Mzalendo's Weekly Newsletter

Issue no. 9, 17 - 23  November 2014

News of the Week:
  • Senators are headed to the Supreme Court despite ongoing efforts by the presidency to resolve the deadlock between the House and the National Assembly over Bills. The senators on Sunday said they were keen on finding a lasting solution to their battle with MPs over draft laws passed without their input. They maintain that the National Assembly has ignored a constitutional provision that requires it to refer all Bills concerning counties to the Senate.

  • MPs on Thursday signed a petition to kick out their chairman over the Karen land grabbing saga. The members of the parliamentary Lands committee presented to the media a list of names of 24 out of the 29 members who had agreed to have Hon. Alex Mwiru (Tharaka, URP) removed as chairman. They accused Mr Muiru of not being committed to resolving the issue. According to Vice-chairman Moses ole Sakuda, they have initiated the process of replacing Mr. Muiru as they are not happy with the manner in which he has been handling the affairs of the committee.
  • Senators Dan Mwazo and Mutula Kilonzo Jnr have accused MPs of failing to pass laws that would help enforce the Equalization fund. The Senators noted that county's economic growth had badly been affected by the delay in releasing the funds from Treasury. They claimed that the MPs want to take control of Equalization funds from the county governments. They however vowed to ensure this does not happen. 
  • Baringo Senator Gideon Moi Moi has urged leaders on the border of Tiaty and North Baringo to desist from making remarks that have the potential to divide communities that have co-existed for so long. He emphasized that leaders must weigh what they say because affected communities are bitter and leaders must remedy the situation, not catalyze it for political mileage. He reiterated the need for security officers implementing President Uhuru Kenyatta's disarmament directive to restrain themselves from harassing innocent civilians. The Senator also supported the disarmament exercise and asked political leaders not to politicize the process by planting seeds of hatred among warring communities. 
  • The Public Accounts Committee wants Senator Amos Wako and MP Zakayo Cheruiyot taken to court for alleged abuse of office over purchase of cars for the police 17 years ago. The 29-member committee spent weeks in Mombasa compiling a report of its findings sparked by queries from the Office of the Auditor General regarding Government spending. The final report may be tabled in the National Assembly this week. Wako was Attorney General in 1997 when Cheruiyot was the Permanent Secretary (PS) in charge of Internal Security. Both are in trouble over a controversial deal to buy 520 police vehicles. Also named is a former Finance PS Benjamin Kipkulei and some top State lawyers under the then Kanu government. The MPs claim Wako, Cheruiyot and Kipkulei changed procurement rules. PAC has exploited a clause in Kenya's four-year-old Constitution which has a recommendation that people suspected to have misused public funds be investigated. If the National Assembly adopts the findings of PAC, the top officials will be subject to fresh investigations by the Director of Public Prosecutions Keriako Tobiko. PAC has given Tobiko until December 31 this year to table a report of the findings. MPs say they received statements from the accused and scrutinized Auditor General Edward Ouko's audits before making their decision.
Public Participation Opportunities: 

The Parliamentary Initiatives Network (PIN) will hold a public forum on ‘Enhancing Accountability of Public Resources’ to be held on Thursday 20th November 2014 at the KICC, Taifa Hall starting 8am – 11am. The key discussants at the forum will be:-
  1. Hon. Ababu Namwamba, Public Accounts Committee 
  2. Mr. Edward Ouko, Auditor General of Kenya; and
  3. Mr. Samuel Kimeu, Executive Director - Transparency International, Kenya.
For more information, please contact The PIN Secretariat through email to Mbindyo Kimanthi on or call 020 2721262, 020 2716231.

Newsmaker this week:

Majority Leader Aden Duale accused the Parliamentary Service Commission (PSC) of nepotism, tribalism and cronyism. He also claimed in Parliament that he had evidence of bias in promotions and incompetence among the commission’s staff. Speaking when he initiated debate on the Public Service (Values and Principles) Bill, Duale said PSC had to ensure merit, competence and regional balance as top of the list in its criteria of picking parliamentary staff. He was categorical that the PSC staff in both the National Assembly and the Senate does not represent the face of the country. Profile
Editorial: Legislating the Mining Sector Prudent 

Ongoing efforts to legislate in the mining sector are crucial and laudable in instilling proper governance in the sector. Kenya needs to avoid the resource curse problems that have faced mineral rich countries in Africa. Present realities of the mining sector also compel stakeholders especially Parliament to ensure the country’s citizens benefit directly and indirectly and use the revenue to improve livelihoods. Parliament represents the collective will of the people and has the responsibility to develop a good mining law to ensure the revenues are used for the betterment of society. Read more

Quote of the Week

Hon. Gideon Konchellah “We are creating animosity among our people and misleading them by preaching tribalism instead of preaching unity. We have to unite our people and ourselves because a divided country without peace cannot develop.” The comments were made in the National Assembly on 28 March, 2007. Read Hansard

Lest we Forget!

Comments emanating from the Mining Bill on Thursday, 17th July, 2014

Hon. James Nyikal “there is an Act that was put in place in 1940. I do not believe that the intentions of legislators in 1940 were also the interests of Kenyans; dominant were the interests of people who were benefiting by exporting most of these minerals abroad. With this discovery, we need a new law that will look at all the areas. It is important to realize that many countries in this continent have suffered great poverty after the discovery of minerals; we call it the curse of minerals. We are aware of places like the Kabinda Enclave in Anglo and the problems in Nigeria that are not to do with environmental issues; there are actual major economic problems arising from huge sums of money exported out of countries by foreigners working with collaborators. It is important that at this point in Kenya we have this Bill.” Read Hansard

Call to vote for Mzalendo's MAVC idea

Mzalendo submitted a proposed to Making All Voices Count (MAVC) dubbed 'Raising MPs Responsiveness in CDF Implementation'. Mzalendo would like to pilot a fix-my-constituency portal in one constituency to map Constituency Development Fund (CDF) projects and provide for an open accountability process. Our MAVC idea was among the 241 ideas shortlisted for the public voting stage. We are currently at position 90 with 35 votes and need to move to the top 50 list. Kindly vote for our idea and share with your community. 

Upcoming Bills in the National Assembly 

Bills before Committee of the Whole

The Alcoholic Drinks Control (Amendment) Bill (National Assembly Bill No. 14 of 2014) is sponsored by Hon. Kimani Ichung'wah

The National Drought Management Authority (National Assembly Bill No. 42 of 2013) is sponsored by Hon. Chachu Ganya

The Physiotherapists Bill (National Assembly Bill No. 40 of 2013) is sponsored by Leonard Sang

The Retirement Benefits (Deputy President and Designated State Officers) (National Assembly Bill No. 38 of 2013) is sponsored by Hon. John Mbadi

Bills up for Second reading 

THE WATER BILL (NATIONAL ASSEMBLY BILL NO. 8 OF 2014) is sponsored by Majority Leader Aden Duale


THE PERSONS DEPRIVED OF LIBERTY BILL (NATIONAL ASSEMBLY BILL NO. 30 OF 2014) is sponsored by Majority Leader Aden Duale


Upcoming Bills in the Senate

Bill before Committee of the Whole 

Bills up for Second Reading

THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) (NO. 33) BILL 2013, (NATIONAL ASSEMBLY BILL NO. 33 OF 2013) is sponsored by Sen. Kithure Kindiki

THE NATIONAL YOUTH SERVICE (AMENDMENT) BILL, (SENATE BILLS NO. 26 OF 2014) is sponsored by Sen. Beatrice Elachi

THE COUNTY ASSEMBLIES SERVICES BILL, (SENATE BILL NO. 27 OF 2014) is sponsored by Sen. Amos Wako

THE PUBLIC FUNDRAISING BILL, (SENATE BILL NO. 28 OF 2014) is sponsored by Sen. Anyang' Nyong'o  

THE NATIONAL POLICE SERVICE (AMENDMENT) BILL, (SENATE BILL NO. 29 OF 2014) is sponsored by Sen. John Lonyangapuo

THE POTATO PRODUCE AND MARKETING BILL (SENATE BILL NO. 22 OF 2014) is sponsored by Sen. Muriuki Karue

THE PUBLIC APPOINTMENTS (COUNTY ASSEMBLIES APPROVAL) BILL, (SENATE BILL NO. 20 OF 2014) is sponsored by is sponsored by Sen. Stewart Madzayo.

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