A
N E W S
M A G A Z I N E
O F
T H E
M I N I S T R Y
O F
L O C A L
G O V E R N M E N T
DEVOLUTION
How it will work in Kenya PLUS RESTORATION
STREET FAMILIES
MARKETS
City Park set for major facelift
Towards a bright future
The revenue boosters
RETIREMENT BENEFITS SCHEME DECISION DEFINED CONTRIBUTION (DC) Vs. DEFINED BENEFIT (DB) PLANS This is a pension plan under which an employee receives a set of monthly amount upon retirement, guaranteed for their life or the joint lives of the member and their spouse. This benefit may also factor cost-of-living increase each year during retirement. The monthly benefit amount is based upon the participant’s wages and length of service A DB plan rewards long service and pays a benefit that depends on final salary. Accordingly, a DB plan participant faces job change risk and employer default risk. If an employee leaves his employer prior to retirement, the DB benefit is usually frozen without any future indexation. Consequently, when the benefit is sought at the time of retirement, it will have been heavily eroded by inflation. This problem is serious for young employees, both because the back loading feature of the DB plan gives them low benefits at leaving, and because of the long time before retirement. It is also possible that a bankrupted firm may default on its DB pension benefit promises. Inflation risk – while some pension plans are adjusted (at least partly) to offset the effects of inflation, most are not. The reality of a fixed-payout annuity is a steady loss of purchasing power. If you invest the money on your own, you have a good, but by no means assured, chance of investing it so that it will keep up with inflation. Anticipated income – Generally, pension payouts give you less income than you could make if you were investing the money on your own. This is due to the fact that payout schedules tend to be figured very conservatively to minimize the pension company’s future financial risks. Mortality risk – Traditionally, pension payments stop when you die. So if you die pre-maturely, your estate is considerably poorer than it would have been if you had taken a lump sum. Note, though, that many pension plans offer some sort of provision for this event, although at a price. Typically, it is a continuation of some lesser stream of payments for the benefit of a surviving spouse. DEFINED CONTRIBUTION PLAN This is a retirement savings program under which the ultimate benefit is based exclusively upon the contributions to, and investment earnings of the plan. In a DC plan, the employer stipulates contribution amounts rather than benefit formulas. Consequently, a participant’s risk in this case comes from the investment return of employee accounts. After the contribution rate has been decided, the DC accumulation depends heavily on the investment performance of the employee’s total portfolio. Termination does not threaten DC participants particularly, because DC participants can always rollover their account into a new employer’s DC plan consequently, the money can continue to accrue investment returns. Investment risk – if you decide to manage the money yourself (or with the help of an investment advisor), what happens to it is your business. If you lose it through unwise investments – or even “wise” ones that go sour – there is no recourse. However, a higher income might enable an individual to bear more risk by providing a cushion for bad returns. DC plans are attractive to employees because of individual involvement, more investment choice, immediate vesting and portability at job change. Employers also like DC plans because they are easy to communicate to employees and there is no under-funding risk. It is important to take note of all the above factors before making a decision as to which retirement plan to take up.
CONTENTS COVER STORY
DEVOLUTION
How it will work FEATURES
9 28 RESTORATION
13
CRA: How County cash will be shared out
City Park set for major facelift
16 COUNTY COMMISSIONERS Appointments essential: Prof. Karega
30
TOWARDS A Brighter future
17 AVERTING CONFLICT: County Autonomy versus Role of County Commissioners
2
Word from the Minister
3
Word from the PS
4
Bulletin Board
5
County Wrap-up
6
Dispeling myths on County Governance
8
Kenya’s momentous devolution
12
County Government Structure
14
Know your Counties
15
Black Gold in Turkana County
18
Konza City: Kenya’s silicon savannah
20
What are by-laws?
25
Resort city takes shape
26
Here & There
32
Fire fighting capacity enhanced
34
Forestry and Wildlife Resources
38
Niobium mining to transform Kwale County
39
Up & About
40
Saving the masses
42
Picture Speak
44
ONLINE EDITION: For the online edition of this magazine, with additional material and and opportunity to air your views, please visit:
PERSPECTIVE
By Dr. Obuya Bagaka
Editor’s Note
36
www.localgovernment.go.ke
THE REVENUE BOOSTERS
All correspondence should be addressed to Permanent Secretary, Ministry of Local Government. P.O. BOX 30004-00100, NAIROBI, KENYA. The COUNCILLOR admits no liability for unsolicited articles or pictures, which must be accompanied with a self-addressed, stamped envelope. Whilst every effort has been made to ensure the accuracy of information contained in this publication, the writers, editor and publisher accept no responsibility for any loss, financial or otherwise, sustained by any person using this publication. No part of this publication may be reproduced, stored in retrieval systems or transmitted in any form by any means, without prior written permission from the Ministry of Local Government. The
COUNCILLOR
1
EDITORIAL ADVISORY BOARD: Chair: Prof.Karega Mutahi, CBS Alternate Chair: Amb. PRO Owade Editor-in-Chief Josephine Mbeo Editor/Secretary: Joseph K. Mwangi jkamuto@localgovernment.go.ke joekamuto@gmail.com Other Members: P.K. Njagi John Waithaka Pauline Muriithia Ruth Kiiru Margaret Kamasara Liyai Shidzugane Christine Ndaka Jan Bosire Joyce Nyambura John Karimi Librarian: Beatrice Kabiru Contributors: Karega Mutahi Josephine Mbeo Joseph K. Mwangi Mutua P. Nzoka Jan Bosire Angeline Hongo Kenneth Nyaseda Mwangi Gakunga Joseph Kipkoech Maina Kigaga Kennedy Buhere Peter Kamau Peter Ndung’u Jane Gicharu Adan Bonaya George Karoki Ruth Saitonik Photography: Joseph K. Mwangi Jan Bosire Eric Bosire(KNA) Benedict Wasiche(KNA) Arnold Cheptumo(KNA) John Mogaka(KNA) Layout, Design and Editorial Consultants Efman Communications info@efmancommunications.com
The COUNCILLOR is a publication of the Ministry of Local Government. It is published quarterly by the Ministry of Local Government located on the 1st floor of Jogoo House ‘A’, Taifa Road, P.O.Box 30004-00100, Nairobi, Kenya. Tel: +254 (0)20-2217475 Fax: +254 (0)20-217869 Email: ps@localgovernment.go.ke headpr@localgovernment.go.ke Website: www.localgovernment.go.ke
2
T
Editor’s note
his edition of The Councillor is quite significant as it has been rolled out at a time when major milestones towards transition to a devolved system of Government in Kenya have already been achieved. The Ministry of Local Government has taken a lead role in facilitating drafting of the necessary policy and legislation which will ensure a smooth transition to county governments. This edition is therefore devoted to a number of topical issues that have a bearing on the implementation of devolution as enshrined in the new constitution. The Bills which have now been enacted into law, have accommodated key issues that will ensure successful implementation of devolved governance during the transition period and beyond. The Ministry has already prepared and tested civic education materials where 235 officers from various counties and 15 officers from the MoLG have been trained. A capacity building initiative on devolution has also trained 280 local government officers in Finance and Management. The Ministry is also putting in place measures to mitigate against the anticipated challenges of implementing devolution, which include and not limited to lack of capacity in the current local authorities, overlapping mandates for concurrent functions and inadequate understanding of devolution among the citizens and the current local authorities officers. Apart from sensitising the public, The Councillor is anticipating to get feedback from readers and other stakeholders to generate knowledge on devolution, a key pillar of the new constitution. The Councillor has also devoted a significant portion of editorial content to other areas of great relevance on the county governance. For instance, in this edition, we have highlighted on key achievement in the development of markets across the country. The Councillor has also addressed various social economic projects such as rehabilitation of street children, restoration of City Park and the Local Government Reform Programme. The next edition will publish brief profiles of the current ‘Captains’ at the Ministry and help readers understand their role and how they have contributed in achievement of the Ministry’s mandate. Future editions will also profile other staff members of the Ministry who have made remarkable achievements. As would be expected, the production of such a newsletter cannot be without its own challenges. We therefore encourage staff and general readers to give us feedback to help us improve subsequent editions. The editorial board has proposed to re-brand The Councillor to reflect the new concept of devolution. We therefore invite readers to suggest a name the publication should adopt to reflect this new reality. We wish you a happy read of this edition of The Councillor.
Joseph K.Mwangi Principal Information Officer MoLG
The
COUNCILLOR
From the MINISTER
Towards a DEVOLVED GOVERNMENT
T
he adoption and promulgation of the Constitution of Kenya 2010 (CoK 2010) has rightly been described as a revolutionary step in Kenya’s history. It has been observed by many, that if properly implemented, the new Constitution will lead to a radical transformation of our motherland and bring unprecedented fortunes. One of the key pillars of the anticipated transformation is devolution of political power, responsibilities and resources to the County level. However, devolution is the most complex and least understood aspects of the Constitution. It also permeates all spheres of our society and departments of government. Effective implementation of devolution will therefore require that it is fully and properly understood by all Kenyans, before action on its implementation is taken. If devolution is properly understood and implemented, the Kenyan society should be fundamentally transformed, thus, leading to positive changes that people expect from the Constitution. Following promulgation of the Constitution, my Ministry recognized the central role and complexity of devolution and has endeavored to provide informed policy and legislative frameworks for its implementation. The Sessional Paper on devolved government under the Constitution of Kenya 2010 lays the policy foundations and pillars for its implementation. It outlines the policy frameworks and provides the necessary legislations and administrative actions needed to implement devolved governments. The Sessional Paper comprehensively gives direction on the implementation process paying attention to cities and urban areas, effective public service delivery, development planning, county public finance management, citizen participation and strategic risk management. Arising from its recommendations, the following Acts and bills were prepared; The Urban Areas and Cities Act 2011, Intergovernmental Relations Act 2012, Transition To Devolved Government Act 2012. Others are the County Governments Bill 2012 and Public Finance Management Bill 2012- Jointly done with the Treasury. Pursuant to the implementation of Chapter 11 of the Constitution, through the facilitation of the Steering Committee and the Taskforce, the Ministry developed the policy paper and drafted the five critical legislations on devolution. It has facilitated the appointment of the Transition authority which has been sworn to office. The has also establishment an Inter-ministerial Committee on Devolution with membership drawn from the office of the Prime Minister, Of- fice of The State For Public Service, Ministry of Planning, National Development and Vision 2030, Kenya Law Reform Commission and the Attorney General. Materials for civic education have been developed, tested and found adequate for the purpose. Other significant milestone achieved includes discussion with Parliamentary Committee on Local Authorities where it has been agreed that the development of Standing Orders for County assemblies would be done by Parliament. The ministry has trained 235 local authority officers under TOT (Training of Trainers) for civic education in counties and 15 Ministry officials as part of the TOT training for devolution. Giving Financial and Management Training to 280 local government officers is part of our capacity building initiatives in preparation for devolution. Lack of capacities in the current local authorities is one of the major anticipated challenges in the implementation of devolution. Fears among local authority staff over their future in public service and inadequate understanding of devolution among many Kenyans and the officers in local authorities are also anticipated to pose serious challenges. Other challenges include resistance to change, issues arising from concurrent functions and the task of performing the huge amount of work that has to be done. Implementation of devolution, particularly during the initial phases of transition is a delicate process that needs to be handled with utmost care. There is need for collective and integrated approach by all sector ministries towards carrying out the various transition activities that have a bearing on devolution such as devolving the functions currently being performed by line ministries at the county level. Hon. Fred Gumo, EGH, MP Ag. Minister, Local Government
The
COUNCILLOR
3
From the PERMANENT SECRETARY
Service delivery should continue
UNINTERRUPTED
T As the restructuring to entrench county governments is going on, service delivery must continue without interruption. Line ministries, departments and other service delivery institutions will remain in place until new institutions take over.
here have been a growing number of debates in the recent months on devolution and deployment of staff to counties before the next general elections. We have seen rising expressions of fear that deployment of staff at this stage may have negative effects on the functioning of incoming county governments. The Transition to Devolved Government Act 2012 provides for the legal and institutional framework for coordinated transition from the centralized system of government to the new system of devolved government while ensuring continued delivery of services to citizens. The current local authorities are responsible for sustained service delivery in their areas of jurisdiction. Our water supply companies need to ensure that even to the day we vote, water is flowing in taps. The current arrangement system is supposed to be restructured to take into account the impending transition to the devolved system of government. As the restructuring to entrench county governments is going on, service delivery must continue without interruption. Line ministries, departments and other service delivery institutions will remain in place until new institutions take over. They will develop structures for service delivery including deployment of staff to all levels in the county. Within one county there may be different local authorities, each having assets, liabilities and records that need to be coordinated and preserved for eventual hand over to the county government. In the counties we have staff from line ministries who will need to be retained for continuous service delivery until the County Public Service Boards are put in place. We also need to identify and empower senior officers who will brief the Governors on the key issues of the county, once they come into office. This will give the Governors ample opportunities to assess their requirements and recruit their own human resources as stipulated in the Constitution. At the top of our minds should be the systems we put in place to ensure effective county governments. We need to undertake preparations for the Transition Authority, established by law. Failure to act now will mean that the Transition Authority will face difficulties in fulfilling its mandates which are critical. The Authority will need to establish an inventory of assets and liabilities, staff and on-going programmes among others. Finally, in our view, every Kenyan has an interest in ensuring that our government delivers the promises of the Constitution of Kenya 2010. It would be improper if we undermined the very foundations of strong county governments. In our efforts to devolve, we ought to remember that our national government has functions that require it to have its structures down to the village level. In accordance with the Constitution of Kenya 2010 the national government is entitled to deploy officers to all levels to ensure access to its services. The County Governments Bill ensures that the any national government officer deployed does not interfere with the operations of a County Government. Let us not fear that national government officers will interfere with the functions of County Governments. Prof. Karega Mutahi, CBS PS, Local Government
4
The
COUNCILLOR
BULLETIN BOARD
Have your say Dear readers, In view of the anticip ated new system of governance in Kenya, we seek your views on the new nam e the Ministry should adopt in the next edition of the official newsletter for the period JULY -SEPTEMBER to refl ect the devolved system of governanc e. The editors welcome brief letters on top ical issues. Write to: The Councillor, P.O . Box 30004-00100, Nairobi, Kenya or send an e-mail to: he adpr@localgovernm ent.go.ke You can also send you r choice of new nam e for the rebranded magazine to the same addresses pro vided. Letters may be edite d for clarity, space or legal considerations. Editor
“The Councillor will endeavor to bring you the most comprehensive news on Devolution and on investment opportunities and hidden treasures in the counties.”
EU pledges 1.8 million Euros The Ministry of Justice, National Cohesion and Constitutional Affairs and the Ministry of Local Government will each receive 900,000 Euros in the next 3 years. This funding will be given through the 10th European Development Fund (EDF) primarily to support governance institutions and access to justice and local governance. The overall responsibility of the programme lies with the National Authorizing Officer (NAO) of the European Development Fund (EDF). However, NAO has delegated implementation and supervisory responsibilities to the two ministries. The key activities will be to support Devolved Government Secretariat that will oversee the actualization of the devolved governance in the counties. The funds will also be used in civic education to educate the citizens and county governments on the implementation of the devolved government. The other portion will be used for capacity building in selected counties and municipalities deemed to be cities and urban areas under the new devolved structure.
TO ADVERTISE PLEASE CALL: 0713 108840, 0770 184785 or 0735 698989
KLGRP to transform local economies
The Ministry of Local Government will play a key role in the implementation of Vision 2030 at the local level, through the local authorities. Kenya Local Government Reform Programme (KLGRP) provides the foundation of transforming local authorities into democratic and responsive institutions that deliver quality and affordable services to Kenyans. The
COUNCILLOR
The programme was introduced in 1996 to coordinate the initiation and implementation of reforms in the Local Government sector. It is part of the Ministry of Local Government and is led by a Programme Coordinator who reports directly to the Permanent Secretary. The ministry has developed a Kenya Local Government Sector Reform Strategy to guide the transformation of
Local Authorities and create an enabling environment for sustained private sector growth which is critical for the realization of Kenya’s Vision 2030. The KLGRP has focused on implementing the Medium Term Plan and Vision 2030 using a sector wide approach that directs all activities to the achievement of national objectives, according to Mrs Angeline Hongo, KLGRP programme coordinator. This is done through policy development, legal reform, capacity development in local authorities and roll out of Local Authorities Intergrated Financial Operation Management Systems (LAIFOMS). Other areas include institutional restructuring and strengthening, improved community participation, implementation of LATF
Strategic Plan, implementation of Results Based Management and local economic and social development. The Vision 2030 economic development pillar outlines the plans and strategies for investment climate reforms in the local authorities. “This should lead to reformed and strengthened institutions able to deliver effective and efficient services to the private sector to ensure a vibrant and sustained local economic growth,” Mrs Hongo said. While initiatives aimed at enhancing the local investment climate are needed to address disparities for private sector development, local investment climate is determined by regulatory framework, enforcement and quality of financial and physical infrastructure, she added.
5
County Wrap-up
Highlights from around the counties >
In Figures 100 million The amount of money the government has set aside for financing national program for street families in the 2011/2012 financial year
300,000
The number of families that will benefit from the Government’s Street Families Rehabilitation Trust Fund in the next five years.
4 billion
NYERI: Relief as new market opens Nyeri town is trading in a brand new non-food retail market, thanks to an ongoing slum upgrade project. The new market sandwiched between the old market and the Dedan Kimathi Memorial Stadium was constructed at a cost of Ksh 226 million and accommodates 500 traders in sheltered stalls. Products sold range from new to second- hand clothes, shoes and electronics. The market was built in partnership between the Ministry of Housing, Ministry of Local Government and Nyeri Municipal Council. Nyeri town Mayor, Cllr. Edward Muteru, says the market will revolutionize business for town traders, as they will no longer
be vulnerable to effects of weather and insecurity since each trader will have a lockable cabinet with a steel door. All traders cannot be accommodated in the market but every effort to improve trade is appreciated. “The market is among the flagship projects to promote a trading culture nationally and strengthen informal sector by creating the right environment for trading. The market is designed for all including the disabled. More markets like these are required bearing in mind our population growth”, said the former Local Government Minister during a visit to the market.
infrastructure and unemployment. Presiding over the inauguration, the former Minister for Local Government Hon. Musalia Mudavadi said Kisumu was experiencing the highest average urban poverty level at 48 per cent against national average of 29 per cent. He said the project was a milestone to the city’s development. Mudavadi said that the project would cover five components: capacity building and structure planning, solid waste material management, improvement of infrastructure, construction of commercial facilities and financial management and slums upgrading. Mudavadi further said that the city has been identified as a Special Economic Zone where the Government would develop the dry port in Kisumu to supplement the Mombasa Port and serve the hinterlands of the
various government, donor and local stakeholders’ efforts whose goal is a better city, well planned and managed to achieve the millennium Development Goals,” he said. The Kisumu Urban Project is a fouryear pilot project, an innovation both for Kenya and French Agency for Development that will run to 2016. Estates such as Nyalenda, Kaloleni, Bandani and Obunga would benefit through improved sanitation, access roads and water services. The French Ambassador to Kenya Ettienne De Poncins said everything should be done as stipulated and work completed in time for it to start benefiting residents. The project was signed two years ago and it’s expected to be complete as soon as possible.
The amount of money to be used in Kisumu City’s Urban Project that seeks to combat KISUMU: Ksh. 4 billion urban project launched urban sprawl, inadequate East African region and the entire Kisumu City has launched a Ksh. urban infrastructure and 4 billion Urban Project to combat Great Lakes Region. “The Kisumu Urban project is a culmination of urban sprawl, inadequate urban unemployment.
35,000 The number of job opportunities that will be created once the Karatina market hub upgrading project is completed. The project aims at enhancing product quality and reduce losses by establishing cold storage and adopting closed design market model to protect traders from adverse weather.
6
The
COUNCILLOR
Government to protect Ksh. 300 billion wealth
KITUI: New factory to boost honey production A Ksh.20 million honey refining factory will be built in Kitui County to tap the huge potential in the region. The plant whose construction was expected to start in June, will serve bee farmers across the Ukambani region. The plant will cater for increasing honey production in the region and the region’s high quality honey will favourably compete in the international market. 5000 tree species which attract bees, have been planted adjacent to the proposed factory site and local farmers should take up bee keeping as a full time venture because unlike
maize farming it is not affected by erratic rains. Bee keeping is a commercial venture if taken seriously. There is need to diversify farming methods in Ukambani because the conventional farming has failed due to unreliable rains. Farmers should take advantage of the factory to boost bee keeping. There is an introduction of a wide range of rare indigenous trees with great value for domestication. Species such as Aloe Vera, Melia Volkensii locally known as Mukau and East African sandalwood are some of the indigenous trees earmarked for domestication.
KISII: Goat project receives Ksh. 63 million A dairy goat project operating in nine counties has received a grant of Ksh. 63 million from Rome–based International Fund for Agricultural Development (IFAD). The Smallholder Dairy Commercialization Programme (SDCP) has seen members benefiting from the project rise from 2,924 farmers in 2007 to nearly 4,000 last year. The programme has helped small-scale dairy farmers in the region increase milk production and improve animal husbandry. The counties that will benefit from this grant are Kakamega, Bungoma, Kisii, Nyamira, Nakuru, Trans Nzoia, Uasin Gishu and Bomet. Last year farmers sold more than 79 million litres of milk which earned them
The
COUNCILLOR
Ksh. 2.1 billion, while the number of farmers registering their animals increased to 3,276. IFAD has granted the government a loan of Ksh.1.3 billion to improve on the dairy sector in the counties.
KISUMU: The Ksh. 300 billion wealth and assets of local authorities will be protected ahead of the transition from central to county governments. According to the Local Government Ministry, helping to protect the wealth and assets would be guaranteed through the proposed Transition Authority Bill. In accordance with the Bill, the government has declared a moratorium on the transfer of any local authority assets such as land unless there is evidence that the transfer is for public utility. The intension is to cushion such public amenities from looting normally rampant during transition periods, said former Local Government Minister Musalia Mudavadi during the Annual General Meeting of the Local Authorities Provident Fund, Lapfund. He was addressing local authority leaders from all parts of the country at Kisumu’s Tom Mboya Labour College. The former minister also cautioned mayors and chairpersons of municipalities to avoid carrying over debts to counties, saying the debts would bog down these governments in permanent debt payments at the expense of expenditure and service provision. The Deputy Prime Minister lauded the strides made by Lapfund in securing the pensions of local authority employees. He said that the beginning was to stabilize and secure the pension schemes in place today and as we transit to a new dispensation, they must work tirelessly to make sure that all debts owed to pension schemes are paid. The former Local Government Minister pointed out that like it happened in the Western world, pension schemes have enormous powers to stabilize and destabilize national economies and so should be handled with care. “We have seen this happen in Europe where misallocations in pension schemes have brought economies to a near meltdown,” he cautioned.
7
Dispelling myths on
COUNTY GOVERNANCE It is becoming increasingly clear that as Kenyans, our thoughts and deeds are still being moulded by non-factual information propagated by an equally uninformed few. It is time the County Commissioner vs. Governor Debate was put to bed by facts. FACT The Constitution, in the Sixth Schedule, Part 4 Section 17 requires that, “Within five (5) years after the effective date, the national government shall restructure the system of administration commonly known as the provincial administration to accord with and respect the system of devolved government established under this Constitution”. As the provincial administration is seen as an extension of central government, the Sessional Paper recommends that the process of restructuring enhances cooperative and consultative processes between the national and county governments. HOWEVER, NO NATIONAL GOVERNMENT OFFICER SHOULD HAVE MANDATE OVER OR INTERFERE WITH FUNCTIONS OF A COUNTY GOVERNMENT.
Bomet
Tharaka Nithi FACT The governance of the counties has been bestowed in the County Executive Committees and County Assemblies. COUNTY GOVERNMENTS ARE ACCOUNTABLE TO THEIR PEOPLE EITHER DIRECTLY OR THROUGH THEIR DEMOCRATICALLY ELECTED LEADERS. The Constitution assigns the policy and executive leadership of the county to the GOVERNOR,
Vihiga 8
who is elected for a maximum of two (2) terms. The Deputy Governor will be elected together with the Governor as a running mate on a single ticket and will act as Governor in the absence of the Governor. THE GOVERNOR AND DEPUTY GOVERNOR ARE DESIGNATED, BY THE CONSTITUTION, AS THE CHIEF EXECUTIVE AND DEPUTY CHIEF EXECUTIVE OF THE COUNTY. FACT A County executive committee is the cabinet of the county and assists the Governor in the administration of the county. It will consist of the Governor, the Deputy Governor and the other members appointed by the Governor with the approval of the county assembly. Such members should not exceed one-third of the number of members of the county assembly in that particular county, where the county has less than thirty (30) members. Where the county assembly has thirty or more members, the appointed members of the executive committee shall not exceed ten (10). This means that the maximum size of each county executive is 12 people; Governor, Deputy Governor plus a maximum of ten (10) members. THE COUNTY GOVERNMENTS BILL REQUIRES EACH GOVERNOR TO APPOINT A COUNTY SECRETARY WHO WILL BE THE
Nandi
Kiambu
SECRETARY TO THE COUNTY EXECUTIVE COMMITTEE AND HEAD OF COUNTY PUBLIC SERVICE, WITH THE APPROVAL OF THE COUNTY ASSEMBLY. FACT The County Government will have three (3) arms; the County Assembly, County Executive, and the County Public Service Board (CPSCB) The County Executive will appoint the CPSB subject to the approval of the County Assembly. The County Assembly shall pass laws which will be implemented by the Executive. THE ASSEMBLY, DEMOCRATICALLY ELECTED, WILL THEREFORE PLAY AN OVERSIGHT ROLE ON THE EXECUTIVE TO ENSURE PERFORMANCE. Finally, to avoid distortions, we strongly recommend that Kenyans read Chapter 11 of the Constitution together with the 4th Schedule to understand the functional distribution between National and County Government.
Narok
PLEASE ALSO READ THE COUNTY GOVERNMENTS BILL, WHICH CLEARLY SPELLS OUT THE STRUCTURE OF THE COUNTY GOVERNMENTS WITH NO INTERFERENCE FROM NATIONAL GOVERNMENT OFFICIALS.
Kitui The
COUNCILLOR
Kericho
Tana River
Kilifi Wajir Migori Kajiado Murang’a Makueni Garissa Kisii Nyandarua Siaya Mandera Kirinyaga Taita Taveta Nakuru Embu Nyeri Isiolo
Machakos
Homa Bay
Kakamega
Kwale
West Pokot
DEVOLUTION
Mombasa Uasin Gishu Busia Marsabit Nyamira Trans Nzoia Lamu Meru Turkana The President will Kisumu head the state and the government. He will exercise the executive authority of the Republic but most important, he will be Baringo accountable to the people and the National Assembly. Bung’oma Elgeyo/Marakwet
How it will work in Kenya Samburu The
COUNCILLOR
Laikipia Nairobi
9
C O V E R
S T O R Y
DEVOLUTION: Tea picking on a plantation in Kericho county (right). Young Turkana girls from Turkana county (far right).Under the new devolved system the overall responsibility for the government of each county has been vested in a county government, which will consist of a county assembly and a county executive.
O
ne of cardinal features of the Constitution of Kenya enacted in August 2010 is devolution. The Constitution of Kenya Review Commission (CKRC) in its report accompanying the Draft Bill captured the concept of devolution well. Devolution of powers, it defined, is “a practice in which the authority to make decisions in some sphere of public policy is delegated, by law to sub-national territorial assemblies.”
Article 174 of the Constitution of Kenya outlines key objectives of devolution as promotion of democratic and accountable exercise of power and fostering national unity. Other objectives of devolution are giving people powers of selfgovernance, recognizing the right of people to manage their affairs and protection and promotion of the interests and rights of minorities and marginalised communities. Most importantly, devolution will ensure equitable sharing of national and local resources and enhance principal of checks and balances. The permanent secretary in the ministry of local government Prof. Karega Mutahi says devolution will significantly impact on the lives of Kenyans if well understood. “If the new constitution in general and devolution in particular are well understood and implemented, the Kenyan society should be fundamentally transformed leading to positive change in the lives of the people,” the PS said in a recent presentation. Article 6 of the new constitution
10
divides the territory of Kenya into 47 counties and specifies that the national and county governments are distinct and inter-dependent. The two levels shall conduct their mutual relations on the basis of consultation and cooperation. This principle also guides other agencies that are responsible for the implementation of devolved government, such as the Commission on Revenue Allocation (CRA). The President will head the state and the government. He will exercise the executive authority of the Republic with the assistance of Deputy President and Cabinet Secretaries. In exercising this authority, he will be accountable to the people and the National Assembly. The functions and powers of the county governments are discussed in part 3 of Chapter 11 on Devolved Government. A County Government will pass county legislation, exercise executive functions at county level and establish and staff its public service. In discharging these functions, the
County Governments Bill proposes that a county government enter into contracts to acquire, purchase, or lease any land in the county or outside the county, delegate any of its functions to its officers, decentralized units or other entities within the county, or enter into partnerships with any public or private organisations. In the Fourth Schedule, the Constitution has assigned some functions exclusively either to county or national governments but some functions are of concurrent jurisdiction. For instance, the national government has exclusive authority and powers over foreign affairs, foreign policy and international trade. County governments have exclusive authority and powers over pre-primary education, village polytechnics, homecraft centres and childcare facilities. There are institutions that will be shared by both levels of government. For instance, Defense Forces are an example of a shared institution. Irrespective of where the soldiers and equipment are stationed, they exist for the service of the entire nation. National referral hospitals also belong to this category since they will serve patients from the entire country. The Bicameral (or twochamber) Parliament will also be a shared institution. All these institutions will have national offices and may decentralize their services to the counties, as appropriate, but will remain shared institutions. Each of the 47 counties is supposed to have its own government that is distinct as may be determined by the The
COUNCILLOR
local conditions. The overall responsibility for the government of each county has been vested in a county government, which will consist of a county assembly and a county executive. The counties are required to devolve further as appropriate. The Ministry of Local Government in a Sessional Paper on Devolved Government in Kenya has proposed further devolution at sub-county. Article 184 of the constitution requires national legislation to provide for the governance and management of urban areas and cities. To give effect to that requirement, Parliament passed The Urban Areas and Cities Act (No. 13 of 2011), which provides for the classification, governance and management of urban areas and cities. The other issue of devolution that has not been demystified is the provincial administration which is seen as the extension of Central government. The Constitution, in the Sixth Schedule, Part 4, and Section 17 requires that, “within five years after the effective date, the national government shall restructure the system of administration commonly known as the provincial administration to accord with and respect the system of devolved government established under this Constitution�. The
COUNCILLOR
County Governance A County executive committee is the cabinet of the county and will assist the Governor in the administration of the county. It will consist of the Governor, the Deputy Governor and other members appointed by the
Governor with the approval of the county assembly. The proposed County Governments Bill requires each governor to appoint a county secretary who will be the secretary to the county executive committee and head of County Public Service with the approval of the county assembly.
The Constitution assigns the policy and executive leadership of the county to the Governor and deputy governor who will be elected as the running mate by county voters for a maximum of two terms. Each county assembly shall consist of members elected by registered voters of the wards, each ward constituting a single member constituency. Elections will be on the same day as the general election of members of Parliament and the composition of the county assembly will consider gender, disability and youth representation. The Speaker will be an ex-officio member of the house. County governments will come into existence after the first general elections under the new Constitution scheduled for March next year. The transition to Devolved Government Act (No. 1 of 2012) provides the legal framework for this process, while the Sessional Paper provides the policy framework on how the transition will be managed. To ensure continuity of service delivery, County Governments Bill provides that officers currently deployed in local authorities and that in central government, whose functions have been transferred to the county level of government, will be deemed to have been seconded to county governments.
11
C O V E R
S T O R Y
Redeployments and new recruitments will be determined in the context of negotiations that are expected between the county governments and the national government following the formation of the county governments and County Public Service Boards. To facilitate smooth operations and interactions, the governments may set up joint committees and other authorities. This provision applies vertically (between the national and county governments) as well as horizontally (between different county governments). The Inter-governmental Relations Act has established key institution to harness the relations of county governments and the central authority. These are the National and County Governments’ Co-ordinating Summit (The Summit), Intergovernmental Relations Technical Committee, Intergovernmental Relations Secretariat and Council of County Governors. Finance The Constitution assigns national
and county governments powers for revenue-raising, some exclusive and other concurrent. As a result of the provisions in the Constitution, only the national government may impose income tax, value-added tax, customs duties and other duties on import and export goods, excise tax and any other tax or duty allowed by an Act of Parliament. According to Article 209(3), a county government may impose property rates, entertainment taxes and any other tax that it is authorized to impose by an Act of Parliament. The Constitution provides, in Article 209 (5) that “taxation and other revenue –raising powers of a county shall not be exercised in a way that prejudices national economic policies, economic activities across county boundaries or the national mobility of goods, services capital or labour”. Both the national and county governments may borrow, but county governments can only borrow with the approval of the county assembly and if the national government guaran-
tees the loans. Both the national and county governments are allowed to charge fees for the services they provide as an additional revenue system and national government will provide 15 per cent of the county budgetary needs. Once revenue is raised by the national government, the Constitution provides for the mechanisms on how the money will be allocated prior to expenditure. For this purpose, the CRA has been established to make recommendations concerning the basis for the equitable sharing of revenue raised by the national government between the national and county governments and among the county governments. Legislation To establish the necessary structures for devolution, the government through the Deputy Prime Minister Musalia Mudavadi initiated measures to provide an informed policy and legislative framework. These measures were the appointment of a Task force composed of all key stakehold-
Kenya’s Momentous Devolution The implementation of the constitutional blueprint for a new political and administrative architecture coincides with the tremendous growth of the country’s economy witnessed over the past ten years.
K
enya’s new Constitution marks a critical turning point for the nation. On August 27th 2010, Kenyans witnessed President Mwai Kibaki sign the new Constitution into law. This historic event was one of Kenya’s greatest moments. In response to the people’s expectations of greater democracy, human rights and accountability of the government to its citizens, the Constitution ushered in a new republic with expanded, transparent political and economic structures, including devolution to forty-seven counties. The new system builds on over sixty years’ experience with local government, a brief flirtation with federalism at independence, and a decade of failed attempts at constitutional reform. The design of the system of devolved government must be understood against the backdrop of this complicated history, which will also fundamentally shape the way it is implemented. The new Constitution marks the end of a highly centralized state and attempts to resolve the critical issues of state power versus citizens’ rights and control over the development process.The new Constitution also establishes a powerful framework for democratic reforms,
devolution of state power, land reforms, gender equality and human rights. Progress to date on implementing constitutional reforms has seen the appointment of independent office holders, including the Chief Justice, Attorney General, Auditor-General and Budget Controller, and three important constitutional bodies, the Commission on Implementation of the Constitution (CIC), the Commission on Revenue Allocation (CRA), and the Independent Electoral and Boundaries Commission. Devolution of political and economic power to the new counties will take effect after the next elections. The new county governments feature full separation of powers between the Governor and County Assembly members, and a nonelected executive appointed by the Governor with the approval of the Assembly. They will enjoy a guaranteed share of national revenues, comprehensive law-making powers, a limited range of exclusive taxing powers, and control over their own public servants. These dimensions of devolution offer the potential for real and meaningful control by local citizens over service delivery and local economic development. Devolution is a central promise of Kenya’s new
Constitution. But the ambition and magnitude of the administrative and political changes, and the formidable expectations about what it will deliver, mean that making it work will pose substantial challenges. The hope is that Kenya will become a more equal and economically balanced country, but making that hope a reality will take time, particularly given the current economic uncertainty. The downside risks—of service delivery failure and political backlash—are very realif devolution is not skilfully managed and seen to deliver tangible results. Successful implementation will require careful coordination and planning, clear communication, as well as visionary and committed leadership. To manage decentralization successfully, Kenya must ensure a fair distribution of national resources commensurate with county needs and capacity and balancing national interests; devise a simple and transparent transfer that promotes spatial redistribution without compromising growth and efficiency; build capacity in counties; get accountability; and ensure the transition does not interrupt service delivery.
Excerpt from the Kenya Economic Update - Navigating the storm,Delivering the promise, December 2011
12
The
COUNCILLOR
ers to carry out this important assignment. In the process of carrying out its work, the Taskforce analyzed and reviewed the available literature particularly the Constitution of Kenya 2010 (CoK 2010) and reviewed experiences from elsewhere to appreciate the complexities of devolution and its implementation process. Once the above was undertaken the Task force drafted six bills which were, The Devolved Governments Bill 2011, The Intergovernmental Relations Bill 2011, County Government Financial Management Bill 2011, Urban areas and Cities Bill 2011, Transition to Devolved Governments Bill 2011 and Intergovernmental Fiscal Relations Bill 2011. These were submitted to the A.G. and other relevant institutions for consideration and processing. The Urban Areas and Cities Bill was enacted into law within the stipulated 12 months after promulgation. Devolved Government Bill 2011 was renamed the County Governments Bill 2011 and has received Cabinet approval for publication and transmission to Parliament. The provisions of County Governments Financial Management Bill and the Intergovernmental Fiscal Relation Bills were incorporated into the broader Public Finance Management Bill 2011. Both the Transition to Devolved Governments Bill 2011 and the Intergovernmental Relations Bill are ready and pending submission to Cabinet and to Parliament. In addition, a Taskforce prepared a draft Sessional Paper on devolved government under the CoK 2010. This Sessional Paper has already been approved by the Cabinet for publication and transmission to Parliament. “The adoption and promulgation of a new Constitution has been described as a revolutionary step in the history of our country,” Prof Mutahi said in his presentation. He added: “It has been observed by many that if properly implemented, the new constitution should lead to a complete change of Kenya’s governance system.”
The
COUNCILLOR
CRA: How County Cash will be Shared Out
Allocation of revenue among the country’s 47 counties is one of the key pillars of the devolved system of government. By Maina Kigaga
T
he Revenue Allocation Commission has released a formula for the allocation of revenue to counties under the devolved system of government. The sharing of the money among the 47 counties will be based on population, poverty index, land area, fiscal responsibility, and an equal share to facilitate administrative costs pending approval from Parliament. According to the proposal, county governments will receive an allocation of Ksh. 203 billion while Ksh. 407 billion will be given to the national government. The money for counties will however be released to the counties in the 2012/2013 Financial Year after the election of governors. According to the estimates announced by CRA Chairman Mr. Micah Cheserem, the total revenue expected to be collected by the government in 2012/2013 is Ksh. 800 billion. Director for Research at CRA Mr. Moses Sichei explained that the formula, which can be amended after three years, is aimed at ensuring equity in resource distribution and sealing the disparities witnessed in allocations. Top beneficiaries in the allocations include Nairobi Ksh. 11.7 billion, Na-
kuru Ksh. 6.9billion, Kiambu Ksh. 6.5 billion, Kakamega Ksh. 7.3 billion, Bungoma Ksh. 7.2 billion, Turkana Ksh. 5.7 billion, Kisii Ksh. 5.5 billion, Kisumu Ksh. 4.6 billion, Kilifi and Kisii Ksh. 5.5 billion each, Wajir Ksh. 4.7 billion and Uasin Gishu Ksh. 4.3 billion. Lamu, which is the smallest of the 47 counties in the country, will receive Ksh. 1.4 billion. At the tail end of the disbursements are Isiolo Ksh. 1.9 billion, Samburu Ksh. 2.2 billion, TaitaTaveta and Tharaka Nithi Ksh. 2.3 billion each while Elgeyo Marakwet has been allocated Ksh. 2.4 billion, Laikipia and Tana River Ksh. 2.6 billion each. According to the formula, 60 percent of the allocations will be based on population size, 20 percent on basic equal share, 12 percent on poverty level rate, 6 percent on the size of land and 2 percent on fiscal responsibility exercised by the county. The remaining 20 per cent will be shared equally among the 47 counties. Parliament will have to approve two funding Bills, the Division of Revenue Bill which deals with sharing of revenues between the national and county governments and the County Allocation of Revenue Bill which relates to the sharing of revenue among the counties, at least two months before the end of each financial year.
13
C O V E R
S T O R Y
COUNTY GOVERNMENT STRUCTURE GOVERNOR
DEPUTY GOVERNOR
EXECUTIVE COMM. MEMBERS
COUNTY CIVIL SERVANTS
EXECUTIVE COMM. MEMBERS
COUNTY CIVIL SERVANTS
TRANSITION AUTHORITY TEAM SWORN IN Members of the County Transition Authority were sworn in on July 3 after President Mwai Kibaki and Prime Minister Raila Odinga named the team and appointed Mr. Kinuthia Wamwangi to chair the Authority that comprises eight other members. The members include Angeline Awino Hongo, Safia Abdi, Mary Mwongeli Ndeto, Jacqueline Akhalemesi Mogeni, Erastus Rweria, Simeon Pkatey, Bakari Garise Omar and Abdi Maalim. Others are acting head of civil service Francis Kimemia, Local Government PS Karega Mutahi, Planning PS Edward Sambili and acting Justice PS Gichira Kibara. The team will be responsible for ensuring that the current Head of State hands over smoothly to the next government as well as facilitate and co-ordinate the transition to the devolved government. The authority is also charged with preparing and validating an inventory of all existing assets and liabilities of government, other public entities and local authorities. It will provide mechanisms of transfer of assets, which may include vetting the process during the transitional period. The team will present its reports to the President, the Parliament, Commission on Implementation of the Constitution and Commission on Revenue Allocation. During the swearing-in at the Supreme Court, Chief Justice Dr. Willy Mutunga who presided over the ceremony reminded the team of their crucial role in charting the country’s new constitutional dispensation.
14
ABOVE: County Transition Authority chairman Mr Kinuthia Wamwangi during the team’s swearing-in ceremony at the Supreme Court. BELOW: Mrs Angeline Hongo (right), a member of the County Transition Authority looks on as Chief Justice Dr Willy Mutunga signs her papers during the swearing-in ceremony at the Supreme Court.
The
COUNCILLOR
Know your 9
23 10
24 26 28 39 40 41
42 43
44
31 32
35
46
45
11
30
29
38
8
25
27
37
MINISTRY DEPLOYS HR STAFF TO COUNTIES
36
33
47
18
12
19 20 14 21 22 16 34
13 7 15 4
17
Do you know that... Turkana is the largest county in terms of SIZE, covering about 77,000 km2, while Mombasa is the smallest. In terms of POPULATION, Nairobi is the largest while Lamu is the smallest.
5
3
6 2
1
The Ministry of State for Public Service has deployed 333 Human Resource Management Officers to the newly created Counties. The deployment of the officers is aimed at providing initial support and capacity to Counties, the Permanent Secretary Mr. Titus M. Ndambuki says in a circular to the Permanent Secretaries. Mr. Ndambuki asked the permanent Secretaries/ Authorizing officers to release the affected officers who should have reported to their new stations by October 2011. The officers will be charged with the management of human resource issues in the 47 Counties, upon the operationalization of County Civil Service and its administration. This is the first time the government has employed full-fledged human resource professionals to the fields courtesy of the new Constitution that obligates the Government to devolve not only financial and material resource to the County Government, but also acceptability senior Government officers to take charge of the increased responsibilities at the “grass root levels”
COUNTY LIST 1. Mombasa 2. Kwale 3. Kilifi 4. Tana River 5. Lamu 6. Taita Taveta 7. Garissa 8. Wajir 9. Mandera 10. Marsabit 11. Isiolo
The
COUNCILLOR
12. Meru 13. Tharaka Nithi 14. Embu 15. Kitui 16. Machakos 17. Makueni 18. Nyandarua 19. Nyeri 20. Kirinyaga 21. Murang’a 22. Kiambu
23. Turkana 24. West Pokot 25. Samburu 26. Trans Nzoia 27. Uasin Gishu 28. Elgeyo/Marakwet 29. Nandi 30. Baringo 31. Laikipia 32. Nakuru 33. Narok
34. Kajiado 35. Kericho 36. Bomet 37. Kakamega 38. Vihiga 39. Bung’oma 40. Busia 41. Siaya 42. Kisumu 43. Homa Bay 44. Migori
45. Kisii 46. Nyamira 47. Nairobi City
15
COUNTY COMMISSIONERS Appointments essential: Prof. Karega
T
he ongoing debate on the recent appointment of 47 County commissioners by the president is anchored in the principal law of the land, Prof. Karega Mutahi, the permanent secretary in the Ministry of Local Government says. The Constitution, in the Sixth Schedule, Part 4 Section 17 requires that, “Within five (5) years after the effective date, the national government shall restructure the system of administration commonly known as the provincial administration to accord with and respect the system
of devolved government established under this Constitution”. In the meantime, service delivery must be sustained in an uninterupted manner. This is why the County Commissioners are needed. The law provides that no national government officer should have any mandate over or interfere with the functions of a county government. The provincial administration is seen as an extension of central government according to Prof. Mutahi. However, the Sessional Paper on devolution recommends a restructuring that enhances cooperation and consultation between the county and national governments. “The governance of the counties has been bestowed in the County Executive Committees and County Assemblies,” says the PS, adding that county governments are accountable to their people either directly or through their democratically elected leaders. The governor and his deputy, to be elected together by county voters, are designated by the Constitution as the
chief executive officers of the county. The governor will be assisted in his administration by a county executive committee, the county cabinet that will draw its members from professionals approved by the county assembly. “The County Government Bill requires each governor to appoint a County Secretary who will be the secretary to the county executive committee and the head of county public service, within the approval of the county assembly,” Prof Karega said. The County Government will have three (3) arms; the County Assembly, County Executive, and the County Public Service Board (CPSCB). The County Executive will appoint the CPSB subject to the approval of the County Assembly. The County Assembly shall pass laws which will be implemented by the Executive. The democratically elected assembly, according to Prof Karega, will play an oversight role on the executive to ensure performance.
“Within five years after the effective date, the national government shall restructure the system of administration commonly known as the provincial administration to accord with and respect the system of devolved government established under this Constitution.”
Sixth Schedule, Part 4, Section 17, The Constitution of Kenya (2010)
16
The
COUNCILLOR
PERSPECTIVE
AVERTING CONFLICT: County Autonomy versus Role of County Commissioners By Dr. Obuya Bagaka
T
he recent incident in Mombasa where the Coast Provincial commissioner was heckled by a rowdy mob chanting “governor, governor” is worrisome and a pointer of the eminent chaos as we transit to a devolved system of governance. Given the imminent appointment of county commissioners, the Mombasa incident must not be seen as an isolated episode but rather a manifestation of the hatred often directed at provincial administrators simply because they execute government policy. The creation of county government has been deliberately misconstrued to imply that the role of central government administrators will be irrelevant at the local level. This is contrary to Article 186 of the Constitution. Beyond condemning the incident at the coast, as a country we need to have a serious debate on the modus operandi of the two offices that will be in place after next year’s general election. There is general consensus across the country that central government administrators are needed at the local level to perform the central government’s mandate. It is a fact also that the constitution has created powerful county governments under the leadership of governors. This power architecture obviously relegates the role of provincial administrators to the back stage but does not obliterate them. Despite the governor being very powerful, the symbols to wield and project power at the county level are at the moment in the hands of the central government. For instance, although we have an idea where the proposed county commissioners will reside and operate from, we have no clue where the governor will reside and operate from. Suggestions have been made that the The
COUNCILLOR
governors should occupy offices and residencies of current municipal governments. This thought is not in tandem and commensurate with the office we have created. Students of power know that symbols of power are important in defining a role of the county executive. An obvious question that emerges from this conundrum is; how can a governor who is answerable to the entire county electorate reside and operate from a less prestigious premise than a central government bureaucrat? Stretching this question further evokes another question regarding county autonomy verses the role of county commissioners. Answers to these questions require sober thinking to avert potential conflicts as happened in Mombasa. Autonomy refers to a condition of independence sufficient to permit a group to work out and maintain a distinctive identity. To have monopoly over a jurisdiction means more autonomy. This translates to having fewer or no bureaucratic rivals and minimum political constraints imposed by others. Struggles over autonomy are especially visible when the organizations involved in an issue have similar tasks. Unlike the market, coordination of government functions does not occur through an invisible hand but require real human actors. Governors and county commissioners will be in-charge of coordinating the execution of county and central governments’ functions respectively. The debate as to whether there is need for county commissioners at the local level is an emotive one occasionally for justifiable reasons but often for misguided and unexamined judgments. For unknown reasons, the central government has been painted as imperialis-
tic whose drive is to have more for the sake of more ostensibly to cripple county governments. This is a vast oversimplification and superficial understanding of the matter. To the contrary, government bureaucracies are often prepared to trade more responsibilities for greater control than have more responsibilities with less control. This is because of the high priority they attach to autonomy or turf. Fighting for autonomy is a key feature of any organization. Autonomy is never maintained by having more responsibilities that are often the subject of local politics. Bigger is not always better. It follows therefore that the central government will not want to reduce its autonomy by having more authority over many superfluous local functions. If anything, the central government will want to enhance its autonomy over its constitutionally prescribed functions by reducing its authority over local matters. Any wise government executive knows that an increase in the autonomy for his/her agency lowers the costs of organizational maintenance by minimizing the number of external stakeholders and bureaucratic rivals. Forgoing certain new tasks and their associated budget increases seems like a reasonable price to pay. The concern for autonomy leads government agencies to resist being regulated by other agencies and it is valued at least as much as resources because autonomy determines the degree to which it is costly to acquire and use resources. As the government plans to install county commissioners, a few tips are in order to achieve autonomy for its
“The debate as to whether there is need for county commissioners at the local level is an emotive one occasionally for justifiable reasons but often for misguided and unexamined judgments.” officers and avert potential clashes with governors. First, in defining the functions of its officers, the government should assign tasks that will not be performed by governors. This is to reduce political backlash and rivalries. Second, county commissioners should not be given tasks that differ significantly from those that are at the heart of the central government’s mandate. Third, tasks that will create divided or hostile constituencies at the county level should be avoided. Lastly, commissioners must avoid tasks that evoke painful memories of their past, that is, learned vulnerabilities. In sum, our constitution has not created a confederation of counties but rather a unitary state. The notion of equating a governor to a president is fallacious to the core. In an open democratic society that we have created, both levels of government will jealously guard their autonomy over their jurisdictions. In administration, autonomy is maintained when you have fewer rivals and clear distinct functions. These ideas are important in charting the role of county commissioners.
Dr. Obuya Bagaka is a Senior Principal Lecturer at the Kenya Institute of Administration
17
T U R K A N A
BLACK GOLD Trickles in Turkana County After the oil discovery, residents are excited that at least they will now have better schools, hospitals, roads and other modern facilities‌.they don’t expect problems with land ownership since it is owned by the community.
T
he discovery of oil in Turkana County has elicited a lot of excitement not only among oil explorers who are expected to intensify oil exploration activities in other parts of the country, but has also raised the profile of the county. The oil was discovered about 25 kilometres from Lokichar town where a rig dubbed Ngamia 1 is situated. United Kingdom based firm Tullow Oil discovered the reserves and com-
18
pany officials are currently in the process of establishing the amount of deposits. The site of the discovery is at the moment under tight security, with police officers manning Ngamia 1 with instructions not to let anybody access the area. After the announcement on March 26 that explorers had finally hit oil, putting Kenya in the same league with her neighbours Uganda and Tanzania where oil and gas deposits have been discovered respectively,
excitement gripped the hitherto sleepy village of Turkana. Residents said they now expected to benefit from the discovery, pointing out that they were lucky to be born in Turkana, while at the same time noting that the area has been neglected by successive governments since independence. Now, at last, hospitals will be built, schools upgraded and infrastructure developed as well as water supply systems put in place even as the The
COUNCILLOR
activities that come with oil exploitation supply jobs to the local community. Firms that exploit oil deposits sign agreements and have to commit immense resources in developing the areas surrounding the oil fields. The contracts are drawn with the government, the firm that is exploiting the oil and host community as the major parties in the agreement. Analysts point out that due to the community ownership nature of land in Turkana, land speculators might be kept at bay since land sales are monitored by members of the community. “Land here has not been surveyed and we don’t expect much trouble with speculators. But then with the type deals we know take place in Nairobi in the Lands Ministry when somebody is bent on grabbing a piece of land, you don’t know who will be invading this place claiming to possess a title deed for this or that piece of land,” said a Lokichar elder. Turkana County will now be an investment frontier, with the oil find coming at a time when the government is committed to opening up the northern part of the country with the new Lamu Port Southern Sudan Ethiopia (LAPSSET) transport corThe
COUNCILLOR
ridor. The corridor, whose initial project set off on March 2 with the Lamu port ground breaking by three regional leaders – Presidents Mwai Kibaki (Kenya) and Salva Kiir (Southern Sudan) and Melez Zenawi (Ethiopian Prime Minister) – is expected to open up the northern part of the country and provide Ethiopia and Southern Sudan with an alternative link to the Indian Ocean. It incorporates other infrastructure including a standard gauge railway line, an oil pipeline and three resort cities. Projections are that after the oil find, Kenya is going to attract huge Foreign Direct Investments from all sectors of the economy should the deposits be commercially viable. This includes the real estate given the housing needs that the area is going to attract, according to Mr Mwenda Thuranira, CEO of Myspace Properties Limited, a Mombasa based real estate company. With real estate experts warning that measures should be put in place to ensure that conflicts are avoided, Turkana residents have since vowed not to let land speculators grab their land. According to Mr Thuranira, the government should urgently come up with a plan for the area, so that land for various uses is put aside. “This is a very important development for the area and it is just a matter of time before you see speculators invading land around the site of discovery. Land prices are also expected to appreciate by more than 100 per cent in just a couple of years,” he said, adding that in order to avoid future land conflicts that
have been experienced in other parts of the country, there was need to develop a master plan to guide land use. “There are estates that will have to be built to house the high number of people who will be working there and office blocks which will be in high demand as other sectors of the economy and businesses respond to the activities there. A master plan for the area is crucial at this stage,” he added. However, despite the discovery of oil and gas deposits in East Africa, the countries at the moment lack a legal framework to guide the exploitation of the minerals. Kenya, for instance, does not have adequate laws regarding environmental concerns, quarters of sharing revenue and production rates which determine the period during which the mineral will be exploited. For instance, Uganda discovered oil a couple of years back but exploitation of the mineral has been hampered by these bottlenecks. Concerns have also been raised over unpreparedness of the regional economies on how to exploit oil and gas finds. The Kenyan government however says there is no cause of worry, with officials at the Energy ministry saying the government is coming up with regulations on how the oil will be exploited. According to the PS, Patrick Nyoike, the government has already come up with an agreement which stipulates the percentage of stakes it will acquire from firms that will successfully be engaged in the exploitation of the deposits.
OIL EXPLORATION: Sunset at the Ngamia - 1 exploration well in block 10BB, Turkana.
19
M A C H A K O S
FACE OF THE FUTURE: Artistic impressions of the envisaged Konza technology city.
KONZA CITY
Kenya’s Silicon Savannah By Joseph Kipkoech and Jane Gicharu
Plans are in top gear: The ministry of Lands has prepared the Konza zoning plan, done site mapping and physical planning and will facilitate the approval of the master plan‌.
20
The
COUNCILLOR
T
he ministry of Information and Communications headquarters in Nairobi is abuzz with activity. Phones ring endlessly and excited officers race from office to another for quick meetings to beat deadlines and provide up to date information to the callers and visitors streaming in. This has been the order of the day since the ministry kicked off a media campaign early this month to sensitize the public on the proposed technology city at Konza, Malili. The ministry has been receiving hundreds of enquiries from individuals and organizations each day, all seeking more information on how they would become part of the huge project worth USD 10 Billion (Ksh.2 Trillion). True to its vision of turning Kenya into a world class centre of excelThe
COUNCILLOR
lence in Information Communications Technology (ICT), the Ministry is spearheading the establishment of the technology city at Konza, some 60 kilometres from Nairobi city, along the Nairobi – Mombasa highway. A Senior Public Relations Officer at the Ministry Ms. Rose Andanje who is handling some of the enquiries assures all the callers and visitors that the ICT city has something for everyone. “Konza will be a one stop shop for ICT,” she answers one of the callers, and explains: “Apart from the modern Business Process Outsourcing (BPO) park, among other facilities that will be required are schools, universities, hospitals and hotels to cater for the large population of local and foreign workers expected at the city.” This, in a nutshell, translates into opportunities for those interested in investing at the Konza city. The PRO explains that many foreign investors have already indicated their interest in the IT park, adding that the media campaign was targeting mainly local investors with capacity to put up some of the facilities required. Through a public/private partnership, the government hopes to have in place a science park, a mega mall, hotels, international schools, a world class hospital, a golf course, a high-speed mass transportation system and integrated infrastructure comprising roads, sewer, cabling and CCTV among others. Some of the local companies that have so far expressed interest in the technology park include mobile telephony company Safaricom, the Nairobi hospital, the Tea Board of Kenya, Housing Finance Company of Kenya (HFCK) and the University of Nairobi. Others are Seven Seas, the South East University College, Computer Pride and Express Automation. Many individuals have made enquiries mainly on the projected employment opportunities while those living close to the proposed city feel they could supply commodities to those working there. Mbaitu fm, a radio station that broadcasts in vernacular to the neighbouring community, has been receiving a lot of enquiries from listeners. A sales person with the station Ms Mercy Musyoki told this writer that the station recently dedicated two breakfast shows to the project where listeners got an opportunity to ask questions regarding the project. The park also promises be a boost to local businesses including farmers, with some of them already preparing themselves to grab the opportunity.
For instance, Justus Tonkei who owns a big ranch some 10 kilometres from Konza in Kajiado County is already preparing to increase his milk production in readiness for a bigger market. Tonkei, who is also a teacher by profession has abandoned traditional pastoralism and ventured into the more lucrative dairy farming and has already purchased a number of dairy animals. The change is already paying off as he has started supplying milk to residents of Konza trading centre which is adjacent to the proposed technology city. He plans to expand the herd in order to meet the expected huge demand for milk once people settle inside the IT park. His neighbours have followed suit and one Ms. Faith Koin has ventured into poultry farming and is also keeping pigs. “We are aware that those who will be working at the new city will hail from different parts of the world and will have diverse food requirements”, the two farmers said. Another opportunity that is already evident is the appreciating value of land near the proposed city. Those selling plots in the area only need to mention the proximity of these plots to the technology city in order to get good prices for them. The Konza technology city is a key flagship project that will drive Kenya’s vision 2030, the country’s blue print covering the period 2008 – 2030 that aims at transforming Kenya into a middle income country providing a high quality life to all its citizens by the year 2030. The vision is based on three “pillars”; the economic, the social and the political pillars that are anchored on macro-economic stability; continuity of reforms in governance; enhanced equity and wealth creation opportunities for the poor. Others are science, technology and innovation; reforms in land and in the public Sector, human resource development and security. The economic pillar focuses on six key sectors that have potential to deliver 10 per cent economic growth per annum. These are tourism, agriculture (mainly agri-processing), wholesale and retail trade, manufacturing, business process outsourcing (BPO) and financial services. For each of these sectors, the government has come up with flagship (major) projects to jumpstart their growth. The Konza IT city is the flagship project for BPO where Kenyans will proContinued Page 24
21
Maximizing returns Making your contributions do the work. Every shilling you save with us earns interest every year. Providing Secured Retirement since 1960
DID YOU KNOW THAT…WITH LAP FUND…… You enjoy tax relief on contributions? You can make Additional Voluntary Contributions? You enjoy tax free return on investment and tax relief on benefits? You can assign 60% of your benefits as a guarantee to secure a mortgage? Obtain expert advice on your retirement planning? You can transfer in your benefits at no cost? Enjoy periodic updates on your savings? Access all your details online? Hurry up and join the race for a Secured Retirement, It is never too late to make a prudent decision……. CONTACT US AT: Gateway Park, 9th Floor, Mombasa Road, P.O. Box 79592-00200 NAIROBI www.lapfund.or.ke CALL US ON: 020-3589105/6, 0737121979/0714606998 Fax: (020) 240765
Setting standards in retirement benefits administration
T E C H N O L O GY
ICT HUB: Konza will be a one stop shop for ICT Continued from Page 21
vide business services to companies and organizations in the developed world via the internet. To facilitate this, a modern BPO park will be developed by top international IT suppliers. The government is keen to see the country become a top global ICT hub and in the implementation of the Konza city project, has deployed some of the best brains drawn from within the country and internationally. The ministry of Information and Communication on behalf of the government appointed the International
Finance Corporation (IFC) to provide financial advisory services. IFC in turn appointed international legal firm; Hamilton Harrison & Mathews to provide legal advice in relation to the project. With support from the National Youth Service, the Ministry has completed the fencing of the 5,000acre land at Konza purchased by the government for the purpose. An inter-ministerial steering committee that brings together key ministries among them Information and Communications, Lands, Water, Higher Education Science and Tech-
nology and that of Energy is ensuring that the required infrastructure is in place before investors can move in to lease land for their respective business ventures. The ministry of Lands has prepared the Konza zoning plan, done site mapping and physical planning and will facilitate the approval of the master plan while that of energy is expected to address the power needs of the city. The e-government is ensuring the laying of broadband infrastructure to facilitate national and international connectivity at the IT park through the fibre optic cable. The ICT board in the country has been marketing the BPO Park internationally and has successfully organized eight marketing forums in Asia, Europe and America, a venture that has elicited interest among many potential investors. To facilitate these activities, the government in its 2011/2012 budget provided some Sh600 Million to these ministries. This is clearly one of the big projects that the government is banking on in its quest to transform the country into an ICT hub and fulfill the Vision 2030.
Kenya’s ICT City Equated to the Silicon Valley of the US The Konza Technology City, Kenya’s own ICT city equated to the Silicon Valley in the United States (US) which is largely at the planning stage is expected to brand the country as a global destination of choice for technology innovations, business incubation and research. The land spreading 5,000 acres somewhere along Nairobi-Mombasa highway near Machakos town, has been marked as a Special Economic Zone for the establishment of the City which is also expected to open up huge employment opportunities and wealth creation for the Country once completed The City , which is expected to be a beacon of excellence in the African Continent , as come to be known as Africa’s Silicon Savannah. A special economic zone therefore provides major economic incentives in an economy, and it is a boost to business and industrialization. The Sh. 2 trillion project being driven by the Ministry of Information and Communications can be closely compared to Cairo’s Smart Village or Mauritius Ebene Cyber City, which is bigger in scale. In the initial stages through BPO centres, about 200,000 jobs are expected to be generated. The grand plan involves putting up business centres, hotels, schools, universities, hospitals and residential premises which can host global and local companies. International Finance Corporation (IFC) is the project’s lead advisor and it works closely with several consultants.
24
Information and Communications Permanent Secretary Dr. Bitange Ndemo said IFC is still working on the Project’s Master Development after it completed developing the concept Master Plan. The Silicon Valley is just 50 Km from Nairobi City. In 2008, Kenya launched a national long-term development blueprint, Kenya Vision 2030 that aims to transform it into a newly industrialized middle income country which is also globally competitive and prosperous. A public site development authority the Konza Technopolis Development Authority (KTDA) is in the process of being established to oversee the planning, infrastructure development and land allocation within the site. Some local companies and institutions have however shown interests in the project. Telecoms operator, Safaricom, says it is looking forward to use the space to develop a world class data centre and to host other technical facilities. Safaricom’s Director of Corporate Affairs, Mr. Nzioka Waita says: “We support the concept that an ICT centric development could help spur economic growth and position Kenya as a top 10 ICT investment hub globally. Other entities which have expressed interest in the ICT Park are Seven Seas Technologies, Express Automatic, Computer Pride, Chandaria Group, Tea Board of Kenya, Nairobi Hospital, University of Nairobi and South Eastern University College. Mr. Frank Ireri, Housing Finance Managing
Director, says the firm plans to finance housing development projects and other structures in the technology city. In the Vision 2030 key pillars, Konza City of Technology is one of the flagship projects. Therefore through the vision, by stimulating growth and fine-tuning three pillars-economy, society and politics-the government hopes to spin Kenya into the same league as South Africa, Singapore and Taiwan. In the three countries, industry and ICT drive growth. To drive this are six sectors that form the economic pillar-tourism, agriculture, wholesale and retail trade, manufacturing, business process outsourcing (BPO) and financial services which constitute 57% of the country’s GDP and provide about half of Kenya’s employment. The World Bank says to get to middle income status envisaged under the long-term development blue-print; Kenya must maintain an annual growth rate of at least six percent up to 2012. Kenya must also maintain its increased investment in physical infrastructure like ICT Park in Konza, energy, roads and seaports to sustain a high growth path. Vision 2030 delivery secretariat Director-General Mr. Mugo Kibati notes that some of the projects such as high-ways and new roads have a long gestation period, and it will take time before we start seeing any impact on the economy.
The
COUNCILLOR
What are
BY-LAWS? The City Council of Nairobi as well as other local Government Authorities is mandated by the various chapters of the Local Government Act to formulate their own rules and regulation which are called by-laws. These rules and regulations therefore carry the full force of the law.
More serious are cases where buildings under construction come tumbling down due to corruption in the supervisory department. The council is made to lose its revenue when questionable deals are entered on its behalf with corrupt businessmen.
The City Council of Nairobi By-laws are not designed to punish anyone but to promote a civilized and healthy environment for the citizens and visitors who live within the boundaries of the city.
One of the most common complaints about the way the council enforces the by-laws is the way people, after being arrested for minor offences like dropping pieces of paper wrappings for sweets, eventually are forced to part with large amounts of money or else are charged with totally different offences. With the rolling out of the New Constitution, it is expected that the Council’s magistrate’s Courts will also undergo reforms just like the rest of the Judiciary.
Under S201 of the Local Government Act, Cap 265, the City Council has powers to make By-laws which are necessary for the valid needs of the residents and visitors of the city or any part thereof and for the good order and governance of such area or any part thereof. The following are some of the By-laws which are currently in force: (1) Licensing of premises and Trades; (2) Restaurants, eating houses and snacks bars; (3) Taxi cabs; (4) Designated parking places; (5) General nuisance; (6) Matatu Termini; (7) Control of Hamali Carts and Handcarts in public streets; (8) Hawkers; (9) Food shops and stores; (10) Medical facilities; (11) Private schools; (12) Public lavatories; (13) Conservancy (Amendment); (14) Waste water conservancy; (15) Solid waste management; (16) Fire Brigade; (17) Sale of Ice Cream; (18) Polythene carry bags;
By Rebecca W. Chege
And with the enhanced freedom for the media, every nook and cranny of corruption in the city’s administration will be ventilated in order to make every officer of the Council accountable. This will bring positive results as the new dispensation will force all the forces of impunity to think twice before engaging in their nefarious activities.
All these are challenges that need to be addressed if we are to straighten the affairs of the council.
A general lack of understanding of the Bylaws by the Nairobi residents and visitors has been noted and therefore a Nairobi HR Consultant company has compiled a book about the Nairobi City By-laws to educate the Nairobi Business Community and general public on the same.
From the foregoing, it is evident that each of these by-laws is meant to regulate a certain activity in the life of Nairobians and visitors. One would expect that in the application of the by-laws, the Publics’ interest is what should override everything else, but this is often not the case. Cases of lack of transparency in the collection of various levies and fees are rampant. This robs the Council of vital resources which are necessary for a sustainable good delivery of services, such as roads, health, street lighting just to mention but a few. The Council askaris are known to solicitate and receive bribes from hawkers’ motorists who do not to pay parking fees in designated parking spaces to look the other way.
The
COUNCILLOR
25
I S I O L O
RESORT CITY Takes shape
Isiolo is almost at the centre of the country making it an ideal location for the construction of the international airport to serve local and foreign tourists.
A
resort city that is envisaged in Isiolo is taking shape at a faster pace than the other resort cities in Lamu and Lake Turkana. One project whose construction is ongoing in the town is Isiolo International Airport, which is expected to be complete and ready for use by huge aircrafts this year, transforming the region into a key tourism and commercial hub. The Isiolo county council has already been asked to set aside land for the Sh 19 billion resort city, which is expected to lie on a 6,500 acres piece of land at Kipsing Gap, about 20 kilometres west of Isiolo town. The Japanese firm, Japan Port Consultant, which was awarded the contract to carry a nine months fea-
26
sibility study on the proposed second transport corridor with its six other infrastructural components settled on Kipsing Gap site. “Isiolo is almost at the centre of the country making it an ideal location for the construction of the international airport to serve the hundreds of local and foreign tourist visiting Northern Kenya region,” says Isiolo District Commissioner Mr James Mwaura. As an important inter-linkage point on the northern corridor, economists argue that Isiolo, which also harbours huge potential as a tourist destination, will be transformed into a regional economic giant. The Managing Director of Myspace Property Mr Mwendwa Thuranira, a property agent in Mombasa, says
that the transformations that have been witnessed in Isiolo have already triggered dramatic turns in the property market with the cost of land tripling in just a few years. “Events in Isiolo are signs that the government is keen on actualizing the second transport corridor and has also triggered events in other regions such as Lamu,” Thuranira said. Isiolo will be the point of intersection for the corridor to South Sudan, Ethiopia and the existing Northern corridor through Nairobi. The route to the Ethiopia will branch from Isiolo to Moyale, a distance of about 470 kilometres. The route to South Sudan will also branch from Isiolo to Nakodok about 680 kilometres away. Kipsing Gap was picked by the Japan Port Consultant due to a number of The
COUNCILLOR
NOW AND THEN: Present day Isiolo town (main picture) and an artistic impression of Isiolo resort city (inset). The transformation of Isiolo is expected to turn the county into a major commercial and tourism hub. atta International Airport in Nairobi, Moi International Airport in Mombasa and Eldoret International Airport. It has a run-way which is 1.4 Km long and 34- metre wide, two taxiways and three aprons, where the aircraft can park and refuel, the passenger terminal and control towers. Upon the completion of the project, says Kenya Airport Authority (KAA) officials, both the taxiways will be 300 metres long and 22 metres wide. The airport will handle heavy commercial aircraft with a body- width capacity equivalent to a Boeing 737 and 800 and load weight of 66,381 kilogrammes. Miraa from Nyambene Hills, livestock products, tourism, business activities, cut flowers and French beans from Timau area will be exported through the airport to the external markets. The pastoral communities in Northern Kenya will utilize the facility to export meat, hides, skins and leather products to international markets such as Europe and Middle East. A modern abattoir is under construction in the outskirts of Isiolo town. Dr Gerald Gitonga, Isiolo District Veterinary Officer, said that the Sh. 153 million projects will accord livestock farmers in Northern Kenya market for their livestock.
AIRPORT WORK IN PROGRESS factors such as security, accessibility, cultural diversity, natural diversity and wildlife attractions, availability of water, electricity and sewerage system, among others., The land is sand-witched between two gazetted hills — Katim and Oldonyo Degishu — is bordered to the South by the world famous Lewa Wildlife Conservancy, to the north by Buffalo Springs and Shaba National Reserve, and Samburu Game Park and Ewaso Ng’iro River to the west. Tour circuits include national parks that stretch from the Aberdares, Mt Kenya and Meru, archaeological sites, mountaineering and biking trails and natural walks. The other parks in Isiolo are Buffalo Springs and Bisan Adi while those neighbouring the town are Meru The
COUNCILLOR
National Park, Mount Kenya National Park and Samburu National Reserve. The proposed resort will have about 3 six-star hotels, a local art and craft museum, theatres for international festivals and international conference centres. It will also have golf courses. Isiolo district development officer Joseph Ng’ang’a said Isiolo resort city is expected to have a centre for education and information, deliver a unique image and effective branding and position itself as a place to visit, live, work, rest and invest. The International Airport which is under construction has several features giving it an international airport comparable to Jomo Keny-
The first phase of the Isiolo airport, which involved construction of the runaway, has been completed at a cost of Sh. 610 million. The airport, with a 1.4 km runaway, is expected to be opened before the end of this year. The Kenya Airports authority (KAA) is expected to take over the airport, the second facility in northern Kenya after the Wajir airstrip. Transport Ministry Permanent Secretary Dr. Cyrus Njiru toured the airport and gave it thumbs –up. “Stringent tests were done on construction materials at the government laboratory in Nyeri at every stage and this facility meets the required standards,” he said. Workers were putting final touches to the drainage and landscape. KAA engineer James Waweru confirmed the runway. The 30-metre runway can handle larger planes than Nairobi’s Wilson Airport and would help decongest the Jomo Kenyatta International Airport. Smaller international aircraft could be rerouted to Isiolo.
27
N A I R O B I
RESTORATION: City Park set for major Facelift MOU: From left, Prince Hussain
Aga Khan, Prof Karega Mutahi, Permanent Secretary in the Ministry of Local Government, and Dr. Jacob Ole Miaron PhD, Permanent Secretary, Ministry of State for Heritage and Culture, signing the MoU.
The project is an important step towards ensuring that the historical and cultural heritage and diversity of the park is conserved now and for generations to come… Prince Hussain Aga Khan
28
T
he historic Nairobi City Park at the heart of the capital city and which has been ran down over the years, is set to undergo rehabilitation. The 60-hectare park will be rehabilitated to international standards in terms of architecture; landscape and horticulture to enable it generate income. A Memorandum of Understanding to start work on the project was signed between the government and the Aga Khan Trust for Culture (AKTC) in mid April. The Permanent Secretary for Local Government, Prof. Karega Mutahi, Permanent Secretary at the Ministry of State for National Heritage and Culture Dr. Jacob Ole Miaron and Former Nairobi Town Clerk, Philip Kisia signed on behalf of the government. “The agreement marks the initial steps to give the park a metropolitan face, which will enhance its appeal to Kenyans as well as visiting global citizens,” said Prince Hussain Aga
Khan who signed on behalf of the Aga Khan Trust. “The project is aimed at turning the park into an internationally recognized centre of excellence in restoration, environmental practices and financial sustainability,” he added. The agreement was reached after a two-year negotiation over the possibility of returning the facility to its original use. The Prince also noted that the project was an important step towards ensuring that the historical and cultural heritage, as well as the significant diversity of the park is conserved now and for generations to come. The wedge-shaped park is located along Limuru and Forest roads in Parklands and today, a visit at the park that used to be a crowd puller in the 1980s reveals an environmental gem that has been neglected beyond measure. The stream that used to flow water that one would casuThe
COUNCILLOR
A park rich in
DIVERSITY As parks go in this city, Nairobi City Park stands above most in its rich biodiversity. A recent biodiversity survey of the Park by Friends of Nairobi City Park identified about 988 species of flora and fauna. The forest is indigenous, with a number of tree species that are endemic to Kenya. The Park was established in 1921 as a zoological garden on a 91 hectare area, and formally declared a public park in 1925. Much like the other green spaces in the city, it was not spared encroachment by land grabbers who, despite all efforts by conservationists to protect it, progressively hived off over a third of its area over the years. A ray of sunshine finally broke through the clouds hanging over this Park when the government, through a legal Notice appearing in Kenya Gazette Supplement No.59 dated 4th September 2009, declared the remaining 60 hectares of Nairobi City Park as a protected area. Tucked away on a portion of the Park is a public cemetery. This is the burial place of Pio Gama Pinto, a Journalist and Politician who actively participated in Kenya’s struggle for independence, only to be assassinated in 1965, barely two years after Independence. Adjacent to this cemetery is Murumbi Peace Memorial Park, where Joseph Murumbi, Kenya’s second vice President, and his wife Sheila were buried. The Murumbis’ legendary love for art and culture inspired a number of African artists to create the magnificent sculpture garden that is the Murumbi Memorial Park. Source: www.jambonairobi.co.ke
ally drink to quench thirst is today a murky flow of all manner of waste. The park, designed during the colonial days by Peter Greensmith who was then Parks Superintendent, boasts even of indigenous trees, which cannot be found anywhere else within the city. In the 1960s, this park was lined up with lush vegetation and well tended grass, and there used to be a band that would perform every Sunday, to the delight of city residents on picnic. There is also a war memorial cemetery to the west of the park for World War I British solders as well as the Goan community cemetery. Since the park is no longer the paradise it was those days when TV crews would occasionally be spotted while recording shows, people do not frequent the gardens, which have also become a dumping site and a muggers hideout. The Deputy Prime Minister who was the chief guest said the cabinet had The
COUNCILLOR
MOU: Prince Hussein Aga Khan (left) and Deputy Prime Minister,
Hon. Musalia Mudavadi during the signing of the MoU. (Above) A section of Nairobi City Park.
already endorsed the project that when fully rehabilitated will provide a blue print, which could be used in rehabilitation of other parks in the country. The project hopes to restore the park while retaining its natural and cultural heritage with the supporting infrastructure expected to create hundreds of jobs. The bandstand will also be reconstructed in the renovations that will include planting of more indigenous trees to improve shade as well as installing floodlights for adequate security. This will be the third such project the AKCT has undertaken in the world with the most prominent being the Azhar Park in Cairo, Egypt. The site, which had been a garbage dumping ground for more than 500 years,
involved removal of over 1.5 million cubic metres of rubble, garbage and soil in a project that cost US$ 30 million (Sh2.5 billion). The Trust also rehabilitated the National Park of Mali in 2010 where a forest had been threatened with extinction from loggers, as well as the Humayun’s Tomb gardens in New Delhi, India. The Trust is the cultural agency of the Aga Khan Development Network (AKDN) and plays an important role in the network’s integrated approach in which human development activities are undertaken. According to Mr Mudavadi, the rehabilitation of park is expected to serve as an example in how many other sites would be restored and rehabilitated.
29
Y O UT H
TRAINING
T
LAUNCH: Deputy Prime Minister Hon Musalia Mudavadi and the Chair of SFRTF Dr. Manu Chandaria pose for a photograph with rehabilitated street kids during Strategic Plan Launch.
Towards a BRIGHTER
FUTURE The Ministry of Local Government’s Street Families Rehabilitation Trust Fund (SFRTF) has unveiled a five year strategic plan to guide its operations that will benefit over 300,000 families dwelling in the streets in the country.
30
he Ministry of Local Government’s Street Families Rehabilitation Trust Fund (SFRTF) has unveiled a five year strategic plan to guide its operations that will benefit over 300,000 families dwelling in the streets in the country. The ministry is also putting final touches to a Cabinet Memorandum for the Street Families Program, which was given a nod by the Board of Trustees recently and now awaiting cabinet approval, says the ministry officials. “The Memo is to request the Cabinet to provide an elaborate mechanism for rehabilitating street dwelling families and ensure that preventive programs are put in place,” says a recent project brief by the ministry. Most of the street family members are children who are in need of protection and care, education, training, security and employment for them to become responsible Kenyans. The government set aside Sh 100m in 2011/2012 financial year for financing national program for street families. Some of the local authorities that have initiated street families’ programs are Nyeri, Nanyuki, Mombasa, Kericho, Eldoret, Nakuru and Kisumu. Mombasa and Eldoret have established Drop-In/Child Protection Centers while a similar project is being replicated at Thunguma in Nyeri. SFRTF programme has facilitated access to primary and secondary education for over 6000 former street children. In addition, several thousand youth have acquired practical skills on various disciplines. Plans for enrolling more students for vocational training are at an advanced stage. This will be done in collaboration with the Ministry of Youth Affairs - Department of Youth Training, under the scheme of subsidized Youth Polytechnic Tuition, says the ministry brief. A pilot project to establish the number and characteristics of vulnerable children living and working in the streets of Nakuru and Kisumu was undertaken this financial year. “The objective is to establish the gender, location and establish the pattern of migration. This shall be expanded to cover all major towns in Kenya as a means of establishing a proper foundation for planning purposes,” says the report. The MoLG established SFRTF on 11th March 2003 and renewed its mandate in December 2008 and December 2011 according to the Local Government Act (Cap. 265). Although the Trust Fund is creaThe
COUNCILLOR
tion of the Government of Kenya, it functions as a public-private sector partnership under the chairmanship of philanthropist Dr. Manu Chandaria. It also has broad representations from public sector, private sector and civil society in its board. SFRTF is anchored in the Ministry of Local Government because the Ministry is one of the key stakeholders in the implementation of the Children’s Act Cap 586 (Laws of Kenya) through the local authorities - now county governments.
SUCCESS STORIES: Rehabilitated youths being trained in carpentry at the Christian Industrial Training Centre (C.I.T.C) Mombasa.
EXCHANGING NOTES: Deputy Prime Minister Hon. Musalia Mudavadi, the Chair of SFRTF Dr.Manu Chandaria and Local Government Permanent Secretary Prof. Karega Mutahi during the launch of the Strategic Plan.
ENJOYING THE MOMENT:
Rehabilitated street children going through the SFRTF Five Year Strategic Plan during its launch.
The
COUNCILLOR
31
Here &There
BRUSSELS
Raila Markets Lamu Port in Brussels Prime Minister Raila Odinga recently embarked on an aggressive marketing campaign to invite foreign investors to the Lamu Port, South Sudan and Ethiopia Transport corridor (Lapsset). Speaking recently at a gathering of the Crans Montana Forum on Africa in Brussels, Belgium, Raila said a thriving intra-African trade and investment is necessary for the continet’s take off. “As a result of the Lapsset, trade and investment between our countries will reap a quantum jump. Our aim is to construct railways and highways that connect the Indian Ocean and the Atlantic Coast,” the PM said. Raila noted that currently such trade potential has beeen frustrated by the lack of infrastucture that connects the intergrates the continent, saying the situation is about to change with the launch of the Lapsset. He appealed to big business to g rap opportunities in the Lapsset, saying it is going to change the wa y Africa relates and does business with the rest of the world. Raila said the international community is often quick to pick negative perceptions of Africa and dismiss positive steps the continent is making. He cited under-development, poverty, and political instability as some of the myths rapidly embraced about Africa, adding that the world ought to recognise that “the Africa of today and that of yesterday are two very different continents”. “Africa is emerging as a global power in the economic, social as well as political spheres,” he said.
32
A C H I E V M E N T
KIKUYU TOWN COUNCIL NAMED TOP PERFORMER
President Mwai Kibaki presents the best performing local authority trophy to Kikuyu Town Council Chairman Cllr. Charles Arahuka. The council was followed by the Town Council of Othaya. The Municipal Council of Machakos was listed third best performing local authorities in the Report on Evaluation of The Performance of Public Agencies for the Financial Year 2010/2011 that was released in March. A total of 173 local authorities were evaluated. The
COUNCILLOR
NAIROBI
Ministry to unveil new service charter The Ministry of Local Government has revised its Service Charter to enable it to realize its mandate under the new Constitution and Vision 2030. The new service charter is a major shift from the one established in 2009 and seeks to address governance issues in the devolved system of government. The Ministry, in the new charter, has committed itself to enhance public understanding of its new roles under the new constitutional dispensation and also to contribute through policy interventions, to achievement of high quality life among Kenyans based on equity, social and economic justice. The charter emphasizes on creating awareness among the public on the “right to quality services” and “right to information” in accordance with the Bill of Rights. The ministry, in the new charter, outlines the set standards of the provision of services. The ministry’s new mandate is to oversee the implementation of devolved government policy on service delivery and good governance and the new vision will see the ministry oversee the success of viable autonomous, responsive and accountable local authorities and county governments. The ministry will also strive to facilitate county governments, local authorities and other devolved institutions to achieve good governance and improve service delivery for enhanced healthy, equitable and social- economic development of Kenya in accordance with the Constitution.
NAIROBI
NO to city dumpsite relocation
NAROK
e-Ticketing enhances revenue collection The electronic payment system introduced last year at the Maasai Mara Game Reserve has improved the Narok County Council’s revenue. Council chairman, Joseph ole Nkadado said the e-ticketing has increased revenue collection because it has reduced corruption, which was rife in the manual receipting at the game reserve’s gates. In December the gate fee collection hit Sh77 million compared to the Sh45 million previously collected by the council over the same period. Nkadado said that the council projects to collect more than Sh3 billion by December this year against average of Sh1.1 billion previously collected. When fully operational, the Smart Card system is expected to collect at least Sh6 billion, making Narok one of the richest counties in revenue generation in the country. The introduction of the e-ticketing sparked protests with some area residents led by Narok county Youth Congress holding demonstrations to press for its withdrawal. They claimed that the deal between the council and Equity Bank was not transparent. Despite the controversy surrounding the e-ticketing system, the council won an international award in Germany in March for introducing it. The system was judged as the best technologically innovative revenue collection in the world. The system will reduce corruption since it will deter individuals and cartels who were manipulating the manual system to steal the council’s resources. The Smart Card will also bring efficiency and transparency in revenue collection at the gates.
Plans by the City Council of Nairobi to dump waste in Ruai have been opposed. The Local Government Ministry wants the council to find an alternative site. The Japan International Cooperation Agency proposed Ruai as the ideal dumpsite but the idea has been opposed by stakeholders in the aviation industry. Ruai lies in the flight path of Jomo Kenyatta International Airport and this will pose a threat to aviation safety because there is a possibility of aircraft accidents from bird strikes. The dumpsite will attract birds which may be sucked into the aircraft engines and this may bring down the plane. The council’s Dandora dumpsite was in 2009 moved to Kayole’s abandoned quarries as a stop gap measure and the council was waiting to move it to Ruai. “It is a matter of great concern that the JICA’s proposal has aviation stakeholders. Among the proposals already communicated by my office to the City Council of Nairobi and other urban councils is that they should acquire land for comprehensive waste management projects,” said the PS of Local Government, Prof. Karega Mutahi. The government is pursuing the matter to come up with practical solutions. The recycling of solid and organic waste is one approach which would have a positive ramification in creating informal employment and offering environmentally sound solution to waste management problems. the city collection and disposal which have been exacerbated by rapid urbanization. The City Council to put into good use the equipment brought in under the bilateral partnership between Kenya and Japan. According to current government statistics revealed by the former Town Clerk Philip Kisia, Ksh. 7.3 billion is lost every year due to management of solid waste. The
COUNCILLOR
33
S E RV I C E D E L IV E RY
FIRE FIGHTING
Capacity Enhanced
34
The
COUNCILLOR
“Local Authorities must guard public property against vandalism and destruction”. These were the words of the Acting Minister for Local Government, Hon. Fred Gumo during the presentation of six fire engines to selected councils at the Central Fire Station in Nairobi, which were bought from France at a cost of Ksh. 270 million. The councils include the Nairobi City Council, Municipal Council of Nyeri, Municipal Council of Kakamega, Municipal Council of Embu and Town Council of Mandera. A survey carried out recently revealed that the state of preparedness of our Local Authorities to handle fire disasters is wanting. The ministry of Local Government is thus committed to assist Local Authorities establish and maintain fire safety management to minimize losses occasioned by frequent fir break outs in towns. The Minister urged the beneficiary councils to jealously guard the equipment by ensuring that they are properly serviced and immediate repairs undertaken in case of defaults so that the vehicles are used optimally. “The Local Authorities are encouraged to carry out awareness campaigns and conduct fire inspections in all private and public buildings to ensure that the members of the public are conversant and adhere to the requirements. Such measures will help reduce the loss of innocent lives and property,” stressed the Minister. Hon. Gumo at the same time appealed to residents of the respective councils to pay their rent and rates to enable the council to serve them better. Such measures will ensure that the council is able to purchase their own fire engines and other equipment in future.
The
COUNCILLOR
INSPECTION: (Above) Hon. Fred Gumo inspects a guard of hon-
our mounted by the Nairobi Fire Brigade and inspects the new fire engines (center) before officially flagging them off (below).
35
MA R K ET S
The Revenue
BOOSTERS The Kongowea project is estimated to raise the council’s current annual revenue collection from Ksh. 12 milion to Ksh. 43 million and create 3,519 direct jobs.
T
he Ministry of Local Government is betting on the ongoing market upgrade programme initiated in 2007 to boost the revenue of the county governments when they become operational next year. A fully-fledged department of market development under the Office of the Ministry of Local Government was created to implement these flagship projects covered in the first medium term plan (2008-2012) of the vision 2030. Through this period of the medium term plan of 2007 to 2012, the pace of the establishment of markets has been phenomenal. Originally, the ministry targeted 10 new market hubs of which 5 are now ready and operational. Seven market hubs are already under construction, accord-
36
ing to a market development report launched in May this year. The ministry had also targeted to establish 10 wholesale markets of which seven are now complete and operational while five are currently under construction. Whereas the ministry had a target of 10 retail markets, 19 are already complete and at least 13 others are at various stages of implementation, way above the target. Under the Economic Stimulus Programmes (ESP) which targeted 40 markets, 84 markets have so far been completed and 112 are in progress, the report adds. Mwingi Market is one of the wholesale markets that are complete. The project was undertaken by M/S Sivad at a cost of Sh119 million from May 6, 2010 to June 4 last year, three
months before the expected time. This market consists of 19 lock-ups generating a minimum of 57 direct jobs and 456 indirect ones, two retail sheds generating a total of 176 jobs and 1408 indirect jobs. The market has also three wholesale sheds generating 165 direct jobs and 1320 indirect ones. There are offices, accommodating eight council officials, a borehole, ablution block and elevated tank to address the water needs of the market. The market has over 2,000 traders operating and will increase the annual council revenue collection to over Sh8 million annually. The ongoing expansion project at Kongowea, the biggest market hub in the Coast region will increase the local authority revenue from space fee almost four-fold. The project was initiated by Mombasa residents through LASDAP and is owned by Mombasa City Council. The project, which is estimated to raise the council current annual revenue collection from Sh 12 milion to Sh 43 million will create 3,519 direct and 35,519 indirect job opportunities. In Central province, Karatina market hub is being upgraded to the tune of Sh268 millions. Uchumi International Agencies commenced the works on 26 July, 2010 and the 24-month project is expected to be completed this quarter. “The project aims at enhancing product quality and reduce losses by establishing cold storage and adopting closed design market model to protect traders from adverse weather,” says a recent ministry report, adding that the expansion will increase job opportunities from the current 3,000 to over 35,000.
The
COUNCILLOR
Karatina wholesale hub will also introduce e-trading to expand its market reach and farmers will be able to register their products on a marketing blog from where interested buyers can contact them. New facilities expected to be developed in the market include a 3 storey building with 200 stalls and agro-vet shops. There will also be 24 open shades for wholesale functions. Gakoromone market hub, which was initiated by Meru Municipal Council through a funding proposal to the Ministry of Local Government, is expected to be a major boost to the region’s revenue. The main objective of the project, which was completed last year, was to create a wholesale hub offering more hygienic facilities for better fresh produce traded along the township roads. Currently, Meru Town has over 3,000 traders serving over 50,000 consumers. The market facility contains nine retail sheds which will cater for 704 traders providing 2,112 direct employment and 16,896 indirect job opportunities, according to the ministry estimates. There will also be two wholesale sheds, estimated to generate 600 direct and 4,800 indirect jobs. Other facilities include office block, ablution block, chain-link fencing, street lighting, storm water drainage and loading bays. Kakamega Market is expected to be the pillar for Western province produce outlet. A contract for the market construction was executed on 3rd May, 2010, between M/S Channa Construction Co. and the Permanent Secretary, representing government at Sh153 million.
The
COUNCILLOR
The work commenced on 13th August, 2010 and the market is expected to be completed this year. This facility is expected to create 4,620 direct and 46,200 indirect jobs opportunities to Kakamega residents and Western region at large. “The council’s revenue collection is expected to rise to Sh66 million annually and therefore uplift the general living standards of the people,” says the report. Municipal Council of Nakuru through a funding proposal to the Office of Deputy Prime Minister and Ministry of Local Government initiated Wakulima market project. The Sh28 million project aims at creating more market facilities in order to address the issue of congestion in the market by creating more space to accommodate extra traders. Currently, there are over 2,500 traders operating within the town of Nakuru while the existing facility can only accommodate 1500. In Kisii, the Municipal Council through a proposal to the Ministry of Local Government is upgraded Daraja Mbili market at a cost of Sh 108 million. Other market hubs on construction include; Dagoreti, Mutha/Mutomo, Garissa, Maragua, Mavoko, Isiolo and Mariakani. Currently the department is also undertaking construction of 23 retail markets namely: Mudete, Kabati, Nkubu, Matuu, Nguni, Chepereria, Kisumu Jubilee, Mbita Point, Sotik, Lodwar, Busia, Kiria-ini, Ndunyu Chege, Kainuk, Kagumo Kerugoya, Yala, Sagana, Kanyakine, Kyamatu, Awendo, Kinoo, Rongai, Riat, Economic Stimulus Programme markets in all the constituencies will be
a major economic boost and at the moment the department is undertaking this project in 210 constituencies. ESP was introduced during the 2009/10 budget, an element entitled ‘Overcoming today’s Challenges for a Better Kenya Tomorrow’. The ESP is a government programme coordinated by the Ministry of Finance, committing Sh22 billion for various activities. The scheme, which was started by Deputy Prime Minister Uhuru Kenyatta when he held the Finance docket, is meant to stimulate the growth of the Kenyan economy through the rapid creation of jobs and business opportunities all over the country. In order to be successful, the ESP identified numerous projects, which will be funded with over Sh100 million in every constituency. The ESP will support projects in the local government, education, health and sanitation, food production, environment, industrialization and fisheries sectors.
NEW MARKET: Mr. Mutua Nzoka, the director market development department in the Ministry of Local Government, explains to President Mwai Kibaki about facilities at the new Kamukunji hawkers’ market, Nyeri (left). President Mwai Kibaki unveils a plaque to officially open the market in Nyeri (centre). Renovation work at the Kongowea Wholesale market, Mombasa(right).
37
T
FORESTRY AND WILDLIFE RESOURCES Passing the baton to the Counties
By Mr. Mohamed Wa-Mwachai
he enactment of a new constitution has ushered a new beginning in governance cutting across all spheres of life of our nation. The management of forestry and wildlife sectors is one area where the new law demands that we fold our sleeves and get to work in line with a devolved system. Needless to say, forests and wildlife are priceless treasures whose true value can only be estimated. This makes it critical to plan how they are managed. The good thing is that in the past ten years, there has been a paradigm shift in the minds of Kenyans in their perceptions of forestry and wildlife resources. Previously, many perceived forests as idle wealth and all sorts of schemes hatched to grab a piece of it. Not any anymore. After the government stood firm and embarked on a recovery and restoration program, invasion of forest land has been contained. Only a few pockets of poachers remain in our forest and wildlife parks. However as a Ministry we are actively putting them out of business through enhanced vigilance by our forest and game rangers. Departure from the past In order to bury the mistakes of the past, the current constitution makes sure that forest and wildlife issues are generously addressed in order to conserve them in a way that is sustainable. In particular how to man-age them at the County level will be very critical in the coming days. Already, we have devolved the management of these two national resources by having professional in all regions. In the forestry sector, we have Zonal Managers covering all Counties. In wildlife management, we have Senior Wardens in charge of specific protected areas that include National parks and reserves. The Senior Wardens will provide technical backup to the County authorities on wildlife conservation and management. Waiting for the Governors These professionals will provide the key linkages between the national government and the County government in both operational and policy levels. We can actually say that all we are waiting for is the Governors and the County assemblies to take their seats to have us extend our technical expertise to them. We are putting in place a draft a policy on forestry conservation for Coun-
38
The
COUNCILLOR
ty Governments to adopt and enact in their by-laws. In this policy we will include a provision that requires any infrastructure developer to provide space for planting trees before approval is granted. The objective is to help the County governments enhance tree growing and transform those that are poorly forested to move from where they are towards the 10% tree cover benchmark. We also would like County government to have an environmental committee to ensure conservation of these resources is a core undertaking. National tree cover up Our national tree cover has just been revised to 5.9% from the previous rating of below two percent. This growth is corroborated by the Food and Agriculture Organization’s report of 2011 on the status of forests worldwide which put Kenya’s forest cover at four percent. This is exactly what we had projected in our strategic plan (2008-2012) and we kept our gaze fixed on the prize. Numerous trees were planted by farmers and other entrepreneurs who heeded our call. Even as we marshal every County to raise its tree cover, we are aware of climate conditions where one cannot just put a seedling on the ground and wait for it to grow. Our research agency, the Kenya Forestry Research Institute is ready to collaborate with the County governments to develop areas. Foresting the ASALs Already work is going on in the Arid and Semi Arid areas and tree seedling that are resistant to drought have been developed. In places such as the coast and eastern regions, we are telling the communities to go for fruit trees such as mangoes, cashew nuts and the good coconut which thrives very well in coastal conditions. With a forest of fruit trees, one can have abundant supply of fruits and wood products for micro enterprises such as carving. Moreover, the carbon trade business is about to roll out and once it does, then more communities. Partnerships are another front that the Ministry has opened to push the forestry and wildlife agenda. In particular, we have brought the civil society closer as they have an edge when it comes to lobbying and mobilization of both human and material resources. We need such synergy. One area we are doing quite well is in erecting fences. Major gains have The
COUNCILLOR
TREE PLANTING: H.E. the President Hon. Mwai Kibaki planting a tree assisted by Hon. Dr. Noah Wekesa, Minister for Forestry & Wildlife.
been made with the most celebrated being the 400 km Aberdare fence coordinated by the Kenya Wildlife Service and the Rhino Ark. Other protected areas where fences are in place and others under-way include the Tsavo, Shimba Hills, Mt Kenya and Mau (Eburru) forest. This is a commendable effort by the KWS in mitigating Human Wildlife conflict. Policy and legal framework The legal and policy framework in both forestry and wildlife is under review to entrench the constitutional rights and obligations. In particular, we have developed a new Wildlife Act and Policy which is now in parliament awaiting enactment. The main thrust of the proposed law and policy the management of wildlife with host communities. Enhanced compensation of up to one million shillings will be paid for human death. Harm to property and to humans will also be compensated with being certified by a medical doctor as to the extent of injury. Heavy penalties will be imposed on offences relating to wildlife such as
poaching and illegal trade in wildlife products to make sure this resource is protected for posterity.
Mr. Mohamed Wa-Mwachai, CBS Permanent Secretary, Ministry of Forestry and Wildlife
39
Niobium mining to transform
Up & About
KWALE COUNTY
Experts bill the mining of rare earths and niobium as one of the largest enterprise in the country, and which will transform the economic fortunes of Kwale County. Initial drilling at the second hill, Kiruku, this year, to carry out further analysis of the presence of the rare earth minerals is good news for the county that is rated amongst the poorest. Pacific Wildcat Corporation (PAW) and Cortec Mining of South Africa have already identified viable quantities of Niobium and rare earths at Mrima Hills, which is about 3 kilometres away. The president of the PAW Darren Townsend says that preliminary investigations reveal that there is high grade Total Rare Earth Oxide (TREO) at Kiruku Hill. “The results at Kiruku Hill further support the historic samples collected by the Metal Mining Agency of Japan (MMJA) who first identified the element in 1993. From a limited sample population, PAW announces that the hill was favorably elevated in Heavy Rare Earth Oxides and Yttrium,” Townsend said. A total of thirty-four rock chips were collected from surface focusing on rare earths in other regions near the Mrima hills. Results from twenty of these samples were previously released in February and the remaining fourteen samples from Jombo (nine) and Kiruku (five) hills were released in April, showing presence of rare minerals in the latter. Significant rare earth minerals were identified and analysis brought returns of 4.45%, 3.00% and 2.53% in three samples drawn from Kiruku Hill. The firm is looking for a return of over one percent for the rare earth to justify economically viable quantities. There is a chronic shortage of the rare earths in the world, which has triggered a spike in mining projects. China, which accounts for an estimated 97 percent of global rare earth supplies, has been tightening trade in the strategic metals, sparking an explosion in prices.
40
PASSING THE BATON: Meru Municipal Council mayor John Mwalimu (RIGHT) hands over the main trophy of the Kenya Inter-Municipalities Sports and Cultural Association (KIMSCA) to Mayor of Kakamega Municipal Council Mathias Sichere. Kakamega will host KIMSCA games this year.
Italian dignitary visits Korogocho slum The Italian government is supporting upgrading projects in Korogocho to the tune of Sh210 million. The funds under this programme were given to the Ministry of Local Government and have been channeled towards capacity building, planning and infrastructure development, the minister for Local Government Fred Gumo said in a speech read on his behalf by assistant minster in the ministry Lewis Nguyai. “I am happy to note that the foot bridge that was built to link Korogocho and Dandora has saved many lives which could otherwise have been lost like before,” the minister said, adding that the street lighting installation on the roads are at an advanced stage and have improved security and economic development of the slum. Construction of phase one of the dispensary is also nearing completion. Planning has been completed and is expected to be forwarded to relevant authorities for approval, the minister added during a recent visit to Korogocho by the Italian Member of Parliament and Special representative of the Italian Ministry of Foreign Affairs, Mrs. Margherita Boniver, “It is expected that once the processing is through, it will be possible to realize a sustainable land tenure arrangements for Korogocho residents as well as implement concrete infrastrucThe
COUNCILLOR
Let the Games begin This year’s Kenya Inter Municipalities Sports and Cultural Association (KIMSCA) Games are to be held in Kakamega from 12th to 19th August. Mayor of Kakamega Municipality, Mathias Sichere who is also the Deputy Patron of KIMSCA said that the council will team up with the local chapter of the Kenya National Chambers of Commerce and Industry to request traders on how they should treat the more than 10,000 participants expected. “We are also checking the condition of various stadia where the event will be held with Bukhungu stadium and other venues including Kakamega high school pitches undergoing renovation,” he said. Last year, the sports activity which brings together stakeholders in the local government sector was held in Meru.
New courses on county governance launched Kenya’s devolution implementation programme has received considerable boost following Jomo Kenyatta University of Agriculture and Technology’s decision to develop two new courses on County Governance at Certificate and Diploma levels that are aimed at empowering targeted officials to serve the newly established counties. The arrangement to be jointly managed by JKUAT and the Association of Local Government Authority of Kenya (ALGAK) was sealed in Mombasa recently by Prof. Mabel Imbuga, the Vice chancellor and Mr. Tarayia Kores, Chairman of ALGAK at a ceremony officiated by Hon. Musalia Mudavadi, Deputy Prime Minister and former Minister for Local Government. Hon Mudavadi commended the University for the initiative which he said would address the challenge of lack of capacity building that the new counties are likely to face when they are created next year. “The constitutional dispensation requires a new breed of skilled manpower particularly on governance that will ensure smooth service delivery to the citizenry,” Mudavadi said. On her part Prof. Imbuga told the meeting, attended by a cross section of mayors and councilors drawn from the country’s counties, that the project was part of a strategy for JKUAT to attain some of its objectives particularly in the development of research and technology in conjunction with the industry. As a university, she added, “we are at the forefront in providing extension services to contribute to social and economic development.” The VC said the courses mainly focus on specific governance areas in the implementation of a number of programmes such as Project Management, Research and Innovation and Business Process Outsourcing (BPO) that are crucial in wealth creation agenda at the grassroots. The programs, she added, had been developed through wide consultations, intensive training needs assessment and bench marking with best practices with other universities in the world. “In providing these programmes, JKUAT is offering you the opportunity to develop competencies and be effective in the practice of county governance,” she added. Meanwhile, the Kenya College of Accountancy (KCA) University recently also launched a county management course and will train civic leaders on leadership and service delivery while ensuring integrity, fairness and transparency in running county governments. The event was officiated by Amb. PRO Owase (pictured above) on behalf of Hon. Gumo. Amb at a Nairobi hotel. Amb. Owade is the Secretary Local Authorities Administration (SLAA) in the Ministry of Local Government.
ture projects.” Further funding will be provided to the ministry through the debt SWAP in the next financial year. The Korogocho Slum Upgrading Programme will be shared during the Sixth World Urban Forum (WUF VI) scheduled for Naples, Italy in September, 2012. “To this end I appeal to the Italian Government to sponsor a few of the people who have been participating in the programme to show case the achievements made in WUF VI,” added the minister. The
COUNCILLOR
41
URBAN HOUSING
Saving the
MASSES
The recent horrific rock fall in Mathare slum, which flattened shacks and claimed lives of eight lives has yet again brought deplorable living conditions in informal settlements into sharp focus.
42
The
COUNCILLOR
N
airobi is home to some of the dense unhygienic and insecure slums in the world. Almost half of the city’s population live in well over a hundred slums and squatter settlements with little or inadequate access to safe water and sanitation. Little wonder then that the slums areas perpetually hit the headlines for all wrong reasons on account of being severely hit by a hurricane of disasters- natural or man-made. A meeting by President Daniel arap Moi and the Executive Director of the UN-HABITAT in November 2000 resulted to the launch of Kenya Slum Upgrading Project (KENSUP). Kiberaarguably the largest slum in Africawas given priority. This effectively meant that the shacks and shanties were to be replaced by decent houses and owners stood to benefit. Apparently the programme is moving at a snail’s pace with the first phase completed not long ago marred by the controversy of ownership.
Government are the major stakeholders mandated with the noble task of implementing this ambitious project that if well executed will place Kenya on the flight path to scale middle class social status as envisaged in the much- hyped development blue print Vision 2030. The success of the slum upgrading programme and whether it actually meets its set target of benefiting slum dwellers and ridding our cities of slums is questionable since the beneficiaries rent out their new houses and somehow find their way back to the slums. This tendency defeats the core purpose of slum upgrading programme. The policies
being employed in slum upgrading must be revised. The slum dwellers should be economically empowered. When this is achieved, the upgrading process should be undertaken with streamlined procedures on who owns what. If this be the case then the slum dwellers will not have to rent out their houses as they would be well placed to cater for their rents. To ease this budget the government ought to streamline legal procedures in land ownership. The National Housing Corporation and city councils should provide incentives and subsidy to private investors to expedite and streamline the upgrading process.
SLUM UPGRADING: President Mwai Kibaki (centre), accompanied by Prime Minister Raila Odinga, Housing minister Soita Shitanda and his assistant Margaret Wanjiru among others view a model of the Kibera People Settlement Development project during it’s launch. The Ksh. 3 billion project will see construction of 900 housing units in the area (top). Phase I of Kibera Slum Upgrading Project in Soweto (below).
“The success of the slum upgrading programme and whether it actually meets its set target of benefiting slum dwellers and ridding our cities of slums is questionable since the beneficiaries rent out their new houses and somehow find their way back to the slums.” President Mwai Kibaki has since launched another phase. The program is being funded by credible and financially wee endowed bodies such as HABITAT, World Bank Cities Alliance and the government hence it raises eyebrows why it wheels so slowly. The Ministries of Roads, Housing, Lands and Local
In the next
Focus on KITUI and NAROK COUNTIES Find out more about INVESTMENT OPPORTUNITIES and HIDDEN TREASURES in these two counties... PLUS news and views from other counties as well.
The
COUNCILLOR
43
PICTURE SPEAK
COURSES : Participants follow proceedings during the launch of county governance courses for county administrators by the Kenya College of Accountancy (KCA) University at a Nairobi hotel.
FLAG OFF : Acting Minister for local Government Mr Fred Gumo flags off one of the 16 Utility Vehicles for the Kenya Municipal Program at Jogoo House on July 5. The program, with a budget allocation of US$ 165 Million (Sh14 billion), has been developed by the Kenya government with support from World bank, the Agence Francaise de Development (AFD), and the Swedish International Development Cooperation Agency (SIDA).
COUNCIL CHAMBERS: Acting Local Government Minister Mr Fred Gumo unveils the plaque commemorating the official opening of Nakuru County Council chambers which was constructed at a cost of Sh27 million. The county is the first in the country to build chambers in preparation for the devolved government after March 4, 2013 General Elections.
DANCE: ALGAK chairman Mr.Tarayia Ole Kores being lifted to the main podium after being re-elected the Association’s chairman at its annual meeting at Sai Rock Hotel in Mombasa.
PRESIDENTIAL AWARD: Acting Minister for Local Government Fred Gumo assisted by the Director of Administration in the Ministry Mr. Hassan Noor Hassan, presents a Presidential OGW Award to the LAPTRUST CEO Mr. Hosea Kili (center) at the Ministry’s Headquarters Jogoo House in Nairobi on 3rd July 2012.
44
The
COUNCILLOR
DEFINING THE VALUE FOR RETIREMENT SAVING Laptrust Administration Services is setting a high standard for the industry and is the only retirement benefit in the region to fully automate operations. Not only has it adopted an innovative system that has converted it into a paperless office but has also streamlined and improved its effectiveness in service delivery to its customers by implementing a Quality Management System based on ISO 9001:2008 standard. Laptrust Administration service Ltd is a leading player in the retirement benefits industry that has made great strides in ensuring that east Africa citizens are covered in saving for their retirement. The institution has expanded in the last seven years and boasts flexible products that are able to cater for a diverse clientele. It has 26,000 members and a fund close to 17 billion. Currently, the fund operates Laptrust DB scheme and Laptrust DC scheme. Contribution rates are 12% of gross salary for the employee and 15% by the employer for DB scheme and for DC, employee contributes a minimum of 5% and maximum employer can contribute stands at 20%. Membership is not closed but limited to employees of local authorities & associated organisations for DB and is open to all willing employers (sponsors) and employees in DC. The newly introduced Defined Contribution scheme is a highlight in the product portfolio, offering flexible saving options for employees in both public and private sector. Under this arrangement, a member and his/her employer contribute to the retirement scheme, interest is earned on the invested pooled contributions and the amount paid out as a lumpsum or lumpsum and monthly payment upon the employee’s retirement. The drive to recruit more members under the defined contribution retirement benefits scheme is in line with the fund’s vision, “To be the leading provider of comprehensive retirement benefits and financial services in Eastern Africa”. Since its establishment, Laptrust has undertaken recruitment, member education, collection of contributions, investments and payment of benefits to its members. The Managing Director Hosea K. Kili asserts that excellent customer service and the wide range of unprecedented benefits available to members of its Defined Contribution scheme comprise a competitive advantage.
The Managing Director Laptrust, Mr. Hosea Kili proudly displaying the ISO certificate and Champions of Governance awards, Some of Laptrust’s celebrated achievements for the past year.
Retirement is your destination, Choose the right road. An early start to saving for your future yields a pension for life at retirement. Talk to us today. LAPTRUST House, 6th Floor, Haile Selassie Avenue Tel: 254-020-2046901-5 Mobile: 0720-433 354/ 0735-763 293 E-mail: mt@laptrust.or.ke
www.laptrust.or.ke