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Weekly Newsletter - Issue No 112
28 November - 4 December, 2016

Editorial

Matiangi restores credibility in KNEC can key institutions borrow a leaf?

Kenyan celebrated musician Julius Owino aka Juliani in the popular song Sheria by Sarabi Band has this verse where he says, things are so bad to the point that when something good happens we’re amazed. True to that Education CS Matiangi broke the internet yesterday after releasing this year’s KCPE that was near perfect. Kenyans on social media were so amazed that a minister was actually working as expected that the hash tag #IfMatiangiwaspresident trended for the better part of the day.

Exactly one year ago when CS Matiangi took over the ministry of Education, the Kenya National Examination Council’s (KNEC) credibility had been hurt so badly that the discussion wasn’t about whether there was cheating in exams but rather the integrity of the exams themselves. A total of 2,709 candidates cheated in last year’s (2015) Kenya Certificate of Primary Education (KCPE); up from 1,702 the previous year (2014). But under CS Matiangi’s leadership the number has come down to a mere 21 which is impressive by any standards hence the excitement.

The CS has asked Kenyans to trust him and his team to deliver on Kenya Certificate of Secondary Examination (KCSE), and going by the KCPE performance there’s little reason to doubt him. Unfortunately, the same can’t be said of other institutions with higher stakes. Take Independent Electoral and Boundaries Commission (IEBC) for instance. The electoral agency messed with their credibility long before they could begin the election process in 2013 after they bungled the procurement of election material and appear to have learnt nothing since.

What makes the release of the KCPE results so relieving and exciting is the fact that reshuffling of the CS Matiangi from ICT to Education was to deal precisely with the increasing cases of cheating. And he did exactly that. This proves we are capable of rectifying our past mistakes if there’s political will and the leadership mettle to handle the heat that comes with such challenges.

The country is tittering at the brinks of another likely post-election violence over sharp disagreement between the government and the opposition over the manner in which IEBC is going about its procurement process. This is quite reminiscent of the events that led up to the 2013 elections that saw EACC recommend nearly three years later that, the then CEO James Oswago be prosecuted over the Chickengate saga.

News of the Week

Opposition claims Jubilee,IEBC conspiring to delay 2017 polls

Amani National Congress (ANC) leader Musalia Mudavadi now claims Jubilee is plotting to delay next year’s general elections. Other opposition leaders including CORD’S Bungoma Senator Wetangula said it was fishy that the IEBC selection panel would shortlist candidates then turn around and disqualify them on integrity grounds. The leaders claimed this was a stalling game to delay the elections. However Deputy President Ruto dismissed the claims asserting that hiring of the IEBC commissioners will not affect the preparations of next year’s elections. He asked those spreading fears about delay of elections to stop misleading Kenyans.
 

IEBC unveils new roadmap for 2017 polls

Independent Electoral and Boundaries Commission (IEBC) has unveiled new election timelines with critical areas such as recruiting and training of staff who will handle registration to be completed by end of this month. Also the Mass Voter Registration (MVR) previously slated to start in February will begin in January. This will be followed by registration of voters in diaspora in February. Meanwhile ODM has opposed diaspora voter registration over what the party claims as lack of transparency in the process. All political parties meanwhile are expected to conduct their elections between April 13th and April 26th but can carry out elections earlier.
 

Senate forms Committee to resolve stand-off with MPs over disputed oversight fund

The Senate has formed a committee to deal with the stalemate between MPs over the Sh.1 billion oversight fund. The 15-member committee comprising of eight lawmakers from Jubilee and seven from Cord have 21 days to consider Parliamentary Service Senate Monitoring and Evaluation Procedure for Management of Funds and report the way forward to the House. The MPs while annulling the regulations said that due procedure was not applied when forming the regulations.

This comes at a time when the Auditor General report reveals outright theft of public funds through non-existent abandoned projects at the constituency level in the name of Constituency Development Fund (CDF). The Auditor General’s report was shocking as the fund has been defended by the MPs as necessary to support development projects. Members of County Assembly are also not left behind as massive scandals and corruption involving millions of shillings in public funds have been exposed in various counties.

Quote of the Week

"Thorough investigations need to be done by the watchdog committees of this House, especially this year. This is because there will be more theft this year as we approach the elections. We have seen in some of the by-elections, governors using five choppers. We should stop the theft so that governors do not use public money for their own personal campaigns."

Sentiments by Sen. Kiraitu Murungi while contributing to the petitions on various grievances against the County Executive and County Assembly of Vihiga on February 25, 2016

Read the Hansard

Lest we forget

" You cannot get people producing oil and yet they are the poorest; they are dying because of hunger and their children do not go to school. Billions of shillings are generated in their areas but they are not benefitting."

Sentiments by Hon. David Kagongongo when contributing to the debate on the Mining Bill on July 16, 2014.

Read the Hansard

Newsmaker this Week

Nyeri Senator Mutahi Kagwe made headlines this week after he withdrew the Cyber Security and Protection Bill that was seen as a possible tool to stifle government criticism via social media or bully civil rights organizations and individuals into submission. The Senator who is the chairman of the Senate Committee on Information and Technology explained that after consultations with the government it was decided that more stakeholder views were needed. This was well received by Kenyans across the political divide; some asking that other lawmakers and committees with controversial Bills follow the example set by his committee.
 

... PROFILE

Bills before the National Assembly

First Reading
THE LIVESTOCK AND LIVESTOCK PRODUCTS DEVELOPMENT AND MARKETING BILL
- NO. 44 OF 2016
Sponsored by Hon. Abdi Noor Mohammed

The principal object of this Bill is to streamline the marketing of livestock and livestock products in Kenya to ensure better service delivery by the entities and thus the main beneficiaries of the industry are the middlemen as opposed to the livestock farmers.

What is your take on this Bill? Would you want to shape further the Bill or have issues you would want it to address? Then look out for announcements on Public participation on the same and plan to attend.
 

THE MOVABLE PROPERTY SECURITY RIGHTS BILL

- NO. 50 OF 2016
Sponsored by the Leader of Majority Party Hon. Aden Duale

The purpose of this Bill, is to provide for the use of movable property as collateral for credit facilities, to establish the Office of the Registrar of security rights, to promote consistency and certainty in secured financing relating to movable assets, to enhance the ability of individuals and entities to access credit using movable assets and to establish a Registry to facilitate the registration of notices relating to security rights in movable assets.

What is your take on this Bill? Would you want to shape further the Bill or have issues you would want it to address? Then look out for announcements on Public participation on the same and plan to attend.
 

THE NATIONAL CORONERS SERVICE BILL

- NO. 46 OF 2016
Sponsored by the Leader of Majority Party Hon. Aden Duale

THE PREVENTION OF TORTURE BILL 

- NO. 47 OF 2016
Sponsored by the Leader of Majority Party Hon. Aden Duale

THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) BILL

- NO. 45 OF 2015
Sponsored by the Leader of Majority Party Hon. Aden Duale

THE BETTING, LOTTERIES AND GAMING (AMENDMENT) BILL

- NO. 49 OF 2016
Sponsored by Hon. Jakoyo Midiwo
Second Reading

THE NATIONAL HONOURS (AMENDMENT) BILL

- NO. 16 OF 2014 (SENATE BILL)
Sponsored by Chairperson, Departmental Committee on Administration and National Security Hon. Asman Kamama

THE PUBLIC PRIVATE PARTNERSHIPS (AMENDMENT) BILL

- NO. 25 OF 2016
Sponsored by the Leader of Majority Party Hon. Aden Duale

THE LAND VALUE INDEX LAWS (AMENDMENT) BILL

- NO. 40 OF 2016
Sponsored by the Leader of Majority Party Hon. Aden Duale

THE PUBLIC SERVICE COMMISSION BILL 

- NO. 36 OF 2016
Sponsored by the Leader of Majority Party Hon. Aden Duale

THE REFUGEES BILL

- NO. 29 OF 2016
Sponsored by Hon. Augustinho Neto
THE CONSTITUTION OF KENYA (AMENDMENT) (NO. 6) BILL
- NO. 65 OF 2015
Sponsored by the Leader of Majority Party Hon. Aden Duale

THE CONSTITUTION OF KENYA (AMENDMENT) BILL

- NO. 07 OF 2016
Sponsored by Hon. Mithika Linturi
THE KENYA UWEZO FUND BILL (NATIONAL ASSEMBLY BILL
- NO. 65 OF 2015
Sponsored by Hon. David Kagongongo
THE COUNTY GOVERNMENTS (AMENDMENT) BILL
- NO. 04 OF 2016 (SENATE BILL)
Sponsored by the Leader of Majority Party Hon. Aden Duale
Third Reading: Committee of the Whole House
The Competition (Amendment) Bill 
- NO. 24 OF 2016
Sponsored by the Leader of Majority Party Hon. Aden Duale

The Election Laws (Amendment) (No.3) Bill

- NO. 63 OF 2015
Sponsored by Chairperson, Departmental Committee on Justice and Legal Affairs Hon. Samuel Chepkonga
The Contempt of Court Bill 
- NO. 32 OF 2016
Sponsored by the Leader of Majority Party Hon. Aden Duale
The County Assembly Services Bill 
- NO. 27 OF 2014 (SENATE BILL)
Sponsored by Chairperson, Departmental Committee on Administration and National Security Hon. Asman Kamama
The Bribery Bill 
- NO. 16 OF 2016
Sponsored by the Leader of Majority Party Hon. Aden Duale

THE LAND VALUE INDEX LAWS (AMENDMENT) BILL

- NO. 40 OF 2016
Sponsored by the Leader of Majority Party Hon. Aden Duale
THE COUNTY GOVERNMENTS (AMENDMENT) BILL 
- NO. 04 OF 2016 (SENATE BILL)
Sponsored by the Leader of Majority Party Hon. Aden Duale

Bills before the Senate

Second Reading

THE TREATY MAKING AND RATIFICATION (AMENDMENT) BILL

- NO. 05 OF 2016
Sponsored by the Chairperson, Standing Committee on National Security and Foreign Relations Sen. Yusuf Haji

THE WAREHOUSE RECEIPTS SYSTEM BILL

- NO. 12 OF 2015 (NATIONAL ASSEMBLY BILL)
Sponsored by Senate Majority Leader Sen. (Prof.) Kithure Kindiki
THE COUNTY STATISTICS BILL 
- NO. 11 OF 2016
Sponsored by Sen. Naisula Lesuuda

THE IMPEACHMENT PROCEDURE BILL

- NO. 08 OF 2016
Sponsored by Sen. (ENG.) Muriuki Karue

THE CONSTITUTION OF KENYA (AMENDMENT) BILL

- NO. 26 OF 2013 (NATIONAL ASSEMBLY BILL)
Sponsored by Senate Majority Leader Sen. (Prof.) Kithure Kindiki

THE LOCAL CONTENT BILL

- NO. 13 OF 2016
Sponsored by Sen. Gideon Moi

THE CONSTITUTION OF KENYA (AMENDMENT) BILL

- NO. 16 OF 2015
Sponsored by Sen. Judith Sijenyi

THE KENYA ROADS BILL 

- NO. 26 OF 2015 (NATIONAL ASSEMBLY BILL)
Sponsored by Senate Majority Leader Sen. (Prof.) Kithure Kindiki

THE CONSTITUTION OF KENYA (AMENDMENT) (NO. 2) BILL

- NO. 02 OF 2015 (NATIONAL ASSEMBLY BILL)
Sponsored by Senate Majority Leader Sen. (Prof.) Kithure Kindiki
Third Reading: Committee of the Whole House

THE NATIONAL CEREALS AND PRODUCE BOARD (AMENDMENT) BILL

- NO. 15 OF 2015
Sponsored by Sen. (Dr.) Zipporah Kittony

The principal object of this Bill is to amend the National Cereals and Produce Board Act to provide for the establishment of the County Cereals and Produce Committees. Bill seeks to ensure enhanced production of maize, wheat and scheduled agriculture produce in the counties so as to ensure food security in the country.

The Bill also provides for the functions of the county cereals and produce committees. These include the facilitation of the purchase of maize, wheat and scheduled agricultural produce from farmers, the payment of such produce delivered by farmers, data collection and the collection and dissemination of information to farmers, county government and the national government.

What is your take on this Bill? Would you want to shape further the Bill or have issues you would want it to address? Then look out for announcements on Public participation on the same and plan to attend.

 
THE PRESERVATION OF HUMAN DIGNITY AND ENFORCEMENT OF ECONOMIC AND SOCIAL RIGHTS BILL 
- NO. 08 OF 2015
Sponsored by Sen. Hassan Omar

THE PERSONS WITH DISABILITIES (AMENDMENT) BILL

- NO. 13 OF 2015
Sponsored by Sen. Godliver Omondi

THE BASIC EDUCATION (AMENDMENT) BILL

- NO. 35 OF 2014 (NATIONAL ASSEMBLY BILL)
Sponsored by Senate Majority Leader Sen. (Prof.) Kithure Kindiki

THE COUNTY STATUTORY INSTRUMENTS BILL

- NO. 10 OF 2015
Sponsored by Chairperson, Sessional Committee on Delegated Legislation Sen. Mshenga Mvita

THE PHYSICAL PLANNING BILL

- NO. 46 OF 2015 (NATIONAL ASSEMBLY BILL)
Sponsored by Senate Majority Leader Sen. (Prof.) Kithure Kindiki
CONSIDERATION OF THE PRESIDENTIAL MEMORANDUM ON THE PETROLEUM (EXPLORATION, DEVELOPMENT AND PRODUCTION) BILL 
- NO. 44 OF 2015
Sponsored by Senate Majority Leader Sen. (Prof.) Kithure Kindiki
CONSIDERATION OF THE PRESIDENTIAL MEMORANDUM ON THE ENERGY BILL 
- NO. 50 OF 2015
Sponsored by Senate Majority Leader Sen. (Prof.) Kithure Kindiki

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