, making it attractive to consumers. Currently conventional fuel costs between KSh85 and KSh93 and is set to rise.

A marketing coordinator for the Self Help Project, Mr Charles Kihunja, said the demand for bio-fuel remains high. It is produced from cotton seeds purchased from a huge network of farmers in the Mt Kenya region.

Cotton seeds which are botanically known as croton megalocarpus, or locally as mikinduri, are readily available in the region.

Another seed called canola or rapeseed, is also being used in the bio-diesel production. It is intercropped with wheat and castor oil.

Partnership According to the officials, the project has so far entered into a profitable partnership with local farmers to supply the seeds that contain 30 to 36 per cent oil content.

As most Kenyan motorists remain entrapped in the belief that motor vehicles solely rely on conventional petroleum fuel, their colleagues in Naromoru think differently, and cannot wait to fully switch to the cheaper fuel.

“At first there was a slight problem of a hard-start, but the vehicles got used to the

new fuel. The bio-diesel covers more kilometres than the normal diesel from the petrol stations.

“It is cheap and safe for our engines.

This is what we have been looking for,” said Francis Ngatia, a matatu driver as his vehicle refills at the Enterprise Development Centre pump in Naromoru, Kieni East District.

His taxi, that plies the Munyu-Naromoru route, consumes about 50 litres per day. He has also brought along several containers for other matatu drivers.

Benefits The fuel is good even when mixed with petroleum diesel. “It improves engine efficiency and also serves as a good lubricant,” said Mr Kabugi Gichuki, a tour operator as he too replenished his vehicle.

It is a ritual he undertakes on his weekly returns home from his Nairobi base.

The bio-diesel is being produced in a first phase of a pilot project by the Self Help Centre, a non-government organisation under the auspices of the Kenya EcoEnergy Programme. It is the first project of its kind in the Central Kenya region.

“The fuel is cheap, environment friendly and has less soot compared to the fossil fuel. I have been using it for the last few months and there are no detrimental effects on the performance,” said Mr Bernard Muchiri, the project’s director.

The unique undertaking is funded by several organisations including Tree Crops Network, Kenya Forest Working Group, Kenya School of Projects, USA, ICCO

Second cane factory to ease farmers’ concerns

By Nicholas Odhiambo It is sweet news for sugarcane farmers in the southern Nyanza as the construction of a KSh1.8 billion cane factory, the second factory in the region, starts this month.

Once up and running, the mill at Riat Market in Ndhiwa District is expected to commence production in September next year. It will crush between 1,500-2,000 tonnes a day and will ease congestion that has hit the Sony Sugar Company.

Cane farmers in the region have for many years suffered delayed payments, a problem the new factory will help ease.

In his address at the launch ceremony, the Managing Director of Sukari Industries — the investors — assured farmers that payment for cane would be effected within a week.

Payments “We shall ensure it does not take more than a week before farmers get paid. What they should do is to grow sugarcane and collect money,” said Mr Sunir Patel.

“Everything has been put in place and construction is starting next month. We are going to ensure our first production is in September next year,” he reiterated.

The 200-acre factory will create about 7,000 formal and informal jobs and is targeting 24,000 farmers.

Area Member of Parliament, Mr Joshua Orwa Ojode, said unskilled labour will be

drawn from the local community, adding “skilled labour is what we shall give to people from anywhere”.

He said the Government has donated KSh22 million for the repair of roads in the constituency to ease the transportation of sugarcane from the farms to the factory.

Security is also being enhanced with the construction of a security airstrip that will cost the Government KSh10 million and another KSh1 million for a police post.

Security “We are happy that the Government has given funds for security to be taken care of.

We are soon having a police post and a security airstrip here,” said Ojode. The chairperson of Kenya Sugar Board Mr Okoth Obado urged local farmers to support the venture by increasing their acreage under cane.

“The Government is supporting this new factory. I urge locals to start growing sugarcane so that they can benefit from the mill,” he challenged the farmers.

Further support for the sugar mill was voiced by Mr Ezra Okoth Olodi of the Kenya National Sugar Growers Union, who urged the investor to ensure mature cane is harvested in time and farmers are paid without undue delay.

“We are happy to have this second factory in the region. What we now ask the investor is that harvesting and payments not be delayed,” Olodi said.

A worker from the Self Help Centre assists to fuel a matatu with biodiesel at Narumoru in Nyeri North district. (Inset) The factory where biodiesel is manufactured.

Pictures: Joseph Mukubwa.

Netherlands, Pact Kenya, Horizon Business Ventures, Kenya Eco-Energy Program and Solarix of Holland.

Mr Jan-Hein Hoitsma of Solarix BV said the machinery and equipment for the plant was imported from Holland at a cost of KSh2 million.

The project produces between 600 and 1,000 litres per week of bio-diesel. The croton seeds are purchased from over 2,000

farmers at KSh18 per kilo.

The centre now requires 1.6 tonnes of seed which is bought at KSh18 per kg (cotton), and KSh15 (rape-seed) from farmers in Central and Eastern provinces.

Among the many challenges the project faces include lack of quality control measures to check on the quality of the final product, with only the density of bio-diesel being checked.

Residents root for water at the expense of other projects

By Ryan Mathenge KIGUMO Constituency Development Fund has set aside KSh18 million to finance a giant water project to serve lower parts of the district.

Allocation of the funds follows a request by residents of Kahumbu and Muthithi locations to suspend other development projects in favour of water.

Kigumo Member of Parliament, Mr Jamleck Kamau, said area residents asked the CDF to shelve funding of other projects until they get clean piped water. Speaking in his office, Kamau said the project will be constructed on the slopes of the Aberdare ranges to help tap more water.

“Residents have asked for water.

Other programmes such as expanding classrooms will follow,” asserted the MP, noting that usage of water fetched from polluted sources contributed to the spread of water-borne diseases, especially among the children.

In a related development, water consumers in the district have rejected the takeover of Kinyona Water Project by Murang’a South Water and Sanitation Company in the absence of compensation of costs they incurred in the 1970s.

They have vowed to stop the takeover of the project without a written agreement, or compensation for their investment. The resolution was made at Karinga Market, Kinyona Location.

Led by their civic leader, Mr Alex Mbote, the villagers said the company was diverting users from the main line to a service line in a strategy to takeover control.

Mbote said the community was not privy to the details behind the takeover, given the fact that they had raised the money and sought donor funding for the project.

The meeting chaired by Kigumo District Commissioner Mr Omar Salat, managed to cool tempers by appointing an elders’ committee to look into complaints raised by the residents.

The DC blamed the stalemate on failure by the water company officials to dialogue with consumers as they were yet to be briefed as to why they were being diverted to the service line.

Murang’a South Water Company Managing Director, Ms Mary Nyaga, had earlier said diverting consumers to the service line was occasioned by the need to ease pressure on the main line and guard against pipe bursts.

ISSUE 018, June 1-15, 2010

Unfiltered, uninhibited…. just the gruesome truth

Girl, 12, dies in botched up FGM

11

...as Agnes Pareiyo continues to battle the outdated Maasai tradition

By Kabia Matega Pain and anguish recently engulfed a girls’ rescue centre in Narok during a prayer service in memory of a victim of forced female genital mutilation and early marriage.

The 12-year old girl had died from excess bleeding after undergoing the crude operation carried out by a traditional circumciser. The girl was the secretly buried.

However, responsible citizens informed the government and the body was exhumed.

According to Dr Gerishon Abakalwa, who witnessed the exhumation of the body, the girl died from excessive bleeding as a result of the outdated Maasai cultural ritual. Female Genital Mutilation is performed secretly in the deep rural areas of Narok, in the expansive Rift Valley Province.

The girl, identified as Sasiano Nchoe, was a standard five pupil at Naroosura Primary School in Osupuko division which neighbours the world famous tourist destination the Masai Mara Game Reserve.

Rescue centre The day-long memorial service for Sasiano held recently held at Tasaru Girls’ Rescue Centre in Narok town, left almost everybody in attendance sobbing uncontrollably as girls at the rescue centre narrated the torture some of them underwent in the hands of their own parents or guardians.

“Before we found our way to our current home (rescue centre), we had to secretly tip-off our rescuers or organise escape missions ourselves, after it leaked to us that plans were being made to have us circumcised and later married off at the expense of our education,” said Kaarie Sarisar amidst sobs.

In the Maasai culture, a girl’s father and the would-be husband — normally an elderly man, some four times older than the girl — engage in secret dowry negotiations without informing the girl and her mother.

When a mother happens to know and is found not to support the marriage idea, she is beaten up. Some unfortunate mothers have had to flee to the rescue centre along with their daughters.

The cut “I was still sleeping when suddenly, a group of women surrounded me and without wasting time, two strong arms firmly pinned me down, as others undressed me ready for the ‘cut’,” explains Nashipai Enteret, 13.

“As I cried for sympathy from the unapologetic women, a sharp object cut through my private parts, and after a short while I fainted,” says Nashipai from Suswa Location. “I only regained consciousness after a few days.”

Nashipai, currently in Standard Eight under the sponsorship of Tasaru, says: “After I regained consciousness, an elderly man almost the age of my father, was introduced as my future husband.”

Girls from Tasaru Girls’ Rescue Centre cannot hide their emotions during a memorial service for a peer who died in a botched up circumcision. (Inset) Mrs Agnes Pareiyo, director of the Centre. Picture: Kabia Matega

Nashipai’s case is just like that of Terry Siamto who was saved in a dramatic rescue by the Director of the centre, Mrs Agnes Pareiyo, as she was forcibly being escorted to her husband against her wish.

The gathering at the memorial service heard how the Sasiano’s body was hurriedly buried in a shallow grave in her father’s farm in a bid to conceal her death.

However, those behind the illegal plan were not lucky as hours later, Pareiyo was informed of the incident and she immediately moved into action.

She called the Commissioner of Police, who in turn instructed the Narok police to rush to the scene of crime and arrest the suspects.

Sasiano’s father and the circumciser were arrested and charged at a Narok court with the murder of the girl and for subjecting an underage child to forced circumcision in violation of the Children’s Act. However, after a long legal battle involving several stakeholders among them human rights’ groups, the murder charge against the two suspects was reduced to manslaughter.

Equality Now, an international organisation that champions the rights of the girl-child, enjoined in the case and funded the protracted legal representation for

the Tasaru-led team, the whistle blower that exposed the case.

Equality Now Africa Regional Director, Ms Faiza Jama Mohamed, who attended the memorial service, appreciated the role the new Children’s Act was playing in ensuring the arrest and prosecution of child abusers as demonstrated in the Narok case.

Education kitty Moved to tears by the success of the case, Pareiyo told the gathering how her organisation’s education kitty has been over stretched because of the ever increasing number of girls who seek refuge after escaping from forced marriages and FGM. “My education kitty is currently taking care of 148 pupils in primary boarding schools, 48 in secondary, two in the local universities and one in a teacher training college, beside several others who have enrolled in village polytechnics,” she explained.

Pareiyo is a women’s rights crusader, who was in 2005 named the United Nations Woman of the Year for her antiFGM role.

Her organisation engages in reconciliation process between girls and their parents, some of whom, she regretted, have completely differed and cannot be reconciled.

“After we sensitise some parents on dangers that normally befall their children after the ‘cut’, some readily accept their girls back home and agree to support the

“After I regained consciousness, an elderly man almost the age of my father, was introduced as my future husband.”

anti-FGM campaign in their respective areas as role models,” says Pareiyo.

The anti-FGM campaign in Narok District was launched by Pareiyo in 1999 when she was still an official of the Maendeleo ya Wanawake Organisation, a grassroots women’s lobby group in the district. Her courageous move to face the Maasai community on such a deeply rooted cultural practice, placed her on a collision course with most community leaders and members who believe circumcision is mandatory for women to become good wives.

Politics A non-apologetic Pareiyo, ignored resistance that has always put on her on a collision with Maasai men who view women as lesser beings. She plunged headlong into politics alongside her anti-FGM crusade, and is currently serving her second term as an elected civic leader for Sakutiek Ward.

“I had to prove my worth in the field that was a reserve for men in my Maasai community, and after being elected to the council, I contested vice chairperson’s seat of the Narok County Council, which I also won with a landslide victory, majority of my voters being men,” says Pareiyo, a modern day role model for local Maasai girls.

Pareiyo points an accusing finger at some local politicians for refusing to openly denounce retrogressive cultural practices that frustrate the campaign against FGM, for fear of losing votes.

“My next phase is now to sensitise the Maasai youth to accept girls who have not been circumcised as suitable partners for marriage,” says Pareiyo, who is the Country Director in charge of safe houses at the Eve Ensler-led V-Day Foundation.

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ISSUE 018, June 1-15, 2010

Unfiltered, uninhibited…. just the gruesome truth

Defending girls from retrogressive culture

Elderly Maasai women share a joyous moment together. Women from the community have not had a standing nationally due to retrogressive cultures and traditions. Picture: Eliud Waithaka.

By Eliud Waithaka Women’s emancipation may remain a big dream if cultures that stagnate their advancement continue in certain communities.

Even though culture was removed as a principle in the Harmonised Draft Constitution, the revised Harmonised Draft that came from the Parliamentary Select Committee to the Committee of Experts has states in Article 42 (1): Every person has the right to use the language, and to participate in the cultural life of that person’s choice.

And continues in (3) to state: “A person shall not compel another person to perform, observe or undergo any cultural practice or rite.”

These are laws that are being put in place to eliminate retrogressive traditions and cultures that hinder empowerment of women.

Such cultures have left women feeling inferior and their status in society has forever remained low. It is recognised that a woman, whose social standing does not rise, will also not be able to make any inroads into political empowerment and advancement.

However, many communities ignore statutory laws as is the case for pastoralist communities in Samburu, Laikipia and Isiolo districts, where an intense rift is raging between the elderly and youth on matters concerning eradication of retrogressive cultures.

The youth have launched a spirited war against early marriages, female genital mutilation (FGM) and lack of girl-child education among other primitive practices revered by the older generation.

In the region that straddles national borders, girls as young as seven are withdrawn from school and forced to undergo female genital mutilation, after which they are considered mature enough to be married off.

The girls do not determine whom to marry, and the decision rests on their fa-

thers, most of whom are driven by greed for more livestock, which comprise of the dowry.

And unlike in other communities where dowry price is determined by the bride’s level of education and social status among other factors, among the pastoralists fathers and uncles determine dowry, albeit haphazardly. In numerous cases, children as young as 12 have been rescued from forced marriages, where they were married to elderly men — at times as the third, fourth, or fifth wives.

Fears The head teacher of Soit Oudo Primary School, Ms Ann Resiano, says that after every dry spell, fears abound in the region as girls are withdrawn from school by selfish fathers. Hundreds of manyattas (traditional homes) are replenished with livestock accruing from the bride price.

The double-edged nature of the dry seasons is such that thousands of livestock perish for lack of pasture and water, while at the same time sparking the frenzied marrying off of underage daughters for the sole purpose of acquiring livestock.

Laikipia North District Commissioner, Mr Caleb Ongoma, has been at the forefront in instilling some sense of “maturity” among parents, including threatening to arrest and prosecute those who violate the law. Forceful marrying off of girls under the age of 18 has been outlawed by the Children’s Act 2001.

Trends have also shown that as girls scale the academic ladder in primary school, their enrolment gradually decreases.

“We shall never have an elite class of women in this area unless the community accepts to eradicate vices and traditions that subjugate women at an early age,” says Ms Jennifer Koinante, a former education officer in the region.

Koinante, who is the director of Yiaku People’s Association, says many girls are withdrawn from school at the age of between nine and 12, to undergo female genital mutilation.

“After being circumcised, the girls are considered mature enough to marry, and education is no longer a priority,” laments Koinante.

Eradicating fgm Yiaku People’s Association has kicked off a campaign aimed at eradicating female genital mutilation, or “the cut”, as it is popularly known through introduction of a non-harmful alternative rite of passage.

The association comprises members of the Yiaku community, a minority tribe living in Mukogodo Forest in Laikipia North District.

The Yiaku are just among other groups that operate in the region with the aim of reducing illiteracy among women.

One such group is the Ilamaiyo Foundation — a youth organisation, pays full secondary school fees for the best performing girls in the Kenya Certificate of Primary Education (KCPE) examinations.

Executive Director of Ilamaiyo, Mr Francis Merinyi, says the organisation comprises of youthful Maasai drawn from Laikipia North District.

It was founded in 2001 and registered

“After being circumcised, the girls are considered mature enough to marry, and education is no longer a priority,” laments Koinante.

as a Community Based Organisation with the aim of addressing prevalent problems facing the pastoralist community. It was later elevated to NGO status in June 2007.

Merinyi says that during its formative stages, the youths addressed issues ranging from HIV/AIDS, and FGM to early marriages. “We converged as the youth and decided we had to find a solution to these issues. But as we kicked off operations, the plight of our girls overrode all other problems, and we gave more emphasis to the vulnerable lot,” explains Merinyi.

To start with, FGM was being practiced at a high rate and it gave way to the outlawed early marriages, which drove many girls out of school. Many girls in the area attend lower primary school after which they are forced to undergo FGM. Eventually, they are married off, while a few who complete primary, join secondary school.

“Barely five per cent of those who complete primary education join secondary schools,” he says. Due to the high illiteracy levels among women and girls in the region, youth decided to emphasise on the issue of education.

Merinyi says that the members agreed to concentrate their efforts on the girl-child education, which attracted very little, if any support from the community’s elders.

In 2005, two girls Makurian and Kimanjo were married off immediately after receiving their KCPE results. “The girls had scored 291 and 283 marks out of 500, and were on the verge of being wasted through forced marriages,” observes Merinyi.

Ilamaiyo went on a rescue mission which proved hectic as they attempted to disentangle cultural beliefs deeply rooted in the community. The girls’ families were not willing to educate them, and it was the group’s responsibility to ensure it set straight their desire to get post-primary education.

Continued on page 13

ISSUE 018, June 1-15, 2010

Unfiltered, uninhibited…. just the gruesome truth

13

Quest to reclaim sacred sanctuary

By Wilfred Muchire The story is a chronicle of the trials and tribulations of a distressed community that resides around a sacred ancestral heritage that defines their being and supports their livelihood.

The sanctuary, Karima Hill is located near Othaya town in Nyeri South District.

And a book depicting past and current troubles residents have faced in their attempts to protect their sacred hill in central Kenya, has hit the shelves.

The book titled, The Sacred Footprint, narrates how colonialists invaded the hill whose highest point is about 6,000 feet above sea level, and proceeded to plunder its resources while barring the local community from accessing its sacred sites.

The settlers also planted exotic tree species on the hill, leading to the drying up of about 20 streams that previously flowed down its slopes.

The community totalling about 20,000, resides in an area of 17 square kilometres around the hill that is home to two sacred sites which were recently gazetted as sacred shrines by National Museum of Kenya.

The 52-page book whose theme is ‘Towards Reclaiming of the Community Territorial Stewardship of Natural and Cultural Heritage’, explains how for many generations community elders protected the hill’s sanctity.

The stringent traditions were handed down to successive generations to ensure the sanctuary retained its status as the community’s source of social and cultural identity.

“The Sacred Footprint tells the story of the Karima community. It is a story with many stories within it. It is the voice of the local elders as they lament over a territory, a heritage and a culture taken away from them,” says Mr Kariuki Thuku, the book’s author.

Porini Trust, a NGO run by Thuku, has been funding the local community in its quest to reclaim the hill’s lost glory.

The book features many proverbs, similes and metaphors, commonly used by elders in their attempt to rediscover issues affecting the hill.

It also contains the story on how the four clans, Kirumwa, Maigua, Ngai and Gitenee that live around the hill, came into being from their fore-parents referred to as Mbaire and Nyakaguku.

They are said to have been hunters and gatherers who survived on game meat, wild berries, honey and roots that were found on the hill.

It also explains how in early 1900s, white sellers annexed a huge portion of the hill and introduced exotic trees whose presence has caused misery, not only to those surrounding the hill but to the wider region.

Climate change “Weather patterns have greatly changed.

Streams have dried up and people can longer tell what a day will look like, unlike in the past when they were able to predict since the climate had not changed,” says Thuku in an interview.

The residents blame local authorities and the provincial administration for the problem afflicting the hill following its transfer from the Nyeri County Council to the Othaya Town Council in 1980s.

Hue and cry greeted disclosure that a quarter of the hill had been leased to Iriani Tea Factory for cultivation of fast maturing blue-gum trees in 2000 for a lease period of 30 years.

The factory has since been cutting down trees which are used in drying of tea leaves at the factory, about 10 kilometres away from the sanctuary.

An octogenarian who has been living near the hill says of the council’s move: “This plantation will generate much money, but to whose benefit? We cannot sell our rivers.

We cannot surrender our biodiversity.”

Although he has no formal education, Mzee Kimunyi Githua, 84, is quoted in the book as saying: “I really understand that I had caring ancestors when I see beautiful rivers flowing, forests growing ever dense, clean air wafting in all directions and dark oil swelling and yielding its fruit.

“The current degradation renders our earth an unworthy inheritance. The value and meaning of passing on the life of the earth is being diminished. It is sad,” explains Githua.

A canopy of trees at the Karima Hill sanctuary. Picture: Wilfred Muchire

The community is demanding ownership of the hill to manage and save it from ongoing destruction, a request the authorities have dismissed, claiming the local people lack the capacity.

“We are overly agitated when the government argues that the Karima community has no capacity to manage this small sacred hill,” says Thuku, who also hails from the area.

He adds: “We first need to own our communal resources before criticism on sound management and accountability can be meted out to us.”

He explains: “The degree of environmental integrity which we would want to see in Karima is greatly compromised by the question of ownership.”

The book advocates community-driven processes as a sure way of reclaiming the sanctuary’s lost glory. It states that through Community Ecological Governance (CEG), indigenous communities in other parts of the world have succeeded in protecting their resources.

The book also cites similar incidents where people in other communities have endured similar challenges after encroachment and excision by the colonial authorities.

Using the Masaai as an example, the book narrates how the community lost

“Stringent traditions were handed down to successive generations to ensure the sanctuary retained its status as the community’s source of social and cultural identity.”

some of their most revered shrines, including their fords, salt licks, graveyards, dancing grounds and rivers. They were subsequently forced to live in relatively limited grazing areas with their livestock.

The book recounts how the Maasai related to the people of the Karima Hill through barter trade before the coming of the colonial settlers.

“Until their removal by the British, the Maasai people were our neighbours. We used to trade with them along the banks of Chania River near Nyeri Town,” Thuku says in the book.

Last year, a section of elders in the area caused a stir when they sent out word that they were looking for people to assist in cursing persons and institutions behind the wanton destruction of the hill.

The move was halted after the Government agreed to a dialogue with the community, and a committee was then formed to look into their grievances.

The community delegation to the negotiations included eight people from the area, a representative from Porini Trust and their lawyer Mr Ng’ang’a Thiong’o.

It is expected to come up with among other things who should own the hill and how to share the benefits.

The hill used to boast over 300 different species of indigenous trees and scores of birds and wild animals, but due to years of degradation, only the Colubus monkey and a few birds survived. Most indigenous trees have been replaced by exotic species.

According to the book, many trees species were lost in the fire that was set on the hill during the emergency period in the 1950s.

Youth fight to defend girls from cultural oppression

Continued from page 12

The organisation has so far managed to retain at least 36 girls in school, but Merinyi says despite the enormous amount of funds spent on the beneficiaries, parents still withdraw them from school and marry them off. Among the parents are elders who are waging a furious war against eradication of practices that demean women’s and girls’ participation in development.

Dr Joseph ole Sarioyo, who is the Ilamaiyo chairman, says despite the benefits that the community would reap from dropping some of the practices, the fight against FGM has been challenging.

And ironically, the older generation of women has ganged up with the men in the fight, making the task to emancipate the

girls difficult. Mrs Semaiyon Lemereru, an elderly woman from Il’Polei, Laikipia North, says marrying off girls before they are circumcised could lead to a curse.

The worst awaits a girl who falls pregnant before undergoing circumcision.

Dubbed Ntaapai, such a woman is thrown out of the family compound through the fence, to allegedly cast off the curse from the home.

“Girls should be educated, but it would be against our beliefs to marry them off while they are not cut. This would lead to death of all members in that family,” says Lemereru, 63. She says marrying a girl who is not ‘cut’ leads to a curse and this is something which the community strongly believes in.

“I would not allow my son to marry a uncircumcised girl, since I would be caught by the curse, as well as my husband and other children,” says Lemereru.

Lemereru adds: “This is against the culture and traditions of the Maasai community.

Since time immemorial, the Maasai have been circumcising their girls. We accept that they be cut at an early age so that they can then proceed with their education.”

Another local old timer, Mr Konana Rana says it is possible to discard other practices, but hard for FGM. “We have accepted to educate our children, but we remain unconvinced, why we should discard the female cut. Boys should not marry uncircumcised girls,” says Rana.

“I understand the elders are adamant,

while we as the youth are on the other side of the river proclaiming eradication of some practices. Nobody has brought the two sides together to discuss the way forward,” notes Councillor Robert Kingau.

Sarioyo also calls for inter-generational dialogue as sharing of ideas could lead to the eradication of retrogressive practices.

“We want to see an enlightened community accessing all basic needs. The pastoralist community should move with the times,” he stresses. Ilamaiyo has introduced alternative rite of passage, which gives the community a choice from female genital mutilation.

“We do not just want to tell them to stop circumcising girls. It is our obligation to give them a choice,” they say.

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ISSUE 018, June 1-15, 2010

Unfiltered, uninhibited…. just the gruesome truth

Report exposes massive looting of devolved funds

By Musa Radoli

R

ampant mismanagement, corruption and outright looting of public funds is immobilising the country’s 13 national devolved fund offices, defeating the purpose of taking resources to the grassroots.

Mismanaged funds The funds which receive billions of shillings in annual budgetary allocations, are losing the monies due to the absence of checks and balances to stem the vice.

One of the major reasons cited for the continued loss of the funds, is the central Government’s reluctance to relinquish its powerful stranglehold on the management and control of the funds.

The control of the devolved funds at constituency level exists only in name. According to a report just released, the Central Government’s continued control of the funds, has bred within it, rampant corruption, cronyism and gross indiscipline in the way the funds are managed.

The report entitled: Harmonization of Decentralised Development in Kenya 2010, was conducted between June 2009 and January 2010 by a consortium of non-governmental organisations called Social and Public Accountability Network (SPAN), in collaboration with the Kenya Human Rights Commission (KHRC) and other development partners.

Research The research was conducted in one constituency, randomly selected in all the country’s eight provinces.

The eight constituencies involved included Nyeri Town (Central), Mwatate (Coast), Baringo Central (Rift Valley), Isiolo North (Eastern), Mandera West (North Eastern), Makadara (Nairobi), Mumias (Western) and Kisumu Town East (Nyanza).

The funds targeted in the research study, included the CDF, LATF, Bursary Fund, SSEB, RMLF, Constituency HIV/ Aids, WSTF, and the MDGs Core poverty eradication programmes, among others.

The report says: “The funds were established in an ad hoc manner, and often due to politically motivated decentralisation policies.

“The Constitution of Kenya does not capture the fundamental principles of the state, or the model of development. As a consequence, the Government policies have been ambivalent to this,” the report reads in part.

It states that the successive decentralisation policies that have been developed in the country over the years, have been persistently ad hoc, with vast political motivations within the ruling regime of the day.

The funds, it further states, were expressly created, mostly for political expediency without consulting the intended beneficiaries and the tax payers.

“The consequences have only seen the funds abandoned after massive wastages and looting of the public resources.

“How many achievements are we seeing today in the country’s 13 different devolved funds?” poses the report.

A civic leader, Mr Tony Onyango Opondo stands next to a stalled library that is a Constituency Development Fund project in Busia. Picture: Gilbert Ochieng

According to the report, the Kenya Human Rights Commission (KHRC) in collaboration with the Social and Public Accountability Network (SPAN), apart from the interviews conducted during the research also performed comparative analyses on devolution experiences from other countries.

They scrutinised existing Government policy documents and legislation on the governance of the decentralised funds.

The scrutiny involved tracking down these policies and practices of the devolved funds in the country, right from independence through all the different regimes to the present, before compiling the report.

The final report says that failure by consecutive Governments to safeguard the devolved funds from political manipulation, had resulted in rampant duplication.

It had also led to overlap and cheating in the processes of executing the various development programmes and projects to which huge sums of monies had been allocated in various constituencies across the country.

Unequitable distribution The report declares: “Our research has established beyond reasonable doubt that human and financial resources were spread un-economically too thinly across numerous funds in the ongoing projects in many cases.

This rendered them ineffective and difficult to monitor, evaluate or even manage. This blurs the accountability and oversight mechanisms that may be in existence – if any.

Despite the fact that the backbone of most of the devolved funds’ establishment was rooted in citizen participation, right from the project choices, the concept had been rendered a nullity. This was due to warped prioritization, implementation, monitoring and evaluation to ownership.

The KHRC and SPAN say that their study has confirmed that throughout the constituencies in the provinces, citizen participation in the management of the devolved funds, and the projects they were meant for, remained extremely poor due to the lack of an effective local citizen engagement culture.

“Therefore, the end result is that development programmes, excluding citizen’s effective participation, means planning and executing them without the people’s priority needs or interest, but ironically using their money and again without their owning the projects.”

Mistrust

It argues that this has brought into question the State legitimacy, and entrenched the ordinary people’s mistrust in state organs and institutions linked to these devolved funds.

The State is also viewed as negating on the political, bureaucratic and social will to plan and implement shared exercise of power.

Other negative impacts documented, include disempowerment of the people at the grassroots, and denying them the capacity to receive and utilise powers and functions transferred to them in the devolution process.

“We witnessed that this has adversely eroded commitment from development partners, both from the local and international sources, as well stakeholders as was recently witnessed with the Free Primary Education cash embezzlement saga.”

Though virtually every district in the country is staffed with a District Development Officer (DDO) since the 1990s, according to the research, their roles in the devolved funds are either practically nil or highly questionable.

It attributes this to weak monitoring

“Failure by consecutive Governments to safeguard the devolved funds from political manipulation, had resulted in rampant duplication.”

and evaluation, unhealthy competition between the local authorities (LATF handlers) and members of the Constituency Development Fund Committees (CDFCs) and line government ministries’ departments, among others.

“The lack of buck stoppers and political interference in the CDF, LATF, boundaries and the provincial administration are millstones around the necks of these devolved funds in the constituencies,” the research notes.

It is perhaps from this background that the Ministry of Planning and National Development has now proposed a new framework in the management of the funds, to address some of the damning indictments.

It remains to be seen if the proposals that have since been forwarded to the Finance ministry, will be adopted and implemented as a whole, as recommended by the Planning ministry.

The key recommendations were taken to the Cabinet Committee, and the Committee of Experts to be considered for inclusion in the Harmonised Draft Constitution, and the Parliamentary Select Committee on the Constitution (PSC) as well as Parliament itself.

Turn-over

Planning Assistant Minister, Mr Peter Kenneth, says the new framework proposals stem from the fact that the ministry recognises the dearth of proper mechanisms for harmonization of the priorities of the country’s devolved funds.

Says Kenneth: “We are talking of the funds at the constituency level, as well as those funds that are sent directly to the district coffers by various ministries from the headquarters, including funds from other sources such as the local authorities and the NGOs.” He argues that the rationale behind the proposed new management framework, is the enhanced coordination of the multi-sector stakeholders’ development efforts, improved governance, increased information flow between the constituencies, the ministry headquarters and other stakeholders.

ISSUE 018, June 1-15, 2010

Unfiltered, uninhibited…. just the gruesome truth

15

East Africa opens up

Common man happy with agreement that will ease trade across the borders

By ODHIAMBO ODHIAMBO & OLOO JANAK Residents and traders at the Isebania border of Kenya and Tanzania are elated at the prospects of a full implementation of the new market protocol in East Africa saying it would trigger faster socio-economic development in the region.

Many of those interviewed said free movement of people and goods is what has been lacking in the East African bloc and told political leaders to “nurture and support the new agreement”.

Border traders

Both Kenyan and Tanzanian traders operating at the border town have asked their governments to sensitise border officials on the provisions of the new treaty since most of them appeared ignorant of what the protocol entailed.

“Immigration officers from the two countries are still insisting on too many clearance procedures as one moves from one country to another. This will slow down the take-off of the protocol,” says Mr Benson Chacha, a trader at the border town.

His sentiments are supported by Mr Mashangwe Mohammed, a cereals dealer who said the common man should also be sensitised on the advantages of the protocol. “Most of us read about the new trading policy in the newspapers and hear it over the radio but I cannot tell what it actually means,” he says.

Among those looking forward to the full implementation of the protocol are livestock traders. One of the biggest cattle auction rings at Mabera market in Kuria West District has often been affected by the national regulations.

“Sometimes the market closes for months due to one law or another and officials’ from both countries make our life very difficult. We are told this will not be the case in the near future,” says an excited Chacha Boke, who has been in the cattle trade for the last fifteen years.

The Mabera livestock market, which draws most of its supplies from Tanzania, provides some of the animals for slaughter at Dagoretti Market, Nairobi.

Clearing and Forwarding agents have also described the protocol as very good news coming in the wake of hard economic realities in the region but asked the member states to regulate fuel prices.

Other than opening up the borders, the Protocol will help in reducing the many il-

www.mediadiversityafrica.org

legal routes that have been opened up by traders who are tired of paying too much money before their goods can be cleared.

“Use of illegal entry and exit points will be a thing of the past because the many deterrent taxes have now been removed,” says Mr Samuel Wanyonyi who has been operating in the area for the last 11 years.

He adds: “We have been parting with a lot of bribes when we import goods and even the officials have been encouraging smuggling as they get money on the side from the smugglers.”

A Tanzanian national from Tarime District, Mr Mohamed Issa, says Kenyan Immigration and Revenue Authority officials were still “harassing and intimidating foreigners at the border post as if no agreement has been signed.”

But the Isebania KRA manager Mr John Changole defended his officers saying they had received manuals in the free market protocol and was duty bound to operate within the new guidelines and policy.

“Although this is a new policy, I believe my officers know what is expected of them and if any of the East African residents is not treated humanely, he or she is free to file complaint in my office,” he said.

This therefore, calls on the countries making up the East African Community trading bloc must move quickly to amend national laws are in conflict with the provisions of the common market protocol due to come into full force by July this year.

It has emerged that a number of national laws are not in consistent with the protocol and may frustrate its implementation.

The Permanent Secretary in the Ministry of East African Community, Mr David Nalo, says the five countries that make up the regional trading bloc — Kenya, Uganda, Tanzania, Rwanda and Burundi — have recognised this and have initiated moves to harmonise laws with the new trade provisions.

For instance, the PS says the definition of EAC in the current laws only referred to Kenya, Uganda and Tanzania and yet there were two more countries in the regional bloc.

The PS says the ministry had established a task force to ensure national laws do not conflict with the provisions in the protocol. The ministry has also launched a countrywide sensitisation programme for customs officials manning border points to help them adjust to the new realities.

“The five countries must carry out necessary legal and institutional reforms quickly to avoid hiccups that might affect

A section of the busy Isebania border town. Both Kenyan and Tanzanian traders operating at the border town have requested for provisions of a new treaty.

Picture: Oloo Janak

the implementation of the protocol,” Nalo told Kenyan officials at a recent sensitisation workshop at Isebania border town in Kuria West District.

He said the Attorney General, Mr Amos Wako will be asked to table a Miscellaneous Amendment Bill in Parliament to capture the new realities.

Security

Nalo said the member states were working on a joint social security scheme to benefit citizens in the region. With the free movement of workers from the member countries, it has become necessary for the nations to address the social security aspect of their people.

A high powered regional meeting held in Mwanza Tanzania early this year discussed how citizens who were contributing to pension funds in their countries would benefit when they move to another member state. “We have discussed the possibilities of making the funds transferable so the workers do not to lose their benefits,” explained Nalo. He added: “We addressed all the potential bottlenecks that may hamper the success of the protocol.”

The PS said a social security desk would be set up in Arusha, Tanzania to deal with the teething problems that would arise during the implementation of the protocol.

The Mwanza meeting took cognisance of the fact that both skilled and unskilled labour will be moving from one country to another in search for greener pastures and new opportunities.

He said Government officers including council employees working at the various border posts would be sensitised on the provisions of the protocol to ensure they stopped harassing traders and workers moving across the borders.

The custom union became effective

Executive Director: Rosemary Okello-Orlale Programme Coordinator: Wilson Ugangu

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Programme Assistant: Mercy Mumo

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Contributors: Ibrahim Oruko, Paul Kimanzi, Abjata Khalif, Ryan Mathenge, Muasya Charles, Odhiambo Odhiambo, David Kiarie, Joseph Mukubwa, Kabia Matega, Eliud Waithaka, Wilfred Muchire, Musa Radoli, Oloo Janak, Jackson Mleka, Waikwa Maina, George Murage, Saida Aroma, Fidelis Muiruri and Bendaro Tsuma

from January 1, this year, with goods manufactured in the member countries moving without attracting any duty while those brought in from outside the EA are subjected to the Common External Tariff.

“But the value added tax on the goods will continue to be paid as agreed by Finance ministers from the states as from time to time,” the PS observed.

Nalo noted that exports from Uganda and Tanzania had increased by around 300 per cent since the beginning of the regional integration process. The PS said the ongoing sensitisation of customs officials at Kenya’s border entry and exit points is meant to bring about a change of attitude and practice consistent with the new spirit of regional cooperation to facilitate improved revenue collection.

The extent to which Kenyan customs officials at the country’s common borders with neighbouring countries are yet to adopt to changing circumstances was recently demonstrated at Isebania border point under Nalo’s nose when he saw them intimidate and harass Kenyan and Tanzanian traders bringing goods into Kenya through the border.

“We have a lot of work to do before we can fully implement the trade regulations for the benefit of the peoples of this region and for Kenyan officials,” the PS told a media briefing in Migori Town.

An official from the Tanzania Revenue Authority (TRA) Mr Hassan Mzee said the regional integration had picked up well adding that hopes were high all areas that could bring misunderstanding would be dealt with quickly.

He said elimination of the many tariffs had helped in curbing cross border smuggling of goods since the remaining taxes were easy to pay.

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