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On this day, Friday 3rd May 2013,
We, the people of Kenya—
ACKNOWLEDGING the supremacy of the Almighty God of all creation:
HONOURING those who heroically struggled to bring freedom and justice to our land:
PROUD of our ethnic, cultural and religious diversity, and determined to live in peace and unity as one indivisible sovereign nation:
COMMITTED to nurturing and protecting the well-being of the individual, the family, communities and the nation:
RECOGNISING the aspirations of all Kenyans for a government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law:
EXERCISING our sovereign and inalienable right to determine the form of governance of our country and having participated fully in the making of this Constitution:
Feel deeply aggrieved and injured by recent actions by members of the National Assembly of the Republic of Kenya and the Senate of the Republic of Kenya to agitate for higher remuneration after vying for office with the Salaries and Remuneration Commission having already gazetted their terms of service and remuneration way before they contested party nominations. We condemn the act of the legislature in being complainant, judge, witnesses, jury and executioner in their own cause for higher remuneration.
The SRC in 2013 set a new salary structure which reviewed the MPs salaries from Kshs 851,000 per month paid to the 10th Parliament (2008- 2012) to a range of Kshs 532,500 – Kshs 710,000 per month for the current parliament. This SRC process of reviewing the salaries was open and consultative and the MPs were represented in the same through the Parliamentary Service Commission. What is more, the MPs were aware of the proposed salary structure before they offered themselves for ‘leadership’ positions in the just concluded March 4th 2013 general elections. Terms of parliament run for five years. Even if an incoming parliament/national assembly has some of the members of the previous assembly, it is still a new parliament.
There is no basis for comparing the salaries set by SRC and what the 10th parliament earned. It is therefore a fallacy for MPs to argue that their salary has been slashed or reduced.
On May 3, 2013, the MP for Igembe South, Hon. Mithika Linturi filed a petition regarding the Petition for removal of the SRC commissioners for reducing their monthly pay to Sh535,500 saying it was "unacceptable." The aggrieved legislators complained that the pay is too low after it was slashed from Sh851,000 to Sh532,500 and threatened to disband the SRC and give its functions to another organ through a Motion on the floor of the House.
The aggrieved legislators are plotting to disband the salaries body and give its functions to another organ will have to get approval of Kenyans through a referendum. Article 251 of the Constitution is inapplicable in this case and to that extent, the Petition by the MP for Igembe South, Hon. Mithika Linturi is clearly misguided.
The Salaries and Remuneration Commission has not done anything that is contrary to this section of the constitution because it was fulfilling its mandate to inquire into and advise on the salaries and remuneration to be paid out of public funds and make recommendations on matters relating to the salary and remuneration of a particular State or public officer as provided for under the Salaries and Remuneration Commission Act Article 11.
The 10th Parliament amended the Elections Act and inserted stringent requirements that Kenyans would have to meet before their recall bid sails through. In so doing, the legislators have made it impossible for Kenyans to successfully remove unfit MPs from office.
The provisions give Kenyans a one year window during which to initiate the recall in addition to depositing Sh500,000 with the Independent Electoral and Boundaries Commission.
The governor, His Excellency Moses Akaranga has named his county cabinet as they await approval by the county assembly. We request the assembly not to approve the names of the COUNTY EXECUTIVE COMMITTEE members as they were not duly advertised to ensure fairness, merit and transparency.
This is a new constitution and with the devolvement of power, we need to have the most qualified people in office to raise the standards of our County. We have long lurked behind with our people being unemployed, high rates of poverty, drug abuse and high crime rates. To be a better county we need the best not political favours or buddies in key positions. We urge the County Assembly to reject the names and request the Governor to follow due process.
We need an economically, socially and politically powered Vihiga County!!!
I want to live in a world where children can go to school without fear of violence.
Where journalists are not threatened for reporting on human rights abuses.
Where people from different backgrounds use dialogue rather than violence.
Where police can be trusted to protect citizens.
Where families are not forced to flee their homes.
"Education Is The Most Powerful Weapon Which You Can Use To Change The World"-Nelson Mandela: Back-to-School Scholarship Appeal For Mission of Hope Children's Center, Malindi-Kenya:
BACK-TO-SCHOOL SCHOLARSHIP APPEAL: Universal Education For All is the United Nations Millennium Development Goals (MDGs). The orphaned and vulnerable children's of Milalani Village, Malindi and around the Republic of Kenya have every right to education regardless of social status.
Most orphans in Kenya are denied education rights by family or the state, and as such, Aid Kenya Foundation has taken up the responsibility to offer education scholarship to all orphans and to build them Mission of Hope Children's Center/Milalani Community School.
Foster-A-Child: Education For Orphans Sponsorship Program is a scholarship program hosted by the Aid Kenya Foundation (AKF), a humanitarian aid and development assistance foundation in Kenya, to promote education in Milalani Community, Malindi, Kenya; as well as support children and students from poor backgrounds in from rural-urban Kenya.
The program’s mission is to offer scholarships to orphaned and vulnerable children; providing post secondary education and vocational training to teenage mothers and the youth; promoting educational institutions; and building schools, vocational training centers, and orphanages in Kenya to improve education standards of orphans and secure their future and attack poverty.
We seek to link most serving children to foster families, companies, foundations, and individuals who commit to educate a child in Kenya. Foster Guardians will get files and detailed information and updates about the children they are sponsoring.
A one off or monthly sponsorship program is available for individuals, tourist, companies, organizations and corporations who can Foster Children by paying school fees of the deserving beneficiaries selected by the Foundation’s Board of Trustees.
Sponsors can donate school tuition fees or upkeep fees in cash or in kind in the form of books, school uniforms, stationery, computers, sanitary towels, food, water, sporting gears, shoes, paint, water tanks, chairs, cabinets, tables and equipment.
The sponsors or volunteers on experiential learning can help Mission of Hope Children’s Center/Milalani Community School to renovate or build a School Library, Classroom, Dormitory, Kitchen, Dining Hall, Administration Block, Borehole, or buy a school van, motor cycle or bicycle (to improve access or transportation).
CATEGORY/ITEM & COST PER MONTH IN USD:
Early Childhood Education (ECD) - USD. 30
Primary - USD. 50
Secondary - USD. 78
Post-Secondary(Polytechnic/College) - USD. 105
University - USD. 187
STIC Talent Incubation(Academy) - USD. 105
AKF-PED Feeding & Nutrition Program - USD. 60
Transportation - USD.55
Books & Stationery( A School Back Pack) - USD. 40
Computer - USD. 30
Educational Trips(ElimuTours) - USD. 25
How To Make A Donation:
1. Direct Deposit or Transfers Or Standing Order Send to:
Bank Account Information:-
A/C Name: AID KENYA FOUNDATION
A/C No. : 082-1430151
Swift Code: BARCKENX
Bank: BARCLAYS BANK OF KENYA
Branch: Haile Selassie Avenue, Nairobi, Kenya
2. Western Union/MoneyGram:
Payee: Armstrong O’Brian Ongera, Jr.
We request for modest donations from individuals, diaspora, companies, ministries, volunteers, development partners (agencies) and well wishers to help achieve the Universal Education For All as a Millennium Development Goal. Donations from as little as USD 5, 10, 20, 50, 100, 1000 or more are accepted.
For Donations or further inquiries reach us on E-mail:
MISSION OF HOPE CHILDREN’S CENTER,
AID KENYA FOUNDATION,
P. O. BOX 98283-80100,
Tel. +254 715 812 355
The Minister for Justice and Constitutional Affairs on 27 November 2012 informed Parliament that the Cabinet had decided that Kenyans living in the Diaspora will not be voting in the 2013 General Elections.
This was in spite of the chairman of IEBC having travelled and consulted widely over the last two years with the Kenyan Diaspora and repeatedly assuring them that they will be voting in the next elections.
H.E. the President himself during the visit to the UK in August reiterated that voting will be a reality.
The logistical, financial and time constraints that have been given as the main reason for this unfortunate occurrence are insufficient and incommensurate to the infringement of the democratic rights of Diaspora Kenyans.
We have been informed by chairman of IEBC that there are only 129,000 Kenyans registered with the Embassies and High Commissions outside of Kenya.
We now urge all Diaspora Kenyans to sign this petition to demand our right to vote and also demonstrate that there are more Kenyans in the Diaspora who are disillusioned with the Government of Kenya hence have never found the need to register with the foreign missions.
We need at least 1 million signatures.
Miguna Miguna, former adviser to Prime Minister Raila Odinga on matters of the coalition government, has written a book called Peeling Back the Mask that is critical of his ex-boss.
Over the last few months since the book came out, we've witnessed a brazen attempt to silence Mr. Miguna, with supporters of Raila Odinga resorting to violence against Miguna and even his family.
Prime Minister Odinga has not spoken to his followers to urge restrain and neither has President Mwai Kibaki acknowledged that we're witnessing a fundamental infringement on a citizen's right to free speech in broad daylight.
It's a upon you to lend your voice to this. Whether or not you agree with Miguna, please sign this petition. This level of intolerance has no place in a democracy;
We have been receiving lots of terrible stories about mysterious deaths at the Nairobi Women's Hospital, both mother and baby dying or patients left with life time scars, negligence and carelessness, inflated bills and many other complaints.
Our main aim is for the shut down or reform of this facility.
This petition is created for all those who want peace in our country.
Although the new Constitution stripped the president’s power to dissolve Parliament, and therefore cause new general elections, the new Constitution clearly fixed the date for the general elections for Members of Parliament, to be “on the second Tuesday in August in every fifth year.”
This date is mandatory and automatic under Article 101 of the constitution. Members of the 10th Parliament were elected—and I always use the term sparingly, given some were obviously rigged in, on December 27, 2007. The members were sworn in on that cantankerous 15th day of January, 2008, which means, the next Parliamentary elections must be on August 14, 2012, under Article 101 of the constitution (second Tuesday in August of the 5th year), counting from the date of election, not the date of swearing in.
This is the only interpretation that makes sense and, even though one other might (holding the first elections under the new Constitution in December 2012), all others must be viewed with great suspicion as mischief must be lurking underneath.
-Samuel Omwenga, lawyer and political analyst in the US
We want our voices to be heard, as youths, we have been silent for decades and now we are rising up.
Our voices need to be heard, we are Kenyans and want our government to make us proud.
On December 15 2010, The President of the Republic of Kenya President Mwai Kibaki issued a statement after the ICC charged 6 Kenyans with crimes against humanity resuting from the 2007/2008 post election violence (PEV). In part of his statement, the President said and I quote;
"I have taken note of the announcement made this afternoon by the I.C.C. Chief Prosecutor Mr. Luis Moreno-Ocampo in regard to the Kenyan case.
Like other countries, our overriding desire in subscribing to international conventions is to advance our national interest both internally and internationally.
We do expect, therefore, that the International Criminal Court process will meet our expectations as a nation.
I wish to state that the people who have been mentioned have not yet been fully investigated as the pre-trial process in The Hague has only but began. They therefore cannot be judged as guilty until the charges are confirmed by the court.
Calls for action to be taken against them are therefore prejudicial, preemptive and against the rules of natural justice." end quote.
Agreement for the implementation of the CIPEV Report signed by H.E Mwai Kibaki and Rt. Hon. Raila Odinga on 16 December 2008:
Article 4: Public Officers and Offices
The Parties shall ensure that any person holding public office or any public servant charged with a criminal offence related to 2008 post-election violence shall be suspended from duty until the matter is fully adjudicated upon.
Kenyans have not had peace since December 2007 when they had the last botched General elections. The current crop of members of parliament does not inspire Kenyans to love their country and have confidence in the Kenyan parliament.
Since we now have an Independent Electoral and Boundaries Commission and a Supreme Court that Kenyans have confidence in, it is only fair to the people of Kenya that fresh general elections are called in 2012 so that new leadership that is trusted and cherished in elected under the new constitution.
AID KENYA FOUNDATION-KITUTU COMMUNITY RESOURCE CENTER/KITUTU OVC CENTER:
AID Kenya Foundation, a nonprofit, and humanitarian aid and development assistance charitable foundation in Kenya.
The foundation is working with local communities, and collaborative partners to build the Kitutu Community Resource Center to empower rural-urban orphaned and vulnerable children (OVC), teenage girls/mothers, and in and out of school youth in the areas of education, health-care,sports, talent development, mentorship and vocational training.
Already, The Foundation, through the Humanitarian Aid & Development Assistance Program, supports hundreds of orphaned and vulnerable children and teenage mothers to access educational opportunities, shelter, health-care and psychosocial support; It further supports many teenage girls to get regular supply of sanitary towels just keep them in school and increase their self esteem; Kenya is currently experiencing a societal breakdown, where in every household, there is a teen mum some at the age of 12 with a baby or two.
The Center shall cater for OVCs and teen mums from across Kenya, and will have an a Community Outreach Program.
As a matter of urgency, the Foundation is building the Kitutu Community Resource Center/Kitutu OVC Center, with the following objectives:
1. Teaching teenage mothers on motherhood, nutrition, parenting and reproductive health;
2. Rehabilitate teenage mothers involved in alcoholism, drug and substance abuse;
3. Offer vocational trainings like tailoring, hairdressing, computers and ICT, arts, and Embroidery;
4. Create awareness on dangers and risks of teenage motherhood, HIV/AIDS and STIs;
5. Provide quality health-care to both the mother and child;
6. Distribute sanitary towels and pampers to schools, homes, and in public;
7. Offer a back-to-school reintegration program to embrace formal education by providing scholarships;
8. Provide guiding and counseling and psychotherapy;and
9. Build self-esteem, confidence and courage.
The Center will also host the Kitutu OVC Center for the kids of teen mums and support those OVCs who are enrolled in public schools supplying kids with pens, pencils, shoes, back packs, books, crayons, etc.
For feed back or volunteer, partner or donate, contact, Tel. +254 729 32 44 29 or E-Mail:
DREAM TEAM: The following is the Dream Team Managing and Coordinating the Project:
1. Armstrong Ongera, Jr.-Executive Director
2. Patricia Kadesa- Project Manager
3. Melissa Cheruiyoti- Corporate/PR/ Communications Manager
4.Seba Nyakundi-Program Manager/Volunteer Coordinator
5. Sheila Shinto- PA & Chief of Staff
DONATION REQUESTS AND SOLIDARITY:
1. MPESA-0729 32 44 29
AID Kenya Foundation
P. O. BOX 5956-00200
NOTE: A volunteer or supporter, can donate time, and expertise, in creating awareness about the Center, as well as mobilizing resources, or volunteering on the ground.
3. WIRE TRANSFER:
Any Voluntary Donations can be sent by WU or wire transfer to the following Bank Account:-
A/C Name: AID KENYA FOUNDATION
A/C No. : 082-1430151
Swift Code: BARCKENX
Bank: BARCLAYS BANK OF KENYA
Branch: Haile Selassie Avenue,Nairobi,Kenya
We have all seen and heard the lack of judgment and untoward behaviour from one of the highest regarded and supposedly custodian of the Kenyan Constitution and Law.
It is for this reason WE say such bad manners and behaviour will NOT NOW or in the near FUTURE be tolerated. This is the Kenya WE DO NOT WANT!
Today the Deputy Chief Justice Miss Nancy Baraza wantonly and blatantly pointed a gun to a security officer, tomorrow she will fire it and it could be YOU on the receiving end!!
Such behaviour WILL and CANNOT be accepted, sign the petition NANCY MUST GO!
Kenya National Youth Association (KeNYA) is a national voluntary, nonpartisan, and membership-based empowerment organization whose mission is to “Serve the Nation and empower the in and out of school youth with skills and know-how as well as teach and engage them in creativity, innovation, volunteerism and civic education in the areas of democracy, human rights, entrepreneurship, independence, peace and non-violent conflict resolution, and to combat negative ethnicity in rural-urban Kenya’’.
Under the Kenya Democracy Project(KDP),a program Promoting Peace, Community Service, Interdependence & Non-violent Conflict Resolutions, KeNYA and partners are implementing a Civic and Voter Education Project /Every VOTE Count Project (GOTV Campaign) with an overarching and overriding goal of educating the youth about the Constitution, Voter Registration, and Voting Rights. We believe that for Kenya to avoid violence, the votes of every voter must be counted, and that the process must be free and fair.
Furthermore, the citizenry including the Kenyan Diaspora, must be fully educated about the elections, and the electoral laws and rules that will govern the Electoral Process for Presidential, Gubernatorial, Senatorial, Parliamentary, and Women/County Representative seats.
Effectively, KeNYA has embarked on the 12 Month (January 1-December 31 2012 Period) Every VOTE Count Project 2012 (GOTV Campaign), where we shall educate everyone about the electoral process, without bias, partisanship, or inclination, beginning with a Petition:
‘We, the Undersigned members of Kenya National Youth Association (KeNYA), partners, and the stakeholders, call upon the free and patriotic citizens of the Republic of Kenya, the Government, the Independent Electoral Commission (IEC), to conduct a FREE and FAIR Elections in 2012 General Elections, free of violence, with sufficient CIVIC EDUCATION, and where EVERY VOTE will be COUNTED, including that of the YOUTH, WOMEN, DISABLED, and most important, that of the Kenya Diaspora, in the eyes of the Civil Society, Local and International OBSERVERS’’
For partnership, membership, or volunteerism, contact:
Kenya National Youth Association (KeNYA)
P. O. Box 5956-00200, Nairobi-KENYA
Tel. + 254 722 233 234
Per the New Kenyan Constitution
Section 82(1): Parliament shall enact legislation to provide for—(e): the progressive registration of citizens residing outside Kenya, and the progressive realization of their right to vote.
Kenya’s newly elected Independent Electoral and Boundaries Commission board recently visited Kenya Diasporans in the USA. In the various cities they visited, the Chief Electoral Officer ( CEO ) James Oswago, repeatedly pointed out that the purpose of their trip was to pick Diaspora minds on how to move forward with the voting process for the Diaspora since the new constitution gave Kenyan citizens outside the country the right to vote. The ironic thing is that he would then be followed on the podium by chairman Isaack Hassan, who would sing a totally different song and instead of trying to pick Diaspora minds, would go right into declaring what they felt was the best way for Diaspora Kenyans to vote.
He ruled out online voting and several other methods and seemed firmly set on stating that they would recommend Diaspora Kenyans travel to vote at the Embassy and consulates in Los Angeles and New York. He also mentioned that the Embassy officials would act as voting agents. He also said diasporans would only be able to vote for the presidential race and not any other races. If implemented, this process will hinder free and fair elections by Kenyans in the Diaspora for several reasons, two main ones are mentioned below:
*In the USA, the average cost of travelling to any of the said cities, along with accommodation will be upwards of USD $500. This process will have to be done twice: For voter registration and for voting. This in essence prevents any Kenyan citizen without approximately $1000 USD to spare from voting, which means the election is NOT free. Outside the USA, there are several other large countries with large Kenyan populations that will face the same dilemma e.g. Canada, India, Australia, e.t.c.
*Ambassadors to the Kenyan Embassy and missions are political appointees. Having them serve as voting agents would be a conflict of interest and this does not promise a FAIR election process
Per the constitution:
Section 82 (2): Legislation required by clause (1) (d) shall ensure that voting
at every election is—
(b) transparent; and
(c) takes into account the special needs of—
(i) persons with disabilities; and
(ii) other persons or groups with special needs.
All the above would be violated if they proposed a measure to require Kenyans to fly to the 3 states to register and vote.
When these concerns were brought up, the IEBC board then resorted to using different tools of manipulation by playing with the word “Progressive” which is used in the constitution clause. In essence, the word progressive was now being used as a weapon, as he said that the term progressive gave them the power to rule out any process they felt could not be implemented within the time frame they have.
What this means is that the Independent Electoral and Boundaries Commission can wake up tomorrow and give the minimal effort to enable diasporans to vote, and say that it will be a progressive progress, as long as at least a small bunch can vote in 2012. Their words seem to hint at them planning to do just that, hence the ridiculous suggestions that hundreds of thousands of Kenyans converge on a tiny embassy or consulate on a single day to cast a vote in an election overlooked by a political appointee.
We REJECT this attempt at manipulation of the constitution to deny us our right to freely and wilfully vote.
We demand that the Kenyan Government explore all options available to ensure the most convenient voting process is set up, preferably online voting. If online voting cannot be implemented and we have to resort to specified Diaspora polling stations, there should be a process in place to ensure that polling stations are conveniently spread out in accessible locales where Kenyan citizens living abroad can travel to vote without incurring any expenses. For the USA, some of these cities (which have large populations) include:
Kansas City, MO
Other diaspora cities across the world TBD
The Kenya govt can swear in voting officers from the hundreds of thousands of diaspora abroad if need be. Do not deny us our right to vote
ENDORSING GROUPS & ENTITIES:
-Kenya Diaspora Vote- Facebook group
-aKtive: Kenyan American Advocacy Group
-Kenyans 4 Change
-Kenya Diaspora Alliance
The sidelining by Cabinet and the National Assembly of Kenya of the Commission for the Implementation of the Constitution, whose duties are clearly defined and enumerated in Article 262 of the Constitution (Sixth Schedule on transitional and consequential provisions) and was established by the Constitution to among others act as the peoples watchdog in ensuring the constitutionality of all supporting legislation while acting as liaison between non-state actors and the state, is mischievous, in bad faith and an affront on our sovereignty and will as the people of Kenya, and the supremacy of the Constitution of Kenya.
The Cost of Living in Kenya has been on the rise for the past few months. However, with the recent hike in fuel prices, the situation has gotten worse really fast.
Food prices have skyrocketed and people can no longer afford the same meals they had just a few weeks ago. Bus fares have gone up and people are now being forced to walk to work.
The Government needs to curtail the rising cost of living.
Disability rights activist Peter Gichura, who has lived in Croydon, UK since 2001, has received a Removal Order from the Home Office, which will force him to return to Kenya and leave the life he has built in the UK.
Despite the difficulties Peter has faced as an asylum seeker, he has spent his time positively, successfully completing NVQ level 4 in accounting and doing voluntary work and activities with Payday men’s network, WinVisible (women with visible and invisible disabilities), Leonard Cheshire Disability, Westminster Action Network on Disability, and his local church. Peter is an active and well-respected member of his local community, with many friends and networks in the UK.
Peter was instrumental in establishing a disabled persons’ organisation in Kenya, advocating for the rights of disabled street sellers. He fled in 2001 to escape anti-Kikuyu persecution against disability activists.
Whilst in the UK, Peter has made good use of his skills, by being involved in campaigns to improve access to public services for disabled people, including London buses.
Peter has made a significant contribution to the disabled people’s movement in the UK. As an asylum seeker, he was detained in Harmondsworth in 2006, without accessible washing and toilet facilities, not given the correct medication, and subjected to painful body searches. With the support of WinVisible and Payday, Peter challenged the Home Office and Kalyx, the company that runs Harmondsworth detention centre, using the Disability Discrimination Act (DDA).
In May 2008 the Court of Appeal made a precedent ruling on his DDA case -- that all disabled people in custody before December 2006 do have the protection of anti-discrimination legislation.
During the plane journey to the UK in 2001 Peter was manhandled, causing his spinal injury to worsen. He has gone from using crutches to using a wheelchair, and relies on medical treatment without which he would die. In 2006, he applied for asylum on that basis: "As someone with spinal injury I am vulnerable to chronic kidney infection and need sanitary living conditions to survive – but there is no running water where I am from in Nyahururu, Kenya. I cannot afford medical treatment – and there is no free healthcare." Expert evidence confirmed this but was ignored, and Peter’s claim was turned down.
Removal now would put Mr Gichura’s health and life at serious and immediate risk.
Above all, Peter has built his life in the UK, has contributed to society through his active commitment to voluntary and community groups. Peter has the skills and experience that will help him to build a career, he has a job offer, and will thus be able to support himself financially if he is given leave to remain in the UK.
Whereas universities and various technical institutes train engineering cadres, registration and licensing is by professional bodies.
In Kenya, Engineers Registration Board of Kenya is the body mandated by law to define categories of engineers, technologists and technicians. ERB is required by law to register persons who have followed a recognized structured curriculum and have demonstrated competency in their field of engineering.
Currently there are 18 engineering programmes recognized by Engineers Registration Board of Kenya as offering opportunities towards registration, although there are 30 engineering degree programmes offered in public universities. Environmental and Biosystems Engineering is offered at the University of Nairobi but is currently not recognized by the Engineers Registration Board of Kenya.
It is terrifying to think that that universities have been admitting some of the best brains to read for five-year engineering degrees whose career paths lead nowhere because the Engineers Registration Board of Kenya does not recognize them.
SETTING APART OF LAND FOR CONSTRUCTION OF PUBLIC PRIMARY SCHOOLS IN THE SLUMS AND INFORMAL SETTLEMENTS OF NAIROBI
We the undersigned organisations involved in the promotion of the Right to Education wrote to the Mayor, Nairobi City Council on the 18th December, 2009 appealing for intervention in the above matter. One year later, we are yet to receive any response from your office. We now publicly draw your attention once again to the following issues:
1. Despite the inception of Free Primary Education in 2003, Nairobi has the largest number of un-enrolled children save for North Eastern Province. Only 61.8% of boys and 59.7% girls are enrolled in primary schools. Lack of affordable primary schools for the poor, who live in the informal settlements, is a major contributor to this problem.
2. Despite housing over 60% of the population in Nairobi (3.1 Million people) only 23% (67 out of 203) public primary schools are available to slum communities in Nairobi - less than 5 are inside slum areas. The failure of the Government of Kenya to construct adequate public primary schools in Nairobi is distressing, given the rapid rise in population. Only 1 public school has been built in Nairobi over the last 10 years.
3. The Ministry of Education has on numerous occasions, lastly on 29th August, 2009 expressed readiness and availability of resources for construction new public primary schools in the slums of Nairobi. However, a significant inhibitor to the construction of schools, according to the Ministry of Education, is the inability or unwillingness of Nairobi City Council to allocate land.
4. The Laws of Kenya obligate the Nairobi City Council to make available land for the purpose of public schools. These Obligations are set forth in, inter alia, Cap 265 Section 144 (1) to (3) of the Local Government Act; Cap 6 Section 29 of the Physical Planning Act; Cap 211 Section 24, as read with Section 5 (2) (a) (Entrustment of Functions to Local Authorities) and the Government Lands Act.
5. Public Primary Schools remain the only guaranteed access points for receipt of government grants for the Free Primary Education Programme.
6. The provision of education services in a country is the de jure obligation of the State; construction of public primary schools being an indispensible prerequisite.
Our appeal is founded on the international legal and political obligations incumbent upon the Government of Kenya to guarantee the Right to Education by virtue of, inter alia:, Chapter 4, Part 3 of the New Constitution of Kenya, Article 4 and 28 of the Convention on the Rights of the Child (CRC); Article 13 of the International Covenant on Economic, Social and Cultural Rights; Part II, Section 7 of the Children’s Act; and, the Millennium Development Goal 2.
We urge you to discharge your obligation to human rights by publishing the whereabouts of public land for the construction of schools for the urban poor.
Kericho District (Kenya) holds one of the Country's crucial economic commodity-tea (it being the number one agricultural export and a very important contributor to the GDP).
Despite this blessing, the town that boasts its name is a far cry from the status it holds. The town is not well planned and maintained and despite recent improvements it still has a long way to go. Simple things that a local authority should maintain such as street lighting and marking of roads are surprisingly non-existent or otherwise broken down. The town receives its fair share of rate taxes and money from the Local Authority Ministry but one is forced to wonder at the use of the money it receives.
We need at least 1000 signatures from residents who have had enough of this lack of commitment on the Part of the Municipal council and urge them to live up to their expected mandates. Please add your name and other details provided in the petition form and let's urge them to work - although that's what they are required to do.
City of Raleigh and City of Nairobi Sisterhood is an initiative being pursed by very qualified and hardworking committee aimed at forming partnership/Sisterhood between these two Cities.
City Sisterhood is an officially approved, long-term partnership/relationship between two Cities with clearly defined benefits.
Some of the benefits of such relationship includes but not limited to; Business and Investment benefits, student exchanges programs, cultural exchanges, exchange and sharing of ideas e.g City of Nairobi can learn good environmental practices like recycling, water purification or traffic control from City of Raleigh.
Others may include collaborative projects between institutions of higher learning like e.g University of Nairobi and NC State, Duke etc. Among other numerous benefits.
La nouvelle était malheureusement attendue. Le 22 avril, le président du Burundi, Pierre Nkurunziza (photo), a promulgué une loi qui criminalise les pratiques sexuelles entre personnes de même sexe. Avec l'entrée en vigueur du nouveau code pénal, les relations homosexuelles seront passibles, selon l'article 567, de peines pouvant aller jusqu'à deux ans de prison. Jusqu'alors, la loi de ce pays d'Afrique de l'Est ne faisait pas mention de l'homosexualité. Samedi 25 avril, plus de 63 organisations internationales et nationales de défense des droits humains appellent dans un communiqué le Président à revenir sur sa décision. Celle-ci intervient après des mois d'intense lobbying de la part des partisans de la criminalisation.
En novembre 2008, le Parlement avait adopté un projet de code pénal criminalisant la pratique homosexuelle. Le 6 mars dernier, entre 10000 et 20000 personnes avaient manifesté à Bujumbura, la capitale du Burundi, en faveur de la loi, et de nombreux représentants religieux avaient donné de la voix pour demander à ce qu'on punisse les pratiques homosexuelles.
"Le Burundi a, de manière décevante, fait un pas en arrière en légalisant la discrimination", a estimé dans le communiqué Scott Long, responsable de la section des Droits des Lesbiennes, Gays, Bisexuels et Transgenres pour Human Rights Watch (HRW). "Le gouvernement s'est réfugié derrière la "coutume" et la "culture" pour justifier cette mesure répressive mais il ne peut y avoir de justification à la privation d'une partie des Burundais de leurs droits fondamentaux", a-t-il ajouté.
[mise à jour, 13h10] Act Up-Paris a réagi, par la voix de Pauline Londeix, chargée du plaidoyer international: "Les lois pénalisant l'homosexualité ont des conséquences dramatiques en terme de lutte contre le VIH/sida. Au Sénégal par exemple, la répression a rendu impossible toute prévention du VIH envers les MSM. Le Burundi bénéficie depuis 2002 d'argent du Fonds Mondial de lutte contre le sida, notamment dans le but de lutter contre les discriminations que subissent les groupes "vulnérables", dont font partie les MSM. Aujourd'hui, à l'heure où le nombre de contaminations continue d'être supérieur au nombre de personnes mises sous traitement — et alors que la pandémie ne cesse de progresser, une nouvelle loi votée en Afrique pénalisant l'homosexualité représente une catastrophe en terme de santé publique et de respect des droits humains."
[mise à jour, 13h17] En Belgique, le ministre de la Coopération au développement, Charles Michel, se dit très préoccupé par l'annonce de la signature par le Président burundais Nkurunziza d'une loi criminalisant l'homosexualité. Dans un communiqué diffusé lundi, Charles Michel indique qu'il prendra contact dans les prochaines heures avec ses différents collègues européens afin d'envisager une réaction concertée suite à ce cas manifeste d'atteinte aux droits humains.
[mise à jour, 15h12] Contactée par Yagg, Jeanne Gapyia, présidente de l'ANSS, l'association burundaise de lutte contre le sida, se dit déçue: "Je croyais que la raison prendrait le dessus, mais hélas la campagne électorale a pris le dessus". Celle qui fut la première à déclarer ouvertement qu'elle était séropositive en 1995 nous a fait parvenir l'extrait d'une intervention qu'elle avait organisée devant la presse burundaise, le 18 mars dernier, pour dire son opposition à la loi criminalisant l'homosexualité. "Aujourd’hui, parce qu’elle fait fi de la science et des faits, parce qu’elle est basée sur des considérations morales ou religieuses, parce qu'elle foule au pied les droits des individus, parce qu’elle sert peut-être des visées politiciennes, la disposition du nouveau Code pénal qui criminaliserait l’homosexualité est comparable à l’attitude qui a déclenché ma révolte en 1995. […] On nous dira que la société et la culture africaines ne sont pas prêtes à accepter l’homosexualité. De quelle société africaine parle-t-on? L’Afrique du Sud a reconnu l’homosexualité dans sa constitution. Serait-elle en Afrique ou pas? Nelson Mandela et Mgr Desmond Tutu ont dit qu’il ne fallait pas pénaliser l’homosexualité. Ne sont-ils pas Africains? Cela les a-t-il empêché d’obtenir le prix Nobel de la paix?"
[mise à jour, 17h40] Dans un communiqué qui sera rendu public dans les toutes prochaines heures, Rama Yade, la secrétaire d'État chargée des Affaires étrangères et des Droits de l’Homme, "déplore vivement" l'introduction de la pénalisation de l'homosexualité dans le nouveau code pénal. Selon nos informations, Rama Yade, qui s'était rendue les 26 et février dernier au Burundi, avait déjà abordé cette question avec le président Pierre Nkurunziza. Dans un courrier du 19 avril, adressé aux autorités burundaises, elle soulignait que cette nouvelle disposition du code pénal, si elle était promulguée, irait à l'encontre des engagements internationaux du Burundi et que celà aurait aussi de graves conséquences sur la lutte contre le sida. En promulgant cette loi homophobe, le président burundais lui a infligé un cinglant camouflet.
[mise à jour 18h01] Pour Louis-George Tin, initiateur de la Journée mondiale contre l'homophobie, cette décision est "abominable". Ce militant de la dépénalisation demande maintenant à ce que l'arme économique soit utilisée contre le Burundi pour exiger que la question des droits humains y soit respectée. ll faut selon lui que la France mais surtout l'Europe "créé un rapport de forces en faveur de la dépénalisation".
Petition for the protection of those affected by the rebel group Lord’s Resistance Army (LRA) and the arrest of its leader Joseph Kony
The Lord's Resistance Army (LRA) is a rebel group originally from Uganda and formed over two decades ago to oppose the Ugandan government. Now the group has lost political focus and have turned into Africa's most lethal 'killing machine'. They are destabalizing the entire Central African region.
The LRA have spread to South Sudan, Central African Republic and Democratic Republic of Congo. Atrocities include child abductions for the purpose of creating child soldiers and sex slaves, raping and killing and horrendous mutilations to instil fear on local civilians.
The LRA leader Jospeph Kony was given a Warrant of Arrest in 2005 by the International Criminal Court. He is still at large.
Currently the Ugandan army is receiving limited international support and it is the only official army aiming to end the LRA's tyranny.
International awareness needs to be raised on this issue. We therefore want the UK government to set an example for the international community by raising the issue of the LRA with other nations and to show support to governments of the region affected by LRA violence.
The Children Of Ethiopia are in trouble. Ethiopia, one of the poorest country in the world is failing its orphans and poor children.
The Schuster Institute for Investigative Journalism website encapsulates the whole adoption problem in Ethiopia in detail and backed by facts and numbers.
Well-informed sources have told the Schuster Institute that recent trends in Ethiopia’s international adoptions strongly suggest an increase in corruption. In the past, these have been signs that a country’s adoption system is shifting from “white” to “gray”—that is, from a well-regulated humanitarian effort dedicated to the children’s welfare, to a business that is taking children from living families in order to gain profits from Western adoption fees.
These signs include:
Rapidly expanding numbers of children being adopted internationally. For Ethiopia, the numbers of children sent in adoption climbed from a total of 262 in 2002 to more than 2520 in 2007—a tenfold expansion in five years.1 Similar increases have been seen in adoptions to other Western nations. This expansion outpaces regulators’ ability to oversee the system.
More than a dozen Western countries and several thousand prospective families waiting for Ethiopian children. Such high “demand,” combined with the possibility of earning a year’s income in adoption fees per child, can tempt unscrupulous locals to procure children for adoption at all costs.
Rapidly increasing numbers of adoption agencies working in the country, including: agencies that don’t have longstanding ties to the country or its child welfare efforts, and agencies not licensed by the Ethiopian government (as required) that are partnering or “umbrella’ing” with other agencies to serve clients.
Change in demographic profile of the children being adopted from the older children orphaned by their parents’ AIDS, TB, malaria, or other illnesses (the profile of the orphaned children already in the Ethiopian child welfare system); and
to healthy young female infants (who often turn out to have been solicited for the birth families specifically for the adoption trade).
In 2007, according to the DHS Yearbook of Immigration Statistics Table 12, of the 1200 orphan visas from Ethiopia issued by the US, one-third—396—were for infants under one year of age, who are statistically less likely to be orphaned. Another one-third, or 430, were between the ages of one and four years.
Fraud on the children’s documents about such facts as their real ages and whether they were abandoned or relinquished by families.
In other countries, all these have been signals that children were being bought, defrauded, coerced, or kidnapped away from their birth families.
FLY AWAY CHILDREN
A powerful documentary exposing the dark side of adoption presented by Mr Adrew Gehogen , a reporter for Foreign Correspondent a ABC Australia TV Network popular program.
According to the documentary:
Some adopting parents suspect or discover the new child they’ve taken in is not an orphan as they’d been assured. The child may also have a litany of health problems that has been covered up by corrupt officials.
Also many ‘relinquishing’ Ethiopian parents or carers may have been duped into giving up their children through a heartless process called ‘harvesting’ and can’t hope to re-establish contact with them. A group of grieving mothers who have given up their children for international adoption gather at an orphanage to tell their stories. All claim they were told by adoption agencies they would receive regular information about the whereabouts and well being of their children, but have heard nothing.
This petition is for the attention of:
US State Department
Hope For Children
Human Capital Foundation
Christian International Adoption Agency
In 2008, it is estimated that more than 2000 women of all ages were abducted, raped, tortured, and beaten across Zimbabwe for their political affiliations. Local police have said they don't handle political cases and have ignored these women's pleas for protection and justice. There has also not been any attempt to address these crimes at the national level.
Help ensure that the Zimbabwean government ends politically motivated violence against women, put a stop to impunity for these crimes, and bring the perpetrators to justice as stipulated in both SADC Protocol on Gender and Development and the Zimbabwe Global Political Agreement (GPA).
Bulk grain chronology of events:
1) In year 2000 KPA grants a 33 year bulk grain and fertilizer license to Grain bulk handlers ltd.The license restricts other handlers from handling bulk grain at the port until 15th February,2008, i.e effectively a monopoly for 8years. The license is described as skewed by 2 transport ministers: Hon. Michuki and Hon. Makwere on the daily newspapers. Parliamentary investments committee in their report recommend competition.
2) In 2007,Grain bulk ltd. applies to KPA to extend the monopoly for another 25 years which is rejected by KPA, and KPA board proceeds to resolve that a tender for a 2nd bulk grain facility takes place.This news was greeted with relief as the monopoly operator charges usd 16 per ton while in Egypt for the same type of machinery, the operators charge usd 5 per ton. This comparatively higher handling cost is being passed on to the consumers.
3) After advertisement of the tender, there was surprise to learn of tender cancellation. The reason of 1000 workers losing jobs is a surprise. What the process entails is that the same workers will be carrying out loading manual work at the 2nd facility instead of at the port. This is what the monopoly bulk operator is doing presently as well. So there’s is no issue of job losses. Indeed the Kenya Union of Commercial Food and Allied Workers can attest to this as per attached annex 1. The reason of job losses was merely meant to justify the cancellation. In any case how does one hold millions of Kenyans ransom because of 1000 people? The 2nd facility will in fact create jobs by way of administration staff, technicians, finance staff, drivers, machine operators, technicians, etc similar to the present monopoly operator.
4) The issue of investments by the monopoly holder has presently no basis. It will be recalled that the monopoly holder was given a monopoly for 8 years, during which time he recouped his investment. Having been denied a monopoly extension for another 25years, the monopoly operator now wants to use the investments story. The remaining portion outstanding was after the monopoly operator wanted a further 25 years monopoly that he made a unilateral expansion programme without a binding written KPA commitment to extend the monopoly and now wants to demand a monopoly extension after it had been officially rejected. The majority of the bidders for the 2nd bulk facility have individually indicated that they are not going to demand any protectionism of any kind from the Government as the business is viable and can sustain 2 facilities. Several African countries have 2 or more than 2 operators. Sudan is currently constructing its 3rd grain facility.
5) When vessels arrive, the sole bulk grain operator has on several occasions been unable to cope with the inflow of ships, resulting in huge demurrages which the millers are forced to pass on to consumers. The demurrages range from usd 30,000 to usd 75000 per day! To illustrate, we append a schedule of vessels which were on hold for several days:
SHIPS NAME, SHIPS ARRIVAL DATE, DATE OF COMMENCEMENT OF DISCHARGE, CARGO
WHITE MIST 4/9/2008 7/9/2008 19500M/T MAIZE
ALFA-K 7/9/2008 11/9/2008 28580M/T MAIZE
SPYRO B 11/9/2008 14/9/2008 34000M/T WHEAT
BIANCO VENTURE 19/9/2008 22/9/2008 12000M/T WHEAT
HAWK 24/9/2008 26/9/2008 39000M/T WHEAT
INNES 27/9/2008 7/10/2008 6000M/T MAIZE
AFRICAN PUMA 29/9/2008 NOT COMMENCED DISCHARGE AS AT 7/10 25000M/T MAIZE
KEN GALANT 2/10/2008 " " " " " 41500M/TWHEAT
DISCOVER 2 3/10/2008 " " " " " 16000M/TWHEAT
LIBERTY EAGLE 7/10/2008 " " " " " 43500M/TSORGHUM
DIANA STAR 30/10/2008 10/11/2008 7420 M/T MAIZE
If we take the above schedule and use just an average delay of 3 days multiplied by an average Usd 40,000, multiplied by an exchange rate of ksh 77/= per dollar times the 11 ships is equal to Ksh 101,640,000. This is what is being passed on to Kenyan consumers! Can you imagine the cost? The information above can be independently verified from KPA records, shipping agents, millers and world food programme. In fact the World Food Programme is also complaining due to demurrages as a result of ship delays. They have indicated that the delay is causing them to overshoot their budget in terms of demurrages to owners of ships which means proportionately lesser subsequent relief maize, etc. In effect the monopoly is affecting even the most vulnerable and needy!
LEST WE MOURN BETTER MOBILIZE NOW.
Along the dark corridors of Kenya's State House, President Mwai Kibaki was sworn in for the second term after a flawed election results were announced by the Electoral Commissioner Chairman Samuel Kivuitu. The swearing ceremony was witnessed by the Minister for Justice and Constitutional Affairs Martha Karua, several senior Government officers and Chief Justice Evan Gicheru. These are the people who are supposed to advise the President.
Immediately after the ceremony, the country was thrown into chaos. Approximately 1,500 people died and further 500,000 were displaced in what was 'ethnic cleansing' which was funded and monitored by key politicians and business people. Both ODM and ONU were trading accusations for vote rigging.
Peace was brokered by Kofi Anna between Raila Odinga and Mwai Kibaki in a power sharing deal after intensive pressure from the international community. A commission of inquiry was formed to investigate causes that led to the post election tribal clashes. Justice Waki Report released a month ago mentioned key government officials and ministers who masterminded the slaughter, killings and murder for members of some specific communities. While the ordinary Kenyan was suffering: children thrown in fire, women serially raped, parents being matchetted infront of their children - the three cheif protagonists (Raila, Kibaki and Kalonzo) were sharing power.
The current parliament is trying to stop the implementation of the report because it mentions key personalities in both ODM and PNU. This is what we as Kenyan are opposed to. We don't want immunity extended for criminals. No justice without punishment. No forgiveness wihtout confessions.
Four Pillars: A Drug & Violence Free Kenya Project Petition 2008-2010.
This project provides a template for addressing the drug and violence centered crises afflicting Kenyan society.
In our professional opinion, it is essential that Kenya's anti-drug and anti-violence programs rapidly evolve into effective policy instruments greater than the sum of their parts. Our fear, however, is that, absent the appropriate planning and intervention instruments, such a daunting challenge will continue to go unmet.
Therefore, the Capital Youth Caucus Association and the Democracy Institute designed this project to provide on-the-ground, in-depth assistance and tangible, prescriptive advice to Kenyans and their public officials in the following areas:
·Drug and Crime Prevention
· Harm Reduction
· Law Enforcement
Based upon our considerable public health and research expertise and our grassroots organizational experience, we are confident that our integrated approach is a cost-effective instrument for alleviating drug-related problems. An integrated approach is good for Kenya's legal system, is good for Kenyan law enforcement, and is good for Kenya's public health care system.
The Four Pillars strategy certainly will not resolve all of Kenya's social problems. Even the best program is unlikely to succeed if applied only to one small area of a city. The fact of the matter is that we need anti-drug and anti-violence programs everywhere in Kenya.
At the very least, these programs provide some hope for law-abiding people who want to live in clean, livable, business-friendly neighborhoods. Our Four Pillars strategy is not a panacea but it is a place to start. In our view, that simple statement should form the foundation of any rational, integrated, and compassionate approach to Kenya's drug and violence problems.
Our ability to move forward with this project is conditional upon securing a formal contract to fund this nationwide anti-drug and anti-crime program. Therefore, we respectfully ask that you consider funding the Four Pillars: A Drug & Violence Free Kenya Project for a period of 18 months, during which time we shall clearly demonstrate our ability to affect positively Kenya's respective criminal, drug, and educational crises.
In advance, the Capital Youth Caucus Association and the Democracy Institute are grateful for your support of the Four Pillars: A Drug & Violence Free Kenya Project. Public health policy in Kenya can have a productive future. Thank you for enabling our organizations to play a significant and positive role in that future.
Yours in Solidarity,
Armstrong O'Brian Ongera, Jnr.
Capital Youth Caucus Association(CYCA)
tel. +254 20 2129281
cell(DL): +254 720 594 503