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Post by job on Mar 22, 2011 21:55:36 GMT 3
It's not yet been delivered!ODM MUST TAKE LEAD IN DEVOLUTION AND LAND REFORMSjobAs Parliament embarks on an intense phase of debating support legislation for the new constitution, ODM - the party genuinely championing devolution and land reforms – must now cut a niche above its competitors by leading from the front. ODM needs to ensure these two key pro-people tenets of the new constitution are fully implemented as envisioned. The party must guard against PNU and KKK attempts to water down or delay the changes aspired.On land reforms, as KALENJIN leaders led by William Ruto continue distracting their community’s full attention towards the Ocampo (ICC) trials, ODM should seize the opportunity and embark on engaging the same grassroots on this substantive bread-and-butter issue. The party should strive to recapture peoples’ collective attention on what can be achieved through this new constitution regarding: guaranteeing equitable access to land; taxation of swathes of idle private land; formation of an independent and accountable National Land Commission - NLC (that safeguards public land); redressing historical land injustices; addressing pastoral land issues; addressing land rights of minority and marginalized groups; safeguarding rights of women and children; and affirming land rights of informal settlement dwellers. This onerous task will require support of millions of wananchi. The undertaking will naturally get vigorous opposition from PNU and the KKK merchants of impunity – led by Uhuru Kenyatta, who sits on hundreds of thousands of acres of idle (and grabbed) private land. Uhuru Kenyatta is neither ready to subject his vast land to NLC’s scrutiny, nor have it taxed for wananchi’s benefit. People may be forced to choose between supporting Uhuru Kenyatta’s continued hold onto vast parcels of grabbed public and communal land, or supporting their own aspirations on reforms that give them a chance at accessing land. It will not be only PNU and KKK standing in the way – there are a couple of land aristocrats already sitting in the body constitutionally mandated to draft support legislation for the new constitution. That was Mwai Kibaki’s pre-emptive spanner into the works. Embedded within, and atop the Constitution Implementation Commission (CIC), are some wealthy land barons of Kibaki and Kenyatta’s land class. ODM should stand with the people and fight to ensure it assembles a broad-based, people-driven, and multi-stake-holder coalition to counter resistance against land reforms. Kenyans have already witnessed how the anti-reform forces, through embedding impediments atop the Truth Justice and Reconciliation Commission (TJRC) – earlier thought to document and start redressing land injustices – have literally grounded the commission’s work. On this explosive land issue, ODM must be reminded that at least five new laws await legislation, three new institutions await formation, and some older laws need to either be reviewed or repealed. ODM must specifically safeguard against poisoning of the minds of the grassroots through propagandas and false myths. In particular, the same lies peddled by the NO campaign led by William Ruto during the last referendum, targeting residents of the former Rift Valley, must have pre-emptive debunking and tackling. In seeking broad support for land reforms, ODM must go back to the Kalenjin peasants and others who voted NO in the referendumand explain to them for instance, that small pieces of land will neither be taken nor forcefully consolidated. The concept of maximum and minimum land holding needs clarification before the legislation debate starts. People must be told the truth about the minimum and maximum issue – that its aim is to enable planning, food security; to promote equitable access; to dissuade land fragmentation below economically viable sizes; dissuade land grabbing; and dissuade the hoarding of large idle tracts of land. ODM should go further by explaining that the Legislation recommended also envisages different regions having different sets of minimums and maximums. Leadership calls for being at the frontline. This land issue is one where PNU’s best foot can only twitch in a sabotage mission. ODM must ignore the watermelons and NO campaigners masquerading in government and take this crucial reform issue head-on. Lands Minister James Orengo must proactively ensure that the drafts coming to Parliament (through CIC’s input) conform to both the constitution and the Land Policy. The National Land Commission Act, must be what we expect – without shocks and any watering down. ODM MPs and other leaders should engage the people that the National Land Commission (NLC), the District Land Boards (DLBs) and Community Land Boards (CLBs) – the latter two being part of new county devolution structures - serve to protect their public land. This sensitive land issue is one that is quite easy to politicize, where peasants can actually be hoodwinked to line up against their own interests – especially when led astray by sweet-talking demagogues such as William Ruto. Poor peoples’ eyes may only open up when it’s too late. ODM legislators must stand firm and safeguard land reform measures in the new law. The party has to appreciate that any delay in establishing the NLC (& it’s staffing by honest, competent, accountable officials) as we approach 2012, basically sabotages the land reform agenda. As the Ndung’u Commission recommended, we now have the opportunity through the NLC to set up a national register and record statistics of Kenya’s Public Lands. If ODM sees that the NLC is established as envisioned in the constitution, the commission will also setup a Land Titles Tribunal to determine the bona fide ownership of land that was previously public or trust land as per Article 40 (3) (a) read along with Article 68 (c) (v). As the KPL/Ngong Forest Land fraud case against William Ruto shows, one can still claim registration and hold Title Deed (even transact it with banks) on land that still belongs to government. If ODM helps deliver these reforms finally, through passage of effective unadulterated support legislation, the NLC will also benefit Kenyans by assessing tax on idle land parcels as per Article 67 (2) (g). But then – these are precisely the ‘elephants’ in the land reform ‘tent’ which ODM must mobilize Kenyans to safeguard. I do not see Mwai Kibaki, Uhuru Kenyatta, William Ruto, John Michuki, Isaac Ruto, or Moi (a few powerful impunity merchants) agreeing to subject their own grabbed land to NLC’s scrutiny of ownership or even taxation assessments, unless ODM enlists majority wananchi to fight this battle. Is ODM satisfied that the ordinary Kenyan understands the immense benefits to be gained if good legislation giving the NLC teeth is passed? ODM should also craft simple but effective messages for the people explaining the paramount importance of using principles under Article 10, to start redressing historical land injustices which have been the basis of land clashes and post-electoral conflicts. In either drafting or scrutinizing the Historical Land Injustices Act, ODM must ensure that PNU and KKK doesn’t vote down land restitution as a way of dealing with historical injustices. When drafting and debate comes up for The Land Act, ODM should again ensure Kenya gets a modern land tenure system as envisioned in the new constitution. The confusion seen today where a government can claim not to know whether Moi’s grabbed Kiptagich Farm was excised from Narok (Maasai Mau) Trust Land, or Public Forest (Mau) must end. On the Land Registration Act and the Regulation of Land Use and Property Act, ODM’s duty should lead to establishment of a single title registration system with all community land registered too. Loopholes for folks like the Sammy Mwaitas producing a Title Deed for Ruto, which is then declared legal in a court, yet the land is still part of unexcised public forest (not yet degazzetted) is quite sickening. We must have just one law with different sections for registering public, community and private land. Without abdicating anything to the CIC, Lands Minister James Orengo and legally-sound MPs should also comb through the old laws like the Government Lands Act, the Registered Land Act, Land (Group Representatives) Act, Trust Land Act, Registration of Documents Act and the Registration of Titles Act to ensure they all conform with the new dispensation. ODM is called upon to lead and change the status quo of the old era where folks in certain areas enjoyed land rights denied to other areas – such as the right to a Title Deed that can be used to secure a bank loan. All Kenyans must enjoy equal land rights. The days when only select communities had access to Title Deeds, because Mtukufu had not authorized local land adjudication on the rest of the areas must be buried. ODM must ensure PNU and KKK don’t keep the status quo with skewed land rights and unequal policies governing land adjudication, registration, titling, etc. It’s a new Kenya, let’s keep it so. Special hawk-eyes are also needed to safeguard against watering down of constitutional provisions guaranteeing that women enjoy equal rights on land - including inheritance. At a recent KKK rally, Juja Narc-K MP, and alleged drug baron, William Kabogo recently articulated his reasons for not supporting the leader of the party that sponsored him to Parliament. Kabogo claimed his community's partriarchial tradition prevents him from supporting the presidential ambitions of a female leader (especially one from Kirinyaga). Martha Karua and her Narc-K party have repeatedly taken a flak in Parliament thanks to Kabogo's questionable integrity..if this is how Kabogo pays back..then ODM should be on the lookout for another KKK-insitaged misogynistic attack on womens' land rights.It is instructive for the ODM leader and MP for Langata to consider embedding within these land reform legislation, guarantees for land rights of informal settlement dwellers, like the Nubians of Makina slums in Kibera. It goes without say that these individuals deserve the right to Title Deeds for land they have occupied for generations spanning a century.
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Post by adongo23456 on Mar 23, 2011 22:38:08 GMT 3
job,
On the devolution issue a lot of work is going on. A bipartisan task force on devolution has been working quietly for months now. They have gone all over the country to collect views. There last event was in Nairobi where they had a very lively consultation with city politicians and the Local government officials. I heard some great ideas from that one including splitting the City of Nairobi into administrative boroughs working with the City County government to ensure that services are deliverable to all of the city and not just the CBD.
This committee is headed Dr. Mutakha Kangu, one of the leading experts on devolution in our country. The task force is composed of experts on all the different relevant fields and well known community leaders and activists. I have been very impressed with their work.
They have almost finished collecting views and will soon be preparing their report which they will then hand over to the CIC. Today I saw in the news, the politicians trying to interfere with the work these people have done and which Kenyans will have a chance to look and debate. But today I saw some M.Ps who are members of the Local government parliamentary committee claiming that they want the report from the task force before it goes to the CIC and that if they don't like the report they will carry their own collection of views. I hope that is just M.Ps being their stupid selves.
But yeah, there is some great work going on with the devolution piece. Let's hope the M.Ps don't come to mess it up.
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Post by kipfirimbi on Mar 24, 2011 7:28:21 GMT 3
Every “market” has a mad man!
However this doesn’t mean condoning any vice linked to the madness!
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Post by tnk on Mar 25, 2011 19:42:11 GMT 3
job,On the devolution issue a lot of work is going on. A bipartisan task force on devolution has been working quietly for months now. They have gone all over the country to collect views. There last event was in Nairobi where they had a very lively consultation with city politicians and the Local government officials. I heard some great ideas from that one including splitting the City of Nairobi into administrative boroughs working with the City County government to ensure that services are deliverable to all of the city and not just the CBD. This committee is headed Dr. Mutakha Kangu, one of the leading experts on devolution in our country. The task force is composed of experts on all the different relevant fields and well known community leaders and activists. I have been very impressed with their work. They have almost finished collecting views and will soon be preparing their report which they will then hand over to the CIC. Today I saw in the news, the politicians trying to interfere with the work these people have done and which Kenyans will have a chance to look and debate. But today I saw some M.Ps who are members of the Local government parliamentary committee claiming that they want the report from the task force before it goes to the CIC and that if they don't like the report they will carry their own collection of views. I hope that is just M.Ps being their stupid selves. But yeah, there is some great work going on with the devolution piece. Let's hope the M.Ps don't come to mess it up. adongo could you point us to some of the write ups from dr kangu. it would be nice if the public is informed and not kept in the dark till the very last minute as in ligale's team. we all know where that is now if you have some links or text to post that would be much appreciated
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Post by job on Mar 25, 2011 19:47:06 GMT 3
Folks,Let us not keep our eyes off devolution and land reforms. The Ocampo six must not hold hostage, leave alone distract Kenyans from attending to important national matters such as crafting a proper devolution structure. Yes Adongo, the Devolution Task Force led by Dr Mutakha Kangu is already taking views from Kenyans, and visiting devolved foreign countries to recommend policy and legislative proposals for implementing it. Notice that this major progress is missing from news headlines, all apparently reserved for the Ocampo six. I understand the Task Force is completing its work in June 2011 before formulating a Sessional paper to bring to the House. An interim report on their progress should be out next week. Interestingly, it is PNU MPs who have been actively participating in these sessions. For instance, John Michuki & his neighbouring MPs, two weeks ago, featured big (cynically) in the Muranga Devolution Task Force sessions: allafrica.com/stories/201103030572.htmlMinister John Michuki said yesterday the Mutakha Kangu-led task force on devolution was not likely to achieve its mandate. He said its mandate was too complex and diverse and some of the issues involved were beyond human comprehension.
Michuki who was giving his contribution at the task force's sitting in Murang'a town suggested that it prepares a model on devolution before seeking public opinion.
He said the task force may not achieve much and may end up being another circus like that of a new constitution that took Kenyans 10 years to achieve. "The task force may not achieve much and it may end up being another circus like that of the new constitution that took Kenyans 10 years to realise after going around one thing with no end," Michuki said. Meanwhile in the former Rift Valley, most leaders are pre-occupied by ‘saving’ the Ocampo six. Did they offer input into this paramount bread-and-butter issue that will soon affect them profoundly?Meanwhile two things are brewing in the background. First is a growing grumble by MPs who now want to set up a parallel national tour on “collecting views from wananchi”. Led by two MPs from the North Eastern province, members of Parliament’s Local Authorities Committee, I find this contest pitting MPs and the Executive a bit mischievous. Some forces who believe they now control the legislature are probably trying to undermine or sabotage devolution through such political games that would drag the process beyond the stipulated timeframe. Second is another surreptitious plot being coordinated between the Office of the President and Treasury! Everyone with eyes is seeing this stubborn move to continue expanding the centralized bureaucracy that runs parallel to, and competes with, devolution. Everyone can see the frenzy to create more districts and expand the provincial administration. Kibaki is still creating districts (he alone has created more than 200) and sending administrative staff, GSU and APs to them. The giant (& still growing) provincial administration alone has more than 20,000 personnel, many times more than the total number who’ll sit in the devolution assemblies. After deliberately draining Treasury of funds, where will the money for constructing and staffing the base devolution infrastructure come from? Are these folks inadvertently setting the stage to deplete the necessary funds to set up pre-requisite physical structures for devolution?History tells us the Lancaster Constitution (which provided devolution) failed precisely because the Kenyatta government sabotaged and denied release of funds to build devolution-supporting infrastructure. We know where we got after that wrong-footed start. Is someone trying to copy the Kenyatta script albeit quietly? Kenyans should start seeing the need to support strong devolution structures closer to the grassroots. At this rate where even ICC criminals want to take over the Central government by force, folks need strong devolution structures with enough capacity and accountability mechanisms. That’s the future. If county governments can be well designed and given a substantial degree of autonomy to make fiscal decisions, then Kenya can be on the right track. These units must ensure that either gender doesn’t control more than 2/3 of their respective elective leadership. Instead of being inundated with desperate calls to save the Ocampo six, we should be clearing out issues such as:• Cost and human capacity and effects on the population disparity between 47 counties! How do we staff all 47 counties adequately? When is Uhuru starting to release funds to construct county assembly buildings and local physical structures? • How will the county governments deliver stipulated services with the 15% allocation? Would there be need for an amendment to increase this figure? • Legislating (leaving no loopholes this time) the details of the formula of sharing the 15% among all the 47 counties - equitably not equally. • How will the counties work with a seemingly parallel Provincial Administration (P.A)? The latter is a big elephant in the tent. My unshaken view is that this plot to retain the provincial administration (with little tinkering) is a plain attempt to retain the centralized governance structure and make nonsense of the envisaged devolution. In any case, any tinkering must be backed by legislation, not memos originating from Muthaura’s office at Harambee House! • How will the counties work with Local Authorities? Will City and Municipal Councils continue running City & Municipal hospitals, maternity services, health centres and dispensaries? Will they continue running markets and making by-laws? • What happens to delivery of services during transition? • Location of seats of county governments by 2012 – to avoid wrangles, would it be better to base them at the location of the DC offices as at 1992? Can ODM talk more about these issues - and land reform issues, rather than this steady diet on how to save the Ocampo six!
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Post by job on Apr 22, 2011 6:28:14 GMT 3
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Post by commes on May 18, 2011 10:01:35 GMT 3
Is there a Jukwaa member who is following live on Citizen TV, 18 May 2011 from 10:00 a.m, the National Stakeholders Workshop on the Draft National Land Commission Bill? Kindly update any key issues if you can.
Any lead to a live stream will be appreciated. Many thanks
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Post by job on May 18, 2011 17:02:07 GMT 3
Is there a Jukwaa member who is following live on Citizen TV, 18 May 2011 from 10:00 a.m, the National Stakeholders Workshop on the Draft National Land Commission Bill? Kindly update any key issues if you can.
Any lead to a live stream will be appreciated. Many thanks Thanks a lot Commes for reminding us about this important forum. Like I noted earlier, this National Land Commission Bill is paramount. The status quo forces (I'm sorry it includes the leadership of CIC) are ready to pounce (& mutilate) envisaged reforms seeking to give the NLC enough teeth to deliver its mandate as stipulated in the new constitution. The public viewing of the deliberations (if we can get a video clip of the proceedings) will do a lot of good in illuminating the process of drafting this crucial bill. I join Commes in appealing to anyone who can avail us a video recording of this session to please post it here (JUKWAA).ODM should also direct its elected lewadership (at all levels) to be active in such deliberations. This is what I stated about taking frontline leadership in land and devolution matters! Where is Orengo? I see Musalia Mudavadi is already doing a marvelous job. I've browsed through the interim devolution report (Task Force Report) - its quite a detailed and voluminous report. I noted presence of academic and analytic details which I think need to be edited out -leaving only the practical, refined, and tangible aspects of devolution. I don't think there's need to academically justify everything proposed, or repeat verbatim what people stated...the latter makes the report so bulky and cumbersome to read. I think the conservative forces in media and government have done a "good job" keeping such public fora (as this one today) away from public glare. Am I alone in noticing very little attention being allocated to the important matters of devolution and land reforms? Media is deliberately hushing these crucial things, keeping the public groping in the dark. Devolution and land reforms are the best saviour of Kenya, to keep people away from the do-or-die battles over the Presidency. If our Counties can be economically sustainable, well governed, infrastructure-served, and less corrupt units where people are empowered, laws enforced, land rights preserved, and democracy entrenched - then who needs to bother about the Presidency? If owning land in Kakamega (& the rest of the Counties) automatically provides one with a Title deed - just as it is in Kiambu - which can then be used to access bank loans, that would be significant progress. I remember back in the days I served at Msambweni Hospital (Kwale), when an elderly man (desperate for cash to educate his kids) offered to sell me a portion of his land - the first thing to realize was that land in the entire area had not even been adjudicated by Mutukufu rais Moi - so the question of Title Deeds didn't even exist. The situation still exists in the same status quo in very many areas. This is what keeps sections of the country in perpetual poverty. There's virtually no opportunity for capital to engage in economic activities. It's basically official marginalization. These were the Kenyatta era Sessional paper # 10 of 1964 edicts - which divided Kenya into two economic zones - productive zones (like Central & Rift Valley),...and less productive zones ( the rest of country).... All policies and legislation were geared towards developing the so called productive economic zones....(Central and Rift Valley)...thus came the selective roads, fast-tracking of individual Title Deeds for property, electricity, water, agricultural extension support services etc....dividing Kenya into two distinctly unequal portions. Simultaneously, Kenyatta was engaged in fast-tracking of Settler Trust Fund relocations of politically connected folks within Rift Valley, engaging in demographic re-engineering of the Rift Valley. These were the roots of economic disparities and inequalities that exist to date. Add land grabbing at the Coast, Ukambani etc then you get the complete picture. We need devolution and land reforms to shield Kenya from future instability. At least Counties can manage their resources and set their economic and development priorities tailored to their own needs. Lordism by the central government has really suffocated the periphery of the nation. The monolithic central government can be very emasculating. If you add the old mindset (of the 1964 Sessional Paper # 10 variety) at the leadership, then you have ingredients for trouble. Even today in 2011, every Tom, Dick and Harry is aware that Kenya's major economic artery (transport corridor) runs from the country's only gateway at Mombasa (Coast) through the Capital (Nairobi) and to the bordering land-locked countries in the West (Busia/Malaba border). Yet when it came to prioritizing a superhighway in the Kibaki era - the country's only double 5-lane superhighway now runs from Nairobi through Thika, towards Mount Kenya. Not that it's bad to build these superhighways all over Kenya, but where should we start surely? It's called skewed (or favoured) prioritization guided by the 1964 Sessional Paper # 10 mentality. We need a completly new mindset (guided by the new constitution) at all levels of government.All Kenyans should focus towards developing their Counties, to make them places where; a peasant can access land for farming; a trader can access roads and markets; an entrepreneur can comfortably set up businesses; a professional can easily set up a practice; folks can comfortably build future retirement homes etc etc a place where basic ammenties (education, water, electricity, hospitals, sanitation) are provided side by side with thriving commerce and business. That will mean having land with title deeds recognizable by financial institutions and entrenchment of the rule of law at the County level - where you don't have to lose sleep over a scrupulous lawyer attempting to swindle your land etc. It is the effective development of these counties that will diffuse pressures off the super-politicized minds of Kenyans. So why are we not active in scrutinizing their set-up? Anybody with the video clips of today's Land forum?
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Post by adongo23456 on May 18, 2011 23:51:30 GMT 3
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Post by phil on Jul 22, 2011 17:17:33 GMT 3
Mudavadi invites Legislators to a retreat on Devolved Government in Naivasha on Sunday and Monday.
Friday, July 22, 2011
Deputy Prime Minister and Minister for Local Government Mr. Musalia Mudavadi is urging with Members of Parliament to attend a retreat on the Devolved Government scheduled for this weekend in Naivasha.
Mr. Mudavadi told Members of Parliament that the retreat was important as it will help them understand the proposals made on the actualization and realization of devolved governments under the County Governments as enshrined in the Constitution.
He said the Task Force on Devolved Government (TFDG), which is mandated to propose ways to make the devolved model of government functional and efficient has already prepared a report which it would wish to share with Legislators before it is finally presented to Parliament.
Mr. Mudavadi says the retreat to be held at the Great Rift Valley Lodge on Sunday and Monday will is very crucial for Members of Parliament who will play a pivotal role in ensuring the County Governments as stated in the Constitution are put in place and management of the same spelt out clearly.
The Task Force which is chaired by a renowned Lawyer Mr. Mutakha Kangu wants every County Assembly to have a minimum of 25 members. TFDG in its report relied on a formula through which each constituency will have a minimum of three and a maximum of five civic wards, which would each elect members of County Assemblies.
The proposal would reduce ward representatives from the current 3,465 – including nominated councillors – to just about 2,000.
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Post by adongo23456 on Jul 22, 2011 18:40:44 GMT 3
Yes phil that Task Force has done an amazing job. There will be a few battles here and there but their report is thorough and well thought out. This is the single most important item in the constitutional implementation process. We get this right we are on our way to the new country we have been fighting for for so long. The deadline to pass the bills is August 26, 2011 and I am on vacation that time. If this goes well I am hosting a party. This is huge. Here we go: www.nation.co.ke/News/County+assemblies+begin+taking+shape++/-/1056/1205572/-/y3ycsk/-/index.html
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Post by job on Aug 18, 2011 0:39:48 GMT 3
PUBLIC FORUM
Legislation on Public Finance Management under a Devolved Governance System
Thursday August 18th, 2011 at 4- 7pm Nairobi Safari Club (Lillian Towers)
This is to cordially invite you to a public forum to review progress and make recommendations on the Public Finance Management Bill under the New Devolved Governance System. The Public Forum is being held within the context of a proposal to harmonize the two PFM laws proposed by the Ministry of Finance and the Task Force on Devolution. The Forum will seek to provide insight on the challenges, potential risks and subsequently develop a communiqué/petition on recommendations for wider distribution.
The Speakers at the event will include Mutakha Kangu (Chair, Task Force on Devolution); Dr. Malombe (Member, Task Force on Devolution); Atieno Ndomo and Achoka Awori (SAYARI Policy Working Group).
The event is jointly convened by SODNET, KENDREN, SAYARI, 4Cs and the United Nations Millennium Campaign.
We hope that you will be a part of this very important conversation. With every kind wish: SODNET, KENDREN, SAYARI, 4Cs and the United Nations Millennium Campaign.
Background Information:
Recent developments suggest that one singular legislation is proposed to regulate public finance management at both the national and county levels of government. To this extent, a draft bill, ostensibly harmonizing the draft Public Finance Management (PFM) law pieced by the Treasury, and the two laws proposed by the Task Force on Devolution to address public finance matters at and between levels of government (the County Government Financial Management bill, and the Inter-Governmental Fiscal Relations bill) has been developed.
There is contention and concern that the said ‘harmonized’ draft PFM law fundamentally deviates from constitutional principles and provisions, and in particular, those anchoring a devolved system of governance and transforming the ethos of public finance management to assure equity and genuine citizens’ participation. It is apparent that the core recommendations made by the Task Force on Devolution have been deliberately excluded and watered down, effectively retaining centralization and excessive control by the national Treasury.
Given the importance of this issue, it is imperative that the wider public is enjoined in the debate and to have citizens and their groups weigh in and affirm the importance of safeguarding key constitutional provisions which hold the promise to transform Kenya’s governance, in line with the aspirations of a majority of citizens. This public forum will be an opportunity to illuminate and voice citizens’ perspectives on the issues at hand. A perfect storm is brewing around our long desired plans for devolution. Even the President and Prime Minister have failed to resolve this imminent implosion. Kibaki, Raila fail to resolve county funding rowwww.standardmedia.co.ke/InsidePage.php?id=2000040917&cid=4&ttl=Kibaki,%20Raila%20fail%20to%20resolve%20county%20funding%20row It is quite disturbing that after passing the new Katiba providing devolution – in the form of 47 county governments – status quo elites (Watermelons) led by Finance Minister Uhuru Kenyatta are yet again standing in the way of funding these counties. This was the same script used by Jomo Kenyatta to kill majimbo that was provided in the Independence constitution – denying funds for the various Jimbo governments.Uhuru has rallied the IMF and World Bank to come to his aid – and help him retain funding at the centre (Treasury).
Just like in 2003 when the IMF and World Bank vigorously opposed the now popular and life-changing Constituency Development Fund (CDF), they have this time, with Uhuru Kenyatta and Finance PS Joseph Kinyua’s support, quickly cobbled up the so called Public Financial Management Bill to deny funding the grassroots (County governments). Under this Bill, Counties will share only 15% of funds raised (reported) by the Kenya Revenue Authority (KRA) but not funds raised by the government through shares, grants, bonds, asset sales, donor funds and such.
According to Uhuru and his ilk, the latter funds are to be solely retained at Treasury, under control of the future Finance Secretary (Minister). On top of that, the proposed law gives the Executive humongous and unconstitutional powers to veto any changes Parliament makes to the national budget. This is certainly not what our new constitution says & certainly not what was proposed by the Task Force on Devolution led by Dr. Mutakha Kangu – which wants Counties to share up to 15% of all aggregated funds raised by government in any year (from taxes, bonds, shares, asset sales, grants etc); and the Executive to respect the inputs of Parliament, the Commission on Revenue Allocation (CRA), the Senate, and the Controller of Budget respectively, in the budgeting process (as stipulated by the new constitution).Uhuru is using the PS under Musalia Mudavadi’s Local Government Ministry, Karega Mutahi (one of the thieves involved in embezzling poor school children’s FPE funds) and outgoing anti-reformist AG, Amos Wako, in a deceptive gimmick guised as “ harmonization’ of two Bills – one from Treasury, and another from the Devolution Task Force. The ‘harmonized’ bill is nevertheless a carbon copy of Treasury’s Public Financial Management Bill that seeks to retain centralization of funds at Treasury. Kenyans need to let Uhuru know that he will not stand in front of their dream to realize full devolution – and shared resources at the periphery. Speak up your minds good fellows! Let the public know what these Watermelons are doing to their new constitution behind their closed boardrooms.
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Post by job on Aug 18, 2011 3:15:46 GMT 3
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Post by job on Aug 18, 2011 18:58:03 GMT 3
I will be awaiting response from an interlocutor at the above advertised Devolution forum (held today) at the Nairobi Safari Club. I believe it's about to end (or has just ended).
Will be awaiting response to pertinent questions regarding:
(a) Revenue. What is the constitutional definition of national revenue?
Doesn't the constitution describe the national government raising revenue via three forms:
(i) taxation {Articles 209, 210} (ii) production and sale of goods and services {Article 209(4)} (iii) borrowing {Articles 211, 212}
Doesn't the same constitution say that county governments can raise and spend what they raise; but what the national government raises is to be shared among the 2 levels of government as in - 85% of total raised > national government; 15% of total raised > to be divided equitably to the 47 county governments
Article 203 describes the criteria for determining equitable shares of both national and county governments on one hand; and horizontally among the 47 counties on another.
I also requested that the forum address the critical questions of:
(b) Role of Senate (future) in distribution of national revenues
(c) Articles 225 and 220's explanation of power to control revenue (public money) and power to make budgets. We need a final clarification - does a future Secretary of Finance have more powers to control revenue and write budget - powers over the Commission on Revenue Allocation, Director of Budget, Parliament, and Senate?[/b]
(d) Allocation of Resources to Counties:
Doesn't this also include human resources (from inventory of all public servants); financial resources; and infrastructure resources (buildings, roads, health facilities, water facilities etc)...
Aren't we going to have capacity building in all 47 counties since these county governments will be responsible for agricultural, health, housing, water, roads, basic education, environment, and planning needs of the respective counties?
(e) Borrowing:
Doesn't the constitution allow borrowing for both county and national governments?
I think Kenyans should appreciate that - just like the CDF had a positive impact at the grassroots- devolution is going to benefit all 47 counties of Kenya.
There is no point in Uhuru Kenyatta trying to stiffle and water down devolution, especially by denying it funding and an opportunity for capacity building.
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Post by danielwaweru on Aug 19, 2011 11:30:12 GMT 3
Job, You claim that: History tells us the Lancaster Constitution (which provided devolution) failed precisely because the Kenyatta government sabotaged and denied release of funds to build devolution-supporting infrastructure. We know where we got after that wrong-footed start. Is someone trying to copy the Kenyatta script albeit quietly? History tells us no such thing, mostly because no such thing happened. Rather, even before the Lancaster House conference, KADU (and its settler allies) strained every sinew to get a majimbo constitution. KANU realised (i) it would be in power, and (ii) that to fight the majimbo constitution would be to delay independence. It (in the persons of Mboya, Kenyatta and Odinga, especially) made clear that it would dismantle the majimbo constitution once in independent power. They were better than their word: Odinga pere, as Minister for Home Affairs began to subvert the majimbo provisions of the independence constitution before independence: On the eve of independence, Oginga Odinga, as minister for home affairs, prevented the disbandment of the Tribal Police or its removal from the auspices of central government (KNA WC/CM/1/13, Minister for Home Affairs, ‘Future of the Tribal Police’, 21 November 1963). Odinga further retained central government control over the appointment of chiefs (KNA WC/CM/1/13, Minister for Home Affairs, ‘Future of Chiefs and Sub-Chiefs’, 21 November 1963). Both policies contravened the independence constitution by maintaining a parallel police force and contesting the sole responsibility of the Public Service Commission for the appointment of public servants (Kenya, 1963:111, 135). The politics of control in Kenya: Understanding the bureaucratic-executive state, 1952-78
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Post by adongo23456 on Aug 19, 2011 18:32:56 GMT 3
Job, You claim that: History tells us the Lancaster Constitution (which provided devolution) failed precisely because the Kenyatta government sabotaged and denied release of funds to build devolution-supporting infrastructure. We know where we got after that wrong-footed start. Is someone trying to copy the Kenyatta script albeit quietly? History tells us no such thing, mostly because no such thing happened. Rather, even before the Lancaster House conference, KADU (and its settler allies) strained every sinew to get a majimbo constitution. KANU realised (i) it would be in power, and (ii) that to fight the majimbo constitution would be to delay independence. It (in the persons of Mboya, Kenyatta and Odinga, especially) made clear that it would dismantle the majimbo constitution once in independent power. They were better than their word: Odinga pere, as Minister for Home Affairs began to subvert the majimbo provisions of the independence constitution before independence: On the eve of independence, Oginga Odinga, as minister for home affairs, prevented the disbandment of the Tribal Police or its removal from the auspices of central government (KNA WC/CM/1/13, Minister for Home Affairs, ‘Future of the Tribal Police’, 21 November 1963). Odinga further retained central government control over the appointment of chiefs (KNA WC/CM/1/13, Minister for Home Affairs, ‘Future of Chiefs and Sub-Chiefs’, 21 November 1963). Both policies contravened the independence constitution by maintaining a parallel police force and contesting the sole responsibility of the Public Service Commission for the appointment of public servants (Kenya, 1963:111, 135). The politics of control in Kenya: Understanding the bureaucratic-executive state, 1952-78Lets quit the sideshows for crying out loud. Odinga was part of the Kenyatta government from 1963 to 1966. He was actually the Vice president so when job talks about the Kenyatta government sabotaging majimbo there is no need to tell us what Odinga did or what Mboya did. They were part of the same government. Sometimes people get so caught up in tribal games. This thread is about how to ensure that the provisions for devolution in our new constitution are implemented faithfully and not sabotaged by selfish interests. Let's not subvert the discussion with irrelevant sideshows. This kind of stuff gets irritating at times.
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Post by job on Aug 19, 2011 19:20:53 GMT 3
Job, You claim that: History tells us the Lancaster Constitution (which provided devolution) failed precisely because the Kenyatta government sabotaged and denied release of funds to build devolution-supporting infrastructure. We know where we got after that wrong-footed start. Is someone trying to copy the Kenyatta script albeit quietly? History tells us no such thing, mostly because no such thing happened. Rather, even before the Lancaster House conference, KADU (and its settler allies) strained every sinew to get a majimbo constitution. KANU realised (i) it would be in power, and (ii) that to fight the majimbo constitution would be to delay independence. It (in the persons of Mboya, Kenyatta and Odinga, especially) made clear that it would dismantle the majimbo constitution once in independent power. They were better than their word: Odinga pere, as Minister for Home Affairs began to subvert the majimbo provisions of the independence constitution before independence: On the eve of independence, Oginga Odinga, as minister for home affairs, prevented the disbandment of the Tribal Police or its removal from the auspices of central government (KNA WC/CM/1/13, Minister for Home Affairs, ‘Future of the Tribal Police’, 21 November 1963). Odinga further retained central government control over the appointment of chiefs (KNA WC/CM/1/13, Minister for Home Affairs, ‘Future of Chiefs and Sub-Chiefs’, 21 November 1963). Both policies contravened the independence constitution by maintaining a parallel police force and contesting the sole responsibility of the Public Service Commission for the appointment of public servants (Kenya, 1963:111, 135). The politics of control in Kenya: Understanding the bureaucratic-executive state, 1952-78Lets quit the sideshows for crying out loud. Odinga was part of the Kenyatta government from 1963 to 1966. He was actually the Vice president so when job talks about the Kenyatta government sabotaging majimbo there is no need to tell us what Odinga did or what Mboya did. They were part of the same government. Sometimes people get so caught up in tribal games. This thread is about how to ensure that the provisions for devolution in our new constitution are implemented faithfully and not sabotaged by selfish interests. Let's not subvert the discussion with irrelevant sideshows. This kind of stuff gets irritating at times. I deliberately chose to ignore such sideshows that have nothing to do with the subject matter. Just treat such desperate attempts at revisionism with the contempt it deserves.
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Post by danielwaweru on Aug 20, 2011 1:07:24 GMT 3
Job, You claim that: History tells us the Lancaster Constitution (which provided devolution) failed precisely because the Kenyatta government sabotaged and denied release of funds to build devolution-supporting infrastructure. We know where we got after that wrong-footed start. Is someone trying to copy the Kenyatta script albeit quietly? History tells us no such thing, mostly because no such thing happened. Rather, even before the Lancaster House conference, KADU (and its settler allies) strained every sinew to get a majimbo constitution. KANU realised (i) it would be in power, and (ii) that to fight the majimbo constitution would be to delay independence. It (in the persons of Mboya, Kenyatta and Odinga, especially) made clear that it would dismantle the majimbo constitution once in independent power. They were better than their word: Odinga pere, as Minister for Home Affairs began to subvert the majimbo provisions of the independence constitution before independence: On the eve of independence, Oginga Odinga, as minister for home affairs, prevented the disbandment of the Tribal Police or its removal from the auspices of central government (KNA WC/CM/1/13, Minister for Home Affairs, ‘Future of the Tribal Police’, 21 November 1963). Odinga further retained central government control over the appointment of chiefs (KNA WC/CM/1/13, Minister for Home Affairs, ‘Future of Chiefs and Sub-Chiefs’, 21 November 1963). Both policies contravened the independence constitution by maintaining a parallel police force and contesting the sole responsibility of the Public Service Commission for the appointment of public servants (Kenya, 1963:111, 135). The politics of control in Kenya: Understanding the bureaucratic-executive state, 1952-78Lets quit the sideshows for crying out loud. Odinga was part of the Kenyatta government from 1963 to 1966. He was actually the Vice president so when job talks about the Kenyatta government sabotaging majimbo there is no need to tell us what Odinga did or what Mboya did. They were part of the same government. Sometimes people get so caught up in tribal games. This thread is about how to ensure that the provisions for devolution in our new constitution are implemented faithfully and not sabotaged by selfish interests. Let's not subvert the discussion with irrelevant sideshows. This kind of stuff gets irritating at times. (1) Fraid not. The thread kicked off with a post of magnificently partisan silliness regarding devolution, in which it was argued that ODM's party-political advantage would be served by taking a variety of interventions in the devolution debate. Subsequent contributions have been historically ill-informed. There are less impressive things in the world, but partisan silliness backed by historical mischief is worth calling out, especially when policy prescriptions are to be drawn. (One might compare job's contributions to Mutakha Kangu's, which I've been privileged to hear. The man knows his stuff, and has paid very careful attention to both the politics and the history. One notices, for example, that job has paid insufficient attention to the tricky problem of squaring devolution with a national land commission---not a mistake Kangu would make.) (2) Odinga's contribution is worth highlighting because of its vigor: others in KANU opposed majimbo; his prosecution of the anti-majimbo agenda stood out even in this company. (He wasn't Vice President at the time, incidentally.)
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Post by danielwaweru on Aug 20, 2011 1:16:10 GMT 3
Lets quit the sideshows for crying out loud. Odinga was part of the Kenyatta government from 1963 to 1966. He was actually the Vice president so when job talks about the Kenyatta government sabotaging majimbo there is no need to tell us what Odinga did or what Mboya did. They were part of the same government. Sometimes people get so caught up in tribal games. This thread is about how to ensure that the provisions for devolution in our new constitution are implemented faithfully and not sabotaged by selfish interests. Let's not subvert the discussion with irrelevant sideshows. This kind of stuff gets irritating at times. I deliberately chose to ignore such sideshows that have nothing to do with the subject matter. Just treat such desperate attempts at revisionism with the contempt it deserves. The authors of the piece are among the most respected political scientists working on Kenya. The sources marked KNA are publicly available in the Kenya National Archive (on payment of the relevant researcher's fee). If you have some evidence that what I've said is false or irrelevant, you will, I'm sure, be quick to produce it.
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Post by job on Aug 21, 2011 5:50:46 GMT 3
I deliberately chose to ignore such sideshows that have nothing to do with the subject matter. Just treat such desperate attempts at revisionism with the contempt it deserves. The authors of the piece are among the most respected political scientists working on Kenya. The sources marked KNA are publicly available in the Kenya National Archive (on payment of the relevant researcher's fee). If you have some evidence that what I've said is false or irrelevant, you will, I'm sure, be quick to produce it. Lord, how did I miss this! In my view, Daniel Branch & Nicholas Cheeseman may be your piece of cheese but they ain’t authority in my own country’s history. I hope you get it. You and other wazungu (even if you hide under blackman handles) will neither fool nor hoodwink a lot of us Africans. You will not rewrite our own history as we experienced it! Stop dreaming fella!
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Post by jakaswanga on Aug 21, 2011 16:07:09 GMT 3
The authors of the piece are among the most respected political scientists working on Kenya. The sources marked KNA are publicly available in the Kenya National Archive (on payment of the relevant researcher's fee). If you have some evidence that what I've said is false or irrelevant, you will, I'm sure, be quick to produce it. Lord, how did I miss this! In my view, Daniel Branch & Nicholas Cheeseman may be your piece of cheese but they ain’t authority in my own country’s history. I hope you get it. You and other wazungu (even if you hide under blackman handles) will neither fool nor hoodwink a lot of us Africans. You will not rewrite our own history as we experienced it! Stop dreaming fella!job, I want to self-appointedly go sherrif on you, and give you a double barrelled hold-up here on Jukwaa [on this land issue]. You give an excellent historical overview and worthy economic insight into the predicament of Kenya vis-a-vis land, but then you shoot yourself in the foot by going the [old] Miguna’s way: that is, seeing the glaring evil only in the eye of the PNU bandits. After your ridiculous and fascitoid dismissal of the two writers linked by danielwaweru, I think you need to be called to order. Why do you think Orengo is so ineffectual as minister of lands, while this is the spark which set the Rift aflame? [surely a vote-winning issue squandered in broad daylight, forcing Raila to spinelessly pander to well known intransigent and reactionary pillars, in his latest bid for the presidency?]. This inability of good minds like yours and Miguna to be clinically dispassionate in the apportioning of blame with respect to the PNU/\ODM divide is in my opinion, a complex of dangers the equal of the impunity we all loathe in the motherland! PNU and ODM are not that dichotomous. In this I am afraid you let yourself be easily fooled and hoodwinked! On The lancaster constitution failed...The series of ammendments that mutilated that constitution are all on record. The evolutions from removing the prime minsterial job, swallowing of KADU, the banning of KPU to Mboya’s president is above the law clause, to the de facto and soon after to [Njonjo’s] de jure one party state, and finally the peak, --the mutation into the imperial presidency of Moi with KANU confining the opposition to the graveyard. Under different ethnic alliances at different phases and stages of convulsion, the same class held power. In NARC or GCG we witness the same coalitions trying to re-create themselves and enlengthen their old order, whereby opposition to them must necessarily arise, carrying the tidings of the third liberation. You will need more than your [black] race or continent of origin to dismiss the work of Daniel and Cheeseman!
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Post by job on Aug 21, 2011 18:28:02 GMT 3
job, I want to self-appointedly go sherrif on you, and give you a double barrelled hold-up here on Jukwaa [on this land issue]. You are much welcome..I will self-appointedly chose to be the villain. [/i]You give an excellent historical overview and worthy economic insight into the predicament of Kenya vis-a-vis land, but then you shoot yourself in the foot by going the [old] Miguna’s way: that is, seeing the glaring evil only in the eye of the PNU bandits. [/size][/quote] Did you say 'glaring evil ONLY in the eye of the PNU bandits'? Where is the evidence that I spared ODM from blame? Did I not list a combo of leaders transcending party and ethnic lines - including ODM's own forces resisting land reforms? You mean you failed to see where I listed ODM leaders as being among the forces likely to resist subjecting their own grabbed land to the National Land Commission's scrutiny of ownership or taxation assessments on the idle land? Context is very important when reading and trying to interprete a posting. You are definitely butting into an argument lacking some particular background of the daneilwaweru handle. How does calling out danielwaweru (not necessarily the other two writers) a mzungu revisionist qualify as "ridiculous and fascitoid"? The handle danielwaweru may mislead you into assuming this is a black Kenyan contributor - he ain't...this is a well known mzungu in JUKWAA (with mutating handles) with a penchant for hijacking and side-tracking debate. And he usually comes in with copious links and references to literary articles. This, he usually hopes, would intimidate and stiffle the free flow of thoughts and ideas from other contributors. I'll never fall victim to such strategy of muzzling debate. And for your information - name calling - the likes of fascitoid, ridiculous etc - is yet another tactic that doesn't hinder my freedom of expression. I freely write what I think, irrespective of what Jakaswanga may like! Lets agree to disagree! Why do I get this feeling you tend to rush into judgment. I am the last person you want to accuse of failing to appropriately apportion blame with respect to the PNU/ODM divide. I do it without fear or favour - check JUKWAA's archives before prematurely passing judgment. At the very beginning of this thread, I catalogued a whole series of land-related issues that ODM's Orengo (Land Minister) has not embarked on. I noted the fact that time was running out -essentially alluding to the reality that the delay was in itself sabotaging land reforms. You may have also failed to pay attention to the very title of this thread - ODM: Take Leadership in Devolution and Land Reforms. I was for heavens sake crying out loud to ODM to provide leadership in these two crucial areas - because as per the time I started this thread, they had not!Before you again condenscendingly accuse me of "letting myself be easily fooled or hoodwinked"...please pay attention to the little details, not just those in between the lines, but those splashed and emboldened at the very title (heading)! You will actually need more than a handle- Jakaswanga - to explain where I dismissed Daniel and Cheeseman's work. For crying out loud, I haven't read their book...and by the way, that doesn't make me ignorant of my history....Have you read Daniel and Cheesman's book, to pass your own independent assessment? Gud lawd!
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Post by job on Aug 21, 2011 21:57:53 GMT 3
Away from the distractions, and back to the subject matter!Anyone paying attention lately must have noticed Treasury’s determination to incapacitate the funding aspects of implementing devolution. Whenever discussions about sharing revenue between the national and county governments respectively arise, Treasury is always dithering in a fickle. Uhuru Kenyatta’s capricious and watermelon ways need to be called out!excerpts from a Standard report:Uhuru’s Spokesman Munyori Buku said the Bill was not submitted to the sub-committee due to the controversy around it. He said the Treasury Bill has to be harmonised with the Local Government Bill and has to pass though several processes before being submitted to the sub-committee.
The Treasury has also not given the Attorney General the green light to publish another Bill on devolution, the Commission on Revenue Allocation Bill 2011, although the Cabinet approved it a month ago.
The commission chaired by former CBK Governor Micah Cheserem was constituted in January, after the members were vetted and approved by Parliament, but can not function for lack of a legal mechanism.
The Commission on Revenue Allocation is an independent commission set up under Section 215 of the Constitution.
Its core mandate is to recommend the basis for equitable sharing of revenues raised nationally between the National and the County Governments. www.standardmedia.co.ke/InsidePage.php?id=2000041241&cid=4&ttl=Cabinet%20fails%20to%20debate%20Public%20Financial%20Management%20Bill
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Post by job on Aug 21, 2011 22:28:11 GMT 3
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Post by adongo23456 on Aug 21, 2011 22:52:58 GMT 3
job,
Thanks for your razor sharp focus on the devolution issue. Of course our old friend Alexander (the German) is back with his new handle of danielwaweru. I wonder how Kenyaimagine is doing. But I digress.
I just want to point out a few things. The stumbling block on devolution ridiculously enough seems to be how to define "Government Revenue". Uhuru and the State House kings want to limit revenue that can be shared with the counties to tax collections only. They want to exclude money raise from loans and bonds like Treasury bills as well as grants and donations. That is a con job we will not accept.
So what exactly is government revenue? It sure includes taxes collected from the citizens (except for the M.Ps and ministers who do not pay taxes). It sure must include money raised from loans, bonds and Treasury Bills. Why?. Because all those monies must be paid for by the tax payer. Government revenue also must include proceeds from sale of public assets. Why is this so hard to figure out.
When the IMF or any other agency loans money to the Treasury, the Kenyan taxpayer has to pay them back with interest. It is more or less tax collection in advance. How can anybody in their right mind argue that such monies are not government revenue. That is just nonsense. The same applies to monies raised from Treasury Bills and bonds. That is part of the government revenue and must be shared with the counties.
When it comes to grants from donors there is no problem because such grants are usually allocated to specific programmes and projects and my suggestion is that both the central government and the counties should be free to seek and receive such grants and use them for the projects for which they have been assigned.
Now what exactly is the hold up on the money bills? There are two problems. Uhuru with instructions from Kibaki and Muthaura want to keep money at the centre. In their delusion they think they or their agents will always have a control at the centre.
The second problem is that even the ODM with Raila as a front runner for the presidency think they need the money at the centre. So if the PNU want to keep the money at the centre they are saying OG keep it, we will soon run the centre. It is selfish nonsense but it is true.
The way to unlock this matter is to take the issue to the public who surely want a meaningful form of devolution. So far that has not been done yet but it is just a matter of time. That is where this battle will be won.
It is quiet telling that the government which wants to pay taxes for ministers is saying they have no money to extend the time for the Task Force on devolution. The reality is that the Task Force has done a superb job and the big boys want to dismantle everything they have proposed. So far the PM is not helping that much which is a shame if you ask me. But things will be done right or the matter heads to court. In fact I believe it is already headed there. We will see.
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