Friday, December 16, 2005

Reform hopes fade in Kibaki's Kenya xnuo

Reform hopes fade in Kibaki's Kenya

By Helen Nyambura

Nairobi - When President Mwai Kibaki was sworn in two years ago, about 200 000 happy Kenyans jeered at outgoing Daniel arap Moi. Some even threw lumps of soil at him.

The brief farewell speech by Moi, one of Africa's last old-style strongmen, was punctuated with shouts of "go away" and "bye bye". It was an act of brazen rudeness by a normally deferential nation which hungered for a new era of reform.

Two years on, hopes of a fresh start free from the sleaze and mismanagement of the Moi era have faded, largely, Kenyans say, because Kibaki has failed to make good on promises to end graft, reform the economy and create 500 000 jobs annually.

'At least the corruption money trickled down to us in those days'
Some joke that Kibaki, a frail 73, has achieved the impossible and made the unloved Moi look good.

"At least the corruption money trickled down to us in those days. Now Kibaki says there should be no corruption but he does not give us jobs," said Ngugi wa Mukami, who runs a small kiosk in the capital Nairobi. "Everyone is crying 'money, money'. Things were better with Moi."

Kibaki pledged zero tolerance of graft in the coffee-growing nation of 30 million to revive foreign investors' confidence and reverse the long decline of East Africa's largest economy.

But former colonial power Britain this year accused the new government of stealing public funds faster than Moi's associates did and said it was perpetuating graft instead of fighting it.

Kenyans wondered what has gone wrong.

'There is no difference between this government and the last'
"Narc's commitment to reform, human rights, and democracy was more rhetorical and hypocritical than real," Makau Mutua, chairperson of Kenya's Human Rights Commission, said of Kibaki's ruling National Rainbow Coalition party.

"Kenya's political elite is largely an eclectic and unsophisticated collage of ethnic barons with no national vision," says Mutua of Kenya's overwhelmingly tribal politics.

Many fear that some of Moi's cronies made an accommodation with the businessmen from Kibaki's central Kenya home region who feature heavily among the new president's associates.

"There is no difference between this government and the last. They are all Moi's people. If they were not, he would be in jail right now," said Samuel Omondi, a cobbler.

"Kibaki just makes his people richer and we get poorer."

Part of the disillusionment has to do with style. Kibaki likes to delegate, is uncomfortable with the trappings of power and hesitates to impose his authority on his ministers.

Kenyans at first relished the contrast with hyper-active Moi, who was a daily feature on news bulletins, hectoring crowds on all topics and travelling the length of the country to promote his conservative, homespun views of the world.

Kenyans also appreciated Kibaki's introduction of free primary school education, fostering of free speech in state media, inquiries into aspects of graft during Moi's rule and a long overdue promotion of Kenya's neglected tourism sector.

"Life is more difficult but at least I am relieved of paying school fees," said Anthony Musembi, a newspaper vendor.

Kibaki's supporters say his delegating habits are wrongly seen as weakness by a population used to autocracy. Critics reply that Kibaki is too indecisive to be an effective reformer.

Kibaki rarely voices his opinion on anything and has been accused of aloofness. MPs from his ruling National Rainbow Coalition often vote against the government in parliament and ministers squabble with each other without fear of dismissal.

Nothing has done more damage to Kibaki than his failure to fulfil plans to change the constitution to trim his own huge powers and set up a premier's post to take some of his duties.

Kibaki supported the post in opposition but has now vowed not to allow another centre of power to exist during his rule. Critics blame venal hangers on.

"Kibaki has surrounded himself with schemers, sycophants, incompetents and yes men drawn mostly from Kikuyu and kindred communities. Unfortunately many of these courtiers cannot think their way out of a paper bag," says Mutua.

The economy remains feeble. Inflation was at 16,6 percent in November versus nine percent a year ago. Kenya attracted $70-million (about R400-million) of foreign investment in 2003, down from $127-million (about R730-million) in 2000.

Alice Wanjiru, a jobless secretary turned fruit hawker, says the current government has left Kenyans a more desperate lot.

"I am not a hawker because I love running away from the council's police officers. There are just no jobs in this country," Wanjiru says.

Reuters

Published on the Web by IOL on 2004-12-30 11:38:20

Now you know why Kibaki needs such a large cabinet - they all vote for him in Parliament - all 83 of them

The Nation (Nairobi)
NEWS
December 15, 2005
Posted to the web December 15, 2005

By David Okwembah, Claire Gatheru, Jeff Otieno, Patrick Nzioka and Sollo Kiragu
Nairobi

Fears were raised yesterday that President Kibaki's new Cabinet could increase the Government's wage bill to the point that it would either bust the Budget or endanger development projects.

With an 85 member team 34 Cabinet ministers and 49 assistant ministers - Mr Kibaki has given Kenya its biggest Government since Independence 43 years ago.

Shadow Finance minister Billow Kerrow said the taxpayer would have to find an extra Sh5 billion to pay for the cost of four new ministries created to woo back MPs from Ford-Kenya and the National Party of Kenya.

This money would have to come either from the existing Budget of around Sh400 billion or be taken from the additional Sh100 billion already earmarked for developments like new roads, hospitals and schools, he said.

His estimate was based on the cost of the ministers' pay and perks, plus providing new offices, recruiting staff and security officers and buying new vehicles for them and their assistants.

Mr Kerrow, the Kanu MP for Mandera Central, added the move was against the published Economic Recovery Strategy of 2003 in which the Government promised to streamline the civil service, including its ministries.

Two ministers defended the size of the new Cabinet, however, adding that the President had the power to name who he wanted in his team and to determine its number.

Ministers Simeon Nyachae and Chirau Ali Mwakwere said separately the Cabinet was expanded to improve its service to the public.

With 83 out of the 222 voting MPs on his side, Mr Kibaki needs to find only a further 29 votes to defeat any motion of no confidence in his Government.

His majority will also ensure Government business is not stalled by a hostile Parliament after he sacked rebel ministers who campaigned against the Draft constitution in the November 21 referendum.

But this cushion for the President comes at a cost.

With ministers pocketing a salary of Sh585,000 a month plus a host of perks that pushes their rewards to more than Sh1 million a month, an average of Sh410 million will be incurred annually on their benefits alone. And to that must be added the cost of the assistant ministers, permanent secretaries and other staff.

The increase of the Cabinet to a record 34 ministries runs counter to the President's own stated position when he was Leader of the Official Opposition between 1997 and 2002. Then he consistently insisted on a Cabinet of no more than 15 ministers.

A critic of a fat government, which had ballooned to 31 Cabinet ministers under President Moi, Mr Kibaki regularly demanded leaner government.

The nation's founding father, Mzee Jomo Kenyatta, maintained a team of only 12 ministers when Kenya became independent in 1963.

The number of his ministers increased to 19 when Kenya became a republic in December 1964.

By the time of his death on August 22, 1978, President Kenyatta still had only 20 Cabinet ministers including the then Attorney-General, Mr Charles Njonjo.

On assuming leadership and after the 1979 General Election, his successor President Moi appointed 26 ministers including Mr Njonjo as the AG.

On his election in 2002, Kenyans expected President Kibaki to live up to his previous words and form a Cabinet of 15 ministers.

However, he started with 26 Cabinet ministers and 30 assistants ... and by the time of dissolving his Cabinet three weeks ago, his Cabinet had risen to 30.

Finance minister David Mwiraria and his permanent secretary Joseph Kinyua were said to be away in meetings and unavailable therefore to comment on the cost of the huge new government structure or whether it would or would not bust the Budget.

That cost, in addition to offices, staff and security, will include perks such as two vehicles for each minister, a car for each PS. Each is also entitled to a Government house in a plush estate and space for their staff.

On top of that, under the newly negotiated medical terms, ministers are entitled to medical cover for at least two spouses and eight children plus responsibility allowance, and travelling and constituency allowances like all the other MPs.

Mr Kerrow at his news conference at Parliament Buildings yesterday said the Economic Recovery Strategy announced by the Government had sought to limit the number of ministers to 15.

He warned that the new appointments were being made to satisfy political needs and not purely on merit.

"Appointments in the civil service have now become political undermining the Public Service Ethics Act which stresses merit," he said.

The MP said the move would be risky for the country at a time when the civil service was supposed to be fair.

Though the Code of Ethics for civil servants required that they uphold integrity, Mr Kerrow said, some would defy it and instead base their allegiance on petty political party interests.

"I foresee some civil servants being demoralised as some appointments will not be based on merit but on political interests," he added.

Ministers involved in scandals had gone scot-free contrary to the code which demanded they be punished.

Narc ministers were wasteful and extravagant, Mr Kerrow added, and none would honour the demands of the code that they be prudent in financial management.

He also asked the Government to investigate all ministers who had been involved in scandals

On the creation of new districts, the shadow finance minister said the Government would have to budget for an extra Sh100 billion to fund the extra 27 district.

Currently, the MP said the Government used Sh400 billion for the 71 districts.

Bribes paid to join Kenya police

Bribes paid to join Kenya police
Kenya has cancelled the just-ended police recruitment drive, after allegations of widespread corruption.

Anti-Corruption Commission head Aaron Ringera said up to 80% of the candidates had either paid bribes or used their connections to get jobs.

He said candidates paid up to 100,000 shillings ($1,400) to be recruited into the police force.

Kenya's president was elected in 2002 on a pledge to fight corruption.

But western diplomats say President Mwai Kibaki has failed to curb bribery.

'Cash in envelopes'

As well as cancelling the recruitment of the 3,000 new officers, Police Commissioner Maj Gen Hussein Ali also suspended about 60 senior officers involved in the drive.

"I will not waver in confronting sleaze or any other crime regardless of who the perpetrators may be," he said.


A stream of law enforcement has been polluted at the source
Aaron Ringera
Anti-Corruption Commission
A recent report by anti-corruption watchdog Transparency International found that the police service is ranked as one of the most corruption institutions in Kenya.

Mr Ringera said he had video evidence of senior police officers openly asking for bribes, which he said would be passed on for possible prosecution.

He also said officers had toured the recruitment centres, pushing for their friends and relatives to be given jobs.

"From the commission's own observations in those centres, the exercise was riddled with outright bribery, canvassing and influence peddling," he said.

"Kenyans cannot expect officers recruited in such a manner to uphold any ethics and integrity in their future careers. A stream of law enforcement has been polluted at the source."

George Simiyu, who tried to get a job with the police, told the Daily Nation newspaper that after undergoing physical tests, he and some others were told to wait.

"We were [then] called into the office one at a time where the recruiting officers asked for a 'letter from your parent'. Some produced such 'letters' and received admission letters. The 'letters from parents' were envelopes containing cash. Those of us without any were told: 'Bye'."

The Daily Nation reports that starting salaries for police officers were recently raised by 115%, to 10,000 shillings ($140) a month.

Have you ever been asked to pay a bribe to get a job? Use the form below to tell us your experiences:

As I was driving in Nairobi earlier this year, a cop stopped me, and claimed my vehicle was extremely dirty (after I had returned from a safari) and asked me for a bribe as I was causing visual pollution. I refused and he became extremely agitated and threatened to take me to jail with a court appearance. I settled for paying two pounds to get out of it.
Alim Karmali, Toronto, Canada

Are you kidding? Corruption is tightly interwoven in socio-political landscape. It is now accepted as a little vice to a "greater" virtue. You just can't win. Corruption is a state sanctioned "institution" and the little guy just plays by the "rules."
Moses Kibara, Boston, USA

While I have never paid a bribe in Kenya, I do acknowledge that bribery is rampant in Kenya's public institutions. Due to high levels of unemployment, people are desperate to do anything to get a job. But why can't the police recruit the many unemployed university graduates in the street and pay them good salaries. What is $140 in a country where you need more than $10 to feed one person per day and you have not paid for a house? The police salary increment was cosmetic. More than four police families share single room housing. These have been known to lower morals among members of the force in a country ravaged with Aids.
Jasper Motanya, Fort Leonard Wood, USA

Corruption in the Kenyan police force has been going on for years. It's not an extraordinary thing at all. I remember when I first tested to get my Kenyan driver's licence I had to pay a bribe in order to pass the test. Students testing with no money to bribe were failed instantly and asked to go home heartbroken and frustrated. Furthermore if you had 'connections' you would only drive a few blocks and return with an approval for a licence. With no bribe money you would be asked to dive very long distances and in very intimidating conditions. Imagine never having that experience of driving-it's like throwing someone in a lion's den and after all that failing the test because you do not have the right 'connections'! It's a man eat man type of situation but you learn to adjust and move on.
Musondo Maalum, Nairobi, Kenya

Having lived in Kenya for most of my life, I believe the problem of corruption has just gotten worse. This whole 'transparent' anti-corruption drive has only succeeded in driving the bribery underground. Where the police used to ask for about £2 as a bribe, I was recently asked to pay up to £40! It is ridiculous and as you can see from the article it's obviously being engineered from grass-root levels!
Samiya Gaid, London, UK

This has been the normal trend in Kenya for years; I remember bribing police men at the age of 15 for driving with no driver's licence. Whenever I land at the airport, all immigration officers and police men assume I have to bribe then to get into Kenya when all my documents are in order. But on the other hand, these policemen are supposed to support families with only Kshl 10,000 when cabinet ministers are receiving monthly salaries plus benefits worth Ksh1 000,000. I do not condone bribery, but I understand.
Yassin Gure, Washington DC

This is not unique to Kenya. In Cameroon, you have to settle the policemen when they stop your car. I have seen drivers on many different occasions giving bribes to policemen. On my way to the airport, when I was leaving the country, our car was stopped a number of times and we had to settle. The police officer to check me at the airport out rightly told me "give me money, you are going abroad, it shows you are rich". This attitude is unacceptable and must stop.
Eric, Dallas USA

I lived and worked in Kenya for many years and can only say that it is indeed in a league of its own when it comes to corruption. This evil is deeply entrenched within Kenyan society and when the very people who are entrusted to curb it are corrupt themselves, then one cannot see an end to this vice. This is an even more monumental task as it has to be tackled right through the political establishment with a total "clean up" from top to bottom. We can only hope that one day the political will actually comes into existence and tough actions are taken for the greater good of the majority of hard working Kenyans.
Jagdip Singh, London, UK

I had first hand experience of this last summer when I visited friends and family in Kenya. On my way back driving to the airport, we were stopped by the police at a road block on the highway. They could not find anything wrong, so they looked at the back seat passenger and my brother did not have his on. Instead of a normal ticket, he asked for £10, but he kept asking for a tickets, and he let us off with £1. This is normal for Kenya.
Suraj, Leicester, UK

It is a well know fact that the police in Kenya are corrupt. Over the years the problems has got worse. If such scandals start from recruitment, what hope is there for any of these young policeman to ever uphold the rule of law? Unfortunately the poor man on the streets has to pay for all the bribes after the recruits are trained and released on the street to harass and collect bribes from the common people on the streets. Kenyans have to rid this evil for future generations.
Mohammed Chaudry, Stavanger, Norway

Name
Your E-mail address
Town & Country
Comments

Monday, December 12, 2005

World Bank says Kenya Telkom should be privatised and govt should step up war on corruption

Sh30bn loan hangs in balance

Story by JUMA NAMLOLA
Publication Date: 12/12/2005

Kenya risks being denied a Sh30 billion World Bank loan unless it fulfils tough conditions it agreed to in the next seven months, the Nation has learnt.

The bank’s country director, Mr Colin Bruce, yesterday said the Government would be denied the loan unless it meets the conditions which include privatising Telkom Kenya and stepping up the war on corruption.

"We have agreed with the Kenyan Government on a number of issues which we feel have to be resolved before we approve the loan," he said.

Mr Bruce told journalists in Mombasa that the World Bank is closely monitoring what Kenya will be doing to meet the terms between now and June 2006, before it decides whether to approve the loan or not.

The official was speaking at the Kenya Girl Guides Association training camp in Shanzu when he opened the first regional workshop for Girl Guides.

He said: "The onus is now on Kenya to keep her word on the agreement.

According to him, "the Government has been dragging its feet on the privatisation of the giant telecommunication corporation since the process started in April 2000."

Mr Bruce also said that the fight against corruption was taking a snail's pace despite the formation of the Kenya Anti-Corruption Commission .

A recent report released by Transparency International-Kenya showed that politicians and the Kenya Police Force were still extremely corrupt. Yet, these were some of the problems the World Bank wants tackled, Mr Bruce said.

"The new Cabinet must now get down to business and put up urgent policies that will stamp out the rampant corruption from the Government. They should begin by taking action against all public officials implicated in corruption," said Mr Bruce.

The bank also expects the Government to hasten the restructuring of banks and clamp down on money laundering by June next year.

"We also want the Government to improve its financial management systems and strengthen the National Aids Control Council which has previously been riddled with corrupt administrators," he said.

A lot of time was being spent in political battles rather than in dealing with important issues such as the performance of the economy, he said.

"Instead of public bickering, political leaders should address the core issues affecting Kenyans of which graft is one. It is unfortunate that corruption has become a way of life in this country," he said.

The Government had committed itself to implement the agreed terms by the end of the set period. But if the conditions are not fulfilled by that time, "then we will reconsider our position, the official said.

Sunday, December 11, 2005

Fw: Elections coming?

----- Original Message -----
Sent: Sunday, December 11, 2005 9:47 PM
Subject: Elections coming?

According to today's Daily Nation (Sunday Nov 11th), President Kibaki would not survive a vote of confidence in Parliament if the vote was held today. Parliament needs a simple majority of just 112 MPs of the 221 MPs to pass a no confidence vote.
The Nation's best guess is that Kibaki has 99 supporters in Parliament, the Opposition has 101 votes, and 21 MPs are undecided.
So it looks like there will be a vote of no confidence and then general elections within three months when Parliament returns in March.

According to the existing Kenya constitution of 1963 :
If the National Assembly passes a resolution which is supported by the votes of a majority of all the members of the Assembly (excluding the ex officio members), and of which not less than seven days' notice has been given in accordance with the standing orders of the Assembly, declaring that it has no confidence in the Government of Kenya, and the President does not within three days of the passing of that resolution either resign from his office or dissolve Parliament, Parliament shall stand dissolved on the fourth day following the day on which that resolution was passed.
Whenever Parliament is dissolved, an election of a President shall be held at the ensuing general election, and at that election-
(a) each political party taking part in the general election shall nominate one candidate for President in such manner as may be prescribed by or under an Act Parliament;

Friday, December 09, 2005

Rifts plunge new Kenyan govt into early crisis

 Rifts plunge new Kenyan govt into early crisis
Thu Dec 8, 2005 2:42 PM ET

By Wangui Kanina and David Mageria

NAIROBI (Reuters) - Kenyan President Mwai Kibaki's bid to boost his flagging administration foundered on Thursday as two senior politicians rejected cabinet posts, saying he had ignored the lessons of a stinging referendum defeat.

Musikari Kombo and Orwa Ojodeh rejected the local government and environment jobs respectively. Charity Ngilu was undecided about taking up health, saying she needed to consult colleagues.

Seventeen politicians offered assistant minister jobs also refused, some of them within an hour of the new line-up being announced by Kibaki on television on Wednesday evening.

If more of Kibaki's chosen ministers refuse to serve in his team, they may have the numbers to call and win a no-confidence vote in parliament, forcing him to call a snap election.

The next elections in east Africa's biggest economy, where presidential and parliamentary polls are held simultaneously, are not due until 2007.

The shilling slipped in reaction to the political disarray, to 73.60 to the dollar, down from 73.30 on Wednesday.

"President Kibaki is quickly losing the moral authority to govern Kenya," Kenya Human Rights Commission chairman Makau Mutua told Reuters.

"It is inconceivable that a president could be humiliated in this fundamental way by his appointees, and retain the moral authority to govern a country."

Kibaki, 74, took office in late 2002 with a coalition government which united most of the major political and tribal alignments to end 39 years of rule by the Kenya African National Union (KANU) party of former President Daniel arap Moi.

But he sacked his previous cabinet on November 23 to regain the political initiative after a referendum rejected a new constitution which entrenched the powers of the president.

His new cabinet surprised many by omitting a group of former cabinet dissidents, in effect marking the death of the coalition that brought Kibaki to power.

"There is no coalition. There is no government of national unity. I can say that the cabinet that has been appointed is of recycled individuals from the archives," Najib Balala, the former minister for National Heritage, told Reuters.

MINORITY GOVERNMENT

Nobel Peace laureate Wangari Maathai appealed to Kibaki to postpone the cabinet's swearing in, set for Friday, to allow time for the new team to settle its internal differences.

"If you listen to all the ministers who declined to take their posts, the reason they are giving is the president failed to consult with their parties before making his appointment. It's very important for leaders to be consulted," she said.

Analysts said Kibaki's refusal to reappoint the dissidents to the cabinet was a punishment for their instrumental role in ensuring his humiliating defeat in the referendum.

But far from sidelining the rebels, Kibaki's exclusion of them is likely to spur more opposition to his rule, experts say.

"For the first time in our history, Kenya has a minority government and a minority president. In no democratic country have the losers been rewarded and the winners completely sidelined," said David Musila, chairman of the Liberal Democratic Party, a coalition partner in the previous cabinet.

Ojodeh declined the job of environment minister, saying Kibaki had favored his Kikuyu tribe at the expense of others.

Kombo, a former local government minister who backed Kibaki in the referendum, said his FORD-Kenya party felt short-changed and would take no positions in the cabinet as a result.

Ngilu said she could not bear to watch as politicians tore the nation apart on tribal lines. "It will be very, very difficult indeed as government to deliver services when there is so much hostility inside and outside government," she said.

William Ruto, secretary-general of KANU, the main opposition party, urged Kibaki to hold elections. "We do not believe the country should be subject to anxiety or suspense," he said.

(Additional reporting by Katie Nguyen, Guled Mohamed and George Obulutsa)