12 Reasons Why Kenya’s National Convention Executive Council Says YES

Kenya Constitution DraftThe National Convention Executive Council (NCEC) endorses the ratification of the Proposed Constitution by the people of Kenya at the Referendum. The Proposed constitution secures the Sovereignty of the People instead of the sovereignty of the government. It shall entrench the Supremacy of the Constitution instead of the supremacy of Parliament. The expanded Bill of rights shall finally secure the principle of the Indivisibility and inalienability of rights and freedoms. Kenyans now have the basis of building a democracy where the dignity of every citizen shall be the center piece of government policy. This shall fundamentally alter the basis of state policy and budgeting in Kenya and it shall greatly deal with inequalities that exist in Kenya today.

Popular Participation shall be secured with the enhanced platforms of people’s participation in governance including stronger political parties, better representation of the people and the avenues of legislation. Further, National Values and Goals have been articulated to offer the standards against which to regulate the behaviour of all citizens and public officials alike. It is difficult to understand how we have survived under the old constitution that we are about to get rid of!

The Separation of Powers between the Judiciary, the legislature and the executive shall ensure that rights are protected, justice delivered, opportunities and security enhanced for all Kenyans.

The introduction of vertical and horizontal Checks and Balances especially with the entrenchment of key constitutional commissions shall greatly give Kenyans value for money and check impunity and facilitate a new culture of governance under a more clean, lean, effective, accountable and responsive government because the sanctions for violations of the rules shall be severe. This is the secret to ensuring the upholding the rule of law. For example administrative units in Kenya could not have been increased in total disregard of the Provinces and Districts Act (1992) as we saw the Moi and Kibaki administration do.

The elaborate provision for the Diversity and Inclusivity of all Kenyans by recognizing our ethnic, regional, religious, gender and even intergenerational diversities is a major pillar towards building a more cohesive, united, tolerant, proud and peaceful nation.

The principle of Equity is the hall mark of this Proposed Constitution and NCEC encourages Kenyans to see the great opportunities that this new constitution shall present in unlocking the great opportunities and potential within the nation. The public finance and public service chapters of the PC shall enhance equity in a significant manner. The National revenue commission and the principles guiding budgeting shall offer Kenya a major platform for embracing the value of equity and justice. The needs of Kenyans shall be responded to in a meaningful manner.

The provision of the principle of Devolution is remarkable. Kenya shall now witness a vibrant nation in all the constituencies since resources have been significantly devolved and the creation of county governments with meaningful powers shall greatly enable every Kenyan to participate in creating a productive state and a fair socio-economic system. The fact that regions have not been provided is academic since it is not clear what has been missed now that Kenyans rejected the regions.

The vetting of all senior civil servants, the provision of cabinet ministers to be appointed from outside parliament and the securing of the independence of public services from excessive politicization shall greatly secure Public Service Neutrality and Professionalism which will lead to Kenya witnessing a more responsive and effective government. This is massive.

Equal Protection of and before the Law is the twelfth principle that NCEC expected this constitution to provide for. And yes with separation of powers and the elaborate entrenchment of the rule of law, the corrupt and rogue state shall become a thing of the past and indeed equal protection of and under the law shall become a reality.

NCEC has witnessed distortions and misinformation that has followed the COE draft passing through parliament. These are around ten areas.  Abortion, Kadhi’s courts, land, devolution, rights of armed servicemen, denial of counties to certain minority ethnic communities, the vetting of judges, the provincial administration, the role of the senate and argument that there are too many representatives and government. All these issues are managerial, administrative and of policy in nature. Please note that none of the arguments on these points offends any of the 12 principles set out above which are the basis of assessing the acceptability of a new constitution. Policy issues always have contentions along moral, ideological and sometimes political lines. Religious, ideological, political and individual interests are the reasons why these ten areas of the NO movement have emerged. They are not based on known principled foundations.

As the organization that organized the nation to embark on the agenda of reforms, reconstruction and reconciliation since 1996, we at NCEC  have the moral authority to call on all Kenyans to register as voters and to emphatically vote YES for the Proposed Constitution.

Finally we call upon all agencies to work with the Committee of Experts and the IIEC in carrying out effective civic and voter education to ensure a productive referendum so that Kenya shall sing Katiba Mpya, Maisha Mapya from all corners of our great nation.

For and on Behalf of the NCEC

Pheroze Nowrojee,

Convener and Spokesperson

and

Cyprian Orina Nyamwamu

General Secretary, NCEC

Panafricanist Policy and Governance Strategist

April 14, 2010

Jipe moyo wewe Kijana! (don’t give up!) – Kenya’s government has no intention of empowering you!

KKVToday the youth in Nairobi converged on Charter Hall to celebrate International Youth Day. The purpose of this auspicious day (which will be officially celebrated tomorrow in the rest of the world) is to draw attention to social, economic, legal and political issues facing the youth.

The Nairobi Forum had as its theme “Harnessing Responsive Youth Development Initiatives for a Sustainable Kenyan Economy”, an issue which is at the heart of Agenda 4 of Kenya’s National Accord Agreement that established the current coalition government.

Regarding the youth, Agenda 4 has far reaching measures which are meant to include all Kenyans and indeed the youth who form over 75% of Kenya’s population into democratic processes and development.

Constitutional reforms are anticipated to include clauses that ensure equal opportunities and social inclusion for all Kenyans. Institutional reforms in the judiciary and police have been incorporated to ensure strong commitment to human rights, in a country where Kenyan youth are particularly vulnerable to such abuses, with the majority of inmates in the prison system being youth and a  police force that has also been accused of targeting the youth for extra judicial killings.

Further Agenda 4 reforms are also supposed to be implemented within the civil service, the same sector which in March this year raised the retirement age of civil servants up five years to 60! Land reforms are also a crucial Agenda 4 issue as land ownership amongst the nation’s youth is remaining a novelty.

However, these reforms cannot compare with the real poverty faced by Kenya’s youth. The youth require jobs and opportunities to fully exploit their talents. And Agenda 4 emphasises policies that ensure equity and balance  in terms of job creation and improved income distribution.

Thus, the main agenda in this afternoon’s Charter Hall forum centered on the Youth Enterprise Development Fund as well as the more recent Kazi kwa Vijana (KKV) programme.

After opening performances from Sauti Sol who can only be described as Kenya’s Boyz II Men, Hope Raisers a band from Korogocho inspired the title of this post “Jipe moyo wewe Kijana!” with their session that encouraged the audience not to give up in the face of poverty. It was ironic that above the stage were both the emblem of the Nairobi City Council which in the past has been guilty of not providing adequate social services as well as the seemingly benign face of President Kibaki, the very same principal who is meant to deliver Agenda 4 to Kenyans.

The forum was moderated by Louis Otieno of Citizen TV and began with a talk from Patrick Kasyula, the head of research at the Youth Enterprise Development Fund. In his speech, he extolled the virtues of the fund, more or less placing the blame for not reaching as many young entrepreneurs as could have been on parliament. He went on to say that the fund had to put internal structures and requirements such as funding youth groups as opposed to individuals so that the Kenya National Audit Office (KNAO) could not say they were spending money flagrantly.

Kasyula further mentioned that the fund was committed to responding to issues. As such the first question was raised by Fiona Mati of the Youth Interactive Portal for Enterprise (Yipe.org) regarding the over Kshs. 1 billion in financial discrepancies outlined in the Partnership for Change report “A fish rots from the head down: crony capitalism at Kenya’s Youth Enterprise Development Fund” whose basis was a financial management letter addressed to the then CEO of the Youth Fund, Umuro Wario from the very same Kenya National Audit Office (KNAO) Mr. Kasyula had earlier mentioned.

In response, Mr. Kasyula termed the “report” as being false and malicious. He went onto assert that those errors emanated from the fund’s parent ministry of Youth & Sports to whom the startup monies for the youth fund was given in grants. As a result of that “report” Kasyula continued, the CEO was terminated.  Mr. Kasyula never made any response to other questions from Ms. Mati regarding single sourcing by the Fund of suppliers and contractors, and neither did he answer her question on the Youth Fund’s “partnership” with Enablis East Africa.  However, he did provide a standard response from the fund that it is the only State Corporation that presents quarterly reports to Parliament and is one of the most transparent government agencies. Yet if this is the case, why the hesitancy in answering a few straightforward questions if the Fund is as transparent as its officers profess it to be?

Mr. Kasyula was further prodded by another audience member, Emmanuel Dennis the convenor of the National Youth Convention regarding his assertion that the “report” by the Kenya National Audit Office was both “false and malicious”. Mr. Dennis asked how Kasyula a civil servant could say the Auditor General’s office could make such “false and malicious” assertions– the very same office that draws its mandate from The Constitution of Kenya!

Dennis further reminded the audience of further financial issues raised in the KNAO financial management letter including a Kshs. 50 million grant to the youth fund by the Kenya Pipeline Organisation, for which no agreement was supplied at the time of the KNAO’s audit of the fund; Kshs. 500 million put into a fixed deposit account without Treasury approval and monies paid out for events to an organization for whom no legal registration documents were made available to the KNAO.

At this point, Kasyula directed any interested questioners to find out more from the Permanent Secretary in the Ministry of Youth Affairs & Sports, whom the forum’s moderator Louis Otieno reminded everyone present was new in his job. But Kasyula maintained that a visit to the parent ministry would yield answers, albeit the same answers the Partnership for Change has been seeking since June 27th 2009!

At the beginning of the Forum, Louis Otieno had asked the audience how many had received money from the youth kitty and only a smattering raised their hands. Indeed there were more audience members who raised their hands when asked who had applied and been rejected.

Two of these from one youth group in Embakasi narrated their story. They said that even though the concept of a youth fund was good in the boardroom, its implementation was far from realistic on the ground. They had tried to apply twice and never received even an email rejecting their application. One of them, Njambi said that rejection communication would not quench her thirst for entrepreneurship, but could only improve the development of her group’s business proposal. Njambi added that even a short note saying that the handwriting on her group’s proposal was bad would have been preferable to no response at all.

The second entrepreneur Lydia said that on one of their applications they approached the Fund and were told there was no money and that they should return after the national budget was read as all the money had been returned until then to the Treasury! She further cited the major hurdles imposed by the fund’s application process saying that her group had a hard time even finding a youth officer. That is not surprising because the youth officer they eventually found in Embakasi was in her words a “Mzee” (an old man) who told the group that what they were requesting was not within his mandate and even called the administration police to send them back to where they came from. Kasyula responded to this by admitting that the Fund does not itself employ youth officers who commonly are “senior” civil servants seconded to such duties by the Ministry of Youth Affairs & Sports.

The question of what impact the fund has made was raised by other audience members who said the youth in the “hood(s)” of Nairobi do not know about banks and “big money” and asked the fund to make its presence known on the ground. A member of a youth performing group added that road-shows would be a good starting point so the youth can leave the ghetto and reach the leafy suburbs of Lavington.

The second issue under discussion at the forum was jobs, specifically those under the controversial Kazi kwa Vijana (KKV) programme. A representative from the KKV National Management Committee Mr. Adak said that the initiative was aimed at assisting those youth most “at risk“. In his introduction he outlined the structure of the programme and stressed that the initiative had been successful, employing 100,000 youth so far.

Expenditure is Expe! (expensive)

An audience member from Mathare later told Mr. Adak that the amount of 250 shillings per day  was too little to feed him and his family. He also asked whether the initiative was just a 2012 campaign gimmick. In response, Adak told the young man that we should “praise God” for 250 shillings! – further revealing the insensitivity of government policy makers and political elite to the plight of the nation’s youth.

That response confirmed that Kenya’s government policy is solely populist and not geared to any sustainable development as far as youth policy and mainstreaming is concerned. That the government through KKV has employed 100,000 youth and intends by the end of September 2009 (next month) to make this figure 300,000 (how they get this figure and how they intend to achieve 300% growth is anyone’s guess) shows that Agenda 4 is on the back-burner as far as Kenya’s youth are concerned. World development has shown that as the noted economist and Nobel Laureate Amartya Sen says, development is not just about numbers but how the quality of life of a nation’s population is being improved. Obviously Kenya’s development economists and policy makers remain unaware of this.

To further show that the KKV programme is solely intended to give Kshs. 2,500 to as many youth as it can, the project is set up so that an “at risk” youth gets temporary employment for a maximum of 10 days. The means test to assess those “at risk” was questioned as well as the use of the provincial administration in implementation. Audience members testified that local chiefs were using the KKV as a means to solidify their influence in communities with no scrutiny. Negative ethnicity was also cited when a participant called Bill from Kiamaiko in Huruma told the forum that only youth from one community were being employed in his area. Another, George from Mathare said that the KKV supervisors looked 75 years old! He also told the forum that there were cases of supervisors demanding a cut of the earnings.

Payment was also an issue. Under the programme, the youth are paid two weeks AFTER the job and several cases were raised in the forum regarding delayed payment even after that time period. However, Adak of the KKV said that some youth had been involved in monitoring and evaluation (M&E) of the exercise to avert such incidents and even narrated an instance of M&E youth entering government offices questioning why they were unmanned. Though this sounds like empowering youth, the tale evoked memories of the dreaded Kanu youth wingers of the Moi regime who in their red-shirts terrorized everyone including civil servants.

As for the KKVs national steering committee and its offshoots, queries were raised by youth group members in the audience as to who actually appoints these committee members? A youth leader echoed the campaign gimmick question asking why the programme was under the Prime Minister’s office and not the Ministry of Youth Affairs? He reiterated that the initiative was being used as a cash cow for the provincial administration where bribes to be employed on the programme went as high as Kshs. 2,000 – leave alone that the total take home amount should be Kshs. 2,500!  The potential for corruption in this Kshs. 15 billion project was cited as being too high particularly where no checks and balances have been instituted. Adak, the KKV representative could only respond that the committees were manned by civil servants from roads, forestry, solid waste collection and other labour intensive government departments.

Siku njema ina kuja (A better day is coming)

But the ray of hope came from the recommendations of an earlier morning session where the forum was informed that a report will be presented to the government regarding the youth fund with the following demands:

  • An acknowledgment that the youth enterprise development fund is not structured in such a way as to eradicate poverty. The beneficiary criteria has not been well thought out and enables those who can access loans elsewhere to benefit to the exclusion of those that really need it.
  • The fund should not be so stringent in its loan disbursement: small quick turnaround loans should be included.
  • Devolvement of disbursement from commercial banks should be immediate and grassroot structures that are more accessible to Kenya’s youth should be promoted.

As for the Kazi Kwa Vijana, this policy was only slated to last until September 2009. However, the youth are growing more restless by the day. The only solution to avert a youth revolution is a full and committed implementation of Agenda 4.

Business activism: yes, we can be the change we wish to see in the world TODAY

Having reported on the National Youth Convention, we had actually intended on following up with a posting on the position (if any) business had in the change movement. Unfortunately having gotten caught up in the business of running our business, this topic slid under the carpet. However, meeting a young entrepreneur who is also a member of the Partnership for Change (P4C) at a training session last week served as a reminder of the importance of business activism. As much as entrepreneurs are the engine of growth for the economy, in their own way their actions can also create positive social change.

Patrick* is a young entrepreneur in his mid 30’s who has a posho mill (maize flour grinding mill) outside Nairobi. Having grown up in hard circumstances, he had to leave school at a young age. However, through sheer hard work, determination and belief in himself, he has managed to start a small and successful enterprise, which he also runs with his wife Mary*. But Patrick also has another side. Having been left at a young age to fend for his younger siblings, this has cultivated a sense of social responsibility in him and his wife. They have both been involved in advocacy initiatives on human rights, civic education as well as health.

The couple have also used their business as an informal meeting place in which to create awareness of pressing social issues and mobilise their customers and neighbours when the need arises. During the recently ended teachers strike, Mary in particular managed to rouse up local support for the teachers. It didn’t cost a cent, but using her communication skills learnt from many years in business, she managed to make the customers (who are also parents) see that the teachers being paid a decent wage meant sense in the long run. The husband and wife team in their own way have made their local community more aware of their rights using their business as a venue. It’s a prime example of for-profit activism. It has cost the couple nothing, but the social impact is much more than if they just sold the maize flour alone.

Business activism

The relationship between activism and enterprise has been widely discussed. An article by Shubhra Tandon titled the “New face of social activists” described entrepreneurs as being the new face of activism, using their business acumen to create social impact. In it she writes that entrepreneurs “step in to provide solutions and resources for the issues and problems identified by activists.”

Where before social responsibility ended with one’s employees in terms of ensuring workplace health and safety, the responsibility has taken on an outward dimension to society at large.

Indeed business activism is not a new phenomenon. The National Negro Business League created in 1900 by Booker T. Washington is an early case in point. The league was formed to advocate for a level playing field amongst the races and was a progenitor of the black civil rights movement.

A more recent success story has been the PAD protests in Thailand last year. The PAD movement was highly funded and supported by local business people who ensured that the protestors were well equipped with food, communication and other basic requirements during the long sit-in’s and occupation of the national airport.

Doing well by doing good

Not every entrepreneur can be like Bill Gates, who through his philanthropy has tackled global issues such as health and education. Our individual actions may not bring about a change in government such as what happened in Thailand. However, as Patrick and Mary’s story shows, there is no excuse for doing nothing. The couple have used their business as a platform to create change. The late actor and food entrepreneur Paul Newman who used his business to campaign for the environment called this “shameless exploitation in pursuit of the common good”.

To paraphrase Barack Obama and Mahatma Gandhi: yes we can be the change we wish to see in the world.

At Yipe.org we say: TODAY!

* name changed to protect privacy.

Notes from the bleachers at the National Youth Convention ’08

An extraordinary session of the The National Youth Convention opened yesterday at the Bomas of Kenya in Nairobi. The theme of the largest gathering of Kenyan youth this year, was the reconstruction, reconciliation and reform.

Speeches by the organisers centered on the need for the youth to be more proactive in Kenya. Kenyan youth were accused of saying nothing when each election resulted in the appointment of leaders who do not have their best interests at heart. Now is the time to fix the wrongs of the past, the convention delegates were told. They were asked from now on, as leaders, to consider themselves as engines of change and to challenge the status quo.

Regarding entrepreneurship, nominated MP, Hon. Rachel Shebesh decried the slow pace of the National Youth Policy Draft being tabled in parliament seven months into the current parliament. She also advised the youth to be cautious about the proposed method of grassroot elections for the National Youth Council. Reminding the delegates of how the Maendeleo Ya Wanawake elections had in the past been manipulated by the political class, Shebesh told the youth to ensure that the election method would be inclusive and representative.

How can you have a Ministry with no  policy?

The governments commitment to improving the welfare of the youth was called into question.

The Youth Ministry was termed as being there solely for “PR” purposes. Being toothless, not only does it operate without any policy, but it is there to hoodwink Kenyans of the governments commitment to the youth. Furthermore, the same Youth Ministry does not even have the creation of jobs for the youth under its mandate.

The youth fund was also termed as a “shame”, which brought loud applause from the delegates. Many participants decried the fact that they had no access to the funds and were even unaware of the process to receive the funds. Some asked, why is the government force-feeding the youth to be entrepreneurs? Why spend all those years in school in order to be given Kshs. 10,000 to have a boda boda business?

Our view is that if the fund is going to make any real impact in the lives of youth entrepreneurs, it should:

  • ensure that ALL youth nationwide have access to information about the fund, skills on how to apply for the funds, and close access to the financial intermediaries.
  • The fund should not only target groups. That in our view is grossly disrespecting the youth of Kenya. As Hon. Kabando wa Kabando who was present at the convention said, repayment of loans was over 90%. That intimates that the youth are not out just to be given money and not pay it back. Why lie? Why should one have to go find other youths in order to be given a pepper corn amount that will only just barely put any enterprise on the ground? Why? …

Well, Hon. Raila Odinga who also attended said that the fund needs to be adressed. Kenyan youth entrepreneurs, let’s make sure it is!

Kenyan youth UNITE … in Obama-speak: YES WE CAN!