Archive for February 2012

Release of the 2011 KCSE Examination Results

1.0 RELEASE OF THE 2011 KCSE EXAMINATION RESULTS

1.1 The Kenya National Examinations Council wishes to inform parents/guardians, candidates,
stakeholders and the general public that the 2011 Kenya Certificate of Secondary Education
(KCSE) examination results will be released on Wednesday 29th February 2012.

The ceremony will be officiated by Hon. Amb. Prof. Sam K. Ongeri, Minister for Education, at Mitihani House, off Denis Pritt Road, opposite St. Georges Secondary School starting from 9.00 am.

1.2 All Provincial Directors of Education (PDEs) are requested to be present during the ceremony and to pick results for their counties and districts for distribution to schools by respective District Education Officers. Invitation to relevant stakeholders has been sent through separate communication.

1.3 Candidates are advised to collect their results from the respective centres where they registered for the examination. The examination results will be available on the KNEC website: www.knec.ac.ke and can also be received by sending the candidate’s index number through a short text message (sms) to 5052 immediately after the release by the Minister for Education.

Please note that subscribers are advised to send one SMS and wait for the results before sending another one to avoid jamming the system.

1.4 Upon receipt of their results, the parents/guardians and candidates are advised to thoroughly scrutinize them for correctness.

In particular, they must ensure the accuracy of the following:-

1.4.1 candidates’ particulars i.e. names, index number and gender;

1.4.2 school names and codes;

1.4.3 individual subject grades and mean score.

1.5 Any discrepancy MUST be communicated to the Council within one month (30 days) after the release of examination results. This includes appeals for remarking. The Council will not accept any queries on the 2011 KCSE examination results after 31st March 2012.

1.6 All heads of schools have been provided with the following information about the results: W - Pended/Withheld, X-Absentees, Y- Irregularities and Z-Missing groups.

1.7 Candidates who have their results withheld will receive a letter through their head teacher
explaining why the results have been withheld until they submit the required documents e.g.
previous KCPE examination details for their results to be released.

Such candidates must submit the documents through their respective schools and NOT directly to the Council, by 31st March 2012 failure to which it will be deemed that the candidates do not have the required document(s) and their results will subsequently be cancelled.

1.8 Candidates who were involved in any form of examination irregularity have had their results
cancelled and they have been advised so in writing through their respective school principals
before release of the results.

Please note that the Council will post all cases of cancelled results on the KNEC website upon release of the results and the affected candidates are advised to check.

1.9 It has been noted that in the past principals have not informed parents and candidates whose results have been cancelled and this has caused them to travel all the way to the Council for information.

1.10 The Council will issue result slips for the KCSE candidates. All candidates must note that a result slip is not a certificate. The Kenya National Examinations Council reserves the right to correct the information given on result slips which will be confirmed by the issue of certificates.

1.11 The Council does not re-mark cancelled results.

COUNCIL SECRETARY/CHIEF EXECUTIVE OFFICER

KENYA NATIONAL EXAMINATIONS COUNCIL



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Registration of Candidates for the 2012 KCPE and KCSE Examinations

2.0 REGISTRATION FOR THE 2012 KCPE AND 2012 KCSE CANDIDATES

2.1 The Kenya National Examinations Council wishes to inform all the 2012 KCPE and KCSE
candidates and examination centres that the online registration system is officially running and they are required to access the KNEC website on www.knec-registration.ac.ke/kcpe or www.knecregistration.ac.ke/kcse to download the registration application and register.

This application is only available up to 31st March 2012, the last day of the registration period. Detailed instructions for the online registration process are contained in a user manual which can be downloaded from the same KNEC websites.

2.2 All KCPE and KCSE examination centers have been provided with a USERNAME and
PASSWORD to upload the file. The system requires the school principal or a designee (one
user per school) to send a short message system (SMS) to 6062 using the following format:
exam#school-code to 6062 e.g. KCPE#01101101 or KCSE#101101 to 6062.

2.3 Candidates are solely responsible for the accuracy of the registration data submitted to KNEC.

All examination centres MUST therefore avail the NOMINAL ROLLS for candidates’ confirmation before submitting to KNEC. Candidates are required to append their signature (not the principal or the school administration) for the accuracy of the details and in particular the following areas:

2.3.1 the candidate name and index number (for all);

2.3.2 the candidate school choices (for KCPE);

2.3.3 the candidate school photographs (for KCSE);

2.3.4 the candidate KCPE year and KCPE index number (for KCSE);

2.3.5 KCSE candidates MUST ensure they use the exact name they used in the KCPE
examination.

2.4 All KCSE candidates are required to upload their photographs which must meet the exact
stipulated specifications in the online registration guidelines. In particular the photograph MUST
be taken using a digital camera, and MUST be uploaded in batch then submitted to the Council by 28th February 2012 (the photograph upload portal will be closed after this date).

2.5 Examinations centres are advised to register as early as possible to avoid last minute rush and network congestion as was the case in 2011 registration.

2.6 Parents/guardians are obligated to confirm the registration status of their candidates including the accuracy of the information submitted to KNEC. Confirmation can be done at the KNEC Website: www.knec-registration.ac.ke. parents/guardians will not require username and password to login and they can only log in after the completion of the registration exercise on 31st March 2012.

COUNCIL SECRETARY/CHIEF EXECUTIVE OFFICER

KENYA NATIONAL EXAMINATIONS COUNCIL



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The Murang’a Declaration on Development and Political Future

PREAMBLE:-

We, the people and leaders of Murang’a County convened the Comprehensive Dialogue on 18 February 2012 at Ihuura Stadium, Murang’a Town on the development and political future of the County.

The meeting was called to discuss and adopt a clear roadmap to the rebirth of Murang’a as a “model county.”

The people and leaders in the Comprehensive Dialogue came from diverse sectors, including professionals, business, farmers, teachers, traders, clergy, community leaders, civic leaders, civil society, senior civil servants from the County and Members of Parliament.

The conference deliberated and agreed on a concrete action plan on the five developmental sectors of education; agriculture; health, water and sanitation; investment and industrialization; and leadership and governance.

The said people and leaders also agreed on the political future of Murang’a County, particularly the need to take a common and united approach to the crucial up-coming general elections in order to enhance peace, unity and stability at the county and national levels.

We, therefore, issue the “Murang’a Declaration on Development and Political Future” to guide our development programmes and political action in 2012 and beyond.

THE MURANG’A COUNTY COMPREHENSIVE DIALOGUE:

1. ACKNOWLEDGING the historic sacrifice by the past generations of the people and leaders of Murang’a County in the struggle for freedom against British colonialism; the “Second Liberation” for democracy against one-party dictatorship; and for the new Constitution and enduring democratic order in Kenya, particularly the role played by:-

a) Nationalist patriarchs/matriarchs such as Nyanjiru (of Weithaga) who organized the 1922 resistance together with Harry Thuku; Job Muchuchu, Jesse Kariuki (nicknamed ‘the Eye of the Nation’), Joseph Kang’ethe, James Beauttah (ceded his position to Jomo Kenyatta to travel to London to petition the Colonial Office on land in 1928) and Bildad Kaggia of the “Kapenguria Six”;

b) Mau Mau fighters such as Field Marshal Mbaria wa Kaniu, General Ihura wa Kareri, General Kago wa Mboko, General Kahara wa Hungi, General Muiruri wa Njuguna, Brigadier Hannah Njoki Gaichĩng’a and Njeri Kamau wa Gĩthirĩ;

c) Veterans of the “Second Liberation”, including Kenneth Matiba, Charles Rubia, Prof. Maina wa Kinyatti, David Mukaru Ng’ang’a and Maina Wanjigi of Muoroto issue;

d) Many heroes of the struggle for the new constitution.

2. RECOGNIZING the provisions of the New Constitution of Kenya adopted on 27 August 2010, particularly in regard to Leadership and Integrity, the Bill of Rights relating to Human Dignity, Environment and Economic Rights, and the relevant sections on the Executive, the Legislature and Devolved Government.

3. RECALLING the various consultative forums convened by the leaders of Murang’a on diverse aspects of development and public governance, including:-

a) The October 2011 round-table on Leadership and Governance relating to the Criteria for Electing Leaders to the various offices defined by the constitution;

b) The June 2011 meeting on the vision of Murang’a University, leading to the gazettement of the Murang’a College of Technology as a full fledged University;

c) The 27 January 2012 meeting of Stakeholders in the education sector convened by the MCI Education Committee relating to the action plan to improve the standards of education in the country;

d) The 12 December 2011 meeting of Murang’a leaders relating to the debt owed by Murang’a Coffee farmers, culminating in the waiver of Ksh1.2 billion by the government of Kenya;

e) The 18 February 2012 award of 32 scholarships to deserving bright students, including 16 girls and 16 boys, for four years presented during the February conference.

4. RECOGNIZING the need to respect the cultural and ethnic diversity of Kenya as the foundation of a stable and peaceful society;

5. REITERATING our commitment to the vision of a county where peace, justice and equality form the cornerstone of a prosperous society;

6. EXPRESSING SOLIDARITY with thousands of Internally Displaced Persons (IDPs) still in temporary shelters, and urging the Government of Kenya, particularly the Ministries of Finance, Lands, Special Programmes, and other relevant state departments, to speed up the settlement of all displaced persons and to expediently and exhaustively deal with the problem of IDPs.

THEREFORE, WE, THE PEOPLE OF MURANG’A COUNTY:

7. RESOLVE to adopt the “Murang’a Declaration” to foster unity and guide our development and politics to ensure the rebirth of the county and its transformation into a “model county”.

To this end, the Consultative Meeting further decides to:

a) DECLARE that the people of Murang’a County will support the “PNU Alliance” as the vehicle through which we will pursue and achieve the development aspirations and political future of the county and to support all efforts to:

i. Ensure the continuity of the Grand Coalition of President Mwai Kibaki, to which the county leadership belongs, in order to secure the legacy of socio-economic transformation;

ii. Work with likeminded leaders and political parties to promote and strengthen the PNU Alliance to ensure democratic elections and formation of the next government;

b)
PROMOTE a leadership with integrity committed to unity, national integration and reconciliation and opposed to the politics of ethnic divisions and hatred as the surest way of sustaining and perpetuating the legacy of economic development, peace, freedom and shared prosperity experienced in the last one decade.

c) COMMEND the unity of county leaders and urge for continued spirit of cooperation in the interest of the development of the county.

d) SUPPORT the on-going efforts to combat impunity especially relating to the post-election violence and to work to reclaim the dignity and sovereignty of the nation.

8. ADOPT specific measures to promote key strategic development sectors, including:

i. Improving the standards of education, ensuring access to all through bursaries; establish a Leadership Academy; and promote the Murang’a University into a centre of excellence.

ii. Promoting the productivity of the agricultural sector, including the coffee, tea, horticultural and dairy industries as the basis of wealth creation and employment;

iii. Attract investment and industry into the county;

iv. Support the improvement of health, water and sanitation;

v. Adopt urgent measures to ameliorate youth poverty, unemployment and disillusionment;

vi. Ensure the sound leadership and governance of the county, including the unity of leaders from all sectors of the county.

9. DECIDE to remain fully seized on the matter.

Dr. Moses Mwangi
Chairman
Murang’a County Initiative



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Konza Local Physical Development Plan - Ministry of Lands Notice of Intention to Plan

REPUBLIC OF KENYA

MINISTRY OF LANDS

THE PHYSICAL PLANNING ACT (Cap. 286)

NOTICE OF INTENTION TO PLAN

(KONZA LOCAL PHYSICAL DEVELOPMENT PLAN)

Notice is hereby given that the Director of Physical Planning in conjunction with the Ministry of Information and Communications is in the process of preparing a Local Physical Development Plan (LPDP) for the proposed Konza Techno city at Malili.

The plan is being prepared pursuant to the Physical Planning Act (Cap 286) and the Local Government Act (Cap 265).

The plan will provide longterm development and regulatory framework covering a period of twenty (20) years and is subject to regular review.

The plan covers parts of Makueni County on a site measuring 2058 hectares (ha) approximately. The site is approximately 60km east of Nairobi on the Nairobi - Mombasa road. It is also located 4Km north of Konza Town.

The purpose of the plan will be to promote realization of Vision 2030 in development of a Techno city at Malili. The plan shall provide both broad and short term policy guidelines to guide development and use of land in an orderly, coordinated, harmonious and phased manner.

The broad framework will:

a) Classify the area into appropriate land uses for residential, commercial, industrial and other purposes

b) Provide for an integrated transport network

c) Designating public purpose and public utility areas

d) Identify environmental and ecologically sensitive areas

e) Divide the plan area into portions for phased implementation

The short term framework shall provide for detailed actionable plans for the first phase of the project.

These details include:

a) Assessment of immediate land requirement to accommodate specific population needs

b) Detailed allocation of land requirements to various land users

c) Determining type and density of development in particular localities

d) Setting appropriate standards and guidelines for development and use of land and buildings such as plot coverage, plot ratio, setbacks, facades and densities

e) Setting out measures for conservation, enhancement and restoration of the natural beauty of the area including rivers, water courses, hills

f) Providing routes for power lines, telecommunications, water drainage and sewerage

g) Making proposals on energy solutions including green energy such as solar, wind and biomass

h) Making proposals for safe pedestrian movement, easy access to buildings, efficient circulation of traffic with business, convenient and ample public car parks, efficient road links among others

i) Proposing mechanisms and measures for plan implementation, monitoring and evaluation

j) Proposing any other appropriate solutions necessary for sustainable development of the techno city

The approach to preparation of the plan will be participatory, multidisciplinary and multi-sectoral and will therefore require partnership among all actors from public, private, community organizations, and individuals.

The duration for preparation of the plan is six (6) months from 22nd Feb to August 22nd 2012.

Any interested persons who wish to make representations in connection with the preparation of this plan may do so in writing to the offices of Makueni County Council, the District Physical Planning office, Makueni and the office of the Director of Physical Planning, Nairobi during official working hours.

Dated 22nd Feb 2012

AUGUSTINE K. MASINDE, MBS

DIRECTOR OF PHYSICAL PLANNING



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Charles Onyango-Obbo: Michuki was the bad guys’ good guy, and he was not afraid to take action

Kenya’s Environment Minister John Michuki died of a heart attack on Tuesday. He was 80. What a fellow! Michuki, a wealthy man, was not universally popular. His critics alleged he was an “ethnic entrepreneur” (read that as tribalist).

The Kenya nationalists contingent considered him a traitor who worked with the colonialists as an enforcer at a time when the people had risen against the British in the Mau Mau rebellion.

He was a perfect African product of his age, who had a thinly disguised contempt for the lowly, and did not particularly care for the fine points of democracy. He did not like us journalists; he
thought we were a pain in the backside.

Several years ago, after taking a particularly menacing anti-media freedom stance, he was cornered about it. He was unapologetic, saying, “when you rattle a snake, you must expect to be bitten by it.” And, confronted with runaway crime, he gave shoot-to-kill orders, bringing the whole human rights world down on his head.

Yet, you have the ultimate irony. Michuki’s weaknesses and failings made him easily the most effective of President Kibaki’s ministers.

African politicians and public servants are notoriously incompetent. They talk, talk, and talk, and do little or nothing. Michuki seemed to believe that he had rather be blamed for doing the wrong thing than doing nothing.

Outside of Rwanda, one of the few African countries that was able to crack down on the road madness that kills thousands of people every year, and the insanity of the matatu or daladala
industry, was Kenya. And then, only between 2004 and 2006, the period when he was still Transport minister and decided to deal with the problem.

The matatu industry is the most difficult to tame in Africa because there are too many vested interests. Often ministers own matatus, traffic police officers, who are supposed to enforce road rules are matatu owners, small and big and ruling officials are into matatus. So, it becomes impossible to manage.

Michuki, though, had utter contempt for things matatu — the people who drive them, the people who own them, and probably the people who travel in them. When the matatu strike to protest the “Michuki Rules” was on, you could see him talking about it on TV, looking like he was resisting a swell to throw up on his shoes.

So accidents dropped drastically and some hospital intensive care units in Nairobi all but stopped
working at night. When Michuki left and matatu appeasing and coddling Transport ministers came, mayhem and slaughter returned to Kenya’s roads.

But it is really what Michuki told us about the independence generation of African leaders that we should perhaps take away from his life. From Julius Nyerere in Tanzania, Milton Obote in Uganda, Kenneth Kaunda in Zambia, to Kwame Nkrumah in Ghana, they were nation builders,
but lousy multiparty politicians. All of them imposed one party rule. Yet, they have generally been judged kindly by history because they gave something back.

Coming to power as the colonialists left, they built a record number of schools, hospitals, opened up the economy to indigenous Africans, and extended scholarships to thousands, even millions. Why did they succeed more than the politicians who came after them? Because they had something to prove. Having battled with colonialism, which was partly based on the notion
that the colonised were somehow inferior, they were under pressure to prove the opposite.

They took power in societies that were in triple transition — from traditional to modern, from colonial to independent, from nations with small populations to those witnessing booms from the advances of modern medicine and the benefits of vaccination.

They had to move from the comfort and familiarity of their ethnic groups to deal with new national groups whose hearts throbbed to a different beat.

Some like Nyerere and Obote managed to transition into being “tribeless” and nationalist. Others like Michuki did not do as well. They were the majority. In common, though, they were
all patriots — which is why Michuki used to be so irritated by what he considered heckling from Western ambassadors.

If Michuki were a 45-yearold politician, he would be more politically correct. But he might also have been a hopeless Transport minister, too weak to take on the matatu crowd.



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IEBC Tender for Supply and Delivery of 9,750 Biometric Voter Registration Solution Kits and Matching Solution

The Independent Electoral and Boundaries Commission (IEBC) invites bids from eligible local and international vendors for the supply and delivery of a Biometric Voter Registration (BVR) Solution.

TENDER NO: IEBC 08/2011-2012

DESCRIPTION TENDER: Supply and Delivery of 9,750 Biometric Voter Registration Solution Kits and Matching Solution

CLOSING DATE: Friday 16th March 2012 at 12.00. noon (East African Time)

Tender documents detailing the requirements may be obtained from the Procurement Manager, on the 5th Floor, Anniversary Towers, University Way, Nairobi during normal working hours starting from Wednesday15th February, 2012 between 8.15 a.m. and 12.45 p.m. and 2.00 p.m. and 4.45 p.m. upon payment of a non-refundable fee of Kenya Shillings Five Thousands (KES 5,000). Payment shall be made in cash or by banker’s cheque at the IEBC offices on the 5th floor, Anniversary Towers, University Way, Nairobi, Kenya.

Prospective bidders may also download the tender document from the Independent Electoral and Boundaries Commission’s website at www.iebc.or.ke. Tenderers who will obtain the tender documents from the website must enclose a copy of the receipt or bank paying-in slip of the
non-refundable fee of KES 5,000 together with their bid documents.

Such payments should be made to:-

Bank Name: Central Bank of Kenya, Nairobi
Account Name: Independent Electoral and Boundaries Commission
Account Number: 0010103061

Completed tender documents (Technical and financial in separate envelopes) marked Technical and Financial, are to be enclosed in plain sealed envelopes and clearly marked with the tender number and tender description must be deposited in the Tender Box located on 5th floor, Anniversary Towers, University Way, Nairobi, or sent by post.

The envelopes should be addressed to:

The Chief Electoral Officer/Commission Secretary,
Independent Electoral and Boundaries Commission (IEBC)
Anniversary Towers, University Way
P. O. Box 45371 – 00100
TEL: +254-20-2796000
www.iebc.or.ke
email:info@iebc.or.ke
NAIROBI, KENYA

So as to be received on or before 16th March, 2012 at 12.00 noon East African time.

All bids must be accompanied by a bid security of 2% of the total bid price from a reputable financial institution or banker’s cheque payable to Independent Electoral and Boundaries Commission and must be valid for 120 days after bid submission deadline.

Late bids will be rejected. Prices quoted should be inclusive of all taxes (except customs duty and VAT), port clearing charges and transport charges to the delivery location at the Commission’s warehouse situated in the Industrial Area, Likoni Road, Nairobi, Kenya and must remain valid for 120 days.

Tenders will be opened immediately thereafter in the presence of bidders or their representatives who may choose to attend at the Nairobi Safari Club, University Way, Nairobi There will be a pre-bidders conference on Tuesday 28th February, 2012 at 10.00 o’clock at the Nairobi Safari Club, University Way, Nairobi.

The Commission reserves the right to accept or reject any tender in part or in whole.

O.J.H OSWAGO
CHIEF ELECTORAL OFFICER/COMMISSION SECRETARY



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Rasna Warah - Proposal to legalise prostitution is based on reality, not mere morality

Let me say at the outset that I do not think that prostitution is a healthy way to earn a living. Apart from being morally wrong and exploitative, prostitution is fraught with risks. Male and female prostitutes are under constant threat of being physically abused by their clients, of being beaten, arrested, and harassed by the police and of contracting sexually transmitted diseases.

Because prostitution is illegal, prostitutes are seen as criminals, and therefore have to operate under the cover of darkness — literally. But apart from the physical hazards associated with
the profession, there is the psychological trauma of having sex with multiple partners with whom one has no emotional relationship.

There is something deeply degrading and soul-destroying about being paid to perform sexual acts for strangers. Women, in particular, need intimacy and emotional connection during sex. Prostitutes have to shut down this emotional side in order to do their job.

Then there is the stigma associated with the profession.

Prostitutes are looked down upon — there are derogatory words in every language for
women who engage in prostitution. (Ironically, there are no such words for the clients of prostitutes.)

The dark — and often unrecognised — side of this profession is that many prostitutes are trafficked and sold. Many do not enter this area of work voluntarily — they are often threatened,
drugged, forced, and beaten into submission. They tell harrowing stories of being victims of rape or incest, of drug addiction induced by pimps (who then use the addiction to extract money
from them), and of being sold into prostitution by their own relatives.

Some voluntarily become prostitutes simply because they cannot find other types of work. When children have to be fed and schooled, the single mother with no job may turn to prostitution to
put food on the table. Having said that, it is also true that prostitution — often referred to as the
oldest profession in the world — will not go away simply by criminalising it.

Throughout the world, red light districts have formed an integral part of cities. Brothels, pimps, and high class “escort services” can be found everywhere, from London to New Delhi. Even in very conservative societies, where women’s sexuality is heavily guarded by social mores, prostitution is seen as a necessary evil that allows young men to gain sexual experience. In
fact, in these societies, men often have their first sexual experience with female (or male) prostitutes. (Women have to wait till they get married.)

During Mughal rule in India and in Japan’s geisha culture, for instance, prostitutes had a special,
elevated place in society. They were trained not only in the art of pleasing men physically, but cerebrally as well. Many undertook years of training in the arts, such as dancing, singing, and
poetry.

As long as there is a demand for paid sex, prostitution will exist. This does not mean it should be encouraged, but it does warrant some sort of regulation so that the so-called sex workers are not exploited and abused. Legalising prostitution will mean that prostitutes would be able to conduct their business without fear of harassment by the police. They would be able to sue clients and
pimps who physically abuse or exploit them. Because it would be recognised as a legal profession, prostitutes would be able to form unions and associations.

With labour rights, they could demand leave days and pensions from brothel owners. And because they would not have to lie about what they do, prostitutes would be counted in surveys
and targeted appropriately by social services, including HIV counselling.

Moreover, since they would be part of the formal economy, prostitutes and their clients would be subject to taxation, thereby contributing to the national economy.

It was perhaps these thoughts that crossed Nairobi mayor George Aladwa’s mind when he recently suggested that prostitution be legalised. Perhaps he should also extend this debate
to other towns as well, especially tourist resorts.

In Mombasa and Malindi, tourists openly pay for sex with girls and boys, while locals look on helplessly. Wrinkled octogenarian mzungus can be seen “dating” Kenyans young enough to be their grandchildren. The legalisation of prostitution could curb child prostitution as regulatory bodies would, ideally, play an oversight role.



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Centre for Multiparty Democracy Kenya State of the Nation Statement at the Beginning of 2012

I. THE MATTER OF THE INTERNATIONAL CRIMINAL COURT (ICC)

On Monday the 23rd of January the ICC Pre-Trial Chamber II delivered a majority decision confirming charges for four Kenyan suspects over the post-election violence matter.

We would like to urge all Kenyans that whatever the case they must maintain peace and be tolerant of one another. Things should be left to due process and we must conduct ourselves according to the law.

II. DEMOLITIONS IN EMBAKASI, SYOKIMAU, KYA’ NGOMBE, EASTLEIGH, AND OTHER PLACES

The demolitions of residences and other properties in the above mentioned places have completely lacked a humanitarian approach and as a matter of fact have violated our new Bill Rights in the Constitution.

The strength of the state lies not in using bulldozers to leave children without shelter, but rather in how innovatively and creatively it addresses problems that it encounters.

Given that the people in Syokimau had been hoodwinked into purchasing state land through dubious schemes involving the connivance of government officials, could the government not have done things differently?

That someone may be occupying a piece of land illegally is no justification for treating them in so inhumane a manner. A strong state is identified though adherence to the rule of law, absence of corrupt practices, effectiveness in service delivery, and responsiveness to citizens.

III. SOMALIA

Regarding the operation in Somalia, the following are crucial:

(a) It Should Not be Used an Excuse for Human Rights Abuses: The operation has already come
in as an excuse for human rights abuses and reneging on pay rise promises by the government.
That should not be the case.

(b) Tolerance: Equally, the operation must not be used as an excuse for discriminating against other citizens. It is unacceptable that some Kenyans are cashing in to ethnic bash fellow citizens of Somali ethnicity. This must be unreservedly condemned.

(c) Clear Exit Strategy: There is need for a swift and efficient exit strategy. It is important that
objectives remain specific, measureable, achievable, realistic, and time bound. Mission creep and
a lengthy stay with no end in sight must be avoided at all costs.

IV. IMPLEMENTATION OF THE CONSTITUTION

The implementation is lagging behind and it does not seem a good thing that Parliament is only
resuming its sittings on the 14th of February 2012. Elections are just round the corner and there are crucial pieces of legislation that need to be in place by the 27th of February 2012.

These are:

(a) Legislation on Land;

(b) Legislation on Removal of a County Governor;

(c) Legislation on Vacation of Office of the Member of a County Assembly;

(d) Legislation to give Effect to Chapter 11 on Devolution; and

(e) Legislation for Revenue Funds for County Governments. One hopes that there shall be no
waiting like the last time round to then pass all these legislation on the 26th of February that is the deadline date. The consequence of that is that we end up with low quality legislation.

CMD-Kenya is particularly concerned about the stalled process of the appointment of the Registrar of Political Parties at a time when parties are required to meet the conditions for re-registration by the 30th of April 2012.

Civic education needs to be intensified. A recent opinion poll that we commissioned seemed to indicate that many Kenyans are more aware of the “Mututho laws” than crucial facets of our Constitution.

V. THE UP-COMING GENERAL ELECTIONS

We must avoid the mistakes of 2007-2008. There are new laws in place that could help to do just that, but above all we much inculcate a more ethical and responsible political culture.

Familiarity must be developed with constitutional provisions on elections, the Elections Act 2011, the Political Parties Act 2011, and the Campaign Finance Bill 2011. We need to inculcate a culture of constitutionalism and rule following.

The matter of the election date needs to be conclusively resolved. The High Court decision was clear on the matter of the life of Parliament but the part about the role of the President and the Prime Minister in relation to a decision on the election date in the event of the dissolution of the Grand Coalition has raised some issues that need to be resolved.

The matter of boundaries review is ongoing and we cannot afford another aborted attempt like that of the defunct IIBRC. It will be important to control our passions over this matter. It seems like some Kenyans have allowed their feelings to get out of hand already, if reports of some of the meetings around the country are anything to go by. Reason, fairness, tolerance, and objectivity must prevail.

Violence must be avoided. It is a pity that some people have recently died in connection with party elections. Political leaders must forcefully speak out against politically related violence.
Kenyans need to register en masse as voters and also vote en masse. Political parties must engage in positive mobilization towards those ends.

VI. DIFFICULT ECONOMIC TIMES

We must not forget that these are turbulent economic times, with rising costs of basic commodities that adversely affect the most deprived of Kenyans especially.

We call for more prudent and innovative economic and financial management. The actions or inactions of the Central Bank and its Governor seemed to have created a lot of concern lately. It is crucial that we register good economic growth rates so as to sustain the creation of jobs and other opportunities especially for our youth.

The statistics for rates of unemployment, especially among the youth, are very stark. But good growth cannot be achieved with the malaise one sees in some crucial sectors like energy, with volatility in fuel prices and problems in electricity. The ministries and departments concerned are called upon to pull up their socks.

Signed by Steering Committee of the Oversight Board for and on Behalf of CMD-Kenya

Hon. Justin Muturi, Chair Njeri Kabeberi- Executive Director

Alice Wahome, Vice-Chair

Penina Mwashegwa, Secretary

Benjamin Gitoi, Treasurer

Onesmus Mbali, Deputy Chair/Chair External Programmes

Rose Mutiso, Deputy Chair/ Chair Internal Programmes

Stephen Nyarangi, Deputy Chair/ Chair F&E

Hon. Kalembe Ndile, Vice-Secretary

Lorna Nanjala, Vice –Treasurer

Jacob Haji -Member

John Wamagata- member



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GEMA Cultural Association Youth Group Statement on Post 2007 Election Unsettled Issues and the ICC Ruling

We, the GEMA Cultural Association Youth Group, representing young people from the GEMA community under the auspices of GEMA Cultural Association (GCA), wish to make the following statement in respect of the majority ruling by the Judges of the International Criminal Court
Pre-Trial Chamber II sitting at The Hague on Monday, 23rd January 2013, and in regard to some critical issues pertaining to the post-2007 Presidential election results yet to be resolved.

Firstly, we uphold with the dignity and the respect it deserves, the ICC judgement read by Judge Ekaterina Trendafilova based on the evidence from all the parties represented.

The courtliness and thoughtfulness in which the Judges and particularly Judge Trendafilova conducted the hearings as transmitted in live coverage from The Hague in our electronic media, earned our unqualified wholehearted commendation.

However, our categorical condemnation of the prosecutorial mannerism, right from the date the ICC Prosecutor Luis Moreno-Ocampo announced the names of the six Kenyans he considered as bearing the greatest responsibility for post-2007 election violence, right to the confirmation of the crimes against humanity charges in respect of Hon Uhuru Kenyatta, Ambassador Francis Muthaura, Hon William Ruto and Mr Joshua arap Sang, stands.

We wish to re-emphasise our considered conviction that Prosecutor Ocampo zeroed on the wrong persons in respect to some of the suspects and tried to justify his deliberately and politically lopsided prosecution charges by balancing the accused on political and ethnic scales in order to be seen as acting neutrally.

How, we have been asking, can the dreadfully malevolent crimes known to law be equally partitioned among the warring parties accused of committing such crimes?

And, notwithstanding the respect to the judgement as indicated above, how too, can the charges and dismissal of charges be equally confirmed and dismissed among the parties on trial?

Such investigation, prosecution, confirmation and acquittal in our humble appreciation can only be justifiable politically to achieve a particular pre-determined status, and not evidentially, more so considering the unqualifiedly highest level of threshold that the ICC process demands.

It is common knowledge to Kenyans who desire truth and justice and to the world alike, who were the masterminds of the post-election violence (PEV) and the greatest beneficiaries of the evil deed.

Mass action and “No Raila, no peace” inciters, mobilisers, financiers and beneficiaries of PEV remain at large, enjoying the fruits of the Grand Coalition Government.

Those are the hunters who should have been indicted at The Hague, and not the ‘hunted’ victims of Kenya’s most ruthless power seekers.

By deliberately omitting to name and charge those masterminds and inciters of Kenya’s catastrophic infamy, Luis Moreno-Ocampo entrenched the culture of impunity instead of making Kenya an example of ending it as he promised Kenyans and the world at the onset of his investigations.

We strongly believe that the appeal against the charges will succeed.

Secondly, we wish to be enjoined to all Kenyans led by Mrs. Ida Odinga, the wife of our Prime Minister Raila Odinga, calling for expeditious establishment of a local tribunal or such special courts of law to try locally all the suspects mentioned in the Waki Commission envelope that was handed to the ICC Prosecutor by former United Nations(UN) Secretary General Kofi Annan.

Since only six of the so called “Waki Envelope” suspects were named, investigated and charged by the Prosecutor, in the interest of justice we demand the naming, investigation and charging of all the other names in the envelope.

Our call for the establishment of our own criminal justice system to investigate, try and punish all the PEV cases is anchored in our detestation of our forefathers’ long and shameful history of brutish colonial enslavement.

We remain therefore totally opposed to any interference in our sovereignty, notwithstanding our political elites’ failure to jealously safeguard that sovereignty as they did in regard to the ICC cases.

We therefore unequivocally support the initiatives by the Director of Public Prosecution Keriako Tobiko, and Attorney General Githu Muigai to re-open the 5,000 local files for PEV offenders and the proposal by the AG to Chief Justice Willy Mutunga to open a new wing of the High Court to handle international crimes which incorporate the majority of the PEV cases, including the specific ones being tried for by the ICC at The Hague.

After all as President Mwai Kibaki told the Nation while commenting on the ICC ruling, “We now have a radically transformed Judiciary, an independent Office of the Director of Public Prosecutions, a police service that is being fundamentally reformed and a functional Witness
Protection Agency”, and that “it is the collective responsibility of all those institutions to ensure justice for all at all times”.

Thirdly, we wish to condemn most reservedly the failure by all those responsible to settle all the Internally Displaced Persons (IDPs) in their original and constitutionally entitled to homes, farmlands and businesses and/or in similarly appropriate settlements, in addition to the requisite restitution.

We are indeed deeply shocked by the utter indifference and the moral deficiency of those charged with the responsibility of resettling the IDPs who have in turn continued impudently to ignore with impunity the President’s directives.

It is time, we strongly believe, that a time-limit is decreed upon which we resettle all the IDPs much earlier before the next General Elections.

The same decisiveness and expediency must be applied to all those who are illegally occupying other peoples’ houses and property in parts of Nairobi, Rift Valley, Nyanza and Western Kenya counties as a result of PEV. Some of us have parents, relatives, guardians and friends who
have been rendered destitute by such shamefully criminal expropriation.

Fourthly, we wish to express our sympathy while re-affirming our solidarity with our leaders whom we consider as wrongly indicted. We remain hopeful of their acquittal through their appeal. We salute Hon Uhuru Kenyatta and Amb. Muthaura’s personal and voluntary decisions to vacate their high offices at the Treasury and the Office of the President as Permanent Secretary, Head of Public Service and Secretary to the Cabinet respectively.

This strongly attests and demonstrates their respect of public office and their commitment to public service and The Constitution of Kenya. Very few Kenyans have vacated their public offices so voluntarily and expeditiously.

We consider the persistent calls for them to vacate their offices long before the confirmation of charges and for Hon. Uhuru Kenyatta to quit from his constitutionally anchored office of Deputy
Prime Minster under the National Reconciliation Accord, as despicably irresponsible.

The youth of Kenya will forever be indebted to Hon Uhuru Kenyatta’s exemplary stewardship of the Ministry of Finance where he committed billions of shillings in stimulus programmes specifically for their socio-economic and indeed political empowerment. Other similar programmes for the youth have been subjected to mindless corruption and mismanagement.

Lastly, we wish to re-affirm our patriotic fidelity to our new Wanjiku-framed The Constitution of Kenya, 2010, commitment to and the respect of the rule of law and our dedication to hard work, honesty and integrity in our contribution to the attainment of Vision 2030.

We dismiss with the contempt it deserves those who continue to dismiss us as “Mungiki” adherent and who deliberately mistaken other diligent Kenya youth as adherents of the respective lawless terror groups associated with their ethnic communities.

We strongly believe that the youth of Kenya are also faithfully dedicated youth of the world.

Paul Kinyanjui Mwangi
National Organising Secretary
GEMA Cultural Association (GCA)
For, GEMA Cultural Association Youth Group
Nairobi, 8th February, 2012



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The National Budget for Financial Year 2012/2013 Request for Proposals on Economic Policy Measures

Republic of Kenya

Ministry of Finance

Important Notice

The National Budget for Financial Year 2012/2013

As mandated by the Constitution, the Cabinet Secretary responsible for Finance is required to submit to the National Assembly Estimates of Revenue and Expenditure of the National Government for the next Financial Year to be tabled in the National Assembly.

Towards this end, the Ministry of Finance has started the process of the preparation of the National Budget for the Financial Year 2012/2013.

The Ministry of Finance considers this period as important for consulting various stakeholders on key fiscal policy issues. In this regard, we wish to express our appreciation for the valuable contributions made by stakeholders ¡n the previous Budgets that continue to drive and sustain our economy.

In addition to public submissions and consultations on sector spending plans for MTEF Budget for 2012/13 -2014/15 held last week, we hereby invite the general public, Institutions in the Public and Private Sectors, Non-Governmental Organizations and Development Partners to submit proposals on economic policy measures that the Minister for Finance could consider for implementation during the 2012 Budget.

It is anticipated that your submissions will take into account measures that will enable the Government achieve faster economic growth and development in order to create wealth, employment opportunities and reduce poverty.

In particular, we suggest that your submissions should include:

a) Further measures required to achieve the objectives of the Vision 2030;

b) Additional measures to facilitate and fast track the implementation of a fully fledged EAC
Customs Union, the EAC Common Market and EAC Monetary Union;

c) Measures to deepen and broaden the tax base and simplify the tax system in order to ensure
revenue productivity, tax efficiency and fair tax burden; and

d) Any other measures that, in your opinion, needs to be considered in order deepen private sector development and provide additional impetus to economic growth and development during the Financial Year 2012/13 and beyond.

The submissions should be specific, supported with a brief statement of the issue to be addressed and the rationale for the proposals.

In order to facilitate timely consultations and adequate consideration, your proposals should be forwarded in writing to the undersigned through e-mail (budget2012 @treasury.go.ke) so as to be received not later than Friday 2nd March, 2012.

JOSEPH K. KINYUA, CBS
PERMANENT SECRETARYITREASURY



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