Reject Online Issue 59

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April 1-15, 2012

ISSUE 059

Kony 2012 Campaign ignored feelings of those who suffered

By ROSEMARY OKELLO

The release of a video campaign by Invisible Children- an American Organization, to cap-ture Uganda’s rebel leader of the Lord’s Resis-tance Army, Joseph Kony, has gone viral in the YouTube with over eight million viewers.

Although the video dubbed ‘Kony 2012’ has received resounding support in Uganda, women organisation however feel that the video has failed to address real issues of the conflict in Uganda.

Intervention In a paid up advert in one of the dailies,

they argue that the video has ignored gains made through various interventions by the women’s movement, human rights organ-isations, the academia, international devel-opment partners and the UN agencies who have been working in Northern Uganda over the last 26 years of the conflict war.

“While the campaign against the LRA leader Joseph Kony is welcomed, the steam it has created overshadows the real concerns of the sufferers and survivors of the conflict in Uganda,” reads the statement.

Indeed the sentiments of the women’s or-ganisations and partners which include ISIS-WICCE, Care, CEDOVIP, Teso Women and Akina Mama wa Africa could not have been expressed at a better time than now when the world is getting to terms with what the inno-cent children have gone through over the last 26 years.

One such child now an adult whom we had the privilege of interviewing after she was released was Betty Ajok. Her story was made possible after she was rescued by the various organisations working in the area.

Below is her story I was born in 1990 in Anaka District,

some 50 kilometres north west of Gulu town in northern Uganda to Acholi parents. One day in 2000, as we went about playing with my agemates immediately after breakfast, we decided to move further into the forest to fetch firewood for our parents.

But little did we know this was going to land us in trouble. Some armed men sur-rounded us and they told us to keep quiet or else they will slaughter us in a matter of seconds.

In a lightning speed, we were pushed into the bush and told that we were under arrest and asked to obey orders if we want to re-main alive.

As I walked deep in the jungle, barefooted with rest of the abductees, it came to my at-tention that the abductors could be the Lord’s Resistance Army (LRA) soldiers whom I had previously heard people in my village talk about in low tones.

For the next three days, I was forced to walk in the cold muddy forest without food carrying loads of looted property. As we moved further north into the southern Suda-nese territory, I saw another group of people, ostensibly from another abduction but from the other part of Uganda.

We arrived into what looked like a make-shift camp and we were all called up to queue as we were addressed by the commanders.

A middle aged man, roughly three times my age was brought to me directly and I was told that henceforth he was going to be my husband.

Looking at my age and thinking of the unclear role of my new status, tears started

Continued on page 2

Scores of women and children continue to live in less than perfect situations. Below: Rebel Leader Kony. Further below: Betty Ajok with

her children. Photo: Reject Correspondent

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 059, April 1-15, 2012

rolling down my cheeks like a river flowing downstream.

That very evening “my man” told me to strip naked and forcefully had sex with me, an experience that I will never forget throughout my lifetime because I thought I was going to be killed.

I writhed in pain and stopped breathing for some time but he con-tinued sleeping on me despite my loud crying as I was unable to control the painful experience that I was going through. In my life time, I had only seen chicken and dogs do what this man was actually doing on my body.

OrdealWhen I came to my senses after

the ordeal, I cursed myself and was unable to eat whatever he was provid-ing to me as I was in serious pain.

I was unable to walk and even feared looking at my private parts as I thought that it was badly damaged. Going for a short call was hell to me! I writhed in pain and occasionally in-voked my mother’s name aloud while alone in the bush answering a call of

nature. After sometime I had to resign to

this painful dehumanising experience after I discovered I had conceived my first child.

I gave birth without the help of a mid-wife and healed naturally in the makeshift house. I was shocked that even before my wounds healed ‘my man’ continued to forcefully sleep with me.

ExperienceSeveral other young girls also gave

birth and were treated the same way. In the next three years that I was

held hostage, I witnessed first-hand killings meted on innocent people whom they blamed for collaborating with the government of President Yow-eri Museveni.

Any hostage who fell weak was also shot dead and the corpse left in the bush to be consumed by wild ani-mals. Going by the bones that I saw in the bush, I was very traumatised and feared for my life since it was not easy to tell who was next.

As we walked northwards through the thick forest, many weak abductees

were shot dead and left to rot while the lucky ones were tied on trees.

The commanders blamed moth-ers with children saying that they were causing delays in movement whenever an enemy approaches. On their orders, I strangled several chil-dren to death.

After the ordeal, we were told to parade the dead children and ordered to walk on their lifeless bodies until they bled profusely.

I got pregnant for the second time and was ordered to leave the camp as I was fast becoming a liability to their cause. On my release, I felt happy but sorry for what I had done in the bush as well as how I was abused by the rebels.

Immediately I was released, I was lucky that Ugandan government sol-diers who were hunting the rebels came to our rescue and they took us to a Displaced Peoples Camp at Aler near Gulu town in Northern Uganda.

Our arrival was big news and it was broadcast by the local media to the local people and my sister who was lucky to be alive, came for me after seeing my name on television.

Even though I am back to a formal settlement and living with my sister in her house, life is extremely hard for me considering the fact that I have three children, have no formal education and that my parents have since died.

It is unfortunate that my parents died at the hands of the rebels — my father was arrested and killed while my mother was killed in a vehicle that was hit by a landmine.

With the help of my sister, I am currently trying to have my name listed in the World Food Programme (WFP) roster to enable me get food ratio allocated for displaced persons.

In the meantime, I am trying a bit of farming and currently growing sorghum, potatoes, cassava and maize within the outskirts of the camp.

Looking at my neighbours, it is shocking that majority of them are sick and are suffering from mental problems, respiratory infections and waterborne diseases.

Coupled with the big number of innocent people that have died since the war started, it could be wise if the two protagonists — President Musev-eni and Kony — signed a ceasefire.

Continued from page 1

Partner states seek to harmonise HIV management By EVELYNE OGUTU

The East African Community HIV and Aids Pre-vention and Management Bill, 2010, to be passed by East African legislators is expected to harmon-ise the HIV and Aids prevention mechanisms in the region.

The East African Legislative Assembly (EALA) MP, Lydia Wanyoto says plans to pass the Bill are in top gear after she was granted leave to introduce the Private Member’s Bill on HIV and Aids Pre-vention and Management Bill, 2010 during a pub-lic hearing meeting among EAC partner states on healthcare and HIV and Aids interventions at the Nairobi Safari Club.

PromoteThe Bill aims to promote rights based approach

to dealing with matters relating to HIV and Aids, promote public awareness about the modes and causes of transmission as well as promoting respon-sibility and access to treatment.

The Bill was prepared following consultations by Eastern Africa Networks National Services of Aids Organizations (EANNASO) and East African Legislative Assembly (EALA) and was forwarded to the EAC Council of Ministers by EALA’s Com-mittee on General Purpose (GPC) because of its policy nature. It now awaits passing and debate by the EALA assembly.

The Bill comes in at an important time for the EAC which is implementing the Common Market Protocol characterised by free movement of people among other freedoms.

Wanyoto urged parliaments in the region to raise concerns with their respective EAC minis-tries and partner state governments in order to in-fluence decisions aimed at accelerating or adjusting progress on HIV/Aids related policies. She noted that the bill has undergone a robust consultative process by private and civil society stakeholders and needs political will to float through.

“This bill is a priority, it is in the in the inter-est of the EAC partner states to not only prevent HIV transmission and manage Aids within their respective national borders, but also transcend the borders in the spirit of the integration,” observed Wanyoto.

ProtocolFollowing the signing of the EAC Common

Market Protocol, the net effect of the guaranteed free movement of people and goods across the part-ner states has been the interaction of East Africans with HIV prevalence and incidence rates likely to be influenced.

According to Dr Eliuda Tumwessygye, Ugandan MP and chairman of the Uganda HIV and Aids House Committee, it is high time EAC partner states resolve to ensure that free movement of its citi-

zens within the bloc comes with full responsibility of their social welfare.

“We need a law that fosters the provision of this law across the border until the envisaged political fed-eration is realised,” noted Tumwessygye.

UNAIDS Report on Global AIDS Epidemic 2010, reports that the sub-Saharan region, with EAC as a significant contributor, accounts for 67 per cent of persons living with HIV. The EAC bloc contributes to four million of the number of HIV related deaths in the last three consecutive years, amounting to approximately 27 per cent of the sub-Saharan Africa and 24.3 per cent globally.

TackleIn the recent years, EAC states have separately

tackled the HIV and Aids issues at national levels including through legislations. Kenya, Tanzania and Burundi have enacted specific HIV and Aids laws; while Uganda has a proposed HIV and Aids specific law. Rwanda has proposed a non-HIV and Aids specific legislation which is largely intended to govern reproductive health in general and has a HIV and Aids related part.

According to Sarah Bonaya, a Kenyan EALA MP, the EAC partner states need to adhere to model requirements of the rights-based approach to HIV and Aids, in particular, provisions on prin-ciples of testing and disclosure, and protection of risky and vulnerable groups.

EAC regularise regional medical services delivery systems By EVELYNE OGUTU

Healthcare stakeholders have urged the East African Legisla-tive Assembly (EALA) to har-monise regulatory and legisla-tive barriers to improve public health care and service delivery in the region.

The stakeholders spoke dur-ing a recent regional meeting in Nairobi held under the auspices of East African Community (EAC) Partner States’ National Parlia-mentary Committees respon-sible for Health and HIV/AIDs, EAC Secretariat’s Department of Health and EALA.

Priorities “We need to agree on com-

mon regional priorities, draw up and implement common stra-tegic plans and institute effec-tive monitoring and evaluation

systems with a view to achieving common health goals,” said Peter Anyang’ Nyong’o, Kenya’s Minis-ter for Medical Services.

He said that in view of the EAC common markets facili-tating movement of people and services, weak health systems among partner states risked eroding the gains made in the war against HIV/Aids, malaria and infectious diseases as well as reduction of maternal and child health care within the region.

InitiativesThe regional meeting came

in the wake of a new initiative by the EAC that will see all East African Community member countries harmonise the medi-cine registration system at the end of the month.

It is aimed at improving pub-lic health care by increasing rapid

access to good quality, safe and effective medicines through re-ductions in the time taken to reg-ister essential medicines for the treatment of communicable and non-communicable diseases.

NeedsAccording to Kevina Taaka,

MP of Busia, Uganda, the ini-tiative will go a long way in ad-dressing the integration chal-lenges of lack of and access to essential medicines across the border.

“There needs to be the same set of rules for Kenyan patients accessing services in Uganda and vice versa because currently it is not there,” observed Taaka.

Other barriers to access of service delivery include anti-competition restrictions; patent procedures and limited public financing.

Bungoma awarded for being the best hospital

By KARANI KELVIN

Several nurses and other members of staff from Bungoma District Hos-pital were awarded trophies, certifi-cates and cash tokens at a ceremony held at the Kenya Medical Training College (KMTC), Bungoma Campus grounds.

The nurses and staff were awarded for their performance at the hospital in the past one year. The ceremony was the eighth such function to be held.

The Executive Director of KMTC, Dr. Olang’o Onudi commended the hospital for the good work they have been doing in recognising members of staff. He also congratulated the hospi-tal for emerging winners in last year’s ranking of hospitals in the country.

Recognition“Bungoma is doing a good job here

by recognising its staff. This is why they came first last year. We also want to start recognising medical practitio-ners from next year. As you know, we already have a programme of awarding the best students,” he said.

Onudi appealed to other hospitals to start an award scheme for their staff. “This is one way of keeping them motivated to deliver,” he said.

Speaking during the function, Rev. Canon Walter Wamalwa, Vice Chair of the League of Friends, also congrat-ulated the hospital for emerging the first in last year’s national hospitals’ competition.

Management He also thanked Kanduyi MP Al-

fred Khang’ati for his support by en-suring that the Kenya Medical Train-ing, Bungoma Campus was funded solely with money from the Kanduyi Constituency Development Fund.

The MP assured the management that there will be more money for them to continue putting up more buildings for the college.

Onud said it was a good move to have such colleges built as it helps in-crease student intake at KMTC.

However, there were calls to have the number of courses offered in-creased as the college only had students studying nursing while there is a range of other courses that can be taught.

Kony Campaign ignored victims of atrocities

Machakos level 5 hospital where scores of Kenyans go to seek both minor and major treatment. Photo Reject Correspondent

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 059, April 1-15, 2012

By OMONDI GWENGI

With babies strapped on their backs, the women toil in the scorching heat with shovels and wheelbarrows.

With sweat pouring down their faces, they work their backs off the whole day with short breaks to breast-feed their children.

For women of Nambo Beach, Bon-do District in Siaya County toiling in the sand harvesting exercise has be-come a norm.

DepletionThe depletion of fish stock has

driven many into sand harvesting.After the daily struggle, they head

back home with the men for other duties.

Sand harvesters endure numerous difficulties. The Reject took a closer look into what happens in the trade and observed how deep the problems sink.

Eunice Adhiambo Omore who has been in the trade for four years says this is just like any other business that needs hard work and determination.

“I don’t regret joining the trade be-cause as you leave your home and ar-rive on the site for work, you are sure of getting something back home,” she explains. “In fish mongering, there are no guarantees and you can sometimes go for days without getting any fish to take to the market,” Omore explains.

RegretA few meters away, some women,

working in twos, are busy scooping sand from boats to the shore.

Omore’s typical day starts at 4.00am and ends at 1.00pm: “We are sometimes forced to work overnight because the lake sometimes becomes rough and dangerous and this makes it difficult and risky to harvest sand.

When the lake is calm at night, this is when we can work,” she explains.

Consolata Achieng says that the work is tedious and they hardly get time to be with their families. She fears that the worst could happen. “We spend a lot of time working at the site and this makes us tired that even meeting my marital responsibilities becomes a problem,” laments Achieng. She adds: “I am afraid that this could break my marriage but it is the only alternative source of livelihood for our families.”

This is just one among the many problems that the women face here. “We spend longer hours wading in water to offload the sand from boats and I am afraid that this could be a great health hazard,” observes Omore.

The Reject Online found Omore in deep pain. Her legs were burning from water effects. She says: “My legs are aching because I scratch them of-ten. This water is itchy and it can even transmit waterborne diseases.”

ProblemsThese sentiments were echoed

by Samson Apiyo Omore, chairman Nambo Sand Harvesters Association. “Even though there is good and reli-able earning from the trade, the risks involved are many and dangerous es-pecially for the womenfolk,” he says.

Considering the time women spend wading through the water, Omore says diseases such as bilhar-zias, typhoid and other waterborne diseases affect sand harvesters.

Several women have also been wid-owed after boats capsized killing their husbands. According to the records availed by Nambo Beach Management Unit, a boat capsizes every week.

“We’ve been recording at least one boat capsizing every week. Some with fatalities,” says Alfred Ochieng, Secre-

tary Nambo BMU.The sand harvesters are now call-

ing on the ministry of Environment and Natural Resources to provide them with the necessary equipment and skills to enable them perform their work as required by the National Sand Harvesting Policy.

“We are using the wrong methods to harvest sand because we lack the necessary information on how to go about it. We are, therefore, appealing to the government and our leaders to help us acquire the necessary equip-ment and skills for the trade,” reiter-ated Apiyo.

Omore appeals to the government to facilitate them with loans to enable them set up their own businesses. “This work is risky and it is likely to shorten our lives. We are, therefore, appealing to our leaders to empower

women financially so that they can be able to earn a living from a decent business other than sand harvesting,” appealed Omore.

The women are wary of middle-men who are exploiting them by making fortunes from the trade while the harvesters are reaping peanuts.

Although the trade is risky and in-volving, Apiyo notes a positive trans-formation. “For the last eight years, we’ve witnessed a great improvement in the business. When I started off in 2004, a lorry of sand cost KSh800 but today we are earning as much as KSh2000,” he notes.

Women embrace economic empowerment

Living from fish to sand harvesting

By SHAMALA KHAMALA

Financial independence has eluded many women in Kenya. However, things are about to change for wom-en in Trans Nzoia.

“When I heard about women’s loans from financial institutions for the first time, I thought it was free and that is why I gave it a try,” says Mary Agatha, a small scale farmer in Kwanza, Trans Nzoia County.

ChanceNot one to take chances, Agatha

visited the Kenya Women Finance Trust offices and applied for a loan. This was after joining a group as a re-quirement by the organisation before an applicant is considered for a loan. Unfortunately, she lacked knowledge on which kind of business was fa-vourable in her area.

“Fortunately, I acquired a loan af-ter a few days from KWFT in Kitale. With no tangible plan on which type of business I was to engage in, I ended up keeping the money in my house,” explains Agatha.

“Finally I started using the money for various household expenses and

ended up not reaping any profits from the loan.”

Her failure to appropriately invest the money into a business caused her many sleepless nights when officers from KWFT visited her home and auctioned her three cows and several sheep for failure to repay.

Conflict“There was nothing I could do

but to let my property go. I had used all the money for domestic purposes and it was painful to lose the animals which had taken my family many years to acquire,” she explains.

Needless to say, it caused her a domestic conflict that lasted for a month. However, Agatha is not alone. She is among a growing num-ber of women in Kwanza who default on loans they have taken not only from KWFT, but other financial in-stitutions because of lack of knowl-edge in business.

This is a reason why Trans Nzoia Trans Kenya Women SACCO society has come up with a solution to this problem.

According Martha Ouma, Trans Nzoia Trans Kenya Sacco’s chief ex-

ecutive officer, the organisation has designed a training program for women who want to do business.

“According to our survey, more than 50 percent of women in Kwanza are loan defaulters, but it is not too late to salvage the situation. We are working tirelessly to educate these women and later issue them loans,” explained Ouma.

The Sacco is encouraging women in Trans Nzoia to pay a registration fee of KSh500 and start saving as little as KSh100. The organisation intends to first train the women on managing loans for business before issuing funds which will be given ac-cording to the shares one has in the organisation.

Encouragement“We even visit the homes of our

respective members to see exactly what they can do from the surround-ing, and believe me or not, we give the best advice on the businesses they can venture in,” Ouma noted.

“That is why today the gap of Kwanza Women loan defaulters is reducing and I am optimistic that in the end we will be able to improve

standards of living for the women in Kwanza and Trans Nzoia at large.

By doing so, Trans Nzoia Trans Kenya Women Sacco has grown tre-mendously just from a year ago when it was a community based organisa-tion and today it is a SACCO.

Since August last year, the Sacco has issued KSh12 million to more than 2,000 women in Trans Nzoia County.

AttributionThat is why Agatha has not re-

lented to any efforts to join the Trans Nzoia Trans Kenya Women Sacco for the benefits that other women are reaping from the organisation.

One of the challenges the organ-isation is facing is men’s perception that women will disrespect them if they are economically empowered.

There is need for the government and other stakeholders to educate men on the importance of empow-ering women financially,” observes Ouma. She adds: “Men should un-derstand that by empowering women economically, the whole community will benefit because they are good managers at home.”

Ouma added that currently Trans Kenya SACCO has more than 2,000 members and attributes the fast growth to a unique approach it of-fers members by understanding their problems.

Enable“Before we recruit a member, we

take a look of her surroundings and advise accordingly. We also advise a member if she is stuck on loan repay-ment unlike other financial organisa-tions who auction member’s proper-ties,” Ouma explains.

The SACCO plans to start a milk processing plant in Trans Nzoia. It is encouraging more women to join the organisation since the profit it makes is also shared among them at the end of every year as dividends.

“The organization has enabled me to buy five cows, ten goats and five sheep, because I have knowledge that I acquired from the SACCO,” explains Agatha. She adds: “For me I now have no problem. Knowledge is power and that is why I encour-age more women from the county to join Trans Nzoia Trans Kenya Sacco Society.”

Not even women are spared the rigors of sand harvesting. Below,

men load sand into a waiting lorry. Photo Omondi Gwengi


Stakeholders say Land Bill has watered down National Land

CommissionBy HENRY OWINO

As the country is in the process of con-stituting land reforms, there is need for extensive research and fact finding on land matters.

According to Land Minister James Orengo, timelines provided for land bills in the Constitution are insuffi-cient and hence the need for extensive research and fact finding by all stake-holders.

“By the end of the ongoing debate on land bills, there will be an accept-able and comprehensive legislation in place,” noted Orengo.

ReiterateHe reiterated the fact that the coun-

try has faced land problems since colo-nial times and days of the Sultan.

“Matters related to land are ad-ministrative and remain a hard nut to crack,” noted Orengo. He added: “However, the Bill is set to harmonise this once enacted into law.”

Orengo observed that once the President assents to the bill, mak-ing amendments will not be easy since the docket may be held by an unconcerned minister or Cabinet Secretary.

He pleaded for sobriety in enacting legislation and warned against passing undesirable laws that will not benefit future generations.

RemarkOrengo made the remarks at a

high level policy dialogue forum or-ganised by Land Development and Governance Institute (LDGI) at a hotel in Nairobi, where the three proposed land bills — National Land Commission Bill, Land Bill and Land Registration Bill — that are currently before Parliament were discussed.

The forum attracted professionals

drawn from various sectors such as land experts, lawyers, government offi-cials, business, bankers and the media among other stakeholders.

Orengo whose docket revolves on the subject matter stated that the Con-stitution has timelines which it oper-ates on yet ideological differences in recommendations from the National Land Policy and other vested interests by politicians makes implementation difficult.

He noted that the function of the National Land Commission Bill against those of the Cabinet and other institutions currently handling land management matters have given rise to several disagreements.

Note“The Constitution that you passed

in 2010 puts emphasis on National Land Policy and administration as well as managing public land. It is then assumed that the aspect of ten-ure on public land is in the domain of the National Land Commission at both national and county level,” noted Orengo.

The three bills were published in February and were ready for discus-sion in Parliament but the timelines were extended for 60 days, ending on April 26th, 2012.

Orengo noted it would be appro-

priate for the findings to be submitted at least 20 days in advance for Parlia-ment to debate and approve before be-ing taken to the President.

Some of the areas that would re-quire comprehensive debate are the minimum and maximum acreage with regards to private land owner-ship, taxation of idle land, resolution of historical land injustices, determi-nation of legality of land and regula-tion on land use and developmental control.

However, Orengo assured stake-holders that the three parliamentary committees — Oversight, Legal Af-fairs and Land Natural Resources — will carefully look and sought out pro-posals by land lobby groups.

“You should not be worried as the joint committee will have to look at all suggestions made on the propos-

als from the land lobby experts,” said Orengo.

During the plenary presentation, the LGDI Chief Executive Officer Mwenda Makathimo faulted the draft Bills saying they were defective and lacking in the letter and spirit of the National Land Policy in Sessional Pa-per No. 4 of 2009 and the Constitution of Kenya.

“The Land Bill, in its current form, does not incorporate the full list of land policy principles articulated in Article 60 of the current Constitution,” Makathimo reiterated.

ProposeAmong other proposals made by

the stakeholders at the forum were to draft the Land Bill to incorporate gender equity provisions in sections of public land and private land rights that address transfers or contracts.

They also proposed the law in-cludes community land within its scope with clear instruction on the interplay between customary and formal law and institutions in land governance.

According to Ibrahim Mwathane, director LDGI, numerous provisions of the bills either directly contravene the Constitution and the National Land Policy or do not adequately in-corporate the mandates of these semi-

nal documents.He said it was the view of the stake-

holders that the draft Land Bill has watered down the National Land Com-mission which Kenyans had insisted on.

The forum came up with a draft of proposals that would form a policy document expected to be presented to the three Parliamentary Commit-tees and other State organs involved in the implementation of the Consti-tution.

Mwathane said the country has made tremendous progress by formu-lating the National Land Policy and embedding a chapter on Land and the Environment in the Constitution.

“This is no mean achievement. Few in Africa have achieved as much and the milestone needs to be appreciated,” Mwathane said.

He also noted that gaps in technical skills within Parliament in specialised areas such as surveying, planning, land economics and natural resources man-agement was evident, adding that this could undermine effective debate on land Bills.

The stakeholders agreed to sacrifice most of their time during the grace period offered by Parliament on the land Bill to mobilize Kenyans all over country to fully participate and air per-tinent sentiments since it is a worthy course maximum time spent on.

Freedom fighters want historical injustices addressedBy JOSEPH MUKUBWA

Former freedom fighters from Mt Kenya re-gion want the new Land Bill to address histori-cal injustices that were committed during the clamour for independence.

The Mau Mau war veterans lamented that they were defrauded of their land by colonial collaborators during the demarcation in 1964.

Led by Geoffrey Weru, the veterans told a parliamentary commission that most of the Mau Mau fighters were defrauded of land while in the forest by administrators and that is why many of them were living in colonial villages and slums.

Veteran“We want to be resettled by the Government

in ranches currently owned by foreigners since they have right to own land by birth,” noted Weru. He added: “Although we went to the for-est to fight the colonialist to return our land, we were surprised when we came back from the forest after independence to find our land was no more and we had no alternative but to live

in the villages.” They were speaking during a public forum

of the Parliamentary Committee Land on the Land Commission Bill, Land Bill and Land Registration Bill at the Nyeri Town Hall.

Imenti North MP Cyrus Rutere, said that the government should use records from Ke-nya archives to enable them identify the gen-uine Mau Mau war veterans who are docu-mented in records left behind by the British.

FreedomThe freedom fighters said they want to be

resettled by the government in ranches cur-rently owned by foreigners since they have right to own land by birth.

A former freedom fighter, Michael Mwan-gi, now a resident from Bellevue Village in Kie-ni District told the Commission how they have been living in squalid condition over the last 40 years after they were allocated land in the farm which was left behind by white settlers.

The former farm worker at the farm said that they were allocated the land and given colonial ballots which they are still clinging to

but administrators stole their land and subdivided before selling to influential politicians.

Rutere, who was the session chair said that the commission will ensure enacted laws address historical injus-tices. He noted it was a shame to see freedom fighter wallow in poverty while home guards are enjoying the fruits of injustices.

HistoryOl Kalau MP Erastus Mureithi

said that the commission will enact laws that will protect second wives from being exploited by first wives who in most circumstances inherit all the property left behind by their husbands.

Mureithi said that it’s wrong for second wives to play second fiddle in the succession of their departed husbands adding that they too deserve recognition in the succession laws.

Men at a site seeing venture over an asset that has continued to raise heated debates across the country. Photo Henry Owino

“By the end of the ongoing debate on land bills, there will be an acceptable and

comprehensive legislation in place.”

— Hon James Orengo, Land Minister

Some of the many freedom fighters whose needs are yet to be addressed. Photo Joseph Mukubwa


In the mines, the land belongs

to women, and the gold to men

Mother of daughters worried she will lose husband’s land By BEN OROKO

The Constitution is the most supe-rior law of the land superseding all cultures. It has provided many new dimensions including right to land and property inheritance for women and couples.

However, it is hoped that when the new land laws will be written, chang-es will be seen among communities where women have faced discrimina-tion in relation to land.

Among the Gusii community, for example, there are rampant and un-reported cases of land and property disinheritance affecting widows and orphans who suffer in silence.

PropertyCases of land and property dis-

inheritance in the Gusii region are linked to the community’s culture and customary practices which prohibit women from traditionally owning or inheriting land or other immovable properties. The commu-nity anchors land ownership and as-sociated resources in its patriarchal traditional practices.

According to the Gusii, women regardless of their marital status can-not own or inherit land. This is ac-cording to the community’s tradition which for many decades assumed that women are part of the commu-nity’s wealth and, therefore, cannot claim land and property rights.

However, Article 68(C) (VI) of

the Constitution provides for the protection of dependants in actual occupation of land in the event of the death of the owner of land. This pro-vision protects widows and children with unregistered interests in land from evictions from their homes.

ConstitutionDespite the constitution provid-

ing women with the gains in land and property rights, Pacifica Moraa Mo-kaya, 60, a widow from Giking’i Vil-lage, Moitunya sub-location in Manga District in the Nyamira County is a worried woman as her brother in-law threatens to disinherit her of her late husband’s ancestral share of land.

Mokaya, claims that her brother in-law confiscated her national iden-tity card and that of her late husband together with the death certificate immediately after his burial in 1991. She says this was part of an alleged scheme to disinherit her of the land. The brother-in-laws argument is that she never bore sons and had only two daughters who according to the Gusii community are not entitled to inherit land and property.

“It has been traumatising since my husband, James Mokaya Migiro died in 1991. I have gone through tribula-tions of intimidation and threats from my brother-in-law who has allegedly been crafting tricks of disinheriting me of my late husband’s piece of land,” explains Mokaya. She adds: “This is all about me giving birth to only

daughters with my late husband and according to the customary laws, girls and women are not allowed to own or inherit land.”

Differences with her brother-in-law began immediately after she ob-jected to his proposal to have her al-low him look for a young woman who he could sire sons with to inherit his late brother’s land.

“My problem with my brother-in-law started immediately I opposed his plans to have him look for a young woman who he could have married under my husband’s name and sire sons to inherit the land when I die since my daughters cannot inherit the land in question,” explains Mokaya.

LearningAfter learning of his tricks, Mo-

kaya moved swiftly and looked for a woman with four sons, whom she adopted as her grandsons, making them the heirs, in a move that alleg-edly irked her brother-in-law.

Seeing that he was not getting his way, the man crafted another scheme of having a woman his late brother had divorced and reclaimed dowry in the 1970s buried on the disputed land. “After succeeding in having my late husband’s ex-wife buried on the land against the clan’s wishes, my brother-in-law secretly sold the piece of land to a local primary school teacher who was looking for land to settle a school girl he allegedly impregnated and was forced to marry,” claims Mo-

kaya. She says her brother-in-law

allegedly entered into a secret land sale deal with the said teacher on condition that he (the teacher) will buy the land and al-low him to bury his brother’s ex-wife on it.

“Later the teacher would settle the girl on the land under the name of the deceased ex-wife’s son to conceal the land sale deal,” claims Mokaya.

She laments that besides all these tribulations, her brother-in-law has allegedly been using illegal gangs to intimidate and harass her and her elder grandson. The gangs are alleged to have at one time threatened to fix the grandson.

Mokaya wonders how the ex-wife to her late husband could be buried on his land, yet they divorced a long time ago and she did not even come to his funeral as the eldest wife to bury him according to the Gusii cul-tural practices.

She fears that she risks being dis-inherited of her late husband’s land by her brother in-law who has allegedly encroached on almost three quarters of the property, exploiting her lack of land registration and ownership documents. Her late husband’s share is reflected under the name of her late father in-law, Ezekiel Migiro.

“I am worried that my brother in-law may disinherit me of my late husband’s piece of land since I do not

possess the required land registration documents bearing my late husband’s name as his share of the ancestral land is yet to be transferred from my late father in-law’s name,” she observes.

AppealMokaya laments that despite her

case being handled at all levels of the local land and dispute resolu-tion mechanisms, including the lo-cal provincial administration and the District Commissioner’s office, no justice has been done. This, she claims, is because her brother in-law allegedly compromises those han-dling the case to pass verdicts which allegedly favour him to her disad-vantage.

She is now appealing to the Gov-ernment and other relevant authori-ties to come to her aid for justice to prevail.

By FRED OKOTH

To the majority of the women found in the rural parts of Migori County, their wish list remains one, that the new laws will make it easier for women to own land, especially in the event of the husband’s death.

According to the women, despite the new con-stitution, the fact of the matter on the ground is that very few women are able own or inherit land.

MiningAccording to Milka Awiti, a gold miner at

the Macalder mines in Nyatike, Migori County, this is why women have been unable to benefit from the mines, even when gold is discovered in their own land.

“Here, land is still solely on men’s hands,” ex-plains Awiti. She notes that despite provisions on the Constitution, it is still impossible for women to own land, a situation that has left many of them economically marginalised.

Things get worse whenever gold is discovered on a piece of land owned by a woman because the men will rush in and take possession. This is be-cause within the locality it is only men who can operate the mines.

Although some progress has been made in the legislation, Awiti notes that a lot still needs to be done to ensure that the rights are not just on pa-per, but 0put into practise as well.

According to Awiti, most women within the gold mining areas, even the actual owners of the

land have been reduced to scav-engers for the dust thrown away by the men.

Women whose husbands operate the mines suffer double tragedy because the men dis-appear into the neighbouring towns immediately they are paid leaving the women strug-gling alone with the children.

According to Margaret Awino, a resident of Oruba area in Migori District, any new legis-lation that will empower women on the issue of land ownership will have to be accompanied by a campaign to change perceptions in the villages and especially with the provincial administration.

“We might have the most beautiful legislation but as long as chiefs still believe women cannot own land, then nothing will be achieved,” ob-serves Awino. She says chiefs who act as judges on land issues will have to be educated on the new laws.

IncrementAwino would like to see an increased number

of women sitting on land boards and the current sittings increased from twice a month to once a week to ensure land cases are sorted out faster.

Her sentiments are echoed by Denita Ghati, chairperson Education Centre for the Advance-ment of Women, who says the issue of women

inheriting land will have to be reinforced in the new Land Bill.

“In Kuria, when it comes to land, women sim-ply have no say, that is it,” says Ghati. She adds: “Customs do not allow them to own land and they have not been keen to look into the issue.”

Ghati says a lot of efforts will have to be put into changing perceptions of both sexes on the is-sue of women owning land.

She cites an example of when a man dies leav-ing behind huge chunks of land and it is the male relatives who move in to manage it. The woman is only given a small piece next to her house where she can plant food crops.

“This inequality is extended to produce from the farms since it is the men who have a say on

how it is going to be used,” notes Ghati.The bigger portion of the land is used to grow

tobacco, a common cash crop in the region, where the women are employed as causal labour. This is also partly because the women are not al-lowed to grow cash crops.

“Ninety-nine percent of the labour in tobacco farms is by women,” observes Ghati. She adds: “When the crop eventually matures and payment is done to the men, they disappear into the near-by towns of Migori, Homa Bay and Kisii to spend the money only to reappear empty handed.”

According to Ghati, until women are allowed ownership of land and a say on how it is used, there is very little that can be done to improve their lives.

One of the many women who have ventured into gold mining. Photo: Fred Okoth

Pacifica Mokaya, who is fighting a retrogressive culture.

Photo: Ben Oroko


Magdalene Musyoka, guardian angel for Mwingi’s abandoned children

Hope for better times as ghost of yesteryear

hangs onBy HENRY KAHARA

We are already almost four months into the New Year, but for many Ke-nyans misfortunes that befell them last year will remain ingrained in their minds.

Many hope that unlike what they term as ‘the doomed 2011’, this year will be full of good tidings.

According to Rose Atieno, a resident of Kibera, 2011 left a scar in her family that will not disappear any time soon.

For Atieno this is the year when her beloved husband Joseph Amek who used to work in a construction site fell from a building and sustained spinal cord injuries.

Construction“My husband used to work in a

construction site in South B, where he fell down and injured his spinal cord. Since then he has not been able to do anything,” explains Atieno who is now the sole bread winner for her family.

Although Amek’s condition has im-proved and he is in a position to walk for now, Atieno says that this cost them dearly.

Just like many humble families which have been surviving on one meal a day, hers too is not an exception.

“Sometimes we even sleep without on empty stomachs for there is not enough to put on the table,” notes Ati-eno.

Like many of her friends from the slums, Atieno rises early every morn-ing and heads for Nairobi Dam Estate to try her luck. Here she hopes to get a casual job in house cleaning and wash-ing clothes.

“Many women from Kibera camp outside Dam Estate in hope that they will be lucky to secure washing jobs which are offered by the estate’s resi-dents,” she explains.

Atieno gets between Ksh100 and Ksh200 for washing although it de-pends with the quantity of clothes. This amount is hardly enough for the family.

Atieno says that her children have to rely on sponsorship to remain in school today.

Education“My first born is in Form Three at

Olympic Secondary School while the second one is in Form Two at Ofafa Jeri-cho Secondary School,” she says adding that the third born Collins Opiyo is in Mashimoni Squatter courtesy of free primary education.

Atieno who is also HIV positive sometimes gets assistance from Kenya Network of Women with Aids (KENWA), but this is not enough.

“We sometimes get msaada (aid) from donors but that is once after a long period,” she says noting that it really helps her.

Atieno, 37, plans to start selling cab-bages and tomatoes in Kibera so as to try and make ends meet. She is optimis-tic that this business will pick with time although she is still not sure of where the capital will come from.

“I have already secured space to be selling vegetables but I still do not have the capital,” she notes.

By JANE MUTUA

The act of conceiving a baby is often regarded as the simplest experience with the real task lying in bringing up the child. This old adage perhaps helps to explain why scores of newly born babies in Mwingi town are abandoned in dumpsites as par-ents shy away from responsibility.

A spot check by the Reject reveals that more than 10 cases are registered within the larger Mwingi Dis-trict every year with only two or none surviving.

It is against this backdrop that Magdalene Musy-oka, has established St. Luciana Orphanage Centre in Mwingi to support abandoned and abused chil-dren in the district.

Planning“I started this orphanage after a deep conviction

to help and rescue marginalised children in the com-munity. I really love children and I feel so bad when I see their rights being violated,’’ explains Musyoka.

A biological mother of one, Musyoka is proud to be a mother of more than 50 children now living at the orphanage.

“I was blessed with a daughter before my hus-band passed away. I had wanted more children and had planned to adopt two more children but this initiative has brought me 50 kids,’’ she narrates.

Musyoka is a devoted Chris-tian who goes out of her way to assist any child whose rights have been violated.

“Since I started this centre in August 7, 2010, I have been re-cuing abandoned children once

they recover at the Mwingi District Hospital,” Musy-oka explains. She adds: “In 2011 alone, we rescued six children abandoned at the dumpsites. I stayed with these children in hospital nursing them around the clock, fortunately all of them survived. Four of them were later taken to Kitui AIC Orphanage Centre and I was left with two.”

NursingAt 40, Musyoka is ever busy nursing the two ba-

bies, a girl and a boy who are six and three months old respectively. She moves from one supermarket to another in search of food and clothing for the infants.

One would be forgiven to think that the chil-dren are her biological children because she is either breastfeeding them or cuddling them in her arms.

“I stopped nursing almost 25 years ago but it takes God’s grace to look after a baby that does not belong to you. I thank my God that my breasts produce enough milk for the two babies on a daily basis,’’ Musyoka explains.

However it is not an easy task. Musyoka is faced with a myriad of challenges while providing for the other children at centre.

She gets assistance from well-wishers, church donations and small rations of relief food from the

government, but this is not enough.Another challenge that she encounters is that

the community and society do not understand the importance of orphanages. She says that the Gov-ernment should in the fore front to educate the community.

“The Government should enforce the Children’s Act to protect disadvantaged as well as the aban-doned children to make their lives more meaning-ful,” observes Musyoka.

She reiterates: “Ukambani is ravaged with drought which has severely hit the less fortunate in the community. Currently, I do not have enough to feed the children in this orphanage. “I appeal to well wishers to aid in the running of the institution.”

Her motto is that every child has a right to edu-cation. She has started a primary school within the orphanage which is run by eight qualified teachers whom she pays through her own income as well as support from well wishers.

Overwhelm“Sometimes it is overwhelming but I am able to

raise the required revenue for both salaries and the rent. She however says that she needs support to able to run the home efficiently.

She is committed to safe-guarding the wellbeing of all children and calls for the implementation of relevant policies, co-ordination and supervision.

“I just want these children to be responsible citizens through fulfilment of their prescribed rights and welfare,’’ says Musyoka.

Witnesses to crime to get better protection By ODHIAMBO ORLALE

Victims of domestic violence will soon have a reason to smile, thanks to the Witnesses Protection Act (Amended 2010).

Under this law, the victims will not only be protected, but their confiden-tial and incrementing evidence will be presented in court by a medical practi-tioner other than a doctor, as has been the case in the past.

According to the director of Wit-ness Protection Agency, Alice Ondie-ki, about 90 per cent of sexual offences cases fail in the courts of law because most doctors, who are bound by the law to record a statement and issue a P3 form to the victims, shy away from that responsibility for fear of spending a lot of time in court instead of their private clinics attending to patients.

ParticipationOndieki told participants to a Wit-

ness Protection Agency and Interna-tional Commission of Jurists (Kenya) forum in Nairobi for senior print and broadcast editors that the issue had been identified as a major stumbling block frustrating victims from getting the justice they deserve.

Most common cases include de-filement, rape, indecent assault, at-tempted rape, attempted defilement, unnatural offences and small number of other cases such as incest.

Said Ondieki: “The Ministry of Health and a task force has come up with a special form which will in fu-ture be filled by nurses, who accord-ing to the amended law, will be al-lowed to give professional testimony in a court of law in favour of a victim.”

She lamented that most doctors who attend to rape and domestic vio-lence victims during their hour of need

hardly turn up in court, even after they have been summoned by the prosecu-tion to officially table evidence.

In 2006, Parliament enacted into law the Sexual Offences Act, sponsored by Nominated MP, Njoki Ndung’u (now a Supreme Court judge), a major milestone in the histories of sexual vio-lence and of the law.

The law came in response to a per-ceived rise in cases of rape and defile-ment, to a penal system that defined sex crimes as offences against morality, to a criminal code that enjoined maxi-mum but no minimum sentences for sexual offences, and to a Judiciary that appeared not to treat sexual offences with sufficient gravity.

WitnessIndeed, witnesses are critical

agents of any criminal justice system to successfully identify, apprehend, gather evidence and prosecute crimi-nal offenders.

The promulgation of the Witness Protection Act represents an impor-tant commitment in tightening the criminal justice system in the country and presenting hope for threatened witnesses of crimes.

Ondieki noted that often times the witnesses are not only intimidated, but are threatened, harmed and even killed to prevent them from speaking out against perpetrators of crimes.

“Witnesses, therefore, need assur-ance of their safety in order to come forward to assist law enforcement of-ficers,” reiterated Ondieki.

The Witness Protection Act pro-vides for the establishment of an inde-pendent Witness Protection Agency and a Witness Protection Programme, which was done in August, 2011.

According to Ondieki, Witness Protection Agency is now an inde-

pendent and autonomous agency, which is seen as an important step towards governing protection of wit-nesses who have been intimidated for cooperating with law enforce-ment officers.

Kenya made history last year by becoming the second country in Af-rica, after South Africa, to establish a Witness Protection Agency. The agency targets witnesses of all crimes ranging from drug-trafficking, rape, corruption, crimes under the Rome Statute of The Hague-based Interna-tional Criminal Court, human rights abuses, and terrorism among others.

According to Ondieki the major teething problems facing the agency are under-funding by the Govern-ment; lack of capacity to implement its programmes; very high expectations by Kenyans, some of who expect to be given a lot of pocket money or re-located abroad among other demands.

She cited cases of some witnesses trying to hold the agency at ransom until their extravagant demands are met. The most common cases involve rape, corruption, witchcraft, (espe-cially among the Kisii community), cattle rustling and sexual offences among others.

ForumSpeaking at the same forum, At-

torney General Githu Muigai, assured the public that the Witness Protection Agency had the full support of the Government which is committed to promoting the rule of law, and pro-tecting all parties, including suspects, victims and witnesses as enshrined in the new Constitution.

Four prominent personalities are facing crimes against humanity charges at the international Criminal Court (ICC). These are Uhuru Keny-

atta who is a Deputy Prime Minister, William Ruto who is the MP for El-doret North, Francis Muthaura, who is the immediate former head of the Civil Service and Joshua Sang radio presenter at KASS FM.

Indeed, the agency comes at a cru-cial time in the country’s history when it is in the process of streamlining the judicial system. It will be guided by a six-member advisory board and sup-ported by the United Nations office on drugs and crime.

Kenya has often come under at-tack for not giving enough protection to witnesses, the latest criticism com-ing from the International Criminal Court whose officials raised alarm over threats against witnesses on sev-eral occasions.

Others who addressed the interac-tive forum with editors were George Kegoro, Executive Director of ICJ-Kenya, Jemima Njeri Kariri, who is a senior researcher with Institute for Security Studies, Gerhad van Rooyen, a consultant from South Africa, Wil-liam Oloo Janak, a council member of the Media Council of Kenya and Peter Mwangi, Witness Protection Agency’s deputy director.

Githu Muigai, Attorney General

“Since I started this centre in August 7, 2010, I have been recuing

abandoned children once they recover at the Mwingi District Hospital.”

— Magdalene Musyoka


Sugar gets bitter as illegal traders cash in on shortageBy ODHIAMBO ODHIAMBO

Smuggling of white sugar from Tanzania into Ke-nya is still on the rise despite efforts by authorities to curb the practice.

Police in Kuria West District have nabbed sugar from Tanzania in branded packages of Sony and Mumias Sugar companies while on transit into the country.

The 5,100 kilogrammes of the sweetener were nabbed at Kumumwamu Market along the Kenya-Tanzania border. Six people caught pack-aging the counterfeit sugar were arrested during the ambush.

RecoveryAlso recovered during the raid were 93 fake

empty sacks for 50 kgs bearing the logo of Sony Sugar, 17 empty bags bearing the Mumias sugar Company name, five electric sealers and one weighing machine.

This is the second time in a month that counterfeit sugar originating from the Kenya- Tanzania border is being intercepted along this region.

Early this month, a consignment of 400 bags of counterfeit sugar in fake 50 kg Sony Sugar bags was nabbed at Kokuro Trading Centre, along Migori-Kisii Highway while being ferried by a lorry which was allegedly being escorted by a po-lice officer in civilian clothes.

The officer drove a saloon car that trailed the lorry from behind. The lorry was intercepted by administration police attached to the Awendo District. The driver and the turn boy of the lorry were arrested and the sugar confiscated.

According to Paul Odola, Sony Sugar Manag-ing Director the counterfeit sugar business has been on the increase and has greatly affected the company’s sales volumes in the last three months as it retails at a much lower price than the genuine sugar from the company.

“Sony Sugar cannot compete with the il-legally imported sugar which is suspected to be originating from Tanzania as traders do not pay

taxes whereas the Awendo-based miller pays up to 20 per cent in taxes on each tonne of sugar sold beside Sugar Development Levy and other taxes,” Odola explained.

He noted that this situation has the potential of not only crippling Sony Sugar as a company but also the entire sugar industry in Kenya on top of denying the government relevant taxes.

“We are calling upon the relevant government agencies to take action and be more vigilant to avoid loss of revenue and also prevent a situation whereby citizens may consume sugar that has not been cleared by Kenya Bureau of Standards,” re-iterated Odola.

Unscrupulous traders along the border have been cashing in on the shortage of sugar in the country by illegally importing sugar from Tanza-nia and taking advantage of the high retail prices in Kenya.

Most of the supermarkets and shops in Nyan-za are said to be selling the cheap and sub-stan-dard sugar to unsuspecting consumers because “they have a better profit margin”.

The vehicles carrying the illegal sugar mainly follow Kugitimo and Kipimo entry points in or-der to shake off the hawk-eyed Kenya Revenue Authority (KRA) officials manning the Isebania border point.

The Reject came across the consignments on transit as their owners escorted the vehicles from behind in sleek cars.

Police found manning the roads are given bribes to allow the sugar to reach the intended destinations.

The investigations showed that some senior police officers in the Southern Nyanza region were privy to the racket and reportedly offered “protection” to the wealthy businessmen whom they met on regular basis .

“The sugar is then dumped in Kisii, Kisumu, Kericho and Nakuru among other Kenyan towns where it is re-packaged into bags bearing brands of local sugar companies such as Sony Sugar and Mumias before being sold to unsuspecting con-sumers as a Kenyan sweetener.

The racket began soon after sugar shortage hit the country with the “importers” becoming over-night millionaires from the trade.

A trader at the Isebania border point, Thomas Mwita claimed KRA officials knew about the racket but had turned a blind eye to it because they are also beneficiaries.

“They are very much aware and are only pre-tending not to know what is going on,” he said.

However, a KRA official who spoke on condition of anonymity because he is not au-thorised to speak to the media said they had received reports of the racket but “we are get-ting difficulties because the police are not ready to assist us”.

There is a clique Kenyan traders said to be colluding with their Tanzanian counterparts who are their main suppliers.

Police in Migori said they had intensified se-curity surveillance along the Migori–Kisii high-way to curb the illegal sugar trade.

Awareness“We are aware of the racket and my officers

are under strict instruction to check all the lorries and cargo trailers passing through the road,” said James Mwangi, Migori deputy police boss.

Over 1,000 bags of sugar have been impound-ed so far at the border of Kenya and Tanzania while being smuggled into the country. About 300 bags were impounded in Migori and their owners arrested.

In Muhuru beach, officers from the Rural Border Patrol Unit (RBPU) nabbed 739 bags, worth millions of shillings as it crossed the border into the country.

Nyatike District Commissioner Alan Machari said the consignment, which was in 25 kg bags, was being transported in two lorries at dawn.

“Two drivers, two loaders and the cargo owner were arrested during the swoop,” noted Machari.

Deputy RBPU commandant Peter Gikonyo lauded the officers for the good work and asked them to be vigilant along the border.

At the same time, some Members of Parlia-ment are reportedly planning to push for duty-free importation of sugar, ostensibly to lower prices of the commodity in the local market.

According to Okoth Obado, a director at Kenya Sugar Board (KSB) the move has been sparked by some greedy politicians who wanted to engage in sugar business in a bid to raise mon-ey for next year’s campaigns.

He asked Kenyans to reject the move saying they had received intelligence reports that legis-lators wanted to introduce temporary duty-free importation so as to benefit their cronies.

“The prices of sugar are up not because of any serious shortage in the domestic market but due to the ever rising cost of fuel prices and politically connected cartels,” Obado, who represents the Sony sugarbelt region told journalists in Migori Town.

He regretted that politicians always looked up to the sugar sub-sector whenever they wanted to “raise quick money for political campaigns”.

The MPs have already accused sugar retailers of fleecing customers by increasing prices arbi-trarily and hoarding supplies.

“The manifestation of the sugar shortage has created wealth of opportunities for the unscru-pulous retailers to seize and exorbitantly increase sugar prices to reap profit from the consumers. Millers say the quoted prices were beyond their recommended levels,” says a report by the parlia-mentary agriculture committee.

The MPs said the essential commodity should be sold at less than KSh130 per kilo, down from the current KSh190.

The committee wants millers to indicate pric-es on the packs to stop traders from exploiting Kenyans.

Last year, the country produced 376,112 tonnes of sugar against a demand of 772,731 tonnes. The shortage was blamed on drought experienced in 2009-2010, declining stocks, har-vesting of under-age cane, inefficient operation due to old mills at factories and reduced acreage due to land-sub-divisions.

Communities want CDF Act amended

By HUSSEIN DIDO

With the expectations of the new system of de-volved government in less than one year, the pas-toralist communities are now worried that the Constituency Development Fund (CDF)will be abolished after the elections.

Many of them have come to easily identify the funds with their local MP who coordinates the meetings and village gatherings to prioritise projects they feel must be undertaken within the fiscal year of government allocations.

Village elders, teachers and women have al-ready started raising concerns over the status of CDF in the devolved system of governance with many doubting the role of the MPs in the man-agement of the kitty. They are urging that the funds be channelled through the county system of on a fact finding on the funds government.

In the remote divisions of the larger Isiolo and Marsabit counties, found a disturbed community.

A village elder at Modogashe, Mohamed Madera said the creation of the funds had made a milestone and reduced their plights with 30 per cent.

“This is the only fund that we know at grass-roots level and demands accountability because the money is in our hands,” observed Madera. He added: “We are always consulted on what to do and now the new government wants to abolish.”

Madera noted that the funds were used to construct schools, dispensaries, laboratories and social halls. They even paid schools fees to chil-dren majority of who are now hoping to join ter-tiary education.

“We are going to be behind people who will agitate for retention of the CDF kitty and it should run alongside other devolved funds,” noted Madera.

During a CDF board tour of the region, other pastoralists communities raised similar sentiments.

Their concerns are that the new system of government might do away with the funds and establish a new system of devolved funds which might not meet their demands at grassroots level.

Since the funds were established nine years ago, the region has equally achieved development and funds have trickled down to the grassroots.

According to Gollo Adan, an officer with Action Aid in Sericho, the creation of the funds had helped to construct schools, hospitals, water projects and bridges in areas that were previously marginalised. The residents appealed to the Gov-ernment to continue channelling funds to Con-stituency Development Fund in order to spur development in arid and semi arid districts.

FamiliarityThe locals, who spoke during a familiarization

tour of the project by the CDF board members, challenged the Ministry of Northern Kenya to draw legislative plan to set aside 15 percent of the country’s GDP for the development of the arid and semi-arid districts.

Adan suggested that funds should be dis-bursed through the CDF to ensure that the re-gions which were marginalised over the years catch up with the rest of the country in terms of development.

The residents said the entire northern Kenya had been affected by the Shifta war of the 1960s and biased policies by both the colonial, Kenyatta and Moi governments had led it to lag behind in all spheres of development.

They attributed poor infrastructure, lack of clean water and low levels of education to the se-cessionist war and the past policies that margin-alised the region over the years.

The locals said though the CDF had helped in addressing some of the challenges they face, not even a new Constitution would help in ending the problems they face. The region has been affected by rising insecurity, diseases, poverty, lack of ac-

cess to clean water and deteriorating standards of education.

Chief Executive Officer Isiolo CDFYussuf Mbunu said the achievements of the fund will not be measured against other devolved funds. He said almost all the projects in areas they visited had in one way or the oth-er transformed the lives of Kenyans either through education, health, water and road network.

“We are extremely happy because most of the schools in this region were in muddy houses before but now we are able to put up permanent classrooms and children are now learning in a conducive environment,” noted Mbunu.

The board members assured the residents that the national office will continue to help and em-power them enhancing development.

Though there has been a lot of criticism by civil society organisations over how the funds are used, the board noted that the CDF has continued to empower and significantly change the lives of Kenyans.

“We always have misconception among us that the politicians cannot be good managers of

this fund but it has been proven against with what they have been able to do,” said Abbass.

He noted that some regions had never had a secondary school but the MPs were able to come up with several of them through the support of the funds’ kitty.

The board now wants the Members of the Parliament to amend CDF Act in tandem with the expected county government structures.

According to Mbunu, apart from the organ-isation and management structure, the act will also be reviewed to strengthen and cement ave-nues of public participation in conceptualization, and implementation of development projects.

“Just like all government administrative struc-tures which are currently re-structured along the county government, there is an urgent need to amend CDF Act to comply with the constitu-tional provisions,” noted Mbunu.

St Paul Seconda ry School in Isiolo North, a product of the CDF kitty. Below, some

of the officials during a CDF board tour of the region. Photo: Hussein Dido


Community urged to join sporting activities

Free secondary education pushes up numbers

By KARIUKI MWANGI

Residents of Embu and the larger Eastern Province have been asked to consider engaging in sporting activities as a source of living so as to boost their economy and that of the county.

CompetitionAccording to Emilio Kathuri,

Manyatta Member of Parliament, residents of Embu have been missing in action among athletes who have been shining in na-tional and international competi-tions. He noted that they should work on engaging themselves in sports so they can benefit from it economically.

“It is unfortunate that there are no people from Embu who feature in national athletics, foot-ball and volleyball among other sporting activities,” observed Kathuri. He added: “You should now break the imbalance and join

in the various sporting activities.” Speaking at a youth athletic

competitions in Embu, Kathuri pointed out that athletics has turned out to be a positive source of living among the youth in other parts of the country and the area residents should not be left be-hind.

“We are encouraging our students to work hard in both academic and co-curriculum ac-tivities so as they can be able to bag in the two for their economic empowerment.”

He noted that some of the students may not be good in aca-demics but can excel well in the sporting activities.

UnemploymentKathuri reiterated the need to

support the youth to develop the various talents that remain un-tapped yet they could use.

“With the rising levels of unemployment in the country,

athletics and other talents can be the only salvation for our youths to keep off drug abuse and other criminal activities if they are well nurtured,” he said.

Kathuri also called on the Government to consider zero rating on drug testing kits for ath-letes so as to ensure the country only produces athletes who are drug free.

He said it is discouraging for the Government to start taxing testing kits as it would lead to the athletes being allowed in the in-ternational competitions without first being tested and they are on high chances of being disquali-fied.

“We all want to ensure that the athletes the country produces are well tested and free from stimu-lants. This cannot be realised if the Government will continue taxing testing kits making it difficult for Kenyan athletics officials to ac-quire them,” he said.

By TITUS MAERO

The country has experienced mas-sive growth in enrolment at primary school level since the inception of the Free Primary Education Programme (FPE) noting that enrolment grew from 5.9 million in 2003 to 8.5 million in 2011.

According to Professor George Godia, Education Secretary introduc-tion of Free Day Secondary Education (FDSE) in 2008 saw enrolment in sec-ondary schools rise from 700,000 to 1.7 million students countrywide.

GrowthIn spite of this growth in the edu-

cation sector, Godia noted, that there are challenges such as finding enough places for primary school graduates into secondary schools.

He observed that there has been very high demand for places in the only 18 national secondary schools in the country.

Speaking at Kakamega High School, Godia noted that there are plenty of education opportunities available. He called on parents to seize the opportunity by sending their children to school.

Up grading of 87 provin-cial secondary schools to the national status under the Eco-nomic Stimulus Programme (ESP) is intended to address the ever growing demand by the many students who qualify to join the schools.

He pointed out that the government would continue

funding the improvement of the national schools noting that in this financial year, 30 schools in the first phase will receive KSh25 million for up grading of infra-structure.

AllocationThe educationist said out of

this money already KSh12.5 mil-lion has been disbursed to each school in readiness for the first national intake in January 2012. He added such schools would foster national cohesion and unity among the students and the community in which the schools are situated.

During the 2009-2010 finan-cial year, the Government allo-cated KSh 6.3 billion for the de-velopment of selected secondary schools into centres of excellence under the Economic Stimulus Pro-gramme (ESP).

He said that a total of 355 second-ary schools were identified country wide by various district education boards and each constituency was al-located KSh30 million for establish-

ment of the centres. The Ministry of Education,

thereafter, undertook the training of members of school management including principals, board of gover-nors (BoGs), parents teachers asso-ciations (PTAs) as well as the district

infrastructural coordinating teams (DICTs) on the implementation of the programme.

ObjectiveThe main objective of the Eco-

nomic Stimulus Programme in education is to enhance national cohesion and Integration, increase access and equitable distribution of national resources.

Other objectives include acceler-ated economic growth in line with Vision 2030, promotion of regional development for equity and social sta-bility and expanded economic oppor-tunities in rural areas for employment creation, improvement of infrastruc-ture and quality of education plus con-

struction of Information Communica-tion Technology (ICT) centres.

At the same time the Ministry of Education in collaboration with the Ministry of Environment is engaged in ensuring that schools participate in tree planting exercise to increase for-est cover.

According Godia, the tree planting venture in the learning institutions is important in view of the current global warming and climate change that has led to drought not only in the country but all over the world.

In the pursuit of expanded access to education, the Government has al-lowed provision of education opportu-nities to its citizens in most parts of the country where demand exists.

Gender discrimination remains high in education and employmentBy MARTIN MURITHI

Efforts to promote gender equality have failed despite various initiatives being put in place.

A policy by the government has been to have at least 30 percent of all appointments being of one gender. However, women remain the great-est victims of this equality despite ef-forts by the government to ensure that women occupy at least 33 percent of public job opportunities.

According to Dr Kilemi Mwiria, an Assistant Minister for Higher Education, employment in all sectors whether public or private should ad-here to the requirement of having at least 30 percent of women at all levels of administration.

“When considering eligible candi-dates for promotion women should be considered exclusively,” noted Mwiria.

Many girls complete secondary school but only 30 percent of them proceed with higher education. At the

same time those who join these in-stitutions are wary of taking the hard courses like engineering and end up in social science courses.

Considering that many of the girls do not continue with their education after secondary and others drop out of school at a very early age. Illiteracy rate among the aged is evident among women and mostly in the rural and slum areas.

While girls have challenges in completing education, those who

have face difficulties in getting equal employment opportunities. Similarly women are not promoted equally as compared to men since in many or-ganisations that are male dominated do not encourage taking orders from a female boss.

According to Mwiria, women face a lot of hardships right from the basic ed-ucation up to the job fields and work-places. “Women face hardships in rural areas due to their domestic chores. At workplaces they are demoralised by

being denied promotion,” he observed.Mwiria noted that it is difficult for

the female gender to access part time learning due to the inflexibility of the course schedules.

“Most of the part time courses are offered in the evening and weekends when men will want to see their wives in the house undertaking household chores. Mostly women do not feel secure away from home yet their hus-bands are not always at home,” noted Mwiria.

Murang’a urged to address dismal performance in education

Some of the shining stars in KCSE 2012. Inset: Professor George Godia, Education Secretary. Photo: Reject Correspondent

In spite growth in the education sector, there are still challenges

such as finding enough places for primary school graduates into

secondary school.

By RYAN MATHENGE

Educations stakeholders in Murang’a Coun-ty should adapt culture of finding solutions to poor results instead of shifting blame.

Former Education Minister Joseph Ka-motho and two former Assistant Ministers’ Joshua Toro and Kembi Gitura said blame game by the stakeholders will lead to more problems in learning institutions as well as affect performance.

SenatorKamotho, who is eying the seat of

Murang’a County senator spoke as politi-cians, teachers and provincial administra-tion in the region were trading accusations on the county dismal performance after it was ranked position 40 in last year’s Kenya Certificate of Secondary Education exami-nation.

Kamotho called on leaders to shun the culture of shifting blame but work in har-mony to address education concerns.

“All the stakeholders, politicians, pro-vincial administration and sponsors are duty bound to find a lasting solution to the cause of academic decline,” reiterated Ka-motho.

He proposed that the Ministry of Edu-cation should form a task force and help unearth causes of academic decline in Murang’a.

He advised youth to shun alcoholism as it has been pointed out as one of the factors leading to poor results.

“Research has revealed many of the young parents who have majority of chil-dren in primary school have abandoned their responsibilities of monitoring perfor-mance of their siblings,” said Kamotho.

He regretted a culture of parents storm-ing schools to beat and humiliate teachers reiterating that it is uncalled for.

“Instead of storming schools with in-tention of beating teachers, parents should be part of the solution and ensure their children perform well,” said Kamotho.


Interventions to give disabled persons a better life

United in religion for global peace

By SHABAN MAKOKHA

Cooperate companies and govern-ment ministries in Mumias have ad-vised people living with disabilities to form organised groups and seek finances from loaning institutions to uplift their living standards.

According to Athman Wangara, head of corporate affairs Mumias Sugar Company and John Kwach, business growth and development manager Eq-uity Bank, the two organisations have established policies to assist organised groups to enhance their economic base.

EnhaceWangara noted that Mumias, as a

company, does not have a slot to offer employment to physically challenged members of the society, however, it is able to hire them based on their quali-fications.

“Employment based on impair-ment will mean marginalisation, but as a company, we appreciate each member of the community regard-less of his or her physical status,” ex-plained Wangara.

Speaking during a stakeholders’ sensitisation forum organised by Ma-tungu Volunteers Disabled Persons held in a Mumias hotel, Wangara asked people with disabilities to brainstorm and identify their objectives citing the activity they are able to undertake in

Mumias and forward their proposals for consideration.

“We have hired 65 per cent of the total number of physically challenged people in the Mumias sugar zone but the problem is how to retain them be-cause the workplace is not disability friendly,” he noted.

According to Kwach, Equity bank educates organised groups on financial management but regretted that dis-abled people are missing on their list of beneficiaries.

“Do not sit back and wait to be served on a silver platter. Stand out from the rest and demand for what is yours,” Kwach advised.

He asked for proposals from groups of people with disabilities to get loans from the bank.

Qualification“This is the only way we can assist

you as a bank besides employing your peers who qualify for our employment requirements,” he said.

According to Godliver Omondi, Western Province chairperson for per-sons with disability, with special units for disabled learners that have been set up by the Ministry of Education are a way of seclusion.

She said children who learn through special units find it difficult coping with the rest world when they come out.

At the same time, Omondi asked banks to set up ATM ma-chines with Braille to enable the blind access the facility easily. She also asked them to hire staff who understand sign language so they are able to communicate with clients who are deaf “so that all people can be served comfortably regardless of their challenges”.

EquitableHe complained of the insuf-

ficient number of persons with disabilities in the job market and agricultural sector saying the trend has driven a good number of them to street begging.

“We look forward to send an appeal for equitable absorption in the job market, a representa-tion in the relevant bodies that champion for the rights of em-ployees to co-ordinate greater and meaningful work and em-ployment for persons with dis-abilities in all sectors of employ-ment both public and private,” Omondi stressed.

StigmaShe called for an end to stigma

especially in the transport sector where the physically challenged find it rough.

However, all persons with dis-abilities were urged to active and avoid

relying on others through begging. Mumias Sugar Company, Equity and Cooperative bank managers as well as the ministries of Agriculture and

Local Government noted people with disabilities have relied on assistance from well wishers and developed a syndrome of laziness.

By ODHIAMBO ORLALE

Peace Messages resonated a global peace meeting at the UNEP headquarters in Gi-giri, Nairobi last month.

Clad in colourful regalia, the over 200 delegates who included religious leaders from across the globe called for peace and transformation across the world.

The gathering marked the tenth an-niversary since the founding of the Global Peace Initiative of Women by the Palais des Nations in Geneva, Switzerland and the for-mer UN Secretary General, Kofi Annan.

FounderAccording to the founder’s initiative

from USA Dena Merriam: “We come to Africa in celebration of the growing net-work of women and men around the world who are quietly working to tap the human potential for inner transformation so that we can collectively create a more peaceful, just and sustainable world community.”

The meeting was officially opened by Achim Steiner, UNEP Executive Di-rector, on the eve of the International Women’s Day.

During the function, the delegates stood for one minute’s silence in honour of their fallen sister, Nobel Peace Prize Laure-ate, Prof Wangari Maathai.

FunctionMaathai’s role in the women’s move-

ment and in protecting the environment made her a household name locally and internationally until her death last year.

The former MP for Tetu and Assistant minister for environment is renowned for her speech when she received the coveted prize in Oslo, Norway. Her powerful voice echoed in the meeting as the video clip was replayed on the screen: “In the course of history, there comes a time when hu-manity is called to shift to a new level of consciousness, to reach a higher moral ground. A time when we have to shed our fear and give hope to each other. That time is now.”

Later, some of the delegates were invit-ed to attend one-week retreat in the wilder-ness to get closer to mother nature at the world famous ranch of Kuki Gallman, the founder of Gallman Memorial Foundation and Great Rift Valley Trust in Ol ari Nyiro, Laikipia Nature Conservancy.

The 13 major religious groups regis-tered by the United Religious Initiative Africa office in Addis Ababa, Ethiopia, are Christianity; Islam; Judaism; Bahaii Faith; Buddhism; Hinduism; and Janism.

Others are Sikhism; Unitarism; Taoism; Confucianism; Zoroastrainism; and Native Spirituality.

PromoteAccording to URI, their purpose is to

promote enduring, inter-faith cooperation, to end religiously motivated violence and instead cultivate peace, justice and healing for the earth and all living beings.

Earlier, participants were taken through a session on responding to the cry of the earth, recognising the rights of nature by Dr Corneille Wango, an ecologist from Congo; Wang Yongchen, founder of Green

Earth Volunteers in China; and Bhante Buddharikita, founder of Uganda Bud-dhists Centre.

NatureThe delegates noted that most spiritual

traditions see the earth as a living system and know that degradation is more than just an environmental, health and eco-nomic crisis.

“It is an expression of a deep moral spiritual crisis. As a collective entity, we have lost sight of the preciousness of earth’s living systems and through our in-tervention have thrown the natural world greatly out of balance causing extinctions, polluting the soils, waters, air, disrupting the climate and causing a host of other natural disasters.”

The meeting’s theme was ‘Responding to The Earth and Human Community’. In the session on the underlying reality of inter-dependence: from a paradigm of dominance to one of cooperation chaired by Dena Merriam, the delegates discussed what they perceive as the deeper causes of the environmental crisis and what had brought the world to a place of such dis-connection from the natural world.

Healing“If we come to understand the inter-de-

pendence of the ecosystems and between the human community and the natural world, it will help change human behav-iour? What does it mean to heal our rift with the natural world, to come again into an intimate relationship with the forces of nature? It will not be enough to enact laws and agreements, although these are neces-sary. We must learn to see with new eyes our animal brethren, the rivers, forests and mountains,” Merriam challenged them.

The one-day forum under the “Awak-ening the Healing Heart programme” was organised by the Global Peace Initiative of Women in partnership with the Gallman Memorial Foundation with support from Shinnyo-en, the Fetze Institute and the Dharma Mountain Buddhist Association.

Youth widen understanding of

governance By KARIUKI MWANGI

A Non-governmental Organ-isation is exploiting ways of em-powering youth using local raw materials.

The programme aims at en-abling youths, women and per-sons with disabilities to get into leadership positions by forming networks from the grassroots to national level.

ProgrammeAccording to Stephen Mwa-

la, a Plan International Pro-gramme Officer in Kisumu, the programme’s beneficiaries will earn a living from resources usu-ally regarded as non-useable.

Mwala told a youth exchange programme in Embu that youth from Nyanza and Eastern Prov-inces would share experiences in solving their different problems.

Mwala said the exchange programme is important in ex-posing the youth from Nyanza to change perceptions that dis-courage women and youths from occupying positions of leadership in the Lake Victoria Region.

“The network formed by youths from various parts of the country will assist them in fronting issues that will help them engage in profitable occu-pations,” explained Mwala.

For most of the participants, the pilot exchange programme is important in learning how the Runyenjes and Kathiani electorate overcame the barri-

ers and voted in the two women members of parliament.

Benta Ochieng, a youth from Nyanza, said she was inter-ested in understanding why the people of Runyenjes and Kathi-ani opted to vote for women to represent them in parliament. She plans to use the experience gained to try and change percep-tions in her community which regards women as inferior.

“Women from my region are not allowed to speak in public forums and the disparity is also evident in schools with major-ity of the boys being given first priority which enables them to perform better.

Vitalis Ondiek, a represen-tative of persons with disabili-ties noted that cultural barriers have continued to hinder phys-ically challenged persons from being elected into positions of leadership.

Capacity“Traditional myths in

Nyanza have made people believe that persons with dis-abilities do not have the mental capacity to lead properly thus discouraging them from con-testing for fear of stigmatisa-tion,” observed Ondiek.

Ondieki said that the visit would also enable persons with disabilities realise their consti-tutional rights.

“The exposure in the East-ern region is high compared to Nyanza where withdrawal is still a problem,” noted Ondiek.

These are only a few of the many women living with disability but who are now aspiring to run for various political seats.

Photo Reject Correspondent

The Late Prof Wangari Maathai, nobel peace prize winner for her efforts to conserve environment.

Photo: Reject Correspondent


By HENRY KAHARA

The question of how county govern-ments are going to be funded is send-ing jitters across the board with some quarters calling for a review on the proposed mode of resource allocation to guarantee equity.

Critics feel that some counties are already well equipped and, therefore it is unfair to fund them equally with areas that have suffered marginalisa-tion since independence.

DevelopmentDevolution presents an opportuni-

ty for a more equitable model of devel-opment. But implementation process comes against a backdrop of pro-nounced inequalities that have been premised on political inclinations.

These, therefore underscores the need to craft strategies that will ad-dress the glaring disparities and ensure that neither the Counties nor the na-tional governments become financial-ly crippled.

The Constitution mandates that a minimum of 15 percent of national rev-enue be transferred unconditionally to counties but this will not be enough to finance the full set of devolved systems.

EconomyThe annual World Bank economic

update report provides an insight on how these functions can be devolved effectively.

According to the report, counties that currently appear like they will gain most in the new dispensation may be the biggest losers in practice.

The report says that regions which have been historically left out are pre-cisely the ones whose capacity con-straints are likely to be more binding and cites the weak financial manage-ment, major disruption in service de-livery and unmet expectations.

Devolution“The success of devolution will

depend critically on capacity building and preparation at the local level,” adds the report.

The document also states that counties which the national govern-ment has interest in may reap much in devolution as the Government will in-vest more in them. Marginalised areas too will benefit much from this.

The report further states that es-tablishing strong systems and institu-

tions to enhance accountability at the county level will determine the success of devolution.

Accountability“In many countries, poor systems

of accountability have undermined devolution leading to more corruption and weaker public services,” states the report.

During the promulgation of the Constitution, President Mwai Kibaki said: “New institutions will be estab-lished both at the national and county governments and thus must be sup-ported by all Kenyans. More impor-tantly, let us use the opportunities being offered by the county govern-ments to develop all corners of the country for the attainment of Vision 2030.”

According to the President, unless all Kenyans join hands to make sure everything is done in the right way we may end up not enjoying the fruits of the new constitution.

ReportSpeaking during the launch of the

Kenya Economic Update by the World Bank at a panel discussion, Tourism Minister Najib Balala said that for the County Government to transform Ke-nya’s economy, the quality of leaders elected to head the new governance structures will play a major role.

He noted that academic qualifica-tions and experience were not enough for leaders to spur development.

“We need to elect people of integ-rity, we need to have leadership and institution capacity,” said Balala.

Provincial Administration has stifled ministries, departments and

agencies

Resource allocations threatens stability of county governments

By NDUTA KWEHERIA

The President’s refusal to assent the County Governments Bill, 2011 is a blessing in disguise. It provides us with a definitive moment to not only redesign structures of the Provincial Administration but also to review the policies and functions of public agen-cies.

The Constitution creates two lev-els of government, both at the county and national level and distributes functions between them. Article 6(3) is emphatic that the national govern-ment must ensure reasonable access to its services in all parts of the re-public.

DecentralisationThe question that must be quickly

yet carefully answered is how then should National government de-centralise its services to the County, Constituency and Ward level?

The colonial and post indepen-dence governments in Kenya opted for provincial administration as their preferred way of decentralising services. But this only served to per-petuate tyranny and exclude major-ity of Kenyans. While, the Provincial Administration purported to main-tain law order and order, crime spi-ralled to alarming levels with more areas registering a near disintegra-tion of essential services. Conflict situations took another dimension as the provincial administration quasi-judicial role in conflict reso-lution, peace building or cohesion was replaced by a clogged up sys-tem that was not responsive to the needs of the ordinary Kenyan.

A more clearer perspective on the performance of the provincial ad-ministration renders it unfit to con-tinue existing in a democratic order.

On security or crime prevention, the chief still operates with a hand-ful of Administration Police officers

to oversee ‘security’ in vast locations. In remote areas, the chief has to con-tend with support from untrained, unmonitored and often ethnically and politically biased Kenya Police Reservists (KPR).

Youth countrywide are grappling with the effects of unregulated alcohol, drug abuse and trafficking. The pro-liferation of small arms and livestock theft threatens the social fabric as criminals become more sophisticated.

On environmental protection, Kenya has lost substantial forest cover through illegal logging and recommendations, often by the pro-vincial administration, to de-gazette forests in the name of settling squat-ters. Media reports have revealed that such recommendations to de-gazette forests and water catchment areas are often done under guise of grabbing prime land for the benefit of unscrupulous politicians, the Pro-vincial Administration themselves and a few supporters of politicians who masquerade as squatters, while the politicians they front for hive off thousands of hectares of forest land.

JudiciaryOn the quasi-judicial function of

peace building, cohesion and conflict resolution, the Kofi Anan-led rec-onciliation team in 2008 heard that misallocation of land is essentially what fuels inter-ethnic conflict. Yet, it is the provincial administration that has presided over District Land Boards and Tribunals, and made rec-ommendations for degazettement to settle squatters, IDPs and other land-less people.

On family and petty disputes, the mediation role that chiefs have played has earned the tag ‘kangaroo courts’ because it is often alleged that deci-sions favour the rich, are un-enforced where they favour the poor and both parties end up making an un-receipted ‘payment’ for the service.

Further, all functions that pro-vincial administration has been per-forming have under the new constitu-tion been assigned mostly to County Governments and different organs of the government at national level. Under Schedule IV, policy making on agriculture, livestock, fisheries, pub-lic health, water and environmental protection, is a national government function, while the actual implemen-tation is a County Government func-tion, meaning no role for provincial administration. While citizens have since independence elected coun-cillors, the role of those elected rep-resentatives in local government at ward level has been emasculated by the existence of chiefs as a parallel au-thority, raising questions on what the role of elected representatives to the county assembly and the county pub-lic service will be if chiefs continue to take up the local governance function in the Ward.

Crime prevention, security and early warning on potential conflict are now functions of the National Police Service. Provincial administra-tion is not among the security organs recognised under Constitution. In fact, by purporting to perform this function, what the provincial ad-ministration has done is to prevent the police from decentralising their services. In over 40years of indepen-

dence, there are still no adequately staffed and equipped police stations at ward level. Reason: For as long as provincial administration has been performing this function, no matter how poorly, there was no need to al-locate funds for adequate staffing, re-muneration, professionalisation and equipping of the Police to operate at village and Ward level.

ResolutionAgain, the reason why Kenya has

not invested in ensuring there is an efficient and accessible system of dispute resolution is that for as long as the provincial administration was playing this role, there was no need for the Judiciary to worry about de-centralising its services, and how to make itself friendly to the poor and uneducated. Today, the Constitution under article 6(3) and 258 compels the Judiciary to ensure access to justice which means more formal courts; but which are cheaper, less technical and nearer to the people, as well as the introduction of Alter-native Dispute Resolution (ADR) mechanisms, that acknowledge that Kenyans respect and use their tra-ditional justice systems, which are a form of ADR to resolve disputes. Practically this means that the Police should from now see themselves as a service not a force, be present at

ward and village level, be able to in-vestigate and have early warning of potential conflicts and liaise with the judiciary to mitigate. The Judiciary must from now on employ profes-sionals whose main work will not be litigation, but ADR; a complete paradigm shift from what has been happening.

The provincial administration also serves as some sort of coordina-tion or liaison point between Minis-tries. However, even on this, there is really no role for provincial admin-istration as each Ministry has a way of conducting its horizontal inter-ministerial relations and its vertical relations from County, Constituency to Ward Level. Allowing provincial administration to play this role has been detrimental to the growth of the public service at the lowest level.

ProvisionIn conclusion, Constitution pro-

vides answers to the question on how national government should take its services to the lowest level possible. In fact, it provides guidelines on how to restructure provincial administra-tion by redeploying its well trained and experienced staff elsewhere.

The author is a Senior Programme Officer, responsible for Economic, So-cial and Cultural Rights at the Kenya Human Rights Commission (KHRC).

Provincial administration take queue during a public forum. Photo: Reject Correspondent


Rice farming to control

Budalang’i flooding

By FRANK OUMA

Rice farming is emerging as an alterna-tive form of cash crop for farmers in flood prone Budalang’i area in, Bunyala District.

The area that has been synonymous with floods is now being transformed into a leading rice producing area.

MultipurposeAccording Christopher Gunyi,

chairman of Magombe Multipurpose Co-Operative Society, farmers in the area have a reason to smile after ventur-ing into serious rice farming.

“We used to rely on maize farming which had low returns but now with rice we are getting something,” ob-served Gunyi.

Areas such as Rwamba, Munaka, Mudembi and Nanjomi that would be flooded during the rainy season are today leading producers of rice.

The farmers have already started har-vesting and they are now targeting 45,000 bags of the cereal.

The initiative has received a major boost from the Ksh 2.3billion disbursed by the National Irrigation Board to assist in rice farming within the next three years.

According to Joel Tanui, a manger with NIB the area has a great potential that needs to be utilised.

The programme being conducted within the River Nzoia belt targets 20,000 farmers. The programme is set to produce four million bags of maize and a million bags of rice within a pe-riod of two years.

The project funded by the World Bank targets 30 groups in Ugunja, Alego Uson-ga and Budalang’i districts.

According to Tanui, the project that covers more than 14,000 hectares will be put under gravity-fed irrigation.

In order to allocate more land for the cereal, Bunyala District Agriculture Offi-cer Michael Wekesa says they will double the acreage under rice.

“Farmers are embracing rice farm-ing in large numbers and we hope that this will help boost food security in the District,” he said.

The initiative is being supported by economic stimulus programme and more than 1,600 hectares of land is now under rice farming.

StimulusWekesa says that farmers in the area

have the capacity to harvest if the pro-gramme is expanded.

However, the only challenge is that middlemen have pitched camp in the area to take advantage of the desperate farmers.

According Cajetan Gaitano, a farmer in the area, lack of market and poverty makes it easy for brokers and middlemen to buy the rice at a throw away price.

Under the new initiative farmers will be equipped with knowledge to grow a variety of crops such as maize, arrow roots, potatoes, rice, fruits and vegeta-bles for domestic consumption as well as selling.

Statistics indicate that Kenya imports three-quarters of the rice consumed from Asian countries such as Pakistan under preferential tax terms.

Water payment defaulters put on notice

By FRANK OUMA and CAROLINE WANGECHI

Failure by water bodies and companies to pay the cost of water provision has curtailed operations of the Water Re-source Management Authority (WRMA).

According to the authority’s chairman Francis Nyenze, the in-stitution is owed more than Ksh2 billion by different water bodies in the country, a fact that ham-pers its operations.

“We want water bills to be paid promptly and we are putting all defaulters on notice. We will not continue to allow them to source for our water without paying for it,” stressed Nyenze.

He noted that the authority will continue with disconnec-tion of water to companies that do not pay for the commodity promptly and advised them to seek ways of settling those bills.

Authority Nyenze said water charges

were still affordable and thus there should be no delay in payment to the authority.

“We use the money that we collect from vari-ous companies for conservation of water catch-ment areas and, therefore, no one should delay us or else Kenyans will not get this essential commodity,” he reiterated. Nyenze put on notice those who are destroying the catchment areas saying that they will be arrested and charged in court. Speaking at the same function, Prof Rich-ard Mibey, Vice-chancellor of Moi University noted that the institution will partner with or-ganisations in the area to enhance protection of water catchment areas.

“Moi University will continue to partner with WRMA in protection of wetlands and other wa-ter sources,” noted Mibey. Meanwhile WRMA has signed a memorandum of understanding with Eldoret Water and Sewerage Company to guide in the payment of Ksh6.5 million debt.

The company will be paying the authority Ksh816,000 per month in addition to quarterly

payments of Ksh1.3 million. At the same time, water shortage in Eldoret

town in North rift is set to be a thing of the past after Eldoret Water and Sanitation Company completed its rehabilitation project.

Meanwhile, Mwea rice farmers owe WRMA over Ksh 1billion. According to Philip Olum, chief executive officer WRMA, farmers in Mwea have not paid for the water for a long time.

WRMA is blaming the National Irrigation Board (NIB) for delays in clearing the debt since it is the body that is responsible for management of water in the area.

“I am taking up the issue with NIB since they are the permit holders,” reiterated Olum.

He urged the Government to come with mo-dalities on how the debt will be repaid failure to which WRMA will move to court.

Olum noted that over the last eight years, the company had lost huge amounts of money through bad debts and thus plan to move to court to have organizations pay their debts.

He said that once the debt is recovered, the

money will be channelled towards the construc-tion of dams for irrigation in Nyanza, Taita and Isiolo.

FloodingThe Authority also plans to extend its services

in other parts of the country including the flood prone areas to end the perennial displacement of people and unwarranted deaths.

“We are going to construct a dam that will act as a water reservoir to minimise flooding and cases of people being displaced,” explained Olum.

Through community based organisations, WRMA has set aside Ksh25 million for conser-vation of the environment in various parts of the country.

The money will be used in the reduction of soil erosion and degradation as well as encour-age activities that help in the management of forests.

In September last year, WRMA disconnected water supplies in Mwea Division over Ksh1 billion debt.

Pastor declines to preside over under age marriage By PAUL KIMANZI

A pastor declined to preside over a marriage cer-emony that would have seen a 16-year-old girl married off to a 30-year-old man.

The ceremony was scheduled to take place early in March at a local school at Itivanzou Lo-cation, Kamuwongo Division, in Kyuso District.

The local pastor who was invited to preside over the union turned down the invitation at the eleventh hour upon learning the bride was un-der 18 years.

CeremonyFortunately, the pastor learnt about this a day

before the big day. Sadly, both the bride’s and groom’s parents had already hammered a deal to have their children married.

Unfortunately, the ceremony took place despite the pastor’s absence. When the pas-tor declined to show up that day, the two went ahead to tie the knot through Kamba custom-ary arrangements, as their parents witnessed the union.

When contacted to comment on the matter, the pastor who spoke on condition of anonymi-ty criticised the union saying it is morally wrong as a pastor to preside over a marriage ceremony

involving a young girl who should be at school.“My conscience judges right, if it were my

daughter getting married at such a age, I would have acted the same,” observed the pastor.

On the contrary, when the girl’s father was reached on phone for comments, he said his daughter was mature enough to run her own fam-ily. He reiterated that all daughters do not belong to their family but to the home where they get mar-ried to.

However, he could not state the exact age of the girl insisting all he knows about his daughter is that she is mature to run her own family.

“My wife (girl’s mother) can bear me wit-ness because when I married her, she was even younger than my daughter is today. I don’t know what all this complaint is about,” he said.

ElopeA close family member who was disappoint-

ed by this act said he witnessed the girl’s older sibling married off at the age of 15 in 2010 after being lured by the same father into dropping out of school while in standard Seven.

Reacting to the matter, the boy’s mother said she had no choice but had to accept the girl whom her son brought to their home as her daughter-in-law.

“My son did not elope with the girl, as long as we had consent from the girl’s parents and the girl herself, the pastor let us down by de-clining to preside over the ceremony,” she re-iterated.

Such retrogressive practises have reportedly led to increased drop out from schools of girls in the remote parts of Ukambani as parents target to benefit from dowry.

The girl’s family members were divided over the union with some criticising the girl’s parents as stuck in the time warp while others welcomed the union terming it as a blessing to the family.

InterveneOn the other hand, majority of the members

of the community who were contacted to com-ment on the issue cried foul saying the Govern-ment should intervene and stop rogue parents from marrying off their daughters. However, there are a few others who said there is nothing wrong with the practice.

The young girl from Tulanduli sub-location, Kamuwongo division, while the groom comes from Mwingi East Constituency in Kitui County.

This shocking news brought to question the number of under age girls being married off under the cover of darkness.

Livelihoods Micro Projects continue to receive support to the benefit of the locals. Photo Reject Correspondent


Environment protection exercise launched

By PAUL KIMANZI and JANE MUTUA

An aggressive tree planting exercise involving the youth has been launched in Kitui County.

The exercise is meant to help improve the environment in area that has been affected by drought and lack of rains.

Access Kenya ICT Manager Charles Nguusya Nguna launched the tree planting campaign and appealed to the locals to be in the front line in conserving the environment.

Even as he planted trees Nguna also distrib-uted thousands of seedlings that had been pro-vided by the government for free in various parts of the county.

He sensitised the residents on the impor-tance of protecting and planting trees. He also created awareness among the youth on why they should be part of the process of protecting the environment.

Advantage“Take advantage of the project and go green,”

he advised.Nguna was speaking during an open forum in

Mwingi town where he had mobilised youth from all the 16 districts in the county to engage them in matters of development, tree planting included.

“Take advantage of the provisions of the new Constitution in matters relating to your rights, including vying for elective position,” Nguna challenged the youth.

Farmers urged to up tea growing

By CAROLINE WANGECHI

Kirinyaga tea and coffee farmers will benefit from the already passed motion that enabled waiving of farmers’ debts.

The motion that was passed last year will see farmers save KSh1.5 billion that will be paid to them through Bingwa Sacco.

Jane Mugo, who is the Bingwa Sacco manager said that the debt owed by farmers amounting to KSh40 billion had been waived.

ConstituencyKirinyaga Constituency MP Gachoki Gitari

urged farmers to plant more tea trees and coffee bushes saying that they are going to benefit from the rising prices.

“I urge all farmers who had cut down their tea stems out of anger over the falling shilling to plant again,” pleaded Gitari.

He advised farmers to use the bonus wisely citing that many men abandon their families and spend the money on commercial sex work-ers who normally invade the area when farmers have been paid.

“Many men run away from home when they get the bonus and spend it on commercial sex workers, only to return home empty handed,” observed Gitari.

He noted that the bonus will benefit the farm-ers some of whom their accounts had been left empty after deductions were made making it hard for them to pay school fees or even provide for their families.

Gitari regretted the coffee theft that has been going on and castigated the fact that berries are being stolen while in farms. He urged the youth to stop stealing the berries from farms.

The hard hit areas are Gathuthuma, Kibingo where a 27-year-old man was caught with seven kilogrammes which was to be sold on cash de-livery.

Worm invasion spells doom for Mwingi harvest

By LYDIA NGOOLO

From a casual scan of most sham-bas in Mwingi region, one gets the impression of an eminent promis-ing bumper harvest. It is not until one enters the farms that he or she realises that perilous vermin that has destroyed most of the yields to the chagrin of the farmers.

Just before farmers could start enjoying the fruits of their sweat, swarms of rapacious pests and worms in late November and De-cember invaded farms in the larger Mwingi region spelling doom.

According the area Drought Management Office depressed rains in the month of December exacer-bated the situation.

SecurityThe drought and food security

monitoring and surveillance bulletin reviewing the month of December, points out that African bollworm pest invasion coupled with low rains conspired to slash the expected crop yields by up to 50 percent.

Information in the bulletin indi-cate that crops are currently experi-encing water stress as the rains have failed and this will affect grain filling resulting in lower yields especially for maize.

“There has been an outbreak of crop pests in the district that are pos-ing the greatest food security threat at the moment. It is estimated that about 30 per cent to 50 per cent of crops will be lost as a result of crop pests,” said the report that was un-veiled by Francis Koma, Drought Management Officer.

Mwingi East District Commis-sioner Martin Mwaro put the de-struction at 35 per cent. He pointed out that the farmers’ expectations to get good yields have been adversely affected.

InformationAmong the worst affected areas

are Ukasi, Nuu and Mui locations. Maturing millet, cowpeas and green gram crops have been badly dam-aged by both worms and aphids and diminishing rains.

The crop failure has put the agri-cultural authorities on alert because the insects’ sortie may complicate

the food security situation for the Mwingi area that has experienced famine for a long time.

The region is now full of perva-sive hue and cry among farmers who have already lost acres of their crop to the insects. They have been left in deep shock and staring imminent food shortage in the face even as they emerge from devastating two year famine.

“I cannot bear it when I con-sider where we are coming from. It was a long and debilitating famine. Even before the first drop of the rain hit the ground I had already planted,” said Beatrice Mwendwa, from Cotton City village in Ukasi rued. She added: “I have put extra efforts to tend to my crops only for everything to be destroyed by these ravenous insects.”

Mwendwa regretted that all her millet had been completely deci-mated by the destructive insects. She said that the pests started invading their farms from the first week of November.

Mwendwa said initially the pest invasion was not anything serious adding had she known, she would

have used the traditional methods of smoking the farm to scare them away.

The aphids are draining sap from the millet grains leaving them worth-less. The worms are attacking green grams and cowpeas pods. They eat the cowpea leaves leaving them with holes making the crop to wilt.

Mutuku Mathoka, a farmer, who works at the County Council of Mwingi noted that in his home in Nuu area, cowpeas and green gram crops had been extensively damaged. He observed that hopes of a good harvest had thus been effectively thwarted.

“It is unfortunate that the rains stopped at the time of the worms’ in-cursion. Now, our fate is only known by God,’’ Mutuku lamented.

Other areas that were affected by the pests’ invasion include Mboru in Mwingi Central District and Nguutani in Migwani District. In these areas, maize and cowpeas were attacked by both aphids and the worms.

Munyoki Maimbu, a senior vil-lage elder in Mboru, in the outskirts of Mwingi town, said a good chunk

of his maize crop had been badly damaged by the worms. He said many farms in his neighbourhood were equally affected.

“These things did not rest at all. They were feasting our crops dur-ing the day and night but when the sun became too hot they would hide under the trees or even enter houses,’’ Maimbu noted.

InvasionHe added that the worms and

aphids are attacking the stock, maize cob and leaves of both maize and cowpeas.

According to Munyoki during the invasion the whole village would to spend the night sweeping out the worms that had encroached into their houses. He said it was a pretty tedious activity that left children awe struck as they had never witnessed such invasion before.

Leaves and the grass had been in-vaded by the pests making it hard for the livestock to feed on them.

During an assessment visit to Ukasi area in Mwingi East District, the larger Mwingi District Food for Assets coordinator Jacobus Kiilu la-mented that that the extent of dam-age to the crop was likely to deprive the farmers’ harvest.

He said that the area initially re-ceived plenty of rain and farmers planted early. “There were hopes of a bumper harvest but the pests have spoiled the party,” lamented Kiilu.

Executive Director: Rosemary Okello

Editor: Jane Godia

Sub-Editors: Joyce Chimbi, Mercy Mumo

Designer: Noel Lumbama

Contributors: Evelyne Ogutu, Karani Kelvin, Omondi Gwengi, Shamala Khamala , Henry Owino, Joseph Mukubwa, Fred Okoth, Caroline Wangechi, Lydia Ngoolo, Ben Oroko, Odhiambo Orlale, Henry Kahara, Jane Mutua, Odhiambo Odhiambo, Hussein Dido, Titus Maero, Martin Murithi, Ryan Mathenge, Kariuki Mwangi, Shaban Makokha, Nduta Kweheria, Frank Ouma, Paul Kimanzi.

Write to:

[email protected]

The paper is produced with funds from

www.mediadiversityafrica.org

“There has been an outbreak of crop pests in the district that are posing the greatest food security

threat at the moment. It is estimated that about 30 per cent to 50 per cent of crops will be lost as a result

of crop pests.”— Francis Koma, Drought Management Officer

Caption A farmer at her farm as she expresses fear of warm infestation over her produce. Inset, a warm feeding on what

was otherwise a healthy plant. Photo Lydia Ngoolo

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