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Weekly Newsletter - Issue No 155
2 October - 8 October, 2017

Editorial

Dear Kenyans, when leaders light the fire, here’s how to put it out

The youth in Kenya are a very curious demographic. They are the group that attend political rallies in their numbers; engage police in running battles during demonstrations and make time for hate on social media.

The oldest youth in Kenya today, (35) was only 25 back in 2007 when Kenyans lost their humanity and burned each other in a most horrifying fashion where killing by blunt objects and machetes did not suffice.

Our collective ability to accept things and move on is quite staggering. Activist Boniface Mwangi through picture mtaani has given Kenyans a Post-Election Violence (PEV) memorial but we clearly moved on.

Otherwise how do you explain the dangerous rhetoric by our politicians and the bile our youth are spewing on social media in the name of freedom of speech?

Politicians have stood in public rallies and called for the extinction of another community and people-largely youth cheered in this madness. Someone has to put a stop to this before we find ourselves on the re-set button.

Here is how to play your part as a youth without giving up your freedom of speech or any other freedoms you are most likely to lose if you keep on this self-destructive path.

Firstly, realize that silence is truly golden. You don’t have to comment on every online story or social media posts. Develop self-restraint. But if you have to comment respond to the issue-not the person who wrote or posted.

Secondly, Avoid hasty generalization in any conversation verbal or otherwise. If you come across a comment from a Luo or a Kikuyu, kindly remember it does not represent the views of their respective communities.

Fake News

Consequently, remember this is the age of fake news don’t let your emotions run high over fake stuff. 

News of the Week

Cost of repeat polls increase as NASA poke holes in the budget

Independent Electoral and Boundaries Commission (IEBC) through the CEO, Ezra Chiloba explained to the Special House Committee on the Supplementary Budget the earlier allocated Sh. 10 billion was not enough to carry out a free, fair and credible elections as demanded in the Supreme Court judgment. The electoral agency now puts the budget a Sh. 13.8 billion.

Opposition NASA on the other hand has accused IEBC of signing a sh. 2.4billion secret deal with the embattled OT-Morpho.

NASA argues if IEBC paid about Sh. 3.8 billion in the general elections held on August 8th that had leaders from all levels participating, how then IEBC pays Sh. 2.4billion for repeat polls involving only two people is nothing short of fraud. NASA had indicated independent audit of the OT-Morpho firm as one of the irreducible minimums as a company they feel participated in bungling the August 8th polls.

 

Electoral laws continue to receive backlash

Diplomats from the European Union and America have criticized the electoral laws that are now in the committee stage. The envoys argued that the Bill set to deal with the challenges arising from the Supreme Court judgment did not follow international best practice as it did not have a broad political views. The Civil Society has also warned Jubilee that the Bill was likely to escalate temperatures and that they should shelve it and pursue other means.

While the envoys also warned NASA against their hardline stance and Anti-IEBC demos, the opposition remained firm the demos will continue until their irreducible minimums are adhered to. Jubilee MPs led by Nyeri town MP, Wambugu asked the envoys to appreciate the situation the country finds itself in and realize the law drafted is not malicious. The IEBC chairman Chebukati also rejected the new laws while submitting the commission’s position on the same.

 

Jubilee lawmakers vow to protect Justice Njoki Ndung’u

MPs from the Jubilee party have affirmed their support for Supreme Court Judge, Njoki Ndung’u following a petition to remove her from office. The MPs who hailed from President Uhuru’s backyard in central praised Justice Njoki Ndung’u as sober and that her detailed dissenting judgment was the reason for her woes. They maintained the petition was not in good faith. The petition was submitted by the former Law Society of Kenya (LSK) Chairman, Apollo Mboya who argues the attack Justice Njoki Ndung’u made on her colleagues was breach of oath of office, gross misconduct and misbehavior.

  

Gender and Equality Commission wants MPs to pass law on the elderly

National Gender and Equality Commission (NGEC) drafted and presented a bill to Parliament to protect the elderly in the country. NGEC Vice Chairman, Simon Ndubai said there were no enforceable laws that took care of the elderly asking Parliament to fast-track the Bill to ensure the rights of the aged in the society are well taken respected. The commission is also urging the county governments to create homes for older members of the society with no family to take care of them as well as establish a free medical care to persons above the age of 65years.

   
Parliament fights treasury over budget cuts to fund repeat-polls

Parliamentary Service Commission (PSC) is opposing Treasury’s plans to slash their budget by 9.2billion from their Sh. 36 billion allocated for the 2017/18 financial year to fund the repeat presidential polls scheduled for October 26th. PSC has argued that the cuts will affect their daily operations. Also affected is the Judicial Service Commission (JSC) budget which has been cut by 62.6% reducing their spending drastically from Sh. 490.2 million to Sh. 183.5 million. The JSC budget cut maybe interpreted as the Executive “revisiting” the Supreme Court ruling that nullified presidential results.

 

Quote of the Week

"I mean well for this country and it's not about what political side i support. It's about what my conscience tells me...you know, the best laws are not made during times of crisis."

Quote by Meru Senator, Mithika Linturi on AMLive when discussing electoral laws amendment by Jubilee MPs on October 7th, 2017

Read the Hansard

Lest we forget

"We have been in the struggle for many years with my colleagues like hon. James Orengo...it was because of the tyranny that we experienced as a result of the imperial presidency. We need very clear authority in this country...But we also need regulated authority; controlled and accountable authority."

Sentiments by Sen. Kiraitu Murungi when giving a ministerial statement on the adoption of sessional paper no.3 of 2009 on National Land Policy on December 2, 2009.

Read the Hansard

Newsmaker this Week

Pokot South MP David Pkosing made headlines this week after he filed a petition to compel the former Prime Minister and NASA Presidential candidate, Raila Odinga to take part in the October 26, repeat elections. Through his lawyer, the MP reasoned that if Raila Odinga and his deputy Kalonzo Musyoka snubbed the repeat presidential elections they will be committing treason and should be held accountable as there would be a constitutional crisis that would plunge the country into uncertainty. His lawyers submitted that unless the two participated there would be no repeat presidential elections as ordered by the Supreme Court and thus a violation of the law.

... PROFILE

Bills before the National Assembly

First Reading
THE COMPUTER AND CYBER CRIMES BILL 
- NO. 36 OF 2017
Sponsored by the Leader of Majority Party Hon. Aden Duale
Second Reading
the statute law (miscellaneous amendments) (no.2) bill
- NO. 37 OF 2017
Sponsored by the Leader of Majority Party Hon. Aden Duale
Third Reading: Committee of the Whole House
The election offences (amendment) bill
- NO.38 OF 2017
Sponsored by the Leader of Majority Party Hon. Aden Duale
THE ELECTION LAWS (AMENDMENT) BILL
- NO. 39 OF 2017
Sponsored by Hon. William Cheptumo

Bills before the Senate

Second Reading
THE ELECTION LAWS (AMENDMENT) BILL
- NO. 3 OF 2017
Sponsored by Sen. Fatuma Adan Dullo

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