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Mzalendo's Weekly Newsletter
Issue No 72: 29th Feb - 6th March 2016

  • A twitter chat by Mzalendo and Transparency international Kenya, revealed that most Kenyans are ignorant of other graft bodies besides EACC.
    The chat that was using the hash tag #HavenofGraftKE was trending the better part of late Friday afternoon with many individuals confirming they were completely unaware of such bodies as the Assetss Recovery Agency, Efficiency Monitoring Unit among others, begging the question, how effective are these institutions?
    Also worth asking is whether Kenyans can access some of the achievements towards ending graft by these other bodies outside EACC. We hope to continue championing and encouraging such key debates online.

     
  • Public Accounts Committee Chairman Nicholus Gumbo questioned the effectiveness and relevance of the system put in place by government to track and manage its money following the runaway corruption cases in the country.
    The chairman Public Investment Committee Adan Keynan echoed the same sentiments as government accountants appeared clueless and unable to trace some of the money that was allegedly stolen or misused. Their claims were strengthened after the Auditor General also expressed frustration with the system and particularly those running it.
    The government introduced the integrated financial management information system (Ifmis) as a way of digitizing government procurement and financial records, however the system appears to aide corruption as it is difficult to follow the money trail.

     
  • Devolution Ministry is still hitting the headlines with corruption scandals months after the former CS Ms. Waiguru resigned after public pressure. Now 52 MPs from both Cord and Jubilee coalition have been implicated on another scandal involving the ministry where at least Ksh. 15billion may have been lost.
    According to the Parliamentary Accounts Committee (PAC) who carried the investigations, the ministry could not account for Ksh. 15billion of the Ksh. 25billion allocated in the 2013/2014 financial year. Members of parliament were also awarded lucrative tenders without due procedure to construct Huduma centers which according to PAC did not show value for money invested.
    The committee reported that 40 Huduma centers from the 27 counties they visited did not meet the standards, despite the hype some of the centers had prior to construction.  The committee is expected to table a full report next month. Meanwhile both the opposition and the government law makers have been caught off guard, neither offering to give a press statement.
  • Members of parliament notorious for exaggerating their mileage claims to make illegal money have been put on notice.
    An audit report by Ethics and Anti-Corruption Commission  (EACC) examining the financial management systems, policies, procedures and practices of the Parliamentary Services Commission (PSC) was submitted to parliament and is under implementation.
    Members of parliament from regions far from the Nairobi will have to proof that they actually travelled to their constituencies by road. It is a common vice for MPs to seek fictitious mileage claims even where they did not travel by road.
 
  • Board Chairman, The Youth Enterprise Development Fund admitted to unilaterally appointing the suspended Fund CEO as the sole signatory to an investment bank account where Ksh. 155million has gone missing.
    The Parliamentary’s Public Investment Committee (PIC) heard that, Catherine Namuye, the suspended CEO transferred Ksh. 180 million to a company called Quorandum Limited which had no contract to show for any consultancy services offered to the Youth Fund and another ksh. 65 million to the Fund. The balance that was Ksh. 155 million was irregularly withdrawn.
    PIC is investigating how the CEO directed the withdrawal of Sh180.9 million from the Fund’s account between February and April 2015
    .
 
  • Independent Electoral and Boundaries Commission (IEBC) assured CORD leaders that the National Youth Service (NYS) is not running a parallel voter registration as had been claimed by the Wiper Party leader.
    IEBC nonetheless, warned against attempts by politicians to carryout parallel voter registration, stating they will be prosecuted for performing functions that are solely the mandate of IEBC.
    Kalonzo Musyoka, one of the CORD leaders had claimed that NYS was being used by the government to register voters secretly in preparation to rig the 2017 elections using the Biometric Voter Registration (BVR) kits at the disposal of the ministry of Devolution.
    IEBC has since denied the claims and the commission’s Chief Executive Officer explained that the BVR kits with the ministry had their data erased and hard disks formatted before they were handed over to the ministry.The government through the CS Public Service, Youth and Gender Affairs, Ms Sicily Kariuki, denied NYS involvement in voter registration, maintaining that the activity was the prerogative of IEBC.
  • Members of Parliament were urged to be a good example to Members of County Assembly (MCAs) by cutting down on unnecessary costs and maybe MCAs may follow their good example.
    While discussing the Budget Policy Statement, Commission on Revenue Allocation (CRA) chairperson Micah Cheserem urged MPs to lead the fight against government wastage by reducing their travelling allowance and ask the president to also do so by cutting down on his entourage when going on official trips.
    His plea to MPs comes at a time when MCAs appear to follow MPs in demanding for unnecessary compensation for what they term breach of their contract as their term is shorter owing to the August 2017 elections date set by the IEBC.

     
  • The Transition Authority (TA) has warned that despite having all detailed functions that needed to be devolved already transitioned, the country was at risk of losing public assets because of gaps in the law.
    TA’s chairman Kinuthia Wamwangi said the Transition to Devolved Government Act, which created TA, will also expire on the same day the authority's term expires.
    As such it would be difficult to secure all public assets after the expiry of the law. He contended that that is why they wanted an extension but the agency is more than glad to wind up even though many functions are likely to suffer before a new body is formed to take over from them.
Public Participation
  • Deadline for submitting representation on the Fisheries Management and Development Bill, 2014 is on Tuesday, 8th March 2016. A copy of the Bill can be downloaded from the parliament website www.parliament.go.ke  (Senate section)
    Interested members of Public are advised to forward their presentations to the Clerk of the Senate, P.O. Box 41842 – 00100 Nairobi; hand-delivered to the Office of the Clerk, first floor, Main Parliament Buildings, Nairobi; or emailed to csenate@parliament.go.ke on or before 5:00pm Tuesday, 8th March 2016. Public hearing shall be on the same day 8th March, from 10:00am to 1:00pm at Kenyatta International Convention Center (KICC), Impala room.
  • Members of the public are invited to submit their views on the National Cereals and Produce Board (Amendment) Bill, 20165 by 5:00pm Wednesday 9th March 2016.
    Interested members of Public are advised to either attend a public hearing on Wednseday 9th March from 10:00am to 1:00pm at the Kenyatta International Convention Center (KICC), Impala room or forward their representations to the Clerk of the Senate, P.O. Box 41842 – 00100 Nairobi; hand-delivered to the Office of the Clerk, first floor, Main Parliament Buildings, Nairobi; or emailed to csenate@parliament.go.ke on or before 5:00pm Wednesday 9th March 2016
Editorial: MPs Greed: What Ksh. 8.35 billion can do

Over 5000 students had their KCSE certificates cancelled over cheating cases in the just released 2015 KSCE examination results. And while the Education CS says, the sharing of the cheating cases shows they had nothing to hide, it also communicates volumes about the moral fabric of our time.Cheating cases in primary and secondary schools examinations have been on the rise. No doubt in our universities as well. However, there’s a direct correlation in the rise of cheating cases and corruption cases in our country today. While corruption hasn’t begun today, it was generally hushed down and even those who engaged in corruption attempted to treat is as the vice it is. First forward to present Kenya and corruption appears to be a community activity. Parents are no longer saddened their children are caught cheating, no, their concern is “why they are the ones targeted!” typical political response.Read more

Quote of the Week

Sentiments by Sen. Bonny Khalwale  on 29th September 2015 when contributing to the senate debate on the status of IEBC in preparation to the 2017 elections.

"Mr. Deputy Speaker, Sir, in 2007/2008, Kenyans killed each other because of a disputed election. One of the reasons was that when election results were announced from certain constituencies, people doubted them. There is a very important constituency called the voter in the diaspora. Could the Chairperson tell us what the population of the potential voter in the diaspora is, and so far, what percentage of this population has been registered? It will be extremely dangerous after Kenyans have followed and tracked the local results, and then, somebody announces that presidential candidate “X” has got five million votes from the diaspora. People will fight; this is not what we want. Could the Chairperson be clearer?" Read the Hansard


 Lest we Forget!
Sentiments by Hon. Elias Bare Shill on 10th December, 2014 about leaders who party-hop. He said this while giving his condolences to the late Kenyan Politician, J.J Kamotho 

"I would also like to say that he is a man who made his name in politics...he was a true believer of his party KANU. This is what we should emulate; that is why we have passed the Political Parties Act. Everybody should become a real believer in their parties instead of hip-hop business. Let us emulate him as Kenyans if we want to remember him." Read Hansard
 
Newsmaker(s) this week:
While the Devolution ministry continues to sink deep in corruption scandal, former CS who is also under investigations over corruption allegations has written to General of Police, Joseph Boinnet seeking additional security over what she terms threats to her life over the NYS saga.
Ms. Waiguru has alleged that senior politicians in government have threatened her over the explosive affidavit she wrote implicating senior Jubilee coalition members. She also reported that she was worried the investigations will be interfered with to her disadvantage
.
 
Bills in the Senate

Bill(s) in the First Reading

THE ORDER OF PRECEDENCE AND TITLES BILL (NATIONAL ASSEMBLY BILL NO. 11 OF 2014) sponsored by The Senate Majority Leader Sen. (Prof.) Kithure Kindiki

Bill(s) in the Second Reading
THE FISHERIES MANAGEMENT AND DEVELOPMENT BILL(NATIONAL ASSEMBLY BILL NO. 18 OF 2014) sponsored by The Senate Majority Leader Sen. (Prof.) Kithure Kindiki

THE PERSONS WITH DISABILITIES (AMENDMENT) BILL (SENATE BILL
NO. 13 OF 2015) sponsored by Sen. Godliver Omondi

THE NATIONAL CEREALS AND PRODUCE BOARD (AMENDMENT)BILL (SENATE BILL NO. 15 OF 2015)sponsored by Sen. (Dr.) Zipporah Kittony

THE MICRO AND SMALL ENTERPRISES (AMENDMENT) BILL, (SENATE BILL NO.12 OF 2015) sponsored by Sen. Kimani Wamatangi 

THE COUNTY STATUTORY INSTRUMENTS BILL, (SENATE BILL NO.10 OF 2015) sponsored by Chairperson Sessional Committee on Delegated Legislation Sen. Kisasa Mshenga

THE NATIONAL HOSPITAL INSURANCE FUND (AMENDMENT) BILL, (SENATE BILL NO.9 OF 2015) sponsored by Sen. Martha Wangari

THE COUNTY LIBRARY SERVICES BILL, (SENATE BILL NO.6 OF 2015) sponsored by Sen. Joy Gwendo
 
Bill(s) in the Committee of the Whole House
THE WATER BILL, (NATIONAL ASSEMBLY BILL NO.7 OF 2014) sponsored by Senate Majority Leader, Sen. (Prof.) Kithure Kindiki

THE KENYA NATIONAL EXAMINATIONS COUNCIL (AMENDMENT) BILL, (SENATE BILL NO.7 OF 2015)sponsored by Sen. David Musila

THE UNIVERSITIES (AMENDMENT) BILL (SENATE BILL NO. 31 OF 2014) sponsored by Sen. Halima Abdille

THE OFFICE OF THE COUNTY ATTORNEY BILL, (SENATE BILL NO. 37 OF 2014) sponsored by Chairperson, Standing Committee on Legal Affairs and Human Rights Sen. Amos Wako

Bills in the National Assembly
Bill(s) in First Reading
THE JUDICIARY FUND BILL (NATIONAL ASSEMBLY NO. 3 OF 2016) sponsored by Hon. Samuel Chepkong’a, M.P.

THE POTATO PRODUCE AND MARKETING BILL (SENATE BILL NO. 22 OF 2014)sponsored by The Chairperson, Departmental Committee on Agriculture, Livestock and Cooperatives, Hon. Adan Mohamed Nooru, M.P.

THE COUNTY EARLY CHILDHOOD EDUCATION BILL (SENATE BILL NO. 23 OF 2014) sponsored by The Chairperson, Departmental Committee on Education, Research and Technology, Hon. Sabina Chege, M.P

Bill(s) in Second Reading
THE CONTROLLER OF BUDGET BILL, (NATIONAL ASSEMBLY BILL NO.21 OF 2015) sponsored by the Leader of Majority Party, Hon. Aden Duale

THE COMMUNITY LAND BILL, (NATIONAL ASSEMBLY BILL NO.45 OF 2015) sponsored by the Leader of Majority Party, Hon. Aden Duale

THE LAND LAWS (AMENDMENT) BILL, (NATIONAL ASSEMBLY BILL NO.55 OF 2015) sponsored by the Leader of Majority Party, Hon. Aden Duale

THE ENERGY BILL, (NATIONAL ASSEMBLY BILL NO.50 OF 2015) sponsored by the Leader of Majority Party, Hon. Aden Duale

THE CONSTITUTION OF KENYA (AMENDMENT) (NO.5) BILL(NATIONAL ASSEMBLY BILL NO. 56 OF 2015) sponsored by Hon. (Eng.) Nicolas Gumbo, M.P.

THE KENYA ROADS (NATIONAL ASSEMBLY BILL NO. 26 OF 2015) sponsored by The Leader of the Majority Party Hon. Aden Duale

THE SEEDS AND PLANT VARIETIES (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 43 OF 2015) sponsored by The Leader of the Majority Party Hon. Aden Duale

THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 4 OF 2015) sponsored by The Leader of the Majority Party Hon. Aden Duale

THE WAREHOUSE RECEIPTS SYSTEM BILL(NATIONAL ASSEMBLY BILLNO. 12 OF 2015) sponsored by The Leader of the Majority Party Hon. Aden Duale

THE MISCELLANEOUS FEES AND LEVIES BILL(NATIONALASSEMBLY BILL NO. 30 OF 2015) sponsored by The Leader of the Majority Party Hon. Aden Duale

THE KENYA DEFENCE FORCES (AMENDMENT) BILL(NATIONAL ASSEMBLY BILL NO. 41 OF 2015)sponsored by The Leader of the Majority Party Hon. Aden Duale

Bills in the Committee of the Whole House
The In-Vitro Fertilization Bill (National Assembly Bill No. 36 of 2014) sponsored by Hon. Millie Odhiambo-Mabona, M.P.

The Political Parties (Amendment) Bill (National Assembly Bill No. 5 of 2015) sponsored by Hon. Chris Wamalwa, M.P.

The Legal Aid Bill (National Assembly Bill No. 35 of 2015)sponsored by The Leader of the Majority Party  Hon. Aden Duale

The Private Security Regulation Bill (National Assembly Bill No. 4 of 2014)sponsored by The Leader of the Majority Party  Hon. Aden Duale
The Agriculture, Fisheries and Food Authority (Amendment) Bill (National
Assembly Bill No.17 of 2015) sponsored by Hon. Silas K. Tiren, M.P.


 
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