Is there anyone listening

It is a portrait of a Kenyan image out of Sub-Saharan Africa. 

In a background to the rest of the world lie deep roots of tribal lines. 

Interestingly Kenya is worth of all acceptances-the heartbeat of East Africa. 

Will the Dark Continent emerge and be counted as a light in the world? 

Let all wait in awe, baited breathe and catch a glimpse. 

Culture in my homeland is a maze more or less an unsolved puzzle. 

Greenfields, outflow of crystal waters and thunderous falls. 

Speak of a dreamland and Kenya would be the fortress Eden beauty. 

In two twists of a coin, head down, that was of old. 

Days when children huddled together like a bunch of bananas. 

Under the glitter of stars in thatched huts at a fire place with heart rending stories. 

Tongues of the old symbolized respect and demanded loyalty. 

Now it’s all in a butcher’s hand. 

Bloodshed was a reason worth independence but its sad how we still lag behind. 

In our ears folksongs linger along tribal lines. 

Brush, brush and modernization tunes in, the songs fade away. 

Reiterating is a rhythm of rights and civilization.  

Majority of people labor hard all to allures of sovereign rule, government of the people for the people by the people? 

Haki yetu! Chanting alarming woes and pleas. 

Common mwanainchi - name known to a lively hood in Kenya. 

Ought to add up to something? 

Yes, literally, it’s a whipping at the back.

Deprivation and the wanainchi are rendered hopeless. 

To more that catches the eye. 

For years in bargain to attain literacy in a bid to harness education. 

All to a cheap reality of failure. 

Speak of a job well done, may be for a mad man. 

Political mileage outsourced to a down trodden society. 

In other news headlines-a deficiency of power.

Aust Museveni talk of Mugabe. 

How about Kenya? 

Heavy weights and light weights a seducing outfit for Mr. Right or Mr. Wrong.
In an arena of political satire where a job ferry with an illusion of the Cinderella ward stick. 

Zoom! Magic then reality, ‘kazi ni kazi’.

In an ideal situation frustration to elite youth .

Talk of rights to commercial sex workers...

Stop sulking as sad as it may seem Kenya has a bigger ribbon to mend. 

Enough of the loss to the HIV/Aids menace.

Liberate Kenya. 

Is there some one up to the task?
::)) Is there anyone listening!!!!


-- Filament Bruvs

An ageing king woke up one day to the realization that should he drop dead, there would be no male in the royal family to take his place.

He was the last male in the royal family in a culture where only a male could succeed to the throne - and he was aging.

He decided that if he could not give birth to a male, he would adopt a son who then could take his place but he insisted that such an adopted son must be extraordinary in every sense of the word.

So he launched a competition in his kingdom, open to all boys, no matter what their background. Ten boys made it to the very top.

There was little to separate these boys in terms of intelligence and physical attributes and capabilities.

The king said to them, "I have one last test and whoever comes top will become my adopted son and heir to my throne." Then he said, "This kingdom depends solely on agriculture.

So the king must know how to cultivate plants. So here is a seed of corn for each of you.

Take it home and plant and nurture it for three weeks. At the end of three weeks, we shall see who has done the best job of cultivating the seed.

That person will be my heir-apparent."

The boys took their seeds and hurried home. They each got a flower pot and planted the seed as soon as  they got home.

There was much excitement in the kingdom as the people waited with bated breath to see who was destined to be their next king.

In one home, the boy and his parents were almost heartbroken when after days of intense care, the seed failed to sprout.

He did not know what had gone wrong with his.

He had selected the soil carefully, he had applied the right quantity and type of fertilizer, he had been very dutiful in watering it at the right intervals, he had even prayed over it day and night and yet his seed had turned out to be unproductive.

Some of his friends advised him to go and buy a seed from the market and plant that.

"After all," they said, "how can anyone tell one seed of corn from another?" But his parents who had always taught him the value of integrity reminded him that if the king wanted them to plant any corn, he would have asked them to go for their own seed. "If you take anything different from what the king gave you that would be dishonesty.

Maybe we are not destined for the throne.

If so, let it be but don't be found to have deceived the king," they told him.

The d-day came and the boys returned to the palace each of them proudly exhibiting a very fine corn seedling.

It was obvious that the other nine boys had had great success with their seeds.

The king began making his way down the line of eager boys and asked each of them, "Is this what came out of the seed I gave you?" And each boy responded, "Yes, your majesty." And the king would nod and move down the line.

The king finally got to the last boy in the line-up.

The boy was shaking with fear. He knew that the king was going to have him thrown into prison for wasting his seed.

"What did you do with the seed I gave you?" the king asked.

"I planted it and cared for it diligently, your majesty, but alas it failed to sprout." the boy said tearfully as the crowd booed him.

But the king raised his hands and signaled for silence. Then he said, "My people, behold your next king." The people were confused. "Why that one?" many asked.

"How can he be the right choice?" The king took his place on his throne with the boy by his side and said, "I gave these boys boiled seeds. This test was not for cultivating corn.

It was the test of character; a test of integrity. It was the ultimate test.

If a king must have one quality, it must be that he should be above dishonesty.

Only this boy passed the test. A boiled seed cannot sprout."

We live in a society that has become obsessed with success and many show success at any cost. We say the end justifies the means. It is the tragedy of life.

You see, failure often is an invitation to God to show that he is all-powerful and does not need help to make us great or to bless us.

You know, sometimes God looks for people who will trust him completely no matter what so he could show the world that it is not by might or by power but by his spirit.

God sometimes ordains failure.

But many seek to circumvent divinely ordained failure by resorting to dubious means.

When a civil servant builds a big house and sends his five children to expensive schools when he does not have a second source of income, is that not a case of a boiled seed sprouting?

When a minister of state is able to sustain a lavish mistress and at the same time put up houses from his income as minister, is that not a case of a boiled seed coming to life?

We should stop cheering rogues in WORLD!.

I believe that we have all been given lives to lead according to God's plan and if we are living faithfully, we should all have different results.

For instance, I believe that not all marriages are meant to have children.

I believe that some women would stand before God with their children and God would say, "That's strange. I did not give you and your husband children so how did you get these?" I believe that not every student should make it to the university.

So, many would stand before God with their certificates and God would say, "Now that is strange.

How did you get to the university when I closed the door to the university to you?"

I believe that not all people are supposed to marry.

But there are those who would throw away their scruples just to get a spouse. Now before God's judgement throne, they would hear, "Now that is strange.

You were to remain single to honour my name. So how did you get a spouse when I did not give you one?"

The bible says the race is not for the swift and the battle is not for the strong. So how come, that in WORLD the swift wins the race and the strong the battle?

It is because we are refusing to remain faithful to God and refusing to allow God to be God in all things and in our affairs. 

Boiled seed does not sprout.

Next time you see a successful person, find out what kind of seed he was given and ask him, "how come your boiled seed has sprouted?"

Interesting indeed!!

Setting the record straight on issues at CMC Holdings Ltd
 

A public statement by Jeremiah Gitau Kiereini.

I have served this country in many senior positions; both in the public sector as Chief Secretary, Head of the Civil Service and Secretary to the Cabinet and in the private sector as Director and Chairman of many companies including East African Breweries Limited, CMC Holdings Ltd and many more.

In a lifetime of dedicated service to the country and the business community, my conduct has always been beyond reproach and following considerable media reports regarding events at CMC Holdings Limited (“the Company” or ”CMC”), I now feel compelled to clarify some of the issues raised as follows:

I was at all material times a non-Executive Chairman of the Company. In such capacity, and as is the usual practice, I did not deal with the day-to-day details of accounts and management responsibilities. That was the exclusive preserve of the Chief Executive Officer (CEO) and the management of the Company. I did not at any time own any shares in the Company although a family Company, Kingsway Family Holdings Limited presently owns 12.5% of the shares of the Company. It’s also instructive to note that I am not a Director of the Company, having resigned voluntarily in March, 2011. I value and cherish the long and mutually rewarding relationship which I have had with CMC since 1984.

I have at all times co-operated, submitted and voluntarily given all material facts truthfully to each and every inquiry or investigation concerning the Company. I appeared before the forensic investigation teams from PriceWaterhouseCoopers (“PWC”) and WebberWentzel and duly provided them with all such information as I had pertaining to the Company. My lawyers, duly instructed, also appeared before the ad hoc Committee appointed by the Capital Markets Authority (“CMA”) and made representations on my behalf.

I am, however, dismayed that despite the adverse media reports touching on my integrity, not a single journalist or media house has ever sought my comment and/or clarification either directly or through my legal counsel before publishing the highly scandalous allegations. I am therefore constrained to issue this public statement to set the record straight.

The former CEO of the Company, Mr. Martin Forster who served the Company for 33 years made a public statement on 28th March, 2012 regarding his involvement and assessment of the issues and he exonerated me fully and unconditionally from any dishonesty or wrong doing. Coming from the CEO with whom I worked for many years, this is an important vindication of my integrity and  reputation.

The explanation and information disclosed to me over the operation of a scheme where commissions from manufacturers (Land Rover, Jaguar and Nissan UD) were retained in a foreign account named Corival (1996) was that the entity was a subsidiary of CMC Holdings and my understanding was that the arrangement was in the best interests of CMC and its employees. It is wrong for any report, be it the PWC Report or the Webber Wentzel Report or any other, to characterize commissions payable by manufacturers as “over invoicing”. CMC was, and is entitled to commission payments as standard practice by vehicle manufacturers worldwide. My understanding at all material times was that the Company was receiving commissions, in the ordinary course of business and applying the same as the management deemed to be in the best interests of the Company, its business and employees.

The establishment of the Corival bank account was done by Mr. Paul Benzimra, a son of the then CEO, Mr. Jack Benzimra and a Mr. Stanley Lewis. There is absolutely no truth in the allegation that I was party to the establishment of the Fairvalley Trust. I was informed of the existence of this trust by Mr. Jack Benzimra when he was CEO because it had already been established before I joined CMC.

As I came to learn subsequently, the Fairvalley Trust received funds from the Corival bank account in good faith basically to optimize CMC interests. It is instructive to note that Mr. Benzimra, Mr. Martin Forster and myself were at various times Directors of CMC, and in that capacity, kept the Trust on-going securely at all times. 

If this were not the case, nobody would have known there was such money and members of CMC management would eventually have lost it, if that had been any part of our plan or intention! I am disappointed that my efforts to preserve and secure Company funds have been misconstrued deliberately and maliciously with a view to tarnishing my reputation and subjecting me to public ridicule.

The incumbent Directors, Chairman of the Board and the CEO of the Company bear a similar responsibility and it is my hope and belief that the Trust is still an on-going viable asset managed to the benefit of past, present and future employees of CMC as per the instrument establishing it.

The use of Corival funds to lend money to CMC is true and was based on prudent and strategic considerations. CMC Holdings had borrowed funds from the African Development Bank (“ADB”) to finance a new building in Kampala in an effort to keep up with business expansion locally. After about a year, it was realized that the foreign currency loan from ADB was increasingly too expensive in relation to local currency revenues. 

Thus the Corival foreign currency account was used to pay off ADB and the funds re-paid to the Corival account by the local unit at a much lower interest rate. I am not aware of any “business model” where the Company borrowed money in order to lend it.

On the accusation that the Board appointed a Company Secretary who was not qualified, my understanding was that the position was held by that Mr. Shashi Shah, who also served as Finance Director but was qualified as Company Secretary as required by law. Mr. A.l. Musotsi was designated as a ’Minutes Clerk’ who merely took minutes and never signed any official document, or minutes as Company Secretary.

On the issue of any statutory disclosure on my part, I do not understand how a non executive member of the Board would communicate with CMA to inform them of non-compliance with the Corporate Governance Guidelines. I believe that such is the duty of the CEO. I also believe that if there was any non-compliance, the external auditors of the company would have brought the matter to the attention of the Board. Let me explain that at all times, every year, we had external auditors who gave us a clean report and never questioned or qualified any of the reports or accounts of the Company. 

In the context of the foregoing, one has to appreciate the role of a non-executive Chairman of any Board of Directors. In such position, I was not involved, and neither was I expected to be involved, in the day to day running of the Company. The CEO and his management team had been hired to do that and it was not my role to micro-manage them. I appeared in CMC offices only when I had to chair Board meetings, usually once a quarter. 

For anybody to now allege publicly and sensationally, without a shred of evidence, that I “stole’ “looted’ “stashed” and “hid” Company funds is the height of irresponsible and unprofessional journalistic practice. I have been defamed in the grossest way possible and my reputation and standing violated irresponsibly but I have retained my calm and composure because as the adage goes, the truth will always come out and prevail.

I aver publicly and in utmost good faith, that at all times when I served at CMC (as indeed in all other places at senior public and private positions in my long career), I have always acted responsibly, applied myself diligently and exercised all necessary caution and honesty to preserve the dignity and effective service that has given me a fulfilling life. I fully intend to continue on this path and no amount of mudslinging or vindictive manipulations will deter me from my life-long resolve to render such service as I can to my country and fellow citizens.

Finally, it is inaccurate, malicious and a violation of my basic human rights to speculate adversely on my suitability to serve on the board of any company, public or private. My ultimate vindication is my record of diligent and honourable service in both the public and private sectors. That record speaks for itself and will not be tainted by unproven, unsubstantiated and malicious allegations made against me.

Similarly unfounded and malicious allegations driven by speculative and self-serving motives, have been made about my family company’s shareholding in CMC. We are and shall continue to be committed and steadfast shareholders of the Company regardless of the unfortunate goings on fuelled by partisan interests which have no regard for the business interests of the Company. I urge all the parties concerned to put the interests of the Company first and to chart a new course beneficial to the Company, its shareholders and employees.

I therefore reject and condemn in the strongest terms possible the sustained smear campaign against me and my reputation. 

A lot of the falsehoods, half-truths and defamatory allegations peddled in the media in the recent past concerning me and my role in the Company could have been avoided if any effort had been made to give me a hearing and to convey my side of the story. 

I am a firm believer in truth, fairness and justice and I do not think it is too much to expect the same from others.

Dated this 1 4th day of May 2012

Signed:
Jeremiah Gitau Kiereini (EBS, EGH)

Speculations as to whether Uhuru will indeed run for presidency have been doing rounds for a while now. Uhuru himself has done nothing to quell the speculations, a good political tactic, keep your enemies
guessing. 

His ally William Ruto on the other hand has been more forthcoming, declaring that he indeed will run for presidency. He cemented this by unveiling the party he intends to use as a vehicle to get him to state house. 

But the ICC cases they are facing have thrown a spanner in the works. The ambitions of the duo, implicit or explicit have been blighted by the ICC cases. This is casting a long dark shadow over their future in Kenyan politics.

It is a mixed bag of fortunes for Uhuru and Ruto as far as the ICC process goes and of particular significance was the government’s ill fated attempt of shuttle diplomacy to have the ICC hand back the cases
for local trial even without structures in place to try the suspects. 

The infamous round the world tour by the VP Mr Kalonzo Musyoka  resulted in an endorsement by AU to have the cases tried in Kenya but this had no material significance, none whatsoever on the ICC process. 

You’d think the government learnt a lesson or two from this but that isn’t the case. 

Now there is the belated last ditch attempt again by the government to have the cases tried by an expanded East African Court. 

This amidst preparation by the Ocampo four to head to the Hague on June 12 for the preparatory conference where the rules of engagement will be laid down.

I sense desperation and frustration by the government and the Uhuru-Ruto camps who are throwing everything including the kitchen sink at the ICC and why wouldn’t they? 

The ICC is beginning to look like a moving target for them and they just can’t pin it down. A series of rulings by the court have rebutted any efforts to have the cases pulled out of its jurisdiction. The cases the court ruled must now proceed to full trial.

Why is all this relevant you might ask? For me, the ICC intrigues and now the decision by Sabatia MP and DPM Musalia Mudavadi to run for presidency completes the jig saw; we can now see the big picture. 

Surely, one would like to imagine that Ruto and Uhuru must have received counsel that there is a chance that they might walk free hence all the effort they have put into the case. So far, in its 10 year existence the court has only managed one conviction. 

On the 14th of March this year, the court found a Congolese warlord Thomas Lubanga guilty of war crimes, recruiting  children into his movement. 

This record is good news for the OCampo four. But if their counsel is fair, they will also inform the OCampo four that there is also a chance that they will be found guilty on some if not all the allegations leveled against them. 

For Ruto and Uhuru, this outcome will effectively end any dream of ascending to the highest office in the country, the presidency. But that is not the worst part of the story, what about their economic interests? The ICC is clear on this; they will forfeit all they own as reparations for the victims. 

Clearly in the event of a guilty verdict, they stand to lose more than just their freedom. Add to that Raila’s presidency and it becomes an even bigger nightmare and a double whammy for them and that’s why Uhuru and Ruto will do anything and everything to stop Raila’s ascendancy to the high office. This they have made it clear they will

It is this scenario that led me to conclude that Mudavadi’s entrance into the presidential race is clearly a backup plan for the Uhuru-Ruto alliance in the event that the worst case scenario, a conviction by the ICC was to eventuate. They want someone who they can trust, manipulate, someone who can protect their own interests and someone who shares a history with them. Who better than the Sabatia MP Musalia Mudavadi? 

As it stands now, Uhuru and Ruto know as much as Mudavadi does that on his own, he stands no chance of beating Raila. But throw in full support from Rift Valley and Central, split the Western and Coast vote and you begin to see how potentially Mudavadi can end Raila’s long held ambition of becoming Kenya’s president. 

By supporting Mudavadi’s presidential bid, and this I suspect is the eventual game plan, Uhuru and Ruto have in him a close friend who will protect their own interests and who could potentially if he becomes president refuse to cooperate with the ICC. 

I see Mudavadi’s entrance into the presidential race foray as the first chapter of grand scale political machinations by Uhuru and Ruto.

Gitaa Nyasani

KALPA (Kenya Airline Pilots Association) is the umbrella body representing professional pilots in Kenya, majority of whom are in the employment of a major local operator.
 

KALPA is an active member of IFALPA (International Federation of Airline Pilots Association), the mother organisation representing and co-ordinating professional Airline Pilots Associations worldwide.
 

In recognition of the growing importance of Kenya as an emerging and robust aviation hub, IFALPA, at the invitation of KALPA successfully hosted on October 25th-27th 2011, its annual AFI/MID (Africa and Middle-East) regional meeting in Nairobi where fruitful deliberations with industry stakeholders were held.
 

Through its steadily growing professional membership, KALPA seeks to continue to UPHOLD and ENHANCE the HIGHEST SAFETY STANDARDS required in this very SAFETY CONSCIOUS industry.
 

As we all know, the growth of the aviation industry and the strategic position of Kenya as a potential major regional aviation hub has informed the decision by the Government of Kenya to recognise the industry as a cornerstone of ‘Vision 2030’.
 

The KAA (Kenya Airports Authority) has gallantly taken up this challenge with vigour as seen by commencement of major infrastructural projects at Kisumu International Airport and J.K.I.A. The Industry eagerly awaits ground breaking of the Greenfield Terminal.
 

To affirm its commitment in ‘Vision 2030’, the Government of Kenya has chosen to exercise her rights in the just concluded rights issue of the National carrier. The acquisition of a 7.4% stake of the National carrier by the World Banks’ development arm, IFC (International Finance Corporation), and further commitment to finance its expansion serves to confirm to all stakeholders that the industry is steering the right course.
 

We would also like to encourage the Government to continue to increase funding to the KCAA (Kenya Civil Aviation Authority) to ensure its continued independence as it executes this herculean regulatory task. This will not only allow KCAA to be able to afford much needed talent to complement its existing work-force but also discourage KCAA from passing on the cost of regulation to the air operators, rendering them less able to remain competitive with regional and international competitors.
 

A strong believer in BRAND KENYA, KALPA whole-heartedly embraces “Vision 2030”, informed that it will lift KENYA and Kenyans to greater heights. We strongly believe and continue to advocate that the cockpits of Kenyan registered aircrafts continue to be flown by Kenyan pilots.
 

Various articles have quoted industry stakeholders intimating pilot shortages and predicting further deepening of the same in the future.
 

KALPA has noted with concern this pattern of mis-information highlighted in both print and electronic media and would like to take the earliest opportunity to set the record straight.
 

FACT 1. The Kenyan market remains able to meet the current and future demand for pilots. The numbers of pilots graduating, training and enrolling into local Flight Training Schools (FTS) will confirm this.
 

FACT 2. These Schools (major investments of industrious and hard-working Kenyans) mostly located at Nairobi’s Wilson Airport, continue to churn out very able and well trained CPL (Commercial Pilot Licence) holders who meet the minimum requirements for employment by all categories of air operators.
 

FACT 3. Any credible Flight Training School should be able to guarantee graduation of a pilot in not more that one and a half years and not the three to four years published in one of the local dailies.
 

FACT 4. Depending on the sophistication of the aircraft operated by air operators, only a maximum of 6 months is needed to put these FTS graduates through additional transitional training to become fully qualified pilots on the specific aircraft type.
 

FACT 5. Hard working Kenyan parents continue to SACRIFICE and INVEST in their children’s future by sponsoring their enrolment in Flight Training Schools in the belief that they will attain gainful employment upon graduation. To put it into perspective, the investment cost is in excess of Kshs. 5million. These parents deserve better than seeing their children labour to get jobs while potential employers ‘import’ labour.
 

FACT 6. Contrary to belief, NO operator in Kenya offers cadet ‘sponsorship’ program. Any such previous program has since been transformed into a completely different program. For truth’s sake, we would like this to be portrayed in it’s correct context.
 

FACT 7. The Kenyan aviation market has a large pool of highly experienced, high flight-time pilots. Since time immemorial, these pilots have successfully been recruited to sustain the growth of several local airlines that have since experienced tremendous growth over the past few years. In addition many have since been
employed by new foreign airlines and major world carriers. Majority would rather be working for their country KENYA.
 

A casual inquiry into the above statements will easily confirm their accuracy. Any narrative contrary to the above is outrightly FALSE.
 

As the main catalysts of growth, major operators provide much needed highly skilled jobs to a country’s CITIZENS. The onus is on them to not only seek to retain the pilots within their ranks, but also deploy a patriotic, proactive and aggressive approach to recruitment by tapping into the blossoming local market as follows;
 

1. Develop and continue to mould First Officers/Co-pilots already in their employment in preparation for Captains’ role. This then guarantees a continued supply of Captains.
 

2. GENUINE and PRO-ACTIVE assimilation of pilots with extensive prior flying experience. This provides a steady and viable supply of experienced pilots, easily malleable to any operators SOPs (Standard Operating Procedures) with the requisite experience to take up Captain positions in less than 2 years. 

Additionally, this serves to open up employment opportunities within the ranks of smaller operators to new graduate pilots.
 

3. Employment of pilot graduates to compliment the above categories.
 

This provides a fresh supply of youthful talent for future growth.

KALPA considers any claim that a qualified labour force does not exist presently in the country to be an unfortunate attempt to export jobs at the expense of well deserving KENYANS.
 

Finally, KALPA remains grateful to the Government of Kenya for not allowing such unpatriotic attempts by not issuing work-permits a few years ago when a major operator advanced a similar agenda. We remain convinced that this position remains unchanged.
 

The KENYAN GOVERNMENT has set the tone, KENYAN INVESTORS taken the initiative, KENYAN PROFESSIONALS and KENYAN PARENTS heeded the call...No KENYAN should be left behind! Vision 2030, here we come.
 

General Secretary & CEO
Capt. Ronald Karauri
10th May 2012
 

“USALAMA ANGANI”

MEMORANDUM BY SIAYA COUNTY STAKEHOLDERS ON LAND REFORMS TO THE MINISTER FOR LANDS HON. JAMES ORENGO, EGH, MP.
 

PREAMBLE

WE, the undersigned grassroots leaders of religious organizations, non-governmental organizations, professional groups, and community based organizations, elders and women groups:
 

COGNIZANT of the fact that we represent the views, concerns and aspirations expressed by the various participants from six forums held across Siaya County aiming at precipitating Land Reforms at the grassroots. More than 1500 participants attended the forums;
 

TAKING NOTE of the fact that Agenda Four items were arrived at by the Kenya National Dialogue and Reconciliation Process to which you were a signatory;
 

AWARE THAT meaningful progress in land reforms is seen to be impeded by lack of meaningful stakeholder
consultation, insufficient public education and inefficient service delivery by the Ministry of Lands, as well as concerns and complaints of cases of corruption hindering service delivery at the Ministry of Lands;
 

HAVING CONVERGED under the auspices of Siaya Grassroots Land Reforms Movement convened by Community Initiative Action Group-Kenya (CIAG-K), Nyanza Youth Coalition (NYC), Siaya County Civil Society Forum (SCCSF) and other partners, as part of our contribution towards precipitating actualizing land reforms in the country through grassroots organization;
 

HAVING implemented a broad consultation that allowed participation in this process by conducting a baseline survey in the entire Siaya County to better define specific problems related to land administration and management in Siaya; 

It is important to appreciate the need to accelerate the pace of key land reforms that were conceived against a backdrop of conflict, the 2007 - 2008 post-election violence.
 

WE THEREFORE WISH TO ADDRESS YOU, IN YOUR CAPACITY AS THE MINISTER FOR LANDS, AS FOLLOWS:

SITUATION IN SIAYA COUNTY

Whilst national media reports can give the impression that land issues are only a problem in the Rift Valley and Central provinces, Siaya County residents also believe land issues there to be a crisis requiring urgent attention. 

The existence of unresolved land problems means that a large number of Siaya County residents feel deprived of the most important factor of production: land; a problem for which they hold key government stakeholders accountable.

Specifically, numerous residents of Siaya have, through submitted petitions (or during our forums), alleged that services in the County’s Land Offices do not serve the common mwanainchi. 

Women, who are key agents of production in Siaya County, presented testimonies that they suffer  discrimination on matters of access and security of rights to land and land-based resources, further highlighting the urgent need for key reforms to move forward.
 

CONCLUSIONS AND RECOMMENDATIONS
 

Residents of Siaya County who presented petitions at a meeting on 9th March 2012 in a county-wide meeting at St. Julian’s Academy (to which you had been invited) feel let down and betrayed by the Kenyan Government and its officials who are employed to serve them - land officers, provincial administration and local authorities – as well as by elected local leaders and members of Parliament.
 

It was evident from discussions at the constituency town hall meetings that, although residents of Siaya County recognize that some of their challenges can only be solved within the overall framework of the land reform process currently underway, many of their problems could, in fact, have been addressed effectively within the framework of the existing legal and institutional arrangements.

Multiple examples of ongoing cases can be cited to support the urgent need for reforms to move forward. A few examples are: ‘Siaya widows cry out for land so cruelly taken’ published in The Standard on 14/03/2012
 

LAND RELATED CASES
 

1) 197/2008 Kisumu High court, Siaya District Land Tribunal 01/2006 and Provincial Land Tribunal –Nyanza case No. 261/2006- All Joseph Asin Vs Josia Agak Odero
 

2) Case No.25/2011-Siaya Law Courts Aggrey Otwenya Were vs. carmlius otieno Odenyo, and Hamala Onyango
 

3) Case No.104/09 Richard Onyango Oloo vs. Lucia Akoth Oluoch, Parcel N0. 3722
 

These reports contain allegations of complicity of the leadership, especially political leadership, in the grabbing of public land, defiling of the environment, interference with the delicate ecosystem and lack of accountability and consideration of local community welfare in the implementation of major projects in Siaya County. A few other examples are the unresolved Dominion Farms Dispute and the destruction of previously-gazetted Got Winyo Forest in Bondo District. 

There are also complaints of court cases being deliberately dragged out for years, and where court judgments are often not enforced. Ordinary Siaya County residents cannot economically or socially thrive in such an environment, where legal processes can be circumvented or ignored with impunity.

Again, as stated in the forums mentioned above, many Siaya County residents feel that the land reforms process is driven by the interests of a small group of elites, while the participation of ordinary wanainchi has been neither sought nor encouraged. There is a skepticism that if the ongoing legal and institutional reform process continues as is, it will fail to address fundamental land problems.
 

It is therefore our petition and recommendations:
 

1. That, as the Minister for Lands, you should provide critical leadership for your Ministry to address the land administration and management problems facing residents of Siaya County, as detailed above.
 

2. That in this respect, you are invited to join the grassroots leadership for Siaya County in a public forum on a date and venue of your choice within the month of May 2012 to deliberate on the above issues. In this respect, you are also petitioned to mobilize and bring along relevant Lands Ministry officials, from national and local levels, to join you and listen to the petitions of constituents and clarify the options available on a way forward regarding these issues. 

We shall, however, proceed to convene such forum if you fail to set the date as requested.
 

Petitioned signed today, the 24th Day of April 2012.
 

For and on Behalf of Steering Committee:-
CHRIS OWALLA 

REBECCA ALUODO