Beyond Compliance

Kenya's past Rulership was infested with jiggers, generated from infectious
seed of tribal corruption that which became chronic within some politicians. These
politicians developed a Touch Me Not Immuned Syndrome and so they assumed
that Kenyans will continue to make a political endless "Sing Song" without remedial.

Donor funds have been mismanaged and misappropriated for unscrupulous political
and personal projects. Public Properties have been managed and sold as private and
personal effects and Citizens Security compromised. The public needs to know and be
empowered to take necessary action against their Economic Development biggest enemy.

The enshrined innuendos of great divide, compeled a framework for National
Action embodied in Grand Coalition Government expected TO SAVE KENYA FROM CORRUPT RULERSHIP AND MISMANAGEMENTS FROM UNCARING and selfish POLITICIANS. The misappropriation of public funds, diverting social policy by omission or commission and the engagement of corrupt Public Officials who encourages corrupt dealings must be censored because they stand to face serious legal offence charges requiring prosecution by law.

Those proved to have stolen or embezzled Public Money must face consequences that go along way jurisprudence measures squarely. A process which will curtail, expose and highlight corruption as an actpunishable by law. A sounding warning to those relying on cushioning graft and whose aim is to stay and remain in power at the cost of tax-payers money will now be forced to change tactics by providing Leadership Program of Challenges and Opportunities.

This is because these actions create a situation of loss of livelihood and social
displacements where it distortes markets for Citizens, discourages Foreign Direct
Investors in greater volume and expands poverty into deeper pit.

The Grand Coalition Government must therefore be taken to task so that they
should complete the Constitution within one year. In the event of not doing that,
they will be denying Kenyan Nationals Rights to live responsibly. The Grand
Coalition Government should deliver to Civil Society a genuine and non-partisan
information package for constitutional reform for good governance and the
provision for transparency mechanism that guard against corruption
and graft.

Kenyans have been treated to titanic demonic Rule of fear and intimidations.
Twist and turns and casualties of tribal and ethnic cleansings. Massacres of
never ending tribal ethnicity, animosity and hostility in countryside uprisings.
Notable continuous blatant killings and mayhems is everywhere in the country.
These scenarios are characterized with crafty schemes of swaying and
manipulative of ideas; schemes after schemes by the interested parties a case
that requires to be put to end. There is too much power in the Constitution
windows that provided for lopsy Government effectiveness, which also
provides for too much immunity to the Presidency as is the current constitution.

Lastly, a fair comprehensive Civic Education is therefore extremely important
starting from the grass-roots. These should be carried out by the NGOs
Faith Based (Churches & other Religious Organizations) and other
Corporates and Non-Governmental Agencies.

Let us therefore together condemn the injustices and nail this Titanic
Demon that has ripped off the Kenya fabric of survival by bringing
culprits to book, in the event, we can lookforward to Good Governance
for value which is beyond compliance.

Sincerely,

Judy Miriga
USA


Exhibit A
Commonwealth warns countries on breaking law
Definition of Governance, Good Governance and a Proposed Framework for Good GovernanceGovernance is the exercise of political, economic and administrative authority to manage a nation's affairs. It is the complex mechanisms, processes, relationships and institutions through which citizens and groups articulate their interests, exercise their rights and obligations and mediate their differences. Governance encompasses every institutions and organization in the society, from the family to the state and embraces all methods - good and bad - that societies use to distribute power and manage public resources and problems. Good governance is therefore a subset of governance, wherein public resources and problems are managed effectively, efficiently and in response to critical needs of society. Effective democratic forms of governance rely on public participation, accountability and transparency

Its aim is to help promote collaborations between NGOs throughout the world, so that together we can more effectively partner with the United Nations and each other to create a more peaceful, just, equitable and sustainable world for this and future generations.

A broad conceptual framework for good governance, whether in political or economic decision-making includes six components:1. Leaders/Decision makersSince women often lack access to the traditional sources of knowledge, capacity-building and experience (mentoring) that generate men leaders, leadership training is especially important for women. This is especially the case in relation to economic decision-making, where women tend to believe -sometimes mistakenly - that male leaders are better equipped with technical understanding of the relevant issues. 2. Constituencies: Active and empowered constituencies must be aware of and able to exercise their basic human rights, as well as sufficiently informed about issues and supported by access to relevant information in order to develop a clear agenda.3. An Agenda: Women's leadership has sometimes been unfocused and support from the constituency lacking because of the lack of an agreed agenda on which both can focus. This is a particular gap for economic governance, where both women leaders and the women's constituency often feel that they lack technical understanding of the issues.4. Institutions: The institutions of governance must be generally open to public scrutiny and subject to accountability through a democratic political system.5. Information:"Good" decisions can only be made if both decision makers and their constituencies have access and are able to make appropriate use of "good" information.6. Accountability Processes:Institutionalized monitoring and accountability mechanisms enable constituencies to hold their leaders and Government to account.From another point of View: UNDP work on GovernanceGovernance can be seen as the exercise of economic, political and administrative authority to manage a country's affairs at all levels. It comprises the mechanisms, processes and institutions through which citizens and groups articulate their interests, exercise their legal rights, meet their obligations and mediate their differences.Good governance is, among other things, participatory, transparent and accountable. It is also effective and equitable, and promotes the rule of law fairly. Good governance ensures that the voices of the poorest and the most vulnerable are heard in decision-making over the allocation of development resources, and that political, social and economic priorities are based on broad consensus among the three stakeholders the state, private sector and civil society. All three stakeholders are critical for sustaininghuman development: the state creates a conducive political and legal environment; theprivate sector generates jobs and income; and civil society facilitates political and social interaction. With the advent of globalization and the integration of economies, the state's task is also to find a balance between taking advantage of emerging market opportunities and providing a secure and stable social and economic environment domestically. UNDP identifies nine core characteristics covering eight key urban issues which measure good governance.Core characteristics of good governance 1) ParticipationAll men and women should have a voice in decision-making, either directly or through legitimate intermediate institutions that represent their interests. Such broad participation is built on freedom of association and speech, as well as capacities to participate constructively2) Rule of law Legal frameworks should be fair and enforced impartially, particularly the laws onhuman rights3) Transparency Transparency is built on the free flow of information. Processes, institutions and information are directly accessible to those concerned with them, and enough information is provided to understand and monitor them 4) ResponsivenessInstitutions and processes try to serve all stakeholders5) Consensus orientation Good governance mediates differing interests to reach a broad consensus on what is in the best interest of the group and, where possible, on policies and procedures 6) EquityAll men and women have opportunities to improve or maintain their well-being 7) Effectiveness and efficiency Processes and institutions produce results that meet needs while making the best use of resources8) Accountability Decision- makers in government, the private sector and civil society organisations are accountable to the public, as well as to institutional stakeholders. This accountability differs depending on the organisation and whether the decision is internal or external to an organization 9) Strategic visionLeaders and the public have a broad and long-term perspective on good governance and human development, along with a sense of what is needed for such development. There is also an understanding of the historical, cultural and social complexities in which that perspective is groundedEngendering Economic GovernanceDecision-makersEconomic decision-makers must be aware of the need for, and have the technical capacity to incorporate, a gender perspective into policy and programme analysis. The National Women's Machinery and women in politics must be able to participate effectively in dialogues and debates on economic policy.Active and empowered constituencies must be created and strengthened among women (and men) to advocate and demand accountability from government and political leaders at the national and international levels for the impact of macroeconomic policy on women.In a globalized world, linkages need to be built and/or strengthened between national and regional NGOs working on women in politics, women in media and women's human rights and those working on women and trade and women and macroeconomic policy issuesThe women's economic agenda must be generally understood by leaders and constituencies. Other actors, particularly key government economic agencies and international economic institutions, must also understand and accept the general validity of the conceptual basis of the women's economic agenda.The institutions of economic governance must be engendered through advocacy and their active involvement in capacity building under the programAppropriate data - sex-disaggregated data and gender statistics on the differential impact of macroeconomic policies on women and men, particularly in agriculture, especially unpaid farm work and within the informal sector, especially home-based work, sub-contracted homework and street vending. It should also include data on women's and men's differential contributions to the care economy through domestic work, childcare, family care and community activities.Exhibit B

Rich-poor divide a threat to economic growth
Published on 11/07/2008
By Benson Kathuri
The widening gap between the rich and the poor is a threat to the realisation of Vision 2030 economic strategy, the World Bank has said.
The Bank, which has supported economic development for decades, warns that unless the issue is addressed urgently, the seven per cent economic growth rate recorded last year was unsustainable.
It says inequality has risen in the last decade and was hampering poverty reduction efforts, especially in western Kenya and the Rift Valley.
A report launched by the Bank in Nairobi on Wednesday showed that 17 million people live below the poverty line and often sleep hungry.
"Despite the economic recovery, the economy is not yet at a stage of development where higher or even recently achieved growth rates — around six per cent per year can be safely assumed," said the report.
"Serious bottlenecks to investment, and thus to growth, continue. The Government has not managed to make a major dent in the problem of corruption," it said.
Last year, the economy recorded seven per cent growth, but is projected to grow by 4.5 per cent this year due to the impact of the post-election violence that rocked the country early this year.
Youth are unemployed
World Bank acting country director, Mr Sanjivi Rajasingham, said the Government must address the growing inequality that poses a serious threat to economic development. "Such imbalances create tensions and conflicts and derail development," he said during the launch of report, Kenya: Accelerating and Sustaining Inclusive Growth.
"Kenya’s experience underlines that economic growth is not sustainable if there are serious inequalities."
low earnings
The Bank said 72 per cent of the youth are unemployed, while 60 per cent of those employed, especially in the informal and agricultural sector, are working poor due to low earnings.
The Bank said the Government must maintain a stable business environment and ensure that the Grand Coalition Government remained intact in order to reduce political risk.
"The sources of political risk or instability are many. These include uncertainty over the course of future policy, corruption and the importance of political connections to do business," said the report.
Rajasingham said the Bank would use the report to develop the country assistance strategy that will guide its participation in the implementation of Vision 2030.
On Wednesday the Bank said the country needs to lower political risk, maintain macro-economic stability, reduce business costs and export more to rich nations if it is to achieve high economic growth.
The Sh2.393 trillion economy targets annual growth of 10 per cent in the next five years in order to meet its goal of being a newly-industrialised country by 2030.

Exhibit C

Meeting Millenium Development Goals
By Purity Kago
KENYA is one of four pilot African countries chosen
undertake a comprehensive assessment of the cou
level needs for achieving the Millennium Developme
Goals (MDGs) recently launched.
The government hopes to eradicate extreme pover
hunger, achieve universal primary education, prom
gender equality and empower women, reduce child
mortality, improve maternal health, combat HIV/AI
malaria and other diseases, ensure environmental
sustainability and develop a Global partnership for
Development.
The report makes an assessment of Kenya’s perfor
in relation to each of the eight MDGs, identifies whe
problems are, analyses what needs to be done to r
the problems and offers concrete proposals actions
accelerate progress towards achieving the goals.
The process further offer an opportunity for govern
consolidate the results of several years of costing o
programme work and also move to new frontiers in
account their associated costs.
Vice-President Moody Awori during the launch note
the road towards achieving the MDGs can only be r
by strengthening the partnerships between the dev
and developing countries adding that a lot of suppo
needed to achieve these goals by year 2015.
The Minister for Planning and Development, Prof An
Nyong’o reiterated that, apart from the education g
possibly HIV/AIDS, and at the current pace of deve
with limited resources, Kenya may not meet most o
goals by 2015 due to inadequate resources
Poverty remains a major impediment to fulfilment o
needs of Kenyans, especially women and children,
has greatly undermined the government’s effort to
the pressing needs in such critical sectors as prima
health care, nutrition and basic education.
It is reported that the proportion of Kenyans living
the poverty line is on the increase with the urban
population accounting for the highest proportion of
increment. Poor governance, corruption , and suffic
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of public resources still remain critical barriers to the
achievement of the national targets of poverty reduction.
The government in realisation of the MDGs should invest in
agricultural production and access to food storage facilities
improving post-harvest receipt system to encourage
agricultural production.
The NARC government’s policy of free and compulsory
primary education will substantially contribute to meeting
the MDGs goal of universal access to primary education by
the year 2015.
However the education sector is faced with many
challenges including, finance, lack of adequate teachers,
insufficient learning facilities among others that may
hinder the government in achieving this goal. Inadequate
provision of education to children with disabilities owing to
the weak identification and assessment mechanisms also
pose a great challenge to the government that need to be
addressed if universal education is to benefit all Kenyans.
The third MDG goal is to promote gender equality and
empowerment of women. But in a country where violation
of women rights, domestic violence and sexual violence is
rampart, the government has a long way to go in fighting
this vice that is deep rooted in our societies.
Thus if this is to be achieved, Kenyans need to be
sensitized on the importance of educating girls and giving
them equal chance with their male counterparts in all area
and encouraging the election of women to leadership
positions.
In the area of health and nutrition, there has been a
general decline in the provision of health and services.
However the Minister for Health Charity Ngilu said that 56
per cent of the population live below the poverty line,
meaning they cannot afford basic services including health.
The health indicators in Kenya have been declining over
the last two decades. The Kenya Demographic and Health
Survey further confirm this and unless drastic actions are
taken Kenya is unlikely to achieve the MDGs.
The achievement on other goals heavily depend on the
attainment of health, they are: reduction of child mortality,
improve maternal health, combat HIV/AIDS, malaria and
other diseases.
To reduce child mortality, programmes that address the
main causes of infant and child mortality should be
reinforced with particular emphasis on post- neonatal
mortality diseases like diarrhoea, and malaria. There is
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need to improve access and quality of maternal and
child-care services and put in place an effective referral
system. Training and updates for health workers and
Traditional Birth attendants is required to enhance
essential obstetric care.
Biodiversity and environment have to be adequately
addressed. Environmental degradation is also related to
rural poverty that leads to over exploitation of natural
resources. If the MDG goal number seven is to achieved,
the government should protect biological diversity and
restore the forest cover.
There is urgent need to put in place properly directed
pro-poor natural resources conservation program in a
manner that ensures sustainability of livelihoods and
ecosystem management.
Developing a global partnership for development, the
government should develop an open rule based
predictable, non-discriminatory trading and financial
system to encourage more investors and donors. This
include a commitment to good governance, development,
and poverty reduction.
Although the government has shown it’s commitment in
eradicating corruption, mismanagement of national
resources among other ills, there is a need for more
political will and practical action to root out these vices.
It should work together with development partners and
stakeholders to create awareness and promote MDGs
vision in the country. With determination and commitment
of all stakeholders these goals can be achieved.
Other Editorials
Copyright © 2003 Kenya Times Media Trust,All rights reserved.
Exhibit D

National NewsCivil group accuses Ali of arroganceUpdated on: Monday, July 14, 2008 Story by: By Daniel Luseno ....................................................................................................................................................................................
POLICE Commissioner Hussein Ali has been criticised by International Centre for Policy and Conflict (ICPC) for allegedly being “arrogant, dismissive and lethargic to criticism”. The group claims the force has been using excessive brutality against citizens.
The ICPC has also demanded a substantive statement from Prime Minister Raila Odinga and Internal Security Minister Prof George Saitoti on the matter. Ndung’u Wainaina, the Executive Director of ICPC, says police have been curtailing the citizens’ civil liberties and freedoms. “The situation has been deteriorating by day with police coming out as ruthless, mean and brutal institution headed by a Police Commissioner.
He is careless about public displeasure, perceptions and expressions about police acts of brutality, regime policing and absurdly limiting the enjoyment of the fundamental human rights to freedom of assembly, expression and association,” he said. Wanainaina said the actions by police clawed back the tenets of democracy achieved over the years. He says police conduct has no place in a functioning democracy.
In a press statement, ICPC also took issue with Attorney-General Amos Wako whom it accused of being “curiously silent, unconcerned and allowed police brutality to continue unabated.
He said since the run-up of November 2005 referendum,police brutality and limitation of the civil liberties, constitutional rights and human rights of the Kenyans have been deteriorating. “Ali has suspended constitution with impunity while President Mwai Kibaki has turned blind eye to this barbaric and unacceptable action,” the statement said.