Reject Online Issue 18

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

June 1-15, 2010

ISSUE 018

Death knell sounded for nursery schools

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

By Ryan Mathenge

Soon there will be no admissions to nursery schools in Central Province. There are no children being born in the area and lack of three to five year olds — the age

group recommended for nursery school admission — is becoming a reality.

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

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

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

According to the National Council of Women in Kenya (NCWK) Murang’a region coordinator, Ms Jane Kamwaga, many of the maternity wards constructed using Constituency Development Funds are likely to be rendered irrelevant as no-body is using them.

And it is not that women are into fam-ily planning. The problem is that men are consuming too much of illicit brews that their sexual performance has been re-duced to nil.

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

high consumption of second generation brews,” says Kamwaga.

She adds: “There are no children be-ing born as most men are normally too drunk to engage in any sexual activ-ity. This means that there are no chil-dren joining kindergarten and nursery schools.”

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

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

Continued on page 2

Government intensifies

war onillegal drinks

By DaviD KiaRie

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

The Eastern Provincial Commis-sioner, Ms Claire Omollo, did not dis-close the form and size of the reward, but pointed out that DCs will be re-warded for shutting down beer dens, par-ticularly those located close to schools. “The Minister for Education threw a chal-lenge at us sometime last year to close down bars and pubs near educational in-stitutions, but I am yet to receive any report on the closure of such businesses in the province,” Omollo said as she reiterated the order to local DCs.

Speaking in Embu town during the launch of the third phase of Rapid Re-sult Initiative, the PC threatened to sack chiefs and their assistants if they allow il-licit brewing in their areas of operation.

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

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

YES NO

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

Pages3-8

Special Report on Referendum

2 U n f i l t e r e d , u n i n h i b i t e d … . j u s t t h e g r u e s o m e t r u t h ISSUE 018, June 1-15, 2010

Children’s home calls for help

By BenDaRO tSUMa

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

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

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

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

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

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

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

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

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

Death knell sounded for kindergartensContinued from page 1

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

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

School closureThese views are reinforced by the District

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

Subsequently, Salat has ordered the im-mediate closure of 20 per cent of all beer outlets located close to learning institu-tions and residential areas in the district. He accuses the proprietors of contraven-ing liquor licensing regulations by selling alcohol to students, while their premises harboured criminals.

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

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

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

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

alcohol abuseThe Kenol Market in Murang’a South

District is gaining the notoriety of playing host to juvenile beer drinkers that include many in school uniform.

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

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

Last year, 16 female students from Chuka were arrested in the same bar as they drank beer. They were bundled into police cells after women leaders alerted administration police of the incident. Some of the drunken students are alleged to have started undressing in public.

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

HIV carriersat risk of

relapsing as project faces

closure

By SaiDa aROMa

The future of more than 300 HIV infected persons in five locations of Lamu archipel-ago is uncertain.

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

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

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

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

Constant assistanceThe infected persons and their fami-

lies in Langoni, Mkomani, Shella/Manda, Mokowe in Faza West and Faza in Lamu East will no longer have a bright future since most of them are poor and need con-stant assistance.

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

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

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

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

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

local administrators.The Murang’a South Acting police

boss, Mr Jonathan Ngala, has warned bar owners against entertaining students in their premises.

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

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

“Bar owners must take responsibility for what happens in their premises and those selling alcohol to underage customers will carry their own cross,” Karuri warned. His views are echoed by Mr James Kamau, a parent who lives near the bar, and who has on several occasions blown the whistle on the illegal practice.

“On two occasions, I have alerted the po-lice on the presence of students making mer-ry in the bar,” Kamau said. He added: “The arrested students are usually released with-out charges being preferred against them.” However, he questioned why the police do not arrest bar owners.

interventionA teacher at Githunguri Girls’ Second-

ary School in Kandara District, Ms Beth Githaiga, urged residents to be on the look-out and report any students misbehaving on their way home for holiday breaks.

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

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

A man who has been brewing illegal alcohol is arrested by the police. Inset:

Bottles of second generation brews that have rendered most men impotent.

Photo: Ryan Mathenge

3U n f i l t e r e d , u n i n h i b i t e d … . j u s t t h e g r u e s o m e t r u t hISSUE 018, June 1-15, 2010

Continued on page 4

Heavy task aheadCivic education must correct misinformation on proposed law

Christians disagree over new

Constitution By Ryan Mathenge

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

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

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

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

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

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

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

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

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

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

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

By iBRahiM ORUKO

Jane Adema is scared. The 58 year old resi-dent of Kibera is scared of the impending referendum on the proposed constitution. She is already planning to leave the city come July 25, ahead of the polling on Au-gust 4.

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

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

hint of regret“My husband has made it clear that I

must leave the city during the duration of polling. He does not want us to go through what we experienced in December 2007,” she explains, without a hint of regret.

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

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

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

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

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

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

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

Remove cobwebs“This is not an occasion for any person

to mobilise another. You have to read the document. It is time to remove the cob-webs,” Kitonga said.

He reiterated the importance of listen-ing to civic educators for one to make an informed decision.

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

Being the first poll after the 2007 dis-

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

Disenfranchising votersThe expected exodus from Kibera and

other regions that were flashpoints are a danger to democracy and only helps in disenfranchising voters.

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

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

The purpose of civic education pro-gramme as laid out in the CoE regula-tions is to explain to the people what the proposed Constitution is all about, what the disputed clauses actually mean and why some people may be bent on misin-terpreting the articles.

REfERENDuM YES NO

Hundreds to miss out on referendum By Faith MUiRURi

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

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

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

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

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

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

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

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


Continued from page 3

Shifting ground on contentious issuesBy MUaSya ChaRleS

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

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

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

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

issue of landWomen from the region who attended

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

One woman from Machakos who re-quested anonymity, said the issue of abor-tion and the Kadhi’s Courts might not pose a problem. “Land is the unspoken conten-tious issue here,” she said.

However, Mutito Member of Parliament, Mr Kiema Kilonzo is the only legislator in the region who has joined the Higher Edu-cation Minister, Mr William Ruto in op-posing the proposed Constitution.

Kilonzo reiterated that Ukambani will continue to be marginalised if the pro-posed Constitution was passed in its cur-rent format.

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

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

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

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

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

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

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

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

enjoy resources“Land held in trust by local authorities

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

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

nod to documentBy DaviD KiaRie

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

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

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

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

Civic education kicks off

in MwingiBy PaUl KiManzi

Civic education on the proposed Constitu-tion for Lower Eastern Province kicked off in earnest in Mwingi town immediately af-ter the exercise was launched by the Com-mittee of Experts.

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

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

Right informationShe says plans are underway to form

various public barazas on the Constitution especially in the interiors of the lower East-ern so that the residents can get the right information.

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

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

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

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

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

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

Akinyi has been locked out of the just concluded voter registration due to lack of an ID card. This is because Interim Inde-pendent Review Commission (IIEC) in-sists voters must have an ID card or pass-port to be registered.

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

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

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

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

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

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

Data available at the Immigration de-partment reveals that about 301,971 IDs are still lying uncollected in various cen-tres in the country.

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

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

Hundreds to miss out on referendum

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

Picture: Muasya Charles

REfERENDuM YES NO


Women must read proposed Constitution, advises Mbarire

By DaviD KiaRie

The MP for Runyenjes, Ms Cecily Mbarire has termed claims by re-ligious leaders that the proposed

Constitution allows for abortion as mis-leading.

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

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

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

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

On the issue of a medical practitioner authorising an abortion, Mbarire said it is only they that are charged with the responsibility to determine whether the health of a woman is in danger and carry

out treatment. She dismissed those who are using

the issue of abortion to campaign against the proposed Constitution and accused them of not taking the life and health of women at heart.

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

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

“It is only through attending such edu-cative meetings that you can understand the proposed Constitution and make in-formed decisions,” advised the MP.

On the Representation clause, Mbar-ire who is also the Assistant Minister for Tourism, said the proposed Constitution recognises the position of women in so-ciety, noting that women will be better represented than before if the new Con-stitution is adopted.

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

— MP for Runyenjes, Ms Cecily Mbarire

New document better than the old one,says Gitari

By DaviD KiaRie

Retired Anglican Church of Kenya Arch-bishop David Gitari has maintained his stand to support the proposed Constitu-tion.

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

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

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

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

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

Kenyans must, however, read and un-derstand the proposed Constitution in or-der to take part in the coming referendum from an informed position.

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

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

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

He said the Kadhi’s Courts clause should not be entrenched in the Constitu-tion and took issue with the omission of the statement “all religions shall be equal”. Other issues the clergy felt ought to have been addressed include that of Kenya be-ing signatory to some international con-ventions, some of which they claim sup-port same sex marriage and abortion.

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

They also dismissed a recent opinion poll result that showed 64 percent of Ken-yans would support the proposed Con-stitution, with only 17 percent opposing. They claimed many polls are not genuine.

REfERENDuM YES NO

Residents welcome symbols for referendum By ODhiaMBO ODhiaMBO

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

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

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

ing Kenyans to violence. He hoped the colour symbols would not divide Kenyans as

was the case with the Orange and Banana in the 2005 referen-dum.

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

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

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

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


Money for civic

education not yet out

By MUaSya ChaRleS

Civic education for the referendum on the proposed Constitution may grind to a halt due

to lack of funds. Personnel con-tracted to carry out the exercise in Kitui say unless urgent measures are taken to empower them finan-cially, it will be difficult for them to carry out the work effectively.

Scores of civic educators said though they made adequate ar-rangements with the provincial administration for public meetings to educate wananchi, the Commit-tee of Experts (CoE) is yet to re-lease money for mobilisation.

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

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

lack of interestA spot check on some of the

meetings, however, showed low attendance which the educators at-tribute to lack of interest or igno-rance by the public.

Ndingi called for change of at-titude asserting that leaders should take the lead in educating the peo-ple on the importance of the Con-stitution.

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

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

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

He, however, appealed to resi-dents in the area to use civic edu-cation forums to get to know their rights in constitution making.

New law to bring justice to the Coast By JaCKSOn MleKa

The proposed Constitution is good, especially for the people from the Coast region. This is be-cause it will emancipate them from decades of po-litical and economic marginalisation and neglect.

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

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

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

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

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

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

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

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

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

Bar maids and commercials sex workers remain the forgotten few

By WaiKWa Maina

Special interest groups have either been ignored or forgotten in the ongoing con-stitution review.

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

Among the forgotten groups are bar attendants and commercial sex workers. In Central and Eastern provinces, these marginalized groups say they either have no information or have received conflict-ing information. They say their stand on the proposed Constitution keeps changing everyday depending on whom they are as-sociating with.

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

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

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

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

Lack of a recognised groups or associa-tions by these groups may have contribut-ed to their being left out on national issues that affect their lives.

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

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

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

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

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

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

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

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

“What difference will it make? My im-mediate problem is how I can get a customer. I have children to feed and that is what mat-ters to me most,” said the commercial sex worker who did not want to give her name. She said, however, that she would gladly at-tend any civic education forum if invited.

REfERENDuM YES NO

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


REfERENDuM YES NO

IDPs worried more about leaking tentsBy geORge MURage

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

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

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

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

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

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

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

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

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

various campsA closer look establishes that what looks

like a newspaper, is indeed a copy of the proposed constitution that was distributed in the local newspapers last week.

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

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

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

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

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

Many of the IDPs do not trust the poli-ticians. They accuse them of being respon-sible for their suffering.

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

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

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

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

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

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

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

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

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

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

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

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

Maina who was evicted from his rented home in Eldoret at the height of the vio-lence says the proposed law is much bet-ter than the current constitution.

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

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

Ghost of post election violence returns to haunt

ing he supports the appointment of non-MPs as ministers.

“Many of the ministers are not profes-sionals and they have ended up mislead-ing powerful ministries that they do not understand how they operate,” Maina says.

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

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

This surpasses the target of 138,286. And with 127 polling stations in the vast district, this is the number of voters ex-pected to participate in the referendum.

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

By Faith MUiRURi

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

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

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

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

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

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

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

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

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

Meyo says that past experiences have shown that the Govern-ment’s commitment to tackle impunity is weak as political conse-quences often tramp the desire for justice.

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

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

Women who were displaced in post election violence receive assistance from well wishers. Most of them are not keen about the constitution review. Picture: George Murage


REfERENDuM YES NO

Identification challenges in the NorthBy aBJata KhaliF

As civic education on the pro-posed Constitution gains mo-mentum, communities in north-ern Kenya are watching the clause on citizenship with a lot of interest.

The residents who practice patoralist way of life are par-ticularly interested with Article 16 of the proposed Constitution which states: “A citizen by birth does not lose citizenship by ac-quiring the citizenship of anoth-er country.”

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

The suspicion against local communities in the remote prov-ince emanates from the percep-tion that the local communities inform and mobilise their cous-ins in Somalia to apply for IDs and appear for vetting.

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

locals sufferIn January 2007, the Kenyan govern-

ment closed the Kenya-Somalia border due to security threats. This action was necessitated by claims that foreigners were acquiring national identity cards with ease while locals had to suffer before they could get IDs.

Locals in the north view the clause on dual citizenship as one that will apply only to persons from other countries and not Somalia in acquiring Kenyan identity documents.

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

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

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

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

tity cards after bribing those charged with vetting and interviewing new ap-plicants.

The vetting committee includes the District Officer, District Registrar of Per-sons, an intelligence officer, a Criminal Investigation Department officer, some-times immigration officers, area chief and local elder.

Elders are charged with responsibil-ity of establishing if an applicant was born in the area and counterchecking the family of the applicant with a view to ensuring the applicant is a local per-son.

“The committees oppress Kenyans and only serve rich aliens,” said Mr Da-gane Siyat, a former Wajir South Coun-cillor.

Refugee camps“From the refugee camps, foreigners

monitor the dates when the vetting com-mittees plan to hold sittings and they land like vultures,” said a Mr Kabahai says. “They are even coached about the areas they will claim to have come from. The practice has denied genuine Kenyans the opportunity to own an ID.”

However, there are those who agree that dual citizenship will help many people from northern Kenya. Yarrow said: “The proposed constitution is good compared to the current one as it guarantees dual citizenship.” He added: “We call on the government to also con-sider our cousins and brothers living on the other side of Somalia border in ac-quiring dual nationality.

Youth claim discriminationBy aBJata KhaliF

Youth in northern Kenya claim commit-tee members charged with vetting tend to ignore applicants born and brought up in the region

Local youth have suffered a lot as they see other people acquiring citizenship while those with the constitutional right of acquiring national identification card are denied,” said Mr Abdullahi Yarrow.

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

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

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

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

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

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

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

Foreigners registered“When foreigners are registered, the

same residents who helped them acquire the documents shout the loudest on real-ising aliens are competing with them for jobs, business and property rights,” said Mr James ole Seriani, North Eastern Pro-vincial Commissioner.

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

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

However due to various claims that the issuance of national identity cards is rid-dled with discrimination and corruption, the government has disbanded all the lo-cal vetting committees to enable it estab-lish transparent vetting committees.

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


Principal chief Jamal Mzee Fankurpy sits on the top throne of chieftaincy

By BenDaRO tSUMa

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

He stands out prominently and I no-tice that his uniform does not resemble that of a common chief, although it sure-ly is one for an administrative officer.

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

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

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

tourWe are on day one of an intensive tour

of Lamu District organised by the Coast Provincial Commissioner, Mr Ernest Munyi. The PC is accompanied by 90 pro-vincial heads of departments to the district for this tour dubbed “annual exploration”.

The aim of the trip is to expose the offic-ers so they can respond to questions from the public regarding the various ministries. The tour would include, if time allowed, visits to all islands in the district, including those far-flung like Faza, Kizingitini, Mbwa-jumali, Pate, Manda, Ndau, Kiwayuu, Ras-ini, Tchundwa, Siyu, Shanga Rubu, Shanga Ishakani and Myabogi among others.

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

I ask him to narrate his life to The Re-ject. But why is Jamal referred to as prin-cipal chief?

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

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

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

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

However, Michuki was soon transferred

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

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

Kenya-Somali borderJamal is said to have worked during the

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

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

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

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

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

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

In 1963, Kiunga was attacked by So-mali insurgents and four villages com-pletely razed to the ground. The town was deserted and IDPs trooped back in 1969 to rebuild the present town.

The former primary school teacher, joined the provincial administration in 2005 as assistant chief Grade Two mov-ing to Grade One within one year. At the time, there was no chief in the troubled Kiunga area as many, including local peo-ple, were afraid of taking up the position.

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

experienced coxswainOutside administrative work, Jamal is a

qualified coxswain and businessman. He sails his own speed boat.

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

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

Mlango wa Tano is 167 nautical miles from Kiunga to Lamu. It takes between three and four hours by speed boat and be-tween eight to 12 hours by ordinary boats. “I later changed to transport business and in partnership with friends we owned six speed boats,” he says, adding, “When the industry was flooded with 30 boats, I quit. I sold two boats and remained with one.”

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

What is the secret behind his outstand-ing success?

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

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

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

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

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

“Hard work, dedication to duty day and night, and reliance on God. Be straight in your life, avoid corruption

and never take anything from a poor man after serving him. Do this and God will help you.”

Lamu District Principal Chief Jamal Mzee fankurpy displays his skills as a coxswain and (inset) the

chief in his full uniform. Pictures: Bendaro Tsuma


Motorists turn to cheaper bio-diesel

Second cane factory to ease farmers’ concerns Residents root for water at

the expense of other projects

By Joseph Mukubwa

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

Retailing at KSh65 a litre, the bio-diesel is cheaper than conventional fuel, making it attractive to consumers. Cur-rently conventional fuel costs between KSh85 and KSh93 and is set to rise.

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

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

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

PartnershipAccording to the officials, the project

has so far entered into a profitable partner-ship with local farmers to supply the seeds that contain 30 to 36 per cent oil content.

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

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

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

“It is cheap and safe for our engines. This is what we have been looking for,” said Francis Ngatia, a matatu driver as his ve-hicle refills at the Enterprise Development Centre pump in Naromoru, Kieni East District.

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

BenefitsThe fuel is good even when mixed with

petroleum diesel. “It improves engine ef-ficiency and also serves as a good lubri-cant,” said Mr Kabugi Gichuki, a tour operator as he too replenished his vehicle. It is a ritual he undertakes on his weekly returns home from his Nairobi base.

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

“The fuel is cheap, environment friend-ly and has less soot compared to the fossil fuel. I have been using it for the last few months and there are no detrimental ef-fects on the performance,” said Mr Ber-nard Muchiri, the project’s director.

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

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

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

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

farmers at KSh18 per kilo. The centre now requires 1.6 tonnes of

seed which is bought at KSh18 per kg (cot-ton), and KSh15 (rape-seed) from farmers in Central and Eastern provinces.

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

By niChOlaS ODhiaMBO

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

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

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

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

Payments“We shall ensure it does not take more

than a week before farmers get paid. What they should do is to grow sugarcane and collect money,” said Mr Sunir Patel.

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

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

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

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

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

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

Security“We are happy that the Government has

given funds for security to be taken care of. We are soon having a police post and a se-curity airstrip here,” said Ojode. The chair-person of Kenya Sugar Board Mr Okoth Obado urged local farmers to support the venture by increasing their acreage under cane.

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

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

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

By Ryan Mathenge

KIGUMO Constituency Development Fund has set aside KSh18 million to fi-nance a giant water project to serve low-er parts of the district.

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

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

“Residents have asked for water. Other programmes such as expand-ing classrooms will follow,” asserted the MP, noting that usage of water fetched from polluted sources contributed to the spread of water-borne diseases, es-pecially among the children.

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

They have vowed to stop the takeover of the project without a written agree-ment, or compensation for their invest-ment. The resolution was made at Kar-inga Market, Kinyona Location.

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

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

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

The DC blamed the stalemate on fail-ure by the water company officials to di-alogue with consumers as they were yet to be briefed as to why they were being diverted to the service line.

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

A worker from the Self Help Centre assists to fuel a matatu with bio-

diesel at Narumoru in Nyeri North district. (Inset) The factory where

biodiesel is manufactured. Pictures: Joseph Mukubwa.


Girl, 12, dies in botched up fGM...as Agnes Pareiyo continues to battle the outdated Maasai tradition

By KaBia Matega

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

The 12-year old girl had died from ex-cess bleeding after undergoing the crude operation carried out by a traditional cir-cumciser. The girl was the secretly buried. However, responsible citizens informed the government and the body was exhumed.

According to Dr Gerishon Abakalwa, who witnessed the exhumation of the body, the girl died from excessive bleed-ing as a result of the outdated Maasai cul-tural ritual. Female Genital Mutilation is performed secretly in the deep rural ar-eas of Narok, in the expansive Rift Valley Province.

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

Rescue centreThe day-long memorial service for Sa-

siano held recently held at Tasaru Girls’ Rescue Centre in Narok town, left almost everybody in attendance sobbing uncon-trollably as girls at the rescue centre nar-rated the torture some of them under-went in the hands of their own parents or guardians.

“Before we found our way to our cur-rent home (rescue centre), we had to se-cretly tip-off our rescuers or organise es-cape missions ourselves, after it leaked to us that plans were being made to have us circumcised and later married off at the expense of our education,” said Kaarie Sa-risar amidst sobs.

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

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

the cut“I was still sleeping when suddenly, a

group of women surrounded me and with-out wasting time, two strong arms firmly pinned me down, as others undressed me ready for the ‘cut’,” explains Nashipai En-teret, 13.

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

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

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

The gathering at the memorial service heard how the Sasiano’s body was hur-riedly buried in a shallow grave in her fa-ther’s farm in a bid to conceal her death. However, those behind the illegal plan were not lucky as hours later, Pareiyo was informed of the incident and she immedi-ately moved into action.

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

Sasiano’s father and the circumciser were arrested and charged at a Narok court with the murder of the girl and for subjecting an underage child to forced circumcision in violation of the Chil-dren’s Act.

However, after a long legal battle in-volving several stakeholders among them human rights’ groups, the murder charge against the two suspects was reduced to manslaughter.

Equality Now, an international organi-sation that champions the rights of the girl-child, enjoined in the case and fund-ed the protracted legal representation for

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

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

PoliticsA non-apologetic Pareiyo, ignored re-

sistance that has always put on her on a collision with Maasai men who view wom-en as lesser beings. She plunged headlong into politics alongside her anti-FGM cru-sade, and is currently serving her second term as an elected civic leader for Sakutiek Ward.

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

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

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

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

Equality Now Africa Regional Direc-tor, Ms Faiza Jama Mohamed, who at-tended the memorial service, appreciated the role the new Children’s Act was play-ing in ensuring the arrest and prosecution of child abusers as demonstrated in the Narok case.

education kittyMoved to tears by the success of the

case, Pareiyo told the gathering how her organisation’s education kitty has been over stretched because of the ever increas-ing number of girls who seek refuge after escaping from forced marriages and FGM.

“My education kitty is currently tak-ing care of 148 pupils in primary boarding schools, 48 in secondary, two in the local universities and one in a teacher training college, beside several others who have enrolled in village polytechnics,” she ex-plained.

Pareiyo is a women’s rights crusader, who was in 2005 named the United Na-tions Woman of the Year for her anti-FGM role.

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

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

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

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

director of the Centre. Picture: Kabia Matega


Defending girls from retrogressive culture

By eliUD WaithaKa

Women’s emancipation may remain a big dream if cultures that stagnate their advancement continue in certain com-munities.

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

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

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

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

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

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

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

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

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

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

FearsThe head teacher of Soit Oudo Pri-

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

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

Laikipia North District Commission-er, Mr Caleb Ongoma, has been at the forefront in instilling some sense of “ma-turity” among parents, including threat-ening to arrest and prosecute those who violate the law. Forceful marrying off of girls under the age of 18 has been out-lawed by the Children’s Act 2001.

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

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

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

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

eradicating fgmYiaku People’s Association has kicked

off a campaign aimed at eradicating fe-male genital mutilation, or “the cut”, as it is popularly known through introduction of a non-harmful alternative rite of passage.

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

The Yiaku are just among other groups that operate in the region with the aim of reducing illiteracy among women. One such group is the Ilamaiyo Founda-tion — a youth organisation, pays full sec-ondary school fees for the best performing girls in the Kenya Certificate of Primary Education (KCPE) examinations.

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

It was founded in 2001 and registered

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

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

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

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

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

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

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

Continued on page 13

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

laments Koinante.

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


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

Dr Joseph ole Sarioyo, who is the Ila-maiyo chairman, says despite the ben-efits that the community would reap from dropping some of the practices, the fight against FGM has been challenging.

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

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

The worst awaits a girl who falls preg-nant before undergoing circumcision. Dubbed Ntaapai, such a woman is thrown out of the family compound through the fence, to allegedly cast off the curse from the home.

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

Youth fight to defend girls from cultural oppressionContinued from page 12

Quest to reclaim sacred sanctuary By WilFReD MUChiRe

The story is a chronicle of the trials and tribulations of a distressed community that resides around a sacred ancestral heritage that defines their being and sup-ports their livelihood.

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

And a book depicting past and current troubles residents have faced in their at-tempts to protect their sacred hill in cen-tral Kenya, has hit the shelves.

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

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

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

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

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

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

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

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

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

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

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

Climate change“Weather patterns have greatly changed.

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

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

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

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

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

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

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

The community is demanding owner-ship of the hill to manage and save it from ongoing destruction, a request the authori-ties have dismissed, claiming the local peo-ple lack the capacity.

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

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

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

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

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

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

some of their most revered shrines, includ-ing their fords, salt licks, graveyards, danc-ing grounds and rivers. They were subse-quently forced to live in relatively limited grazing areas with their livestock.

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

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

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

The move was halted after the Govern-ment agreed to a dialogue with the com-munity, and a committee was then formed to look into their grievances.

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

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

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

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

“I would not allow my son to marry a uncircumcised girl, since I would be caught by the curse, as well as my hus-band and other children,” says Lemereru. Lemereru adds: “This is against the culture and traditions of the Maasai community. Since time immemorial, the Maasai have been circumcising their girls. We accept that they be cut at an early age so that they can then proceed with their education.”

Another local old timer, Mr Konana Rana says it is possible to discard other practices, but hard for FGM. “We have ac-cepted to educate our children, but we re-main unconvinced, why we should discard the female cut. Boys should not marry un-circumcised girls,” says Rana.

“I understand the elders are adamant,

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

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

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

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

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

“Stringent traditions were handed down to successive generations to ensure the sanctuary retained its status as the

community’s source of social and cultural identity.”


Report exposes massive looting of devolved funds By MUSa RaDOli

Rampant mismanagement, cor-ruption and outright looting of public funds is immobilising the country’s 13 national devolved

fund offices, defeating the purpose of tak-ing resources to the grassroots.

Mismanaged fundsThe funds which receive billions of shil-

lings in annual budgetary allocations, are losing the monies due to the absence of checks and balances to stem the vice.

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

The control of the devolved funds at constituency level exists only in name. Ac-cording to a report just released, the Cen-tral Government’s continued control of the funds, has bred within it, rampant corrup-tion, cronyism and gross indiscipline in the way the funds are managed.

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

ResearchThe research was conducted in one

constituency, randomly selected in all the country’s eight provinces.

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

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

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

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

It states that the successive decentralisa-tion policies that have been developed in the country over the years, have been per-sistently ad hoc, with vast political motiva-tions within the ruling regime of the day.

The funds, it further states, were ex-pressly created, mostly for political expe-diency without consulting the intended beneficiaries and the tax payers.

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

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

According to the report, the Kenya Hu-man Rights Commission (KHRC) in col-laboration with the Social and Public Ac-countability Network (SPAN), apart from the interviews conducted during the re-search also performed comparative analy-ses on devolution experiences from other countries.

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

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

The final report says that failure by con-secutive Governments to safeguard the de-volved funds from political manipulation, had resulted in rampant duplication.

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

Unequitable distributionThe report declares: “Our research

has established beyond reasonable doubt that human and financial resources were spread un-economically too thinly across numerous funds in the ongoing projects in many cases.

This rendered them ineffective and dif-ficult to monitor, evaluate or even man-age. This blurs the accountability and oversight mechanisms that may be in ex-istence – if any.

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

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

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

MistrustIt argues that this has brought into ques-

tion the State legitimacy, and entrenched the ordinary people’s mistrust in state or-gans and institutions linked to these de-volved funds.

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

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

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

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

It attributes this to weak monitoring

and evaluation, unhealthy competition between the local authorities (LATF han-dlers) and members of the Constituency Development Fund Committees (CD-FCs) and line government ministries’ de-partments, among others.

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

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

It remains to be seen if the proposals that have since been forwarded to the Fi-nance ministry, will be adopted and imple-mented as a whole, as recommended by the Planning ministry.

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

turn-overPlanning Assistant Minister, Mr Peter

Kenneth, says the new framework pro-posals stem from the fact that the minis-try recognises the dearth of proper mech-anisms for harmonization of the priorities of the country’s devolved funds.

Says Kenneth: “We are talking of the funds at the constituency level, as well as those funds that are sent directly to the district coffers by various ministries from the headquarters, including funds from other sources such as the local authorities and the NGOs.”

He argues that the rationale behind the proposed new management frame-work, is the enhanced coordination of the multi-sector stakeholders’ development efforts, improved governance, increased information flow between the constituen-cies, the ministry headquarters and other stakeholders.

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

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

rampant duplication.”


East Africa opens upCommon man happy with agreement that will ease trade across the borders

By ODhiaMBO ODhiaMBO & OlOO JanaK

Residents and traders at the Isebania bor-der of Kenya and Tanzania are elated at the prospects of a full implementation of the new market protocol in East Africa saying it would trigger faster socio-economic de-velopment in the region.

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

Border tradersBoth Kenyan and Tanzanian traders

operating at the border town have asked their governments to sensitise border of-ficials on the provisions of the new trea-ty since most of them appeared ignorant of what the protocol entailed.

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

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

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

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

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

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

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

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

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

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

A Tanzanian national from Tarime Dis-trict, Mr Mohamed Issa, says Kenyan Im-migration and Revenue Authority officials were still “harassing and intimidating for-eigners at the border post as if no agree-ment has been signed.”

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

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

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

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

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

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

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

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

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

He said the Attorney General, Mr Amos Wako will be asked to table a Miscellane-ous Amendment Bill in Parliament to cap-ture the new realities.

SecurityNalo said the member states were work-

ing on a joint social security scheme to benefit citizens in the region. With the free movement of workers from the member countries, it has become necessary for the nations to address the social security as-pect of their people.

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

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

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

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

The custom union became effective

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

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

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

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

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

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

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

Executive Director: Rosemary Okello-Orlale Programme Coordinator: Wilson ugangu Programme Officer: florence Sipalla Programme Assistant: Mercy Mumo Editor: Jane Godia Designer: Noel Lumbama Copy Editor: frank Ojiambo Contributors: Ibrahim Oruko, Paul Kimanzi, Abjata Khalif, Ryan Mathenge, Muasya Charles,

Odhiambo Odhiambo, David Kiarie, Joseph Mukubwa, Kabia Matega, Eliud Waithaka, Wilfred Muchire, Musa Radoli, Oloo Janak, Jackson Mleka, Waikwa Maina, George Murage, Saida Aroma, fidelis Muiruri and Bendaro Tsuma

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The paper is produced with funds from

www.mediadiversityafrica.org

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

Picture: Oloo Janak

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