PROVINCIAL ADMINISTRATION AND ITS PLUNDER

Dear All,

When the PSC on constitutional reforms Ruto and Uhuru ganged up to reject a three tier Govt and Kenyans embraced the same. At the Referundum people voted for a devolved two tier Govt devoid of influence from the Provincial Administration, which has been the stool of impunity and national plunder. In fact the Provincial Administration is to conform to the Constitutinal structures.

It is unfortunate to learn that the same Provincial Administration and Police are given the mandate to restructure themsleves. This is unworkable and Kenyans of goodwill should reject it from the onset. Why should we retain the Chiefs with more powers, DOs, DCs and PCs and create super PCs to be incharge of mega zones of impunity and national plunder? These people should be vetted and those of good conduct can be absorbed in general administrative roles since a greater percentage of them are non-professionals and those unfit be retired on public interest.

Those senior police officers who have been operating in doubtful manners from one region to the other should be retired on public interest and be put under very close surveilance for the next 10 years.

Back the Provincial Administration, let us reject the proposal being cooked by a PS and some regional kingpins to make themselves super governors and yet we want to manage ourselves. These perenial tools of oppression and pillage  must be rejected by all Kenyans of good will.

Francis

NYERI COUNTY

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From: wainaina ndungu <wainainagn@yahoo.co.uk>
To: kptj-communications@fahamu.org; mlalahoi@googlegroups.com
Cc: atjn <tjnetwork@aaas.org>
Sent: Fri, September 10, 2010 12:01:23 PM
Subject:

Dear All, Greetings from International Center for Policy and Conflict, ICPC, The New Constitution has created an inbuilt system of cleaning up governance in Kenya through vetting and lustration mechanisms. It stipulates clear procedures, legal and policy mechanisms to be followed while appointing state officers and other public officials as defined in Article 260. This does not just apply to judges and magistrates only but to all sectors of public sphere.  In fact   it is necessary under the Article 35 of the Constitution of Kenya for the Electoral and Boundary Commission to enact  an Election Law demanding that all election candidates in whatever capacity give  information on the following:  Cases, if any, in which the candidate has been accused of any offence punishable with imprisonment for two years or more in a pending case in which charges have been framed by the court;  Cases of conviction for any offence and sentenced to imprisonment for one year or more; and a candidate has to file affidavit  to give information relating to all pending cases in which cognizance has been taken by a Court, his assets and liabilities, educational qualifications, taxation adherence and financial probity.   Further, the process of vetting is required by the Constitution to accord and respect public participation. It is therefore necessary to ensure that the legal framework and procedures being drafted are in tandem with the constitutional requirement failure to which they will be subject of litigation to seek them declared unconstitutional. In order to assist in this process, International Center for Policy and Conflict(ICPC) has done a briefing policy paper on the vetting and lustration to guide the process of drafting the prerequisite enabling legal framework as well setting the procedures and criteria to be followed while conducting vetting. This policy briefing has looked at the Untied Nations Standards of Vetting Public Employees as well the various constitutional provisions. It was reviewed by Njoki Ndung'u, a member of Committee of Experts. She was fully satisfied with its content and recommended it be shared widely to both public and other relevant bodies. To facilitate understanding the broad context under which the vetting is being done in Kenya, ICPC have done a draft basic background review paper of past the Commissions of Inquiry reports and other investigative processes which contain a wealth of information that will be key in vetting process. Majority of these commissions and or special task forces were set up by the Executive, Parliament and or Auditor General. The current debate on vetting is way off the mark. It is informed by the same old thinking, attitude and mentality: Business as usual. Feel free to call or write for any clarification or more information. thank you Ndung'u Wainaina Executive Director International Center for Policy and Conflict P.O.Box 44564 -00100 Nairobi, KENYA Tel: +254 722 425 167 +254 20 247 3042 E-MAIL:wainaina.n@gmail.com            admin@icpcafrica.org Website: www.icpcafrica.org

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