here are the 'cross cutting' issues and recomendations made by the National Anti Corruption Steering Campaign Committee in their June 2007 report, (which I will post in 3 parts later) First picture is from 'Garsen' then the headquarters of the Kenya ports authority in Mombasa' and 'the sunset off Manda island, lamu'
Cross cutting issues Complete (April 16 2007)
Black: Orgiinal cross cutting. Verified by committee
Red: Additions and improvements to original cross cutting issues, verified by committee.
Blue: My own additions based on additional information and ideas that have cropped up since committee last sat to look at cross cutting issues. I would suggest that Director and staff look at these and delete or modify as appropriate.
Ø It is our considered opinion that the public do not see the importance for an id. In particular the older generation. The GOK should have an advocacy programme on the centrality of having an ID. This should include the empowering of chiefs, sub chiefs and grassroot religious organisations to register births. In addition the Id should be be linked to the benefits of social security. We further recommend that policy should be reviewed to make the driving licence a valid form of Identity. Given the seriousness of vetting of people in border districts GOK should establish a national task force with clear terms of reference to undertake a national analysis and interpretation with a view to finding a lasting solution to this problem. The GOK does not treat registration of persons as seriously as it should and the department is under-funded. Additionally there are often problems with the availability of materials for processing ID’s. As such, delays and outright refusals to process applications have frequently occurred. Though these are now being addressed by the Rapid Response Initiative, more needs to be done to ensure that all required materials are distributed on time to each district. The option of id registration of people at schools should be exploited.
Ø Police used to be allowed to monitor capital offenders who are released from prison. Additionally there should be a body to monitor ex-servicemen as they have the training handle firearms and or the connections to supply firearms and logistics to criminals. This should go a long way to reducing incidents of armed robbery.
Ø The Police department needs to be better equipped. As of now criminals have better resources than the police. The GOK need to take cognisance of the fact that drugs and liquor like bhang and changaa and legal in neighbouring countries yet illegal in
Ø Rape Drugs, In all rape cases the GOK should waive the Kshs 2,000 examination fee charged by hospitals for victims to get P3 forms filled and signed. Rape in
Ø In several cases across the country it is alleged that GOK officials tend to play down the seriousness of rape. Given the continued rise in rape cases statistically, there should be special prosecutors and courts to specifically handle rape cases. We note that RRI has already established special desks for rape cases in several police stations. We recommend these be extended to all police stations in the country and should be manned by specially trained officers.
Ø It is our considered view that
Ø Evidence in Kericho shows the real impact of environmental destruction. Rivers in the district are drying up especially in Trans mara,, Narok, Kericho, Bomet and Bureti, Nyando and Nyamira. These form the basis of the water catchment areas in rift valley and Nyanza. This is contributing to the receeding levels of water in lake Victoria and the rift valley lakes. GOK must as a matter of urgency put in place strict enforcement of environmental policy than enables them to run and monitor water catchment areas in the country. Besides GOK must also repossess and or remove settlements in all the water catchment areas as part of the long term solution.
Ø There should be a deliberate and affirmative policy to increase the number of environmental officers under Nema and a similar increase in forest officers/guards as evidence on the ground shows tremendous destruction of water catchment areas across the country. In addition Nema needs to be much better funded.
Ø Pollution of any lakes should be checked, especially the releasing of effluent and as such the sewerage department should be modernised and expanded. Harmonise Public servants salaries.
Ø Given the seriousness of environmental degradation across the country, we recommend that a portion of both CDF and LATF funds should be specifically allocated to environmental conservation and afforestation
Ø Women should be protected so that can inherit their husbands land in case they die.
Ø AIE holders should receive money in time. They sometimes get it only weeks before end of year encouraging corruption.
Ø Issue of anti corruption should be made part of the schools curriculum. The education programme on corruption deserves just as much if not more focus from GOK such that it can be on par with the National Aids Campaign.
Ø There should be a nationwide government office to reorganise the public records keeping with a view to computerising it in all departments.
Ø There should be a rationalisation of hardship allowances for all public servants.
Ø It is the opinion of the committee that all devolved funds should be made displayed in public so as to enhance transparency.
Ø GOK should also look into the issue of child labour and human trafficking that are rampant at the Coast and some of the refugee camps in North Eastern province as the rights of both groups are regularly trampled on. Additionally there should be a body that looks at the welfare of those in refugee camps in
Ø The upgrading of local authorities/municipalities has been haphazard and is often in conflict with their economic viability.
Ø Each GOK institution must develop an in house anti corruption charter that must be strictly adhered to.
Ø Municipalities complained that they have to pay to pay VAT on the money they received from GOK. This policy should be reviewed. In addition CAP 265 needs to be revised so that councillors can monitor and have say in the use of lasdap LATF funds The amendments should also take into account the need for public participation in the management of local authority fund. Additionally when town clerks / County clerks mismange funds the most that happens is that they are transferred to other municipalities. They should be prosecuted. Council meetings must be advertised and members of public invited. Any council meeting held without a public notice should be declared null and void.
Ø Given the problems with voter registration the ECK should empower Kenyans to take part in the electoral process. And conduct more aggressive voter education. They should put in place modalities that will eliminate the selling of votes and cheating in the poll stations. There should be a policy of continuous registration of voters.
Ø There is rampant capital flight because of corruption. The GOK must look into methods or curbing this.
Ø GOK should institute immediate measures to cut down on drug abuse by youth in
Ø GOK should also look into the issue of child labour and human trafficking that are rampant at the Coast.
Ø The functioning of the 3 arms of Gok, The legislative, Judiciary and Ececutive should rethink their links with a view of ensuring that they syncronise their roles better.
Ø There needs to be a proper policy on compensation nationwide for public officers when they have to relocate for private of GOK projects.
Ø The issue of squatters country wide must be resolved. The contradictions regarding genuine squatters who do not have title deeds and others who sold their land should be harmonised. In view of the myriad land settlement schemes that have degenerated into tribal clashes across the country we recommend that GOK ensure that those who have already been allocated land should get their title deeds.
Ø Given the delicacy and proliferation of land issues in the country there is need to computerise the lands registry. Need to harmonise all land acts in the country. There should be comprehensive legislation to deal with the management of settlement schemes as a way of ensuring equity and fairness in the distribution of land to landless people. Security should be increased, with permanent GSU camps in clash hit areas. Faith based organisations should visit such areas and speak to the public about the need for peace and enhance the doctrine of dialogue through public hearings, as opposed to recourse to violence and destruction. The ndungu report should be acted upon or dismissed outright.
Ø There is need to harmonise all bursary disbursement schemes across the country top maximise their utility.
Ø Dams throughout the country should have desilting chambers to save on money used for desilting them.
Ø Review the sentencing for illicit brewing and increase the fines. Also make a provision for spot fines and the immediate destruction of the brew. It would appears the illicit brewers in Kisii are using a ‘scorched earth’ policy with regard to the export of illegal brews. They promote the same and reduce productivity of their neighbours in the hope of dispossessing them of their land. (the intention it would appear is to get the addicted to brews and acting irresponsibly).GOK needs to examine this scenario and take appropriate action.
Ø The GOK should recruit and train integrity officers for each district. There should be a T of T function build into each district with this regard. The officers should have integrity monitoring as their sole function. GOK must structure this office into the administration and provide adequate budgetary provisions for the same in each district.
Ø NSSF need to be computerised to increase its efficiency. In determining which children are awarded bursaries the relevant committees should be guided by demonstrated potential as well as direct grades to avoid discriminating against poor children who may be gifted but have scored low grades because they have been away from school.
Ø In fighting Corruption Kenyans are demanding that action be seen to be taken against the perpetrators of grand corruption in particular the Anglo Leasing and Goldenberg scandals.
Ø The GOK must develop a comprehensive policy for monitoring the activities of NGO’s and develop an index to ensure that a selected % of their project budgets is evident on the ground.
Ø In Kisii District the people have learnt to plant trees on their land and conserve the environment and avoid farming river banks or slopes. The GOK should promote this in other districts.
Ø In Kisii there has been rampant cheating in exams. This has been reduced considerably. But there are cases of children being discriminated against by being forced to sit exams without sweaters and or shoes (to prevent them carrying hidden papers etc into examination halls) thereby subjecting them to inhuman and degrading treatment. GOK should work with
Ø The GOK should look into the procurement process. It is deemed to complex and as such
Ø Physical planning departments are under funded. This contributes greatly to corruption in planning of towns and construction across the country. GOK should increase the funding to this vital department and undertake a countrywide review of the design and functions of this office.
Ø Evidence on the ground indicates that despite the Societies act, several religious institutions across the country are set up with the express intention of soliciting funds from abroad/locally for the leaders own personal gain and fleecing worshippers in the process. In addition some teach unethical practices such as not seeking medical attention when ill. There are also cults, occults and other anti social groups that are an affront and repugnant to the ideals of society. We recommend a review of the Societies act and more vigilance on the part of GOK in the monitoring of religious organisations and ensuring that they comply with the provisions of the act.
Ø We recommend the establishment of an office of ombudsman who will receive and address public complaints of all kinds. There should be a department in this office of ‘Internal Affairs’ aka
Ø There should be a GOK review of the policy on the sugar sector. This should take into account the efficient operation of the companies and the out-growers associations, the payment and marketing system and support for the local farmers.
Ø Lack of role models in society a major problem for youth. There is moral decay what can GOK do about this?
Ø The committee noted with concern that in the case of several GOK funded projects, throughout the country, the contractors received completion certificates from the headquarters even though they were incomplete and in some cases no work had been done at all. We recommend GOK institute a policy mechanism that will link the issuance of the certificate with the realities on the ground. This will entail making public officials and NGO’s on the ground aware of all GOK projects being undertaken. Additionally GOK should investigate those specific cases that have been mentioned in this report with a view to uncovering how the certificates were issued.
Ø Due to the strategic importance of CDF and the level of mismanagement of the fund across the country we recommend that CDF money should be released for only 4 years, and then the fifth (election) year, there should be a national audit, monitoring and evaluation exercise. This will serve to inform the voters of the performance of their MPs and give the public a basis to determine who to vote for.
Ø Given the nature of business at all border crossing points in Kenya and the congestion arising there-from, there is need to improve these facilities and amenities to international standards. In particular parking lots, recreational facilities, security check points, accommodation provision of electricity and sewerage need to be adequately catered for.
Ø Given the current state of roads in the country including the damage to roads due to freight traffic and the rampant drug trafficking, prostitution insecurity (smuggling of arms, highway robbery) along major highways, It is our opinion that GOK should institute a policy that will ensure given percentage of freight must be moved by rail and air. For example 50% by rail 15% by air and the rest by road.
Ø GOK should devise a system of ensuring punctuality and reducing apathy by public servants in line with the RRI . This may entail the creation of a department/committee that will deal with the following issues, promotion outside merit based on nepotism, un-harmonised salary structures, delayed promotion (stagnation in one job-group) for several years, lack of progressive schemes of service and general apathy among others.
Ø GOK should look into the possibility of having open plan offices in GOK in government offices to enhance transparency and efficiency.
Ø In light of the outcry by the public against public officers, GOK should carry out a few sting operations and impromptu visits to district offices and see how effective it will be in checking the corruption among public officers.
Ø Given the centrality of Jua Kali as a critical factor of the formal sector and in view of the fact that so many of
o Strenghthening and extending the existing Jua kali sheds nationally.
o Seek to create linkages between Jua Kali and formal institutes of training such as polytechnics and institutes of technology.
It is evident from our visits that the Jua Kali sector are neglected
They are often in want of land and have great difficulty accessing cash equipment and information. (for example they are often exposed to lead in garages as they repair motor vehicles and use no eye and head protection as they carry out their business)
They need comprehensive capacity building in safety standards and procedures.
Ø We recommend all major government policies and service charters for all GOK departments to be translated into Kiswahili and local languages at the district level to enhance peoples understanding of their rights and GOK policies for the purpose of development.
Ø We noted that in all districts the KNA was poorly facilitated. As a result much of the work GOK have been doing to improve governance and facilitate GOK services goes unnoticed. We recommend that GOK review the facilitation for KNA and provide them with adequate funds and equipment that are up to date including laptops for the field, mobile phones and digital cameras as well as internet access and vehicles.
Ø There are serious problems in
Ø Whereas Tobacco companies involve themselves in social responsibility programmes, the overall damage done to society by smoking of cigarettes still far outweighs and programmes tobacco companies may have. GOK should review tobacco policy relating to its consumption and the subsequent tobacco related diseases.
Ø GOK should develop a home grown standard for determining poverty indices to harmonise the apparent contradiction between lowly rated districts which are deemed to be poor and yet have vast resources.
Ø GOK officers handling devolved funds in each district should not be under duress from the MP’s when it comes to the issuing of cheques for projects. Similarly the same officers should not delay making payments for projects that have been approved. In addition the CDF committee, treasurer and the CDF accountant should be the only ones to collect and disburse funds from public officers.
Ø Evidence on the grounds indicates that many MP’s do not attend the District Project Committee meetings under CDF and yet they are patrons or chairmen of the same. Similarly they often fail to attend the District Roads Committee meetings. We recommend that the Act be amended to provide the committee members the powers to appoint chairs for the meetings in the MP’s absence.
Ø Sand harvesting is not provided for or regulated by a specific law. However NEMA has developed certain guidelines which are being replicated for use in other districts. We recommend that GOK should develop these guideless to a law through an Act of parliament given the seriousness of the issue.
Ø There should be more strategic consultation with stakeholders in the community on the setting up of new districts. GOK should speed up the establishment of GOK departments in all new districts.
Ø All committees at district level that oversee devolved funds must develop strategic plans and conduct feasibility studies before implementing any projects. This will ensure that projects are not spread to thinly to be viable.
Ø There is need to develop a curriculum for students that will inculcate in them values of courtesy, respect, honesty and integrity at an early age. These are the values that will empower future generations to resist the temptation to be corrupt.
Ø The requirement that tribe be mentioned in ID application forms should be scrapped with immediate effect. This is an infringement on the rights of Kenyans and promotes nepotism.
Ø The planning of all Towns and Cities in the country needs to be reviewed. In particular the correlation between town plans and their implementation needs to be examined. Municipal Councils must all be completely revamped and restructured and their operations revised. Councillors must have attained a recommended level of education to be eligible for election.
Ø There should be a survey done in all municipal councils to identify all road reserves and public utility land with a view to recovering all land that is being illegally used.
The hosting of Refugee camps (Daadab, Lokkichogio) and the attendant consequences to
After visiting Garissa and Lodwar, This committee wishes to raise at GOK level concerns about the hosting of refugee camps in these areas. It is clear from reports in the press and the local people in Garissa that there is severe environmental degradation in the Dadaab refugee camps and surrounding areas as a direct result of collecting of wood for fuel. The Dadaab camps as at October 2006 hosted up to 160,000 refugees.
(Refugees are coming from
Reports by the United Nations Food Security Analysis Unit (FSAU).
As such there are a number of agencies that are assisting with programmes aimed at reducing the dependency on wood fuel by the refugees. In addition the United nations is supplying food and other related aid to the camps. In our opinon, though this is not enough.
We take cognizance of the deteriorating situation in
With this in mind we propose that the
Further we wish to encourage the GOK to undertake studies that will examine and access these costs (environmental degradation) to the country and the people in the surrounding areas in particular with a view on sensitizing the international community to the real burden Kenya faces in hosting refugee camps.
The issue of hunting in
Recently the debate on lifting the ban on hunting has resurfaced in the public domain. The proponents argue that if hunting is controlled it could bring much needed money and the attendant benefits to the communities sharing their land with wildlife. Additionally they claim that this is the only way of sustainably controlling
Against this argument, many feel that hunting will quickly spiral out of control and will decimate huge populations of
‘The scope of the problem is not yet fully known, but conservationists say it could endanger
"Bushmeat hunting has evolved from a low-level subsistence activity to a huge commercial trade," said Winnie Kiiru of the London-based Born Free Foundation, a conservation group.
(planet ark)
Given that tourism is
The committee feels strongly that GOK should examine the alternatives to lifting the hunting ban that will stamp out the illegal trade in bush meat and provide income to the attendant communities.
It would appear then that the majority of
This would be funded directly from the Ministry of Local Government and servicemen would be trained by and work in conjunction with the
The local authorities would then be encouraged through appropriate policy (and or legal amendments to the Local Authorities act and other acts where appropriate) to encourage investors to set up Camps and Lodges in designated conservation areas, contracted out to professional management. The income from the same would go directly to providing amenities to communities in these areas while reducing incidents of human wildlife conflict.
The constitution of
115. (1) All Trust land shall vest in the county council within whose area of jurisdiction it is situated:
Provided that there shall not vest in any county council by virtue of this subsection-
(i) any body of water that immediately before 12th December, 1964 was vested in any person or authority in
right of the Government of Kenya; or
(ii) any minerals or mineral oils.
(2) Each county council shall hold the Trust land vested in it for the benefit of the persons ordinarily resident on
that land and shall give effect to such rights, interests or other benefits in respect of the land as may, under the African
customary law for the time being in force and applicable thereto, be vested in any tribe, group, family or individual:
Provided that no right, interest or other benefit under African customary law shall have effect for the purposes of this subsection so far as it is repugnant to any written law.
The disconnect between Judiciary, Attorney Generals Chambers and
(From Ochoros discussion at retreat)
It would appear to the committee that there is public disquiet about the apparent disconnect between the offices of the
The perception by the public is that this has now become a high stakes game to hoodwink them when in reality the will to prosecute high profile corruption cases does not exist.
Further to this, it is perceived that the Judiciary is simply an extension of the executive and as such highly compromised.
It would appear that there is a problem of the interpretation of GOK policy with regard to prosecution of corruption cases by the AG’s office, the Judiciary at large and KACA. If this is the case then inevitably GOK policy will be misunderstood and implementation of the same becomes impossible. Neither is it possible to monitor and evaluate what cannot be implemented in the first place.
This committee therefore recommends that GOK exhaustively reviews the relationship between the 3 arms of GOK and reaffirm and reiterate its policy on the prosecution of corruption cases. In addition GOK should call together Judiciary, AG’s office and KACA and work out modalities that will streamline the process of prosecution to make it effective and restore public confidence in these offices.
Finally there is need for a review of salaries and allowances to Magistrates and legal officers in the Attorney Generals Chambers who handle the bulk of judicial proceedings in
Proposal to Government of
(Or as alternative increase the mandate of the National Anti Corruption Steering Committee to do so)
A proposal of the National Anti Corruption Campaign Steering Committee.
Rationale:
The National Anti Corruption Steering Committee as part of their mandate have toured these areas and spoken at length with both members of Civil Society, Civic leaders and Heads of departments including the respective Provincial and District Commissioners.
In specific areas of the Northern and eastern regions of the country namely parts of Turkana, Marsabit, Moyale, Mandera, Wesk Pokot, Baringo Samburu and Ijaara there has been years of insecurity and thousands of conflict related deaths. We have in the last year heard accounts of heart-rending tragedies that regularly occur in these areas. In addition to the hardship life, which often involves surviving on relief food, an incessant struggle to find water, great problems with transport on a severely dilapidated infrastructure and the constant fear of attack. More often than not, the victims are the innocent, women and children as in the case of the Turbi attack. On several occasions GOK too, have lost personnel in battles with hostile communities. Hundreds of millions of shillings have been spent on efforts to bring peace among these communities but the results have been poor and inconsistent. Development in the areas is impaired because of fear of certain areas or people and the understood reluctance of GOK officials to be transferred to these regions because of the attendant dangers and hardships.
To date roads between Isiolo and Marsabit, Marsabit and Moyale, Rumuruti to Samburu, Kitale to Lodwar, Lodwar to Lokichoggio, Garissa to Wajir and Mandera are still on and off, no go zones. In several areas police escort is mandatory and even then there are still insecurity incidents. Understandably the vehicles that ply these roads are in the worst possible conditions and it is impossible for vehicles owners to maintain their vehicles to required standards on such poor quality roads. It is simply impossible to enforce any kind of safety regulations on the roads and the vehicles that ply them. In particular lorries carry passengers as well as cargo and livestock in the most precarious of conditions. When it rains roads become impassable and people with their families, women and children may sleep on the road for days. Coupled with this is the abject poverty in the regions that makes living a normal life in which the basic necessities can be provided for on a day-to-day basis literally impossible for many. As such it is extremely difficult to campaign against corruption in these areas while failing to address their plight of their people. The harsh conditions contribute greatly to the corrupt practises we came to learn of.
These challenges in our opinion, have created an invisible but very true line between the Kenya ‘we know’ and what many in these regions refer to as ‘Kenya 2’. In actual fact these people are only Kenyan in name as they are denied the right to health, education and the God given basic right to a productive life by factors beyond their control. This is the height of corruption considering that they are not only citizens, but taxpayers like everyone else in
After consultations among ourselves we have decided to make a specific appeal to the GOK to institute a far-reaching committee to:
Ø Examine and detail the pre and post independence history of these conflicts.
Ø Examine the reasons that underlie the conflicts and how to bring them to the attention of the whole country.
Ø To report concisely on the status of the current conflicts in these regions and their current causes.
Ø To examine the specific role of politicians past and present from these areas and the possibility of their fuelling the conflicts for political gain.
Ø The responsibility of GOK to the citizens of these regions.
Ø The role of GOK in bringing these conflicts to a permanent end.
Ø Carry out a far reaching vetting programme of all the NGO’s operating in these districts and determine their real impact on the ground vis a vis the funds they have received.
Ø Conduct studies into the economic potential of the areas with regard to geological features, the absence and or lack of exploitable minerals, the potential for irrigation and cultivation, ranching and tourism.
Ø The role of the provincial Administration in bringing a permanent end to these conflicts.
1. The role of the Police Force
2. The role of the Administration Police
3. The role of the Army.
4. The role of the General Service Unit.
5. The role of the National Security Intelligence Services.
Ø An evaluation of how these roles can be synchronised and enhanced.
Further to this the GOK should take note that most of the areas mentioned are border areas with the same communities living on both sides of the border.
With this regard the Ministry of Foreign Affairs and the Department of Defence should also be key partners in this initiative.
The committee should then in conjunction with Experts on Conflict Resolution develop a Ten-Year plan to resolve the specific issues of conflict between the warring tribes, clans and communities. This should include recommendations on:
Ø How to ensure access to pasture and watering points for the pastoralists from these areas at all times and in particular during times of drought.
Ø How to improve infrastructure, in particular roads and communications in the mentioned areas.
Ø How to instigate a paradigm shift for the peoples of these areas with regard to looking at alternative ways of providing for themselves and their families.
Ø Improve the reach, facilities and standards of education in the areas mentioned.
Ø Address the proliferation of weapons in the area and their easy access from neighbouring countries.
Ø Develop a mechanism for the staggered disarmament of and or strategic licensing of firearm holders in these areas
Ø Improve the security in the area and establish permanent Army/GSU outposts in selected areas.
Ø The creation and use of a GOK fund specifically to implement the above, which will be open multi-sectoral donors and conflict resolution agencies alike.
Ø How to reduce the negative perception the average Kenyan has of these areas and the peoples who inhabit them.
The NACCSC have compiled a report on their findings and recommendations on all the districts visited within the last year including the ones mentioned here and the committee’s recommendations for each district.
