THE ASSUMPTION OF THE OFFICE OF THE GOVERNOR BILL 2016

 

The Assumption of The Office of The Governor Bill 2016 was a brainchild of Kiambu Senator Paul Kimani Wamatangi. The Bill provides the procedure and ceremony for the assumption of the office of the Governor by a Governor-elect. With necessary modifications, it will also apply to the assumption of the Office of the Governor by a Deputy Governor or the Speaker of the County Assembly.
Kimani Wamatangi- Kiambu Senator
The memorandum of the bill says there is presently no legal framework governing the assumption of the office of the Governor.
The defunct Transition Authority supervised the assumption into office by the current governors.
Key Aspects of the Assumption of The Office of The Governor Bill 2016
Establishment of Assumption of the Office of Governor Committee.
This shall be an ad hoc (special) committee. It shall consist of—
  • the County Secretary who shall be the chairperson;
  • the County Attorney;
  • the Chief Officer in the department responsible for matters relating to the county public service;
  • Chief Officer in the department responsible for matters relating to information and communication;
  • the Chief Officer in the department responsible for matters relating to finance;
  • Chief Officer in the department responsible for matters relating to public works, roads and transport;
  • the County Commissioner;
  • the head of the National Police Service in the county.
  • the head of the National Intelligence Service in the county;
  • the Clerk of the county assembly;
  • two persons nominated by the Governor-elect;
Functions of the Assumption of the Office of Governor Committee.
The functions of the committee shall be to—
  • facilitate the handing over process by the outgoing Governor to the Governor-elect; organize for the security of the Governor-elect;
  • organize for the necessary facilities and personnel for the Governor-elect;
  • co-ordinate the briefings of the Governor-elect by relevant county public officers; facilitate communication between the outgoing Governor and the Governor-elect; prepare the programme and organize for the swearing-in ceremony; carry out any other activity necessary for the performance of its functions under the Assumption of The Office of The Governor Bill 2016; and perform any other function assigned to it under any other written law. Arrangements for Assumption of Office by the Governor-Elect
The Assumption of The Office of The Governor Bill 2016 stipulates that the committee shall ensure the Governor-elect and Deputy Governor-elect are accorded adequate security. This is after IEBC declares the final results for the election of the office of the governor. The committee shall assist the Governor-elect to make the necessary preparations for purposes of assuming office.
In carrying out the above preparations, the Governor-elect may request, in writing, for any information they deem necessary from a county public officer. The county public officer should provide the information within reasonable time.
A county public officer who fails to comply with this request commits an offence. They are liable, on conviction, to a fine not exceeding 300,000 shillings or to imprisonment for a term not exceeding one year, or to both.
Swearing-in Ceremony for the Governor-elect
The swearing-in of the Governor-elect shall occur in a public ceremony before the resident High Court Judge. In the absence of the resident High Court Judge, the resident Chief Magistrate may officiate the ceremony.
The Governor-elect shall be sworn-in on the first Tuesday following the twenty-first day after the declaration of the result of the election of county governor. That is, the first Tuesday after 21 days since the IEBC declared the governor as having won the elections.
The Governor-elect shall, during the swearing-in ceremony, take and subscribe to the oath or affirmation of office. The oath or affirmation shall take place not earlier than 10.00 am and not later than 2.00 pm.
Upon taking or subscribing to the oath or affirmation, the Governor shall sign a certificate of inauguration in the presence of the resident High Court Judge. Alternatively, in the absence of the resident High Court Judge, in the presence of the resident Chief Magistrate.
The Governor shall give an inauguration speech to the county once the Deputy Governor is sworn in.
Amendments to the County Governments Act
The Assumption of The Office of The Governor Bill 2016 repeals the following provisions of the County
Governments Act —
  • section 30 (1);
  • section 32 (1); and
  • the oath of office for the governor/ deputy governor as contained in the First Schedule.
Section 30 (1) deals with the powers of the County Governor and Section 32 (1) on the oath of the deputy governor. The Schedule of the Assumption of The Office of The Governor Bill 2016 provides for the oath of the Deputy Governor.
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DEVOLUTION ON TRIAL: A CASE STUDY OF ISIOLO COUNTY

 

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By Salad Malicha Guyo

@msaladus

For the first time in the history of Kenya, the public is keen in participating in policy and legislative development as well as holding leaders accountable as opposed to the past where citizens were mere recipients of laws and Isiolo County Government is not an exception to this. Unlike the past when Isiolo was County was both inaccessible and rife with banditry, the road to the Isiolo, through picturesque Mt. Kenya, is a joy to experience. As for safety, the County trumps most of Kenya and one can traverse the entire expanse of the County without a worry. Secondly, the people of Isiolo are extremely hospitable. They share from their obvious material paucity with humbling abandon. Nonetheless, Isiolo County is in dire need of proper governance and capacity building in legislative development which continues to derail all functions at the county level

DEVOLUTION ON THE ROPE IN ISIOLO COUNTY

Reality of Isiolo County Governance is tossing out spontaneous unexpected scenario. It will certainly shift in the way we relate to each other and do business of politics in Isiolo County. Quality leadership matters. Isiolo County Government team is effectively suffering under burden of untried political leadership. People expect their lives to leap forward, social relations to improve and negative politics disposed. The team opposing current leadership made one point clear. Dread. Fear –it is horror, run away.

There is now more confusion than light, disorder at County Offices, deceit on past relations, lack of information and growing elusion. Things were not going in the right direction from onset, early intervention was sabotaged; and justice crawled in the woods
Isiolo County government is real theatre of absurd; Management by chaos, pressure on establishment and strain to the limit of governance and social structures. Everything seems to work through a chaotic process and behind schedule. People’s expectation and dreams were shuttered. Tribe, Clan or Sub clans’ talks are the order of the day. Court sanctions, Court injunctions are daily affairs.

Isiolo the County Assembly which is mandated to do oversight on the executive, representation of people and making of County Bills have performed miserably due to persistent political patronage by the Executive arm of the county government. The buck stops with the measure of wisdom and ingenuity of the County leadership.
The County leadership hides and influence the public views behind curtain, ethics and social relations flow through resistant mode and manipulations. Change becomes slow and invisible. Any shifts that happens break lose rapidly and become erratic event.

Governance institutions often respond in single rigid way, leaders expose weaker side of human face, new rules are set to enhance exclusion, transformation path is obstructed, unmanageable stress become order of the day, social order is exposed to series of crisis that open path to conflict and violence. The pressure on system and structures break down. New path open to scare-free for all. Disorder and stalemate takes centre stage. This grossly prejudices the ability of officers to deliver on their responsibilities. Even more worrying for past two years, the assembly had only passed one Bill (Isiolo County Appropriation Act). The County Assembly however, managed to make trips to inter alia Japan and the Emirates.

Another worry was the low expenditure on development by the county. In the last published report by the Controller of Budget, the entire resources in the county were spent on recurrent expenditure, with no monies going to development. There are structural challenges that counties generally encounter on expending on development but we would have expected Isiolo, being a county in so much need of development, to seek innovative avenues for absorbing development expenditures. This has happened in counties like Bomet, which during the same season had expended 41 per cent of their revenue on development!

The other worrying thing in the county was the continuation of the marginalization discourse. Despite the county being the second highest recipient of revenue per capita, the citizens and indeed some leaders still engage in marginalization narrative with the same vigor as that prior to devolution. Granted, Isiolo has been marginalized for long and even ten years of devolution will not erase the impact of marginalization. But the cure for marginalization must start with the county using the funds it has been allocated innovatively and prudently.

Whereas, it is unforgivable for any county, or indeed the national government to spend the bulk of its resources on wasteful expenditure, for needy and previously marginalized Counties like Isiolo, to waste this rare opportunity to erase the injustices of the past through waste is almost criminal.

Finally; the minimal investment in education in this county leaves a lot to be desired. Granted, education is a function of the national government. The county government must however look for more ways to raise the education standards of Isiolo if this county is to emerge from its dark past, bottom line. Devolution has presented an opportunity for Kenya to correct its past misdeeds, if the new leadership of the counties does not exploit these opportunities and instead invest their time in unnecessary drama and showbiz, it will be the worst betrayal of a desperate public.

CURRENT STATUS AT PLAY IN ISIOLO COUNTY

  • There is a need for an extensive community awareness and participation to usher in county government and resort city project through stakeholders sharing ideas, views and setting common goals.
  • Isiolo county has an economic potential but was ranked as among the worst towns to do business in and its time that stakeholders come together to identify the core problem hindering business growth, enterprise development and why investors are shying away.
  • The roles of different sectors in promoting economic growth especially those that facilitate the growth of dependent sectors are not well defined and are not up to task to pave way for economic empowerment of local people.
  • There is a missing link between community, public sectors, Non- governmental organization and corporate sectors to collaborate and spearhead common agenda for development and growth.
  • There is lack information among small business owners that resulted to many people closing their businesses after few months, therefore there is need for relevant sectors to provide training on enterprise management, micro-finance initiatives to help them grow.
  • Isiolo town need strategic business hub oriented strategic plan to promote missing business diversity among the business community.

MALFEASANCE AND FINANCIAL IMPROPRIETY

  • Kshs 62 Million was given to Isiolo County Government by the Transition Authority from April-June, 2013 which was meant for the establishment of County government offices. The fund was grossly misused without any due tendering process hence flouting Public Procurement procedures (Public Procurement and Disposal Act, 2013.
  • Arbitrary hiring or leasing of private vehicles by the Governor and the Deputy governor from their close ally in the name of one Abdi Viazi at the rate of Kshs 25,000 per day after election till to date. The Deputy Governor hires his own vehicle; Nissan Navara double cabin at the rate of Kshs 10,000 per day.
  • Refurbishment of County offices furniture through donation from the Turkish Government via their Kenyan Embassy but information from reliable sources had it that County money was used to pay for the same donated items which can be found on the website of Turkish Embassy.

GREY AREAS IN THE SAID FULLY PAID PROJECTS (FINANCIAL YEAR 2013/2014)

  1. Murraming of roads within Isiolo town was single sourced by the Executive for Finance who happens to be sister in-law to the deputy Governor at a whopping Kshs 20 million to Shibli Construction Company owned by the family of Deputy Governor. This project was never advertised, no procurement procedures was adhered to and it was over inflated.
  2. Proposed hydrological studies was not advertised, there was no public awareness & participation if it all it was carried out. The report of the alleged studies was never shared out to the members of the Public. The cost of the said studies was Kshs 6,972,000
  3. Malka-daka Mogore road was done at a cost Kshs. 200,000. This road is located in Isiolo South Constituency and does not require any upgrading. It was properly murramed previously through Isiolo South Constituency Development Fund kitty before 2013 General election. This project was never advertised and it was done through single sourcing. The cost of the project was extremely over-inflated
  4. Installation of KVA stand by Generator was done at a cost of Kshs 6,897,000. Just like other projects, it was never advertised and proper procurement procedures was never followed.
  5. Handling of area for fisheries was done at a cost of Kshs 751,622. This project was never advertised, procurement procedures was never adhered to and it had no sustainable impact on the lives of the people.
  6. Renovation of Livestock Marketing Departmentwas done at a cost of 650,000. It was never advertised and no procurement procedures was followed.
  7. Murraming of drive way and park area at the County office was done at a cost of Kshs 675,000.It was never advertised. Interestingly, it the County office yard was carpeted at an unknown amount.
  8. Consultancy for Environmental Impact Assessment was done at a cost of 4,184,700 Million. There was no advert, no competitive bidding, no citizen participation and the alleged concluded report was never released to the public.
  9. Award the improvement of Isiolo township car parking bays at a cost of Kshs 19,380,109 Million.This project was single sourced and it was given to the cronies of the Governor. The job was shoddily done by cowboy contractors.
  10. 8 Second hand tractors with plough (Kshs, 30, 000,000 Million) and 5 ambulances(Kshs 29,667,000) The said tractors and ambulances were donated to the Isiolo county government by USAID and UNDP and a colossal sum of money was withdrawn from the county exchequer for purchase of the same donated items. To date those tractors have not been utilized and are at the parking yard of the County government offices. All the ambulances have broken down.
  11. Kshs 121 Million meant for famine relief was approved by the County Assembly. The tender was single sourced and it was awarded to the famous crony of the Governor called Abdi Viazi who is the owner of Wajir Vegetable Ltd. The shocking thing is, out of the Kshs 121 Million, 30 Million was given to elected County representatives to buy and distribute food to drought stricken wards. Several parts of the County wards did not get the said food items. Much worse, from the 30 Million, it was alleged that the County representatives and the suppliers looted it. 91 million was pocketed by the Governor in connivance with the rogue supplier. Information from reliable sources intimated that the Governor used the same money to impeach the Speaker by buying some of the County Reps.
  12. Purchase of Medical drugs at a cost of12,000,000 Million. This is absolutely outrageous!!! There was no advertisement and there are no drugs in all the health facilities in the County. In fact Medical Superintendent of Isiolo General Hospital resigned due to frustration (Dr. Al Amin). As we speak, there are no supplies of food to the in-patients.
  13. Purchase of certified crop seeds was done at a cost of 5,000,000. Million Interestingly, the naïve and ignorant people of Isiolo County have never had of this project, therefore this was a white elephant project.
  14. Purchase of Veterinaries supplies was done at a cost of Kshs 4,000,000 Million. This was once again like all other projects, it was never advertised, no competitive bidding and the resilient pastoralists have never seen this supplies!!!!!!!!!

OTHER PROJECTS

  1. Town Public Park at a cost of 31,513,862 Million. It is located opposite Jamia masjid (Mosque) along Isiolo –Nairobi road was also single sourced and awarded to one Abdi Viazi, who is a crony of the Governor.
  2. The solar powered street lighting project was a donation from a non-state actor but a proxy company was single sourced by the Executive. It was allegedly allocated Kshs 120 Million from the County government coffer for the said projects. The project was single sourced. People have christened the street lights as lamp posts because it emits light like that of a candle. County government spends a whopping 5, 00,000 paid to security guards in the name of protecting of the said street lights. As we are speaking most of those street lights are not working.
  3. The recurrent expenditure for fuel is arbitrarily given to private and personal cars without official approval by the designed authority.
  4. Kshs 46 Million was withdrawn from the County Government exchequer for bribing some Members of the County Assembly to impeach the Speaker. The scheme was hatched and crafted by the Governor and supported by both Senators (Elected Nominated)
  5. Kshs 12 Million was withdrawn on 30th June, 2014 in the name of legal fees for the lawyer representing the Governor. 10 Million Was later reverted to the Governor from the lawyers account through proxies hence the flow of that money necessitated investigation by the Ethics and Ant-Corruption Commission
  6. Within a period of a year the Governor has enriched himself and acquired several properties registered under the name of his close families including his father in-law of his first wife. These properties include;
    • Gadhisa Hotel-(74 Million)
    • Lavish house in Lavington
    • Nursing Home in Tullu Roba, Isiolo
    • Luxury house in Nanyuki for his second wife whom he married mid last year- call it devolved families!!!!!
  7. All the Executive Committee attend workshop organized by N.G.O’s and Government and they are paid night out allowances and per-diem by both Government and Non-state actors
  8. Kshs 800 Million Equalization fund meant for road projects in the entire County was grossly misappropriated by the Executive for roads in connivance with Governor. Further investigations need to be pursued in relations to their bank accounts and also close relatives
  9. Saud Arabia and Qatar governments are said to have partnered with the Isiolo governments on various projects. This donation has never been disclosed to people of Isiolo County contrary toCounty Government Act, 2013, Section 87 (a-g) on Citizen Participation.
  10. Fencing of perimeter wall of Isiolo General Hospital which was financed by German Government through the defunct Ministry of Medical Services (Prof. Anyang’ Nyongó was the Minister). The project again, like all other contracts was single sourced and given to politically correct contractor. The same projects was financed by the County Government again
  11. The outstanding imprests by members of the Executive which is unaccounted is huge. This was also reflected in the Auditors General’s report
  12. Kshs 8.4 Million was spent during Isiolo county’s anniversary celebration without the approval of the County Assembly
  13. County Assembly representatives were allocated Kshs 750,000 for the 10 wards in the name of staff salary for the year ending June, 2014 which contravenes Public Finance Management Act, 2010. To date none of the wards have working staffs and offices.
  14. On numerous occasions some Members of the County Assembly were bribed to bring statements and motions to the Assembly in favour of the Executive. Such fraud trickster approach has always been bank rolled by the Governor.
  15. Over payment of sitting allowances above the normal ceilings as set by Salaries and Remunerations Commissions.
  16. Unnecessary trips by the entire Members of the County Assembly to Dubai where each of them were given Kshs 500,000. The trip had no value to the mandate and activities of the Assembly whether in terms of oversight or parliamentary practice. Two (Charri & Garbatulla Ward) of the county Representatives never went for the trips but they were also given the said amount.
  17. The Governor rarely comes to the office and as such some pundits call him absentee Governor or ‘MH370’ (missing Malaysian plane). Most of the time he spends working hours in Shamz Hotel (owned by his chief campaigner; Abdi Viazi), Sarova Hotel, Ashnil, Simba Lodge and Laico regency in Nairobi. All these, at the expense of taxpayers’ money.
  18. In the month of May (2014) the Governor paraded a group of women to sing for him some political songs in praise of his mediocrity leadership. Their bill was also footed by taxpayers’ money. Is he copying the scripts from the late Iddi Amin or Gaddafi?
  19. Several ghost workers are employed arbitrarily by the Governor, particularly from his clan hence ballooning the wage bill of the County
  20. Handpicking of individual contractors who happen to be his cronies( Wajir Vegetable Ltd & Baretu Construction Company) or political foot soldiers without meritocracy or following proper procurement procedures
  21. County Government money is badly misused for fundraising, Harrambees and weddings to those who supported the said Governor.
  22. The County Executive and the Assembly is embroiled in myriads of litigations which has extremely hampered the delivery of much required services by the people of Isiolo County.
  23. A section of the County Assembly Members allied to the Governor snubbed the Speaker, made their own make-shift Mace made of wood and without substantive staff purportedly approved the supplementary budget which was declined by the Controller of Budget and subsequently injuncted by through the Court. To date, the supplementary Budget has neither not been approved legally by the Assembly.
  24. As things stands the Governor has proved to be crafty, slippery, cunning and indecisive. The last resort to this ugly scenario is to petition the President to dissolve the County. Seemingly, being a Jubilee County the government is not keen on taking Makueni way

ABUSE OF OFFICE

The Isiolo County Government logo is illegal. It was designed and used without the approval of the County Assembly which contravenes County Governments Act, 2012- County symbols.

  1. (1), (a,b,c)

(2) The County Executive shall develop the symbols of the county through a consultative process for approval by the county assembly by legislation.

(3) The county legislation enacted under subsection (1) shall provide for the use of the county symbols in the same manner as provided for in the National Flag, Emblems and Names Act (Cap. 99).

(4) A county symbol shall not be the same as, or bear a likeness or similarity to a National symbol.

  1. Blatant misuse of County vehicles by the Executives to attend to personal matters and entertainment spots beyond working hours, public holidays and weekends. More so they drive themselves. In certain instances convoy of County Government vehicles are used to ferry people as far as 300Kms to grace the weddings of Governors kinsmen with full security detail accompanying Governor’s wife, the best example was on 24/4/2014 in Garbatulla.
  2. Hiring of Mediocre personnel (drivers) from the Governor’s clan while the Ministry ones are left idle with no work to do
  3. Skewed Appointment without following due process of law: The Constitution of Kenya stipulates: Article 179. (1) The executive authority of the county is vested in, and
    exercised by, a county executive committee. (2) The county executive committee consists of—
    (a) the county governor and the deputy county governor; and
    (b) members appointed by the county governor, with the approval of the assembly, from among persons who are not members of the assembly.
    (3) The number of members appointed under clause (2) (b) shall not exceed—(a) one-third of the number of members of the county assembly, if the assembly has less than thirty members; or (b) ten, if the assembly has thirty or more members.
    (4) The county governor and the deputy county governor are the chief executive and deputy chief executive of the county, respectively.
    Was Article 179, clause 3 (a) and (b) followed?
    County Governments Act, No 17 of 2012
    Appointment of county executive members
    (1) The governor shall, when nominating members of the executive committee—
    (a) ensure that to the fullest extent possible, the composition of the executive committee reflects the community and cultural diversity of the county; and
    (b) take into account the principles of affirmative action as provided for in the Constitution.
    (2) The county assembly shall not approve nominations for appointment to the executive committee that do not take into account—
    (a) not more than two thirds of either gender;
    (b) representation of the minorities, marginalized groups and
    communities; and
    (c) community and cultural diversity within the county.
    (3) A person may be appointed as a member of the county executive committee if that person—
    (a) is a Kenyan citizen;
    (b) is a holder of at least a first degree from a university recognized in Kenya;
    (c) satisfies the requirements of Chapter Six of the Constitution; and
    (d) has knowledge, experience and a distinguished career of not less than five years in the field relevant to the portfolio of the department to which the person is being appointed.
    (4) A member of the county executive committee shall not hold any other State or public office.
    Was Section 35 of the County Government Acts followed to the letter?

CONCLUSION

All the actions above breaches the Constitution of Kenya and the relevant statutes!

Chapter 11 of the Constitution, Transition to Devolved Governments Act, 2012, County Government Act, 2012, Public Finance Management Act, 2012, Transition County Appropriation Act, 2013, Intergovernmental Relations Act, (No, 2 of 2013) and Public Procurement and Disposal Act, 2013

PETITION ON BRUTAL MURDER OF YOUTHFUL IBRAHIM MOHAMED HUKA BY GSU OFFICER IN ISIOLO ON 20/05/2017

                                       21/05/2017

Macharia Njeru,
The Chairman,
The Independent Policing Oversight Authority,
1st Ngong Avenue, ACK Garden Annex, 2nd floor,
P.O. Box 23035 – 00100
NAIROBI.
E-mail: info@ipoa.go.ke

Dear Sir,

RE: BRUTAL MURDER OF YOUTHFUL IBRAHIM MOHAMED HUKA BY GSU OFFICER IN ISIOLO ON 20/05/2017

I am kindly petitioning your esteemed instutition regarding the above emotive subject which is not only inhumane but also a beastly act on the part of the security officer meted against an unarmed and innocent 21-year-old man who has not committed any unlawful acts. Ibrahim was shot dead during a peaceful political procession along the Marsabit – Garba Tulla junction in Isiolo town on Saturday at 4.30 PM by General Service Unit officer who had gone to clear the road so that they may proceed with their Journey.

Supporters of a Jubilee Party team who were on a peaceful roadshow candidly reported that the officer aimed and shot at the deceased as he was running for his life. Among prominent personalities who witnessed the incidents include Isiolo County gubernatorial candidate on jubilee tickets; Hon. Abdul Bahari, Isiolo North Member of Parliament Hon. Joseph Samal, Senatorial aspirant Mohammed Liban, Woman Representative aspirant Rehema Jaldesa and Isiolo South Aspirant Abduba Molu.

The deceased was rushed to Isiolo County Referral Hospital which was a few kilometres away from the scene of crime. Isiolo Medical Superintendent Stephen Kiluva confirmed that the man was already dead upon arrival. Detectives who visited Isiolo County Referral Hospital reported that the man was shot in the head. It was also reported that the political leaders and other stakeholders had earlier raised a complaint to security officers specifically to Isiolo County Commissioner George Natembeya on a plot by their rivals to disrupt their rally and they did seek security for their supporters and that of opponents as well. However, their plight to the County security boss fell on deaf ears. The broader picture here is one of utter impunity and our fear is that the pattern of extrajudicial killings will only worsen with such trigger-happy police officers supervised by compromised security bosses.

The action and complacency on the part of the officers outrightly infringes on many basic rights and freedoms protected in Kenya’s constitution and international human rights law, time is now for the Kenyan security organs to focus on how Kenyan security agencies have for long violated human rights with impunity and discipline such rogue officers especially during this season of electioneering.

Moreover, the Kenyan Constitution, upholds both repealed and present, which included or includes the right to life, the prohibition of torture, inhuman and degrading treatment, the right to a remedy, the right to security of the person and the right to effective remedy, among other provisions.

The Kenyan laws which includes; the Police Act, the Criminal Procedure Code, the International Crimes Act, and various other acts governing the police and policing, among others are clear and well stated.

In addition to that, the International treaties to which Kenya is a party, including the International Covenant on Civil and Political Rights, the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment, the African Charter on Human and Peoples’ Rights, the Rome Statute of the International Criminal Court, and the Treaty of the East African Community buttresses the existing homeland security laws.

The Nuremburg Trials forever redefined the course of history. That never again shall any man violate the dignity of others without accountability. Men in uniform who wield the comparative advantage of power and instruments of State over their people can no longer abuse such positions without recourse in law.

In this regard, we are demanding thorough investigations into this heinous killing and prosecute those who are responsible and establish a special team within the Department of Public Prosecutions to ensure that investigations and prosecutions are credible and independent. We want severe action to be taken against this heartless officer within the next 24 hours.

Yours Sincerely,

CONCERNED ISIOLO RESIDENT

Copied to;

Keriako Tobiko ESQ, LLB(Hons), Nbi. Dip. Law (KSL), LLM
(CANTAB), FCCS,
Director of Public Prosecutions,
NSSF Building, Block ‘A’ 19th Floor,
P.O Box 30701- 00100,
NAIROBI.
Mobile: 0723202880/0787880580
Hon. Prof. Githu Muigai- EGH, SC
Attorney General,
Office of the Attorney General and the Department of Justice,
Sheria House, Harambee House,
P.O. Box 40112-00100,
NAIROBI.
E-mail: info@ag.go.ke
Maj. Gen. Joseph Nkaissery, EGH
Cabinet Secretary,
Ministry of Interior & Cordination
of National Government,
Harambee House, Harambee Avenue,
P.O Box 30510-00100,
NAIROBI.
Chairman,
Johnstone Kavuludi,
National Police Service Commission
P.O Box 47363 – 00100
Sky Parkplaza,5th Floor, Westlands,
NAIROBI.
Francis Muhoro Ndegwa,
Director,
Directorate of Criminal Investigations
P.O. Box 30036 – 00100 Nairobi
Mazingira Hse,Kiambu Road.
Opp. Forestry Department Headquarters, Karura
Tel +254 020 3343312.
The Chief Executive Officer,
Kenya National Commission on Human Rights,
Ist Floor, CVS Plaza, Lenana Road,
P.O Box 74359-00200,
NAIROBI.
Phone: +254 20 2717900/020-2717908/073380000/0724256448
The Chief Executive Officer,
Kenya Human Rights Commission,
Gitanga Road opp. Valley Arcade Shopping Center,
P.O Box 41079-00100,
NAIROBI
Phone +254-20 2044545 +254 20 2106763,
Mobile +254-722-264497 +254-733-629034
The Chairman,
National Cohesion and Integration Commission,
KMA Centre, 6th Floor, Mara Rd, Upper Hill,
P.O. Box 7055-00100,
NAIROBI.
Tel- +254-020-2585702/3/1
                               

OPEN LETTER TO ISIOLO COUNTY COMMISSIONER MR. GEORGE NATEMBEYA REGARDING HIS SHOOT-TO-KILL ORDERS

George Natembeya-Isiolo County Commissioner

The attention of the Independent medico-Legal Unit (IMLU) has been drawn to a statement you are said to have issued during a peace meeting in Isiolo on Thursday 12th November 2015 authorizing shoot-to kill-orders against anyone found carrying firearms.

This order, in your view would contribute to curb general insecurity and cattle rustling in Isiolo County. Whereas we condemn crime in all its manifestations, and appreciate you efforts in enhancing public safety and security, it is our considered opinion that your orders are in total disregard of the Constitution of Kenya and the law and will only contribute to aggravating insecurity.

We wish to unequivocally express our dismay at this order that is not only a license for extrajudicial executions but also militates against the rules of natural justice, where one is assumed innocent until proven guilty through a competent judicial process. In addressing crime and insecurity the law has to be safeguarded and such an order is an outright affront to the provision of article 26 of the Constitution on the right to life and an unacceptable violation of the National Police Service Act 2011.

We’d wish to bring to your attention the provisions of the sixth schedule of the National Police Service Act 2011 that sets out the rules and procedures on use of force and firearms by police officers. The law is categorical that force and firearms will only be used where less extreme means are inadequate; ostensibly to protect life and for self-defence. As such, blanket shoot-to-kill orders from anyone must be treated with the contempt they deserve. Any directive contrary to the set legal guidelines must be considered void ab initio. We remain ready to discuss with your good office the possibility of supporting the establishment of the County Policing Authority in Isiolo County with a view to putting in place a more sustainable approach to public safety and security in the county.

We highly value and recognize the critical role played by the National Police Service in fostering public safety and security and it is our considered view that intelligence policing should be strengthened to avert criminal activities not only in Isiolo county but the entire country. Shoot-tokill directives are a thing of the past and should not be replacements to an integrated community driven security agenda for this country.

It is for this reason that we demand that you denounces this directive in order to allay public fears and reassure residents of Isiolo County and Kenyans in general of your commitment to safeguarding the Constitution and the rule of law. We at the same time urge police officers to ignore Mr. Natembeya’s orders and continue serving Kenyans within the ambits of the law.

We appeal to the Director of Public Prosecutions to investigate these utterances with a view to instituting proceedings against Mr. Natembeya.

Signed: Peter Kiama,


Executive director

Independent Medico-Legal Unit

DOYO IS ALLERGIC TO BORANTITI

DOYO? BORANTITI?

By Zizama Duba

(Unedited scripts)

Hawayuni Isiolo People. Nagaa fayya qabthu? Bokale yarobe, Sorr qobatani? Waqi robb qufaa nagaa nutochina.

It is my hope and prayer that this finds you all, in good health!

JUBILEE PARTY PRIMARIES NIGHTMARE

Now that Jubilee primaries  is around the corner, it’s giving us yet another time to rate our current leadership in order to make an informed decision. Let’s begin by analysing the current  regime so that it aid us all in making decision.

As you are all aware, in 2013, the sitting Isiolo County Boss  rode solely on Borana support across the clan divide and clinched the gubernatorial seat. He was voted in to champion the development of Isiolo County and raise the living standards of its  residents. Today, let’s delve into assessment of his regime, regime that has killed the hopes of the poor! The regime that has been on looting spree since its inception, the regime in which Isiolo County went to its lowest ebb! The only county government that has nothing in its name ever since it came into being!

 

We will start by highlighting a few of his sins as we can’t fit them all into one post, because it will take us forever to pen every misdeed of the incumbent.

Immediately Doyo occupied the governor’s office, he threw in the dustbin his elections pledges and embarked on a journey that proved disastrous to our county.

Sad as it is, it has come to our attention that for the last few days, to be precise, ever since Kuti declared his candidature, County mandarins are trying to hoodwink Isiolo residents that they should vote for Doyo under the guise of Borantiti, we Must pen truth about doyo’s lack of an iota of borantiti! Truth are always put into perspective because it is truth, it neither has something to do with killing doyo’ s chance of re-election nor being about supporting election of his opponents! It is about truth and speaking truth is an act of ibada, Islamically.

 

CABINET APPOINTMENTS

When Doyo selected his cabinet, in Borana community he chose people from only three clans: Warjidda, Sakuye and Karayu. He in essence thought  that the rest of the Borana clans are either not Borana enough to hold bigger positions or are inconsequential in that they don’t have the numbers to worry him in 2017 elections.

To make the matters worse, his appointments were based on cronyism rather than merit, in most cases. Within his cabinet, he made sure that the appointed Borana sons would not hold otherwise crucial dockets like finance, Health etc. This negates County Government Act

To add insult to the injury, Doyo blocked employment of competent Borana sons and daughters which was done by Isiolo County Public Service Board.

They include:

 1. Abdinassir Ali -Chief Finance Officer

     2. Salad Kikuyu-Head of Supply Chain

     3. Halima Ibrahim- Head of Revenue

     4.Roba Qanchora- Head of Treasury

     5.Hussein Wako Gedho- Director Land, Survey and planning

We were all  hopeful that the  new team would put in place efficient system that would be accountable to the people of Isiolo . There were hopes that they would put in place a  system that would guarantee collection of local revenue and introduce tougher curbs to stop insider dealing that has brought down our county. However, the hope did not last! Doyo and other county Mandarins wouldn’t allow ‘Outsiders‘ to come in and bring to an end the culture of looting that has become norm.

 

OTHER APPOINTMENTS 

One of the silent crucial positions that has come with Devolved  Governance  is position of Directors! In county like Marsabit, the sitting governor appointed his kinsmen to this position because it’s one of ‘big’ positions that its terms are permanent and pensionable while clueless governor Doyo is yet to fill Borana people into the position. The few  appointed to the position do not have appointment letters, hence, their term shall end in April, in less than two weeks time as their boss becomes former Governor.

E.C.D.E TEACHERS AND NURSES 

After reality downed on him that he got nothing to showcase plus fear of the ECDE teachers and ‘health docket workers’ wrath Doyo for the last few weeks has been jumping up and down, He met the ECDE TEACHERS and still looking for very many nurses he denied opportunity with the promise of giving them permanent jobs!

One would wonder, whether that ECDE teacher would want his/her salary which has not been paid for several months or would believe in (what in Borana dialect is called ‘rarag‘) verbal improvement of work terms to permanent and pensionable.

 

Mind you, we have not talked about the very many Borana youths employed as Nutritionist, Health workers etc by the same county Government that believes that white color jobs are not meant for Borana, who were later sacked citing allegations that employment process were done illegally, some workers lacked certificate etc. Mark you, some were never paid for the few months they worked.

 

MANAGEMENT  OF COUNTY FUNDS

Doyo embarked on embezzlement of county funds immediately he assumed office. He bought Storeys abound of properties in Isiolo, Nakuru  and Nairobi amongst other places, through proxies. Of course with funds meant for providing basic amenities and services to the people of Isiolo. The perennial Modo Gashe and Basa water problems, the poor state of Health sector, the poor state of our roads to name but a few are testaments to the diversion of funds meant for these services to his and his few  cronies pockets.

Poor school facility

With the billions of funds at his disposal, there is no single health facility, no single ECD classroom, no anything, in the name of current regime, the few millions of CDF managed by Bahari and Kuti have done wonders if the Doyo regime is anything compare with!As such, Today, as we head to nominations, people should wisely  choose between Hon. Bahari and Senator Kuti.

 

 

 

 

 

 

AWARDING OF TENDERS 

This is probably Doyo’s greatest undoing. His only beneficiaries are  group of shrewd and notoriously corrupt business men who partner with corrupt leaders to award themselves tenders, grab land and anything valuable that is meant for the public which are in control of the corrupt leaders. Doyo went neck deep into this sinful and despicable partnership that robbed the residents of Isiolo off the right to these resources meant for their development.

He sidelined  Borana people in  awarding of tenders. With many of this team being people from Mandera. The unholy partnership culminated into him declaring that he is a member of Birkaya clan of Garri Tribe from Mandera. He in so doing, denounced his Warjidda kinship and Borana kinship at large.

People like former Isiolo South Legislature Hon Abdul Bahari Ali have made at least  one or two Borana millionaires in every centres, while with the billions, Doyo has not made even a single Uso Harito Millionaire, no wonder Uso Harito have dumped  him for The ever absentee Kuti.

Zizama Duba (photo-above) writes on Social & Political issues. You can reach him via (zizashkumi@gmail.com)

SEN. BILLOW KERROW’S FURY

By Senator Billow Kerrow (Mandera County)

I travelled out of the country today and have learn’t that police had arrested three MCAs in Mandera this morning in relation to the recent brawl in the County Assembly over the Supplementary Budget rejection. Their action is misplaced, and deserves to be condemned. It is also biased as the arrests involved those MCAs opposed to the Governor, and amounts to intimidation and harassment for snubbing the embattled Mandera Governor. Worse still, it undermines the independence of the Assembly; police have no business harassing the members whose conduct is usually addressed through the Powers & Privileges Act, and their Standing Orders. The perception among ordinary folks in the County is that the police action was instigated by the Governor, and this is bad for their image. Police should leave the MCAs to do their work. Rather than focus on the MCAs, they should act on the report of the Auditor General, Controller of Budget and other institutions that reveal the massive theft of funds in the county government, and arrest the County Government looters. The plunder of funds is blatant, and is common knowledge. Arrest the thieves, not the those fighting them! As members of EFP, we stand by the MCAs and urge them to reject the Supplementary Budget and any motion aimed at raising money for campaigns, and outright theft. They should stand firm in the exercise of their mandate and reject intimidation by the security agencies. The Governor and his cohorts must be ashamed of their incessant attempts to divert resources under the guise of drought intervention, rather than account for the billions approved in the current budget. Shame on you! #EFPLAUNCH

DOYO SUPERVISED OVER IMPUNITY AND INSTITUTIONALISED CULTURE OF CORRUPTION SINCE 2013

 

 

PART III

By Salad Malicha

 

  • Maternal deaths has been hitting the ceiling every other day where we lose our babies and mothers. Currently the mortality rate/ maternal deaths stand at 700 deaths per 100,000 live births annually more than any other county in the Republic. The lame duck guy in the name of Governor has been playing with the lives of our people. He is a reckless mortal being who is indifferent to human lives. He is clueless on matters of governance and management. A staggering Ksh 840Million has been allocated to health care and they have nothing to show to the world. It has been established that Doyo’s spouse has opened a desk office in the Hospital for siphoning funds under the guise of beyond “Kafura Campaign” which was previously ‘beyond zero campaign”, a noble idea hatched by the First lady, Her Excellency Margaret Uhuru Kenyatta.

 

  • Garbatulla theatre was built by CDF (2011/2012) in collaboration with Japanese Red Cross and the same Doyo (who is good at opening and taking credits for donor funded projects) opened it last year and up to now it is not operational and absolutely dysfunctional. Just recently Kenya Red Cross purchased and donated a generator after a responsible Isiolo resident who subscribes to a lobby movement of the people by people and for the people dubbed FOB made a plea to the esteemed organisation. I convey my special gratitude to the Kenya Red Cross for quick intervention.

  • Merti theatre was built by the National government and equipped by UNFPA. The same miserable fellow ostensibly opened the very same theatre on 22nd October, 2016 and it was closed down the same day because it was a public relation gimmick project as his sole intention was not to launch the theatre but to counter the unstoppable hurricane FOB function in Merti.

 

  • Kinna theatre was a donor funded built by UNFPA in conjunction with CDF (2011/2012). Since then it has not been operational due to lack of basic essentials but strange as it maybe the shell structure was inaugurated by Doyo’s spouse. Up to now the said theatre is neither operational nor up and about.

 

  • Currently as I go on air, all the ambulances are permanently grounded including the state-of-the art one donated by NHIF courtesy of Hon. Bahari (Former MP, Isiolo South Constituency)  the only one purchased by DANIDA is overwhelmed with series of mechanical problems and soon it will also break down as it is misused to carry onions and potatoes. It was only recently that Kenya Red Cross donated two ambulances for the Isiolo County.
  • It was irony of the year that a rickety and jalopy “Tuktuk ambulance” donated by UNICEF emblazoned on it Isiolo County Government to take care of maternal health care is not operational as it is permanently parked under a tree. Interestingly, the “Tuktuk ambulance” assembled in China was distributed to Sericho and Bassa areas which is deeply sandy and muddy terrain. Without any benefit of doubt, “a substantial amount of money has been withdrawn from the County coffer that they bought the said “Tuktuk ambulance”.  As a matter of fact, a friend intimated to me that this could be one of the most sophisticated state-of-the art automobile which can even fly at higher nautical miles and at different altitudes.

 

 

  • Doyo and his bunch of CEC’s and CO’s won’t feel anything even if all our mothers and babies die because they have insatiable appetite for money meant for the poor and peasants- call it devolved poverty! This guy and his petty bourgeoisie can have moral authority to spend a whopping Kshs 40 Million drawn in form of impresst by the quack procurement officer with forged papers and took the cash in sacks to Merti in order to buy people’s loyalty who have not yet reaped the fruit of devolution. These fellows are nothing but just beasts on looting spree. That staggering amount withdrawn from taxpayers’ will purchase 4 fully equipped ambulances. This is a classical case of “man-eat-man society”
  • Doyo has the audacity to spend more than Kshs 2 million to hire a chopper from Isiolo to Ngaremara not knowing that amount can construct a fully equipped dispensary in Ngaremara and much worse he borrowed 18M from Langata Member of Parliament aspirant; Ahmed Papa on behalf of the peasants of Isiolo County. Doyo has misused Kshs 200 million to repair his house not knowing that amount can construct and fully equip 10 health centres countywide and also construct sufficient staff houses.
  • Isiolo County and Referral Hospital lacks basic drugs, medical equipment and other health care services. Money meant for mentally ill-patients has been stolen to an extent the poor patients fled the hospital and invaded villages in the neighbourhood due to lack of food in the Hospital. Mark you, Kshs 840M has been allocated to the Health sector. Doyo has no feelings at all. It’s inhumane. They are busy looting and misusing the public funds while the poor are languishing without health care which is enshrined in the Bill of Rights of the Constitution. Strangely they complain that they don’t have money for drugs, ambulances and other essentials.
  • The entire Sericho Division and it’s environ has no water because all the machines have broken down, the same case in Garbatulla and Kinna. The CEC for water does not hail from Isiolo but from Mandera. Will he feel anything even if all our people and our animals perish to oblivion??? Your guess is as good as mine. This is because we elected the untested Doyo who will relocate to Australia once he is defeated in the coming polls which is imminent. Isiolo County Referral Hospital is like “a waiting bay” for Kirua Hospital in Meru County.

 

  • Why is he dishing out two powerful Ministries (Finance & Health) to one individual as if there is no one capable of handling these dockets in the entire County? Doyo is behaving like this and still wants to be re- elected when he has destroyed the moral fabric of society and expect the people of Isiolo County to re-elect him again?
  • Doyo with all his ignorance and naivety branded official government cars with Jubilee Party colours to hoodwink the public that he is a Jubilee nominee and yet we know that there is a serious disconnects between Doyo and the party headquarters.  This is blatant misuse of public resources to enhance his dwindling political ambition which is outright violation of Election Act.
  • Godana Doyo duped and fooled the public that his wobbling administration has initiated KMTC College which does not exist. He secretly converted Merti Muslim Bus which was donated by former President Kibaki and branded it as the “college bus” purchased by Isiolo County Government. His dirty scheme was intervened by the charismatic County Commissioner, George Natembeya who confiscated the key and put it under his custody. The said college is not there unless it was built in outer space.
  • Just to remind members of the public Article 235 of the Constitution empowers the counties to establish offices and employ individuals performing functions allocated to them as stipulated in the Fourth Schedule.

 

  • Godana Doyo and his errand boys do not have any iota of commitments to fight corruption but they have rather perfected the art of pillaging tax payers’ funds.