Construction Site

My current work location is close to the site where a modern state-of-the-art national library is under construction. The construction workers seem happy as they lift heavy metal bars, work with the hammer and chat animatedly. However this is not without the watchful eyes of site – supervisors who are making regular site visits.

Today has been a very wet day in Nairobi, wishing we had some sunlight reserved from yesterday’s scorching sun. The construction workers have however been working in the rain, as if they don’t feel the raindrops. It got me thinking about their welfare and that of the supervisors.

Here is a construction company glad to execute a strategic project, but this cannot be done solely by machines. The company needs people on the ground who sometimes bear the brunt of the erratic weather conditions.

The more reasons why we should balance between the economic rights of a corporation and the social, economic, cultural and political rights of individuals so as to create a stable and just society. Soon the residents of Nairobi will have a modern library, but let us never forget the great effort of these joyful workers…

Have a warm day.

Balancing economic, social and political interests

Kenya’s vision 2030 has three main pillars, economic, social and political. On the economic front Kenya hopes to improve the prosperity of all Kenyans through economic growth of at least 10% annual growth in Gross Domestic Product (GDP). Socially the country’s vision is to build a cohesive and equitable society. Lastly, politically Kenya hopes to have a democratic state based on issue based politics, rule of law, good institutional governance and protection of fundamental rights and freedoms for all Kenyans.

I am reading the vision document and was quite intrigued by the fact that we have pegged our prosperity to three main pillars. A balance of the three will therefore be critical. We can be truly prosperous if our economy grows rapidly and consistently, achieve social equity and have a stable democracy.

An institution or individual whose goal is to promote any of the three pillars should also keep a close eye on the other two pillars. For instance civil society should put the state to account on each of the three pillars. It is only by having a true balance of the three that we can ensure that every Kenyan enjoys the nation’s prosperity in a stable society.

To all young aspiring entrepreneurs

http://www.forbes.com/sites/brockblake/2012/11/30/why-20-somethings-are-the-most-successful-entrepreneurs/

Why we succeed at 20..

The 'Matatu' madness: What about business owners?

When operators of public service vehicles decided to strike, I was in the library studying a beautiful course - Financial Institutions and Markets, once in a while reading about successful entrepreneurs. A city that was alive with business activities was now spotting streams of people walking fast from their offices. That was 4pm. The following day, a Friday, 'furahi day' (happy day) many never turned up for work.

This then got me thinking what tremendous losses entrepreneurs have incurred as a result of lost man hours. What about our economy?

Thats why i advice before standing with a loud speaker claiming, your right...think about the rights of others and how they will be affected by your action. I do not say that we terolate violations or that we keep our problems to ourselves. But some caution and responsibility is required. This is the message leaders must promote.

I wish the many hardworking entrepreneurs who felt the impact of the strike, well and recovery in days and months to come.

Education for all

“The right to education must remain the foundation for advancing the Education for All agenda” – UN expert
The United Nations Special Rapporteur on the right to education, Kishore Singh, today called on world governments to ensure that the right to education guides their efforts to meet the Education for All* objectives of providing quality basic education to all children, youths and adults by 2015.
“We must make sure not just that an ever greater number of students gain access to primary education, but that governments ensure education is an enforceable right for their citizens, is of high quality, and provided equally without discrimination,” Mr. Singh said following the first UNESCO-led Global Education for All Meeting in Paris.

“We must take full care that the learning crisis is not prolonged,” the UN expert stressed. Referring to his 2012 report to the UN General Assembly on technical and vocational education and training (TVET) from a right to education perspective, the Special Rapporteur emphasized that quality imperatives are inextricably linked with TVET, which is emerging as an area of critical importance in education and learning.
The Education for All initiative provides a framework for governments to accelerate progress for meeting EFA goals by 2015. “The right to education means more than just being able to attend school,” the UN expert said. “Increasing access without ensuring the quality of teachers, curricula and schools will not improve our societies. We must also ensure schools are accessible for all students, including women, rural or economically disadvantaged students.”
The Special Rapporteur called on governments to enact legislation to ensure minimum quality standards are set for teachers and educational curricula, and to address inequalities in education, particularly for girls, minorities and poor children. “States must take their international legal obligations seriously, and must ensure that their domestic legislation meets such obligations,” he added.

(*) Education for All: http://www.unesco.org/new/en/education/themes/leading-the-international-agenda/education-for-all/

No business as usual

The Constitution has changed the environment in which people operate. Most critically it has also changed the context in which businesses are run. Present age business managers should seek to understand the change in the legal and social dynamics brought about by the new Constitution. To put it in simpler terms, its no-longer ‘business as usual’ for business enterprises.

This is particularly so for foreign investoers seeking to explore the various investment opportunities or local start-up companies

More to follow but what are your views.

Amnesty International: Staff on strike!!!!

Employees at Amnesty International do have problems in matters of employment law. They defend rights but they also need protection. This makes labour law quite interesting. I guess all of us desire individual justice.

But i was also impressed to see that A.I plans to establish a regional hub in Nairobi. Follow the link and read this captivating story.

http://www.independent.co.uk/news/world/politics/animosity-international-staff-on-strike-in-amnesty-offices-across-the-globe-8317303.html

Lamu Port: What of future generations?

Sign: Lamu port project

Travelled to Lamu a while back, doing investment work. Dont ask for details, its classified.

However i was amazed by magnitude of the projects the government hopes to undertake. The 'gold' rush is on, people running to purchase property and the inhabitants of Lamu eager to sell and earn monies they never dreamt of.

In all this i wondered, are we thinking of future generations?

Do we have a balanced approach to investments in Lamu?

Section of the ground cleared for the port

Police Go Slow: Does our Constitution allow??

There are reports that the Kenya police will start a go-slow next week. They are dissatisfied with their current wages. The labour market is just becoming more and more interesting. The more reason why we should move towards a balanced approach to labour relations in the public and private sectors.

I hope the matter is resolved by the government soon. Among all the strikes we have had this year, teachers and doctors, a strike by the police would be dissastrous.

Cant help but think, who is advising the government on labour relations??

Righting the Balance!!!!Social Justice

'Women and men without jobs or livelihoods really don’t care if their economies grow at 3, 5 or 10 per cent a year, if such growth leaves them behind and without protection. They do care whether their leaders and their societies promote policies to provide jobs and justice, bread and dignity, and freedom to voice their needs, their hopes and their dreams...'

See the book by -Juan Somavia at: http://www.ilo.org/global/publications/books/forthcoming-publications/WCMS_185369/lang--en/index.htm

Why balance?

Now this is why we should balance. This week business men are being killed in Kisumu County (my condolences).

I then asked, why investors while they are contributing to job creation and improved welfare for families and communities?

An answer started developing...it is not just about profits, since investors run their enterprises within a society or community. Therefore, the issues affecting the society (famine, insecurity, elections, school, water, environment, transport, Internet, church, floods ... the list is endless) equally affect the investor.

An investor cannot dare take an 'i don't care' attitude. What affects society, affects your business.

As an investor i have come to learn and appreciate -the balance. That is why i respect and uphold the dignity of the people working in my enterprice, my customers and general members of the community.

Convinced?

The balance!

Businesses should learn how to balance between the rights of corporations and human rights so that we can secure a safe and stable future for future generations. But ... why balance?

What profits?

Its not just about profits, but clean profits....

Fascinating examples on stewardship from Forbes

http://www.forbes.com/sites/briansolomon/2012/09/18/david-green-the-biblical-billionaire-backing-the-evangelical-movement/

Peace, Security and Business

Peace and Security provide a good environment for investments, growth and increased social transformation. Africa must therefore invest in ensuring peace and security so as to attract and retain investments.

Lamu Investment

Vision 2030, Lamu Port. We have great investment opportunities that we must utilise as Kenyans. As we invest we must balance between investment and human rights. However i commend our Government for a great vision.

Security and Business

The security of our nation is critical to a sustainable business environment.

Teachers and Doctors strike

The unions representing doctors and teachers and the government must learn to negotiate on the basis of balancing the competing interests and rights. Hard line positions will not serve our nation any good. Thats good sense.

Insecurity: What is the real problem

The insecurity and tension we face in our country is a result of unequal distribution of resources. It is the high time that as a nation we learn how to balance between the rights of corporations and human rights.

Responsible Investing: CSR

As a country we cannot take pride in economic growth and progression, while our people still fight over resources and struggle to feed our children.

Corporate Social responsibility projects by corporate organisations must now, like never before, address the fundamental needs of the majority.

Corporate Environmentalism: Voluntary Environmental conservation

CORPORATE ENVIRONMENTALISM

Laws are meant to govern relations between people in society. What then happens to a society that already has a high form of organization? Is it possible to have a society that does not require strict legal regulation?

I came across the term ‘corporate environmentalism’ that provokes my thoughts about this broad topic.

The term simply means corporate organizations investing in environmental conservation without waiting for the ‘hawk eye’ of the law. It means that companies voluntarily taking steps to ensure that their activities are environmentally friendly. It means that citizens who have come together as a corporate body, taking individual steps to conserve the environment. It avoids a hostile approach to environmental conservation and in contrast emphasizes partnerships and co-operation.

I hope we can learn from this.

Want to buy a company, what about employees..

I recently highlighted the tussle between Kenon Kobil and its employee's relating to the acquisition of majority stake by Puma Energy.

Well this is the point. It is important to ensure a balance between the Kenol Kobil's rights and the right of the employees to fair labour practises.

So what should other companies learn from this. First, i support investments since they are a necessary part of our livelihoods. However i also believe that investments must be people-focused. As such a company cannot be stopped from entering into strategic partnerships, mergers and acquisitions and other forms of take overs. This is an important right for every corporation, since it ensures profitable growth by establishing new business lines or growing existing ones. If the deal has the necessary legal approval, the directors shake hand and move on.

Secondly, as executives shake hands and toast to a deal, they must be reminded that their decisions will directly affect employees. In this regard, the Talent Acquisition/Human Resource department should bring its employees to understand the deal. They should ensure that employees are well protected and make them know this. If employees will be retrenched, give them good send off packages, recommend them to prospective employers, help them develop business plans (to start their own small and medium ventures) and ensure that they leave peacefully.

Lastly, updating employees on the progress made in the deal on matters affecting them will also help avoid conflict (real or imagined). I have laernt that in life, people relax when given the right information and panic when kept in the dark.

I strongly believe that resulting to courts to resolve anticipated disputes is not good for the corporation or employees. The matter will most likely delay in court and both parties bear the costs. In addittion in a global business world, the reputation of the company may be dented if such a process is handled carelessly.

All in all a focussed balance of rights, entitlements and interests will go along way to ensure investors reap from their investments.

Rio+20: Business, Human Rights and Sustainable Development

The UN experts on business and human rights are not pleased with the outcome of the Rio+20 conference. This an interesting subject for CROPRI knowing the critical role businesses play in our economies and the need to balance their interests with human rights, so as to have a stable society that guarantees sustainable liveliohoods for present and future generations.

Enjoy reading it.

Business must respect human rights for truly sustainable development – UN expert body on Rio+20

GENEVA (28 June 2012) – A United Nations expert body* charged with the promotion of respect for human rights by business of all sizes, in all sectors, and in all countries, expressed concern that the outcome document of the UN Conference on Sustainable Development in Rio de Janeiro, failed to explicitly mention that business should respect human rights in the drive to a green economy and sustainable development.


“Businesses will play a major role in developing the green economy and human rights safeguards are necessary to ensure that policies and business plans intended to advance environmental or development goals do not negatively impact people, communities and their livelihoods,” said Puvan Selvanathan, who currently heads the five-strong UN Working Group on Human Rights and Transnational Corporations and Other Business Enterprises.
“Inclusive, equitable and sustainable development can only become a reality when human beings are the central concern and their rights are realized and respected,” Mr. Selvanathan stressed. “Human rights must be internalized in both principle and practice, especially in the transition to a green economy.”
For the Working Group, internalizing human rights means at a minimum implementing the UN Guiding Principles on Business and Human Rights (see below), a set of internationally accepted guidelines, which provide a global standard for preventing and addressing the risk of adverse human rights impacts linked to business activity.
“States need to send clear and coherent messages that companies should respect human rights as the world creates a green economy, by exercising due diligence and ensuring access to effective remedies for those whose rights are adversely affected by business activity,” Mr. Selvanathan underscored.
Besides promoting and disseminating these Guiding Principles, the Working Group ensures that they are effectively implemented by both governments and business, and that they result in improved outcomes for individuals and groups around the world whose rights have been affected by business activity.
The UN Working Group called on States and business to work with it, civil society and other stakeholders, on ensuring that the path to sustainable development set up at Rio+20 is undertaken, while protecting and respecting human rights

Where do employees stand when a company is bought?

Puma Energy is in the process of buying KenolKobil. It remains to be seen how this deal will be finalised and how KenolKobil prospect will change with such huge capital injection. However and most importantly is the various players in the entire deal, both direct and indirect participants and stakeholders. In this regard several questions came to mind after i read that employees at KenolKobil have sued to stop the sale.

So, do the employees have a stake in the deal? If, yes what is the extent of their interest? How do we balance the rights of the corporation to seek strategic shareholders through such a deal and the rights of employees? What is the best mechanism of balancing such rights; negotiations or litigation in court? These thoughts will occupy my mind in the coming days and i hope to address all of them.

Become an E-Coach

Association of African Entrepreneurs - Become an E-Coach
The Youth Employment Network (YEN) is a partnership of the United Nations, International Labour Organziation, and the World Bank set up after the Millennium Summit in 2001 to find new and durable solutions to the youth employment challenge. YEN is managed by a permanent secretariat hosted by the ILO in Geneva with field offices in Dakar, Senegal, and Dar es Salaam, Tanzania.

The Association of African Entrepreneurs is a Pipeline partner of the YEN Marketplace E-Coaching Program, where our specific role is to help attract young entrepreneurs and e-coaches from around the world by sharing the opportunity to apply for the E-Coaching programme.
Volunteers are invited to serve as AAE E-Coaches on the YEN program, where they provide crucial mentorship for young entrepreneurs with lots of ambition but not much experience.



Read More

http://wp.me/p2lINC-3R

Corporate (Bank) bailouts; Whose interests?

When a company is in need of a bailout, to avoid collapse or near-collapse, for whose benefit is this being carried out. How to we balance between the interests of the company, shareholders and the general public during such bailouts.

It is important that bailouts are not done for the mere reason of saving a corporations. Behind the corporate entity are people who should be put to account. Shareholders and the general public matter and must be considered.

Here is a short piece i found on forbes

 http://www.forbes.com/sites/nathanvardi/2012/06/11/the-worst-bailout-yet/

hope you enjoy reading.

Common Linkedin passwords hacked

Here is an interesting piece on securing passwords "Top ten Linkedin hacked passwords"
http://www.forbes.com/sites/anthonykosner/2012/06/11/unbelievable-top-10-hacked-linkedin-passwords/

A good image will to along way in safeguarding your professional image in Linkedin.

Cheers.

Condolences

Corpri sends sincere condolences and God's peace to the families, relatives, friends, colleagues and indeed all Kenyans for the loss of six Kenyans in the Ngong Helicopter Crash.

Let us continue to make the security of all Kenyans and the various enterprises they operate a primary concern for us all. Let us also continuously pay close attention to the security of our aircrafts.

Internet Security and Business

Last week i had the misfortune of my email account being hacked. My personal data was compromised and i still cannot fully detail the extent of the damage. I also regret that this may have caused a ripple effect of abuse on my friend's, colleague's and associate's accounts.

It all started with an innocent looking email from a friend. It was so enticing since it related to business and online trading. I fell for it and the results were a disaster. I quickly tried rectifying the account while away from Nairobi over the weekend but the same proved futile i had to wait as the criminals vandalised my account. I am glad that the error has now been rectified.

Had the account contained any business data and  information, it would call for a declaration of a Personal Investment Disaster.

Now i have come to think about it, today we can literally trade at the comfort of our office or house thanks to Mobile and Online Trading.

You can make offshore investments as you work here in Kenya at the click of a button. Today you can invest in a public company through Mpesa. For instance AIB Capital has recently introduced AIB Mobile service for trading in stocks. This is possible due to enhanced Internet connectivity and the magic of mobile money (what i call the 'pesa mkononi' revolution).

Large and Small enterprises are now turning to e-solutions to manage their ventures in a more cost-effective means. Cloud computing is now the preferred solution to handle shared data within an organisation and has revolutionalised application of computer programmes. Internet providers and software developers are competing to introduce new and innovative produsts by the minute.

The above brief exposition is the reason why we must take On-line security most seriously. Imagine the loss a business can incur if its systems are compromised or the government if a hacker infringes its system, as it happened for the Kenya Police Website awhile back. Confidential information can be shared with and billions lost through to criminals.

Let us all take Internet security seriously and this includes the security of our mobile phones, tablets, PCs the list is endless....atleast i am now very keen on this and have learnt valuable lessons the hard way.

Moi Avenue Blast: Business and Security

My empathy to the victims and entrepreneurs of yesterday's blast along Nairobi's Moi Avenue. Let us work hard to make our country a safe haven for investments and trade.

I hope that entrepreneurs take individual and collective measures to ensure the security of their enterprises. May God restore the hopes and dreams represented by the hardworking business men and women who were affected.

Wise Advice for Small Entreprenuers

Murori Kiunga has very sober advice for small enterprises on the best strategy to grow their business though focus and determination as opposed to what i call 'jumpy - jumpy' joe. Enjoy reading the article in the Business Daily

http://www.businessdailyafrica.com/Make+sure+your+businesses+have+distinct+legal+identities+/-/1248928/1415338/-/6lifsa/-/index.html

Corporate governance for parastatals

There is ongoing debate on the role of the Board of Directors in state corporations in Kenya. The Boards seem to have unending conflicts with the management. The role of the state through the minister is also very confusing since ministers seem to hire and fire at will.

The suggestion of an oversight body to supervise all parastatals has come up strongly. The Prime Minister has opposed the creation of an oversight body to supervise Parastatals since this would only create government bureaucracy.

I must say that i buy the Prime Minister's suggestion since government bureaucracy does not attract investment both from local and foreign investors.

I believe that it is the high time the government embraced corporate governance principles in all corporations. If for no other reason, since these state corporations belong to the Kenyan public. The Board of Directors need to be appointed independently and its role separated from that of management. Interference from other state agents needs to be eradicated.

Business investment: Views from UN Experts

South-East Asia / Agrofuel: UN rights experts raise alarm on land development mega-projects







GENEVA (23 May 2012) – Two United Nations experts on food and indigenous peoples today urged South-East Asian states not to sideline the human rights of communities across the region who derive their livelihoods, traditions and ways of life directly from their natural environments.






“Governments must not be seduced by the promises of developers when assessing large-scale land acquisitions for export-led crops and agrofuel production,” said the UN Special Rapporteur on the right to food, Olivier De Schutter, and the UN Special Rapporteur on the rights of indigenous peoples, James Anaya, highlighting acute cases of competing land interests in South-East Asia, where agrofuel developments are rapidly expanding.






“Development is not always the outcome, however many jobs and export dollars a project promises to yield,” the independent experts stressed. “New economic opportunities, and new, more intensive uses of land, must not be at the expense of the human rights of local populations.”






“Governments must step up their vigilance in regard to large-scale land acquisitions to ensure that the fundamental rights of these communities are not violated, be they small-farmers, fishers, hunters, foragers or craftsmen,” they said.






Moves to convert 1-2 million hectares of rainforest and small-scale farming plots to an export-led crop and agrofuel plantation in the Meruake region of Indonesia could affect the food security of 50,000 people. Some 3,000 hectares of so-called ‘idle’ land has been converted to sugar cane for agrofuel production in the Isabela region of the Philippines, with a further 8,000 hectares due to be added, meaning a major land transformation and uncertain impacts for the municipality’s 45,000 inhabitants.






“Large-scale monocrop developments mean a wholesale shift in land use and land access,” warned the Special Rapporteur on the right to food, noting that the benefits of these projects accrue principally to multinational firms who export agrofuels or food crops to international markets.






“All too often, this is to the detriment of existing land users. If the environment they depend upon is repurposed, degraded and placed off limits, their ability to produce or to procure food – and thus their right to food – will be severely threatened,” De Schutter said.










“These are mostly indigenous families whose traditional livelihoods are rooted in their local environment,” Anaya warned. “Communities are often ancestrally tied to the areas in question and may not possess official deeds to the land, making their tenure highly vulnerable in the face of land conversion deals.”






”Converting bio-diverse forest land to intensive monocropping can entail wide environmental impacts, from the loss of forest-dwelling game species in Meruake, to reduced resistance to flooding and landslides in Isabela,” the Special Rapporteurs noted. “We must also be sensitive to the impacts of sudden influxes of workers on local food access, traditions and ways of life.”






The UN experts expressed concerns about an apparent lack of adequate consultation and transparency in both land acquisition processes. In neither case are indigenous communities believed to have been sufficiently informed and consulted about the land acquisitions and their repercussions on local life.






They also noted that major question marks hang over the land lease and compensation arrangements through which land is changing hands in Isabela, while in Meruake police intimidation and the signing away of land rights under coercion have been alleged.






Both experts urged the South-East Asian Governments “to align – as a matter of urgency – their biofuels and investment policies with the need to respect land users’ rights as detailed the voluntary guidelines on land tenure*, as adopted by States this month in Rome within the Committee on World Food Security.”






(*) Check the Voluntary Guidelines: http://www.fao.org/nr/tenure/voluntary-guidelines/en/

Facebook IPO

Hi, of course you know that the buzz word relating to Initial Public Offers (IPO) in the recent days has been the facebook IPO. An IPO in simple terms means through which the public buys a portion of a company. both small (retail) and large investors (institutions) invest through an IPO. The attention generated from this IPO probably resembles that generated by Safaricom in East Africa. I believe that we can all learn from facebook's history and progress.

 You can read information on the IPO on Forbes.com just follow the link below.

http://www.forbes.com/facebook-ipo/

Visionary Business Structure

I have had very insightful discussions with friends on political Leadership in Africa. I however i believe that as business leaders we can draw a lesson or two from our discussion. 

Our main point of discussion was that effective leaders must have a vision. They must then come up with a strategy for achieving the vision and move to implement it. A leader must be sensitive hand over to the next generation of leaders once their vision is achieved so that we can have a cycle of good and effective leaders.

A business whose corporate structure is organised around my simple guide on leadership, and focuses on people is bound to enjoy prosperity in the long haul.

True Kenyan Spirit

I was taking an evening walk on Government street in Machakos. At 6:00pm a whistle was blown and everybody stood still. Motorists also stopped to respect the flag. Cyclists also halted. An old man went further, he took off his cap. I was the only person walking but then i also stopped to observe the residents. I have not done that in a long-while and enjoyed respecting the Kenyan flag together with fellow Kenyans. We all stood irrespective of our tribe, political affiliations or social status. We were truly one.

Human face to justice and Business

Just back from a training on trial advocacy. Well im just tired from the study lessons and insightful interactive sessions that were intensive.

The main lesson from the training was that i need to put a human face to my work as an advocate. Our profession has been described as hostile. We cant wait to win to prove that we are the best. We are highly competitive. We treasure using legal lunguage to prove that we know it all. We intimidate both inside and outside our legal engagements. The conclusion is this, we must tell stories that people can relate to. Like telling a story to a grand mother.

On the same note business and investments is all about people. Corporations are run for and by people. Businesses exist through people and for the benefit of communities. We cannot delink our businesses from the communities we operate them from.

Have a people-oriented week.

Young Venture Capitalist on the Go..

Chaeck out the story Joshua Kushner on Forbes.com

http://www.forbes.com/sites/stevenbertoni/2012/05/02/the-26-year-old-vc-who-cashed-out-in-instagram/

Image of an ideal board of directors

 Recently there has been interesting developments in relation to corporate governance in public companies and parastatals has got me thinking. What is the ideal image of a good board of directors? How can we identify a company that is run responsibly before investing? 

Well here are some cartoon photos that provoked my thoughts. Tell me what you think about them.

Add caption

Lessons from Base Resources Ltd's Kwale Mining project

On Saturday i attended a Mind speak discussion organised by Rich Management. The guest speaker was Tim Carstens the Managing Director of Base Resources Limited. Base Resources is an Australian mining company listed on the Austlian stock exchange. Its market capitalisation is 244 Million Dollars. The company is currently engaged in Mineral Sand mining at Kwale. The company estimates that there are 1.4 billion tonnes of mineral sand deposits. Exploration will take about thirteen (13) years and it estimates that the project will earn the company about 1 billion dollars.

Most interesting to me was the process of convincing strategic investors to fund the project. Mining being a capital intensive business, the company first set out to convince local fund managers. Interestingly, local investors were not willing to invest in mining. It remained a foreign trade to them. Talk of missed opportunities. The project is therefore funded by foreign investors including banks that gave credit facilities.

The second most fascinating thing was on the project's community approach. Recalling that last week i shared my brief thoughts on Responsible Business, the company gave me new insights on, community mutual-benefit and partnership. Tim was very candid that without the support of the local community mining projects can be disastrous. The company has incorporated various community aspects to the project including having a data base for all skilled and semi-skilled workers from the neighbouring community.

Tim also shared that the by-products of the mining process especially clay can be used by entrepreneurs in income-generating ventures (better than making traditional pots). The company's investment in infrastructure will also go along way to benefit the community both during and after the project. The company's balance between business interests and community interests in commendable.

I hope to visit Kwale to experience the progress being made in the mining sector and hope to have a few investors on my train.

Panel discussion on Corporate Governance

I enjoyed this discussion on corporate governance. Have a look at it.

But i cant help think of how such information can reach young people in my home village on the slopes on Mt. Kenya. Anyway please follow the link.

http://www.youtube.com/watch?v=k1JU05YP44I&feature=relmfu

Responsible Business

I came across a lecture, that provoked my thought on responsible business.

So when can we say that a company is carrying out responsible business. Well there are two perspectives to look at it. One is that the company's activities are ethical and contribute to social well being. But we all know that all companies cannot plant trees and take care of the environment. The second is that the company has some corporate social responsibility activities, build a school, plant trees, dig a bore hole and the list is endless. But we also know that these projects may not have the long term impact required as compared to the main business of the company.

I think that the only way to be a responsible business is to balance the various competing interests. Carry out CSR but balance it with business activities that promote the well being of people, whether directly or indirectly.

Here is the link to the lecture by Lynn A. Stout on Corporate Governance- What do shareholders really value?
http://www.youtube.com/watch?v=s5Eoy988728&feature=relmfu

Protecting Minority shareholders

I believe that although the majority shareholders have their way, we should also listen to minority shareholders. The balance between the interests of the two classes of investors is key to having a healthy company. Enjoy reading a related article in today's business daily through the link below.

http://www.businessdailyafrica.com/Kenya+trails+neighbours+in+protection+of+shareholders+/-/539552/1389304/-/v3yii2z/-/index.html

Responsible exploration and development

As we explore oil, invest and develop, which i totaly support, lets also mitigate the effect of such exploration on future generations. This applies more particularly as regards to the environment. In the case of Turkana, let us develop and at the same time envision Turkana in 100 years and maintain a balance between rights and obligations.

Best strategy to resolve commercial disputes

I came across this quote that afformed my belief that we should as much as possible, avoid draging commercial disputes to coourt:

"Discourage litigation. Persuade your neighbour to compromise whenever you can. As a peacemaker the lawyer has superior opportunity of being a good man" Abraham Lincoln (1809 - 1865)

Alternative resolution of disputes depends on the good will of the parties. Advocates should also help parties resolve the dispute. At the end of the day, it pays to resolve a dispute amicably rather than taking the judicial process. This process will be faster and more efficient. In addittion business and investments will not be adversely affected by court disputes.

So lets agree and move on with business, shall we.

The blog is back!

I last posted on this blog in September last year. I have been keenly researching within and without on the true purpose of this blog. I wanted to do something from deep within, something that i am passionate about as a person and an advocate. I wanted to contribute towards change in a different way.

Well soul searching is over folks. Today i received news about an investment i had made that affirmed my decision. I am now very keen to share information, ideas, news, views, experiences and insights on the rights of Corporations.

Briefly, if a corporation is a separate person in law, does it have rights? What about responsibilities? It is obvious that we cannot do without investments, in the very least that is how we create jobs for our skilled and unskilled workforce.

But how do the rights of corporations and the right to development and enjoyment of resources balance with the rights and responsibilities of human beings? Thats my purpose, thats my passion. Lets keep the discussion going.

UN expert on the human rights of internally displaced persons

Dr. Chaloka Beyani, the United Nations Special Rapporteur on the Human Rights of Internally Displaced Persons is currently visiting Kenya till 27 September 2011.

This come in the wake of the second round of confirmation hearings at the International Criminal Court
 http://www2.ohchr.org/english/issues/idp/index.htm

The Executive cannot interprete the Constitution.

The Executive has recently proposed amendments to the Constitution, i still wait for the draft Bill. But in the meantime, i have some thoughts.The role of the executive's basic role is to enforce the law including the constitution. The executive has usurped the role of the Judiciary by interpreting the constitution and concluding that elections should be held in December 2012, instead of August 2012 as clearly stated in the constitution. By suggesting December 2012 as the elections month, the executive has gone beyond the plain letter of the constitution.

In addittion the executive has read the constitution (as we all have) and concluded that the one-third gender rule cannot possibly be implemented. Recalling that the High Court recently ruled on this principle in the case of Federation of Women Lawyers (FIDA) and Others v Attorney General and Others. The court stated that parliament ought to be afforded time to enact legislation to enforce the principle.

The executive should therefore only act after the judiciary has conclusively ruled that elections must be held in December 2012 and that it is next to impossible to implement the one-third rule in Article 27.

Constitutional amendments at this stage are therefore unlawful and are not in the best interests of this country.

Should Parliament Amend the Constitution

In my recent post, i highlighted that it is possible for parliament as presently constituted to amend the constitution. We now explore the question whether parliament should indeed do so.

Prior to this we also need to establish in whose interests such an amendment is proposed. Who is the ultimate beneficiary? Who will celebrate? Will the process elicit the same enthusiasm Kenyans had on 4 & 27 August 2010. Did the drafters of our constitution, in the very least, expect the Constitution to be amended in one year.

Needless say, any proposed amendment is not in the best interests of this country. We  have one weapon, public participation. It is the shield with which we must stop any arrows of the adversary.

Can Parliament amend the Constitution?

It is reported that Parliament has approved a Constitutional Amendment Bill. Details are still scanty, but the question we need to answer is whether Parliament has the authority to amend the Constitution at this stage. This post is less concerned with the question whether Parliament should amend the constitution.

The constitution can only be amended Parliament, that is the National Assembly and Senate. According to the transitional clauses the current National Assembly has authority to act both as the National Assembly and the Senate. The proposed amendments will address Article 27, 81, 101 and 136 of the Constitution. Article 27 (of the Bill of Rights)  is the equal protection cause and therefore protected clause. This means that an amendment must be approved through a referendum. I estimate that it will be an uphill task to amend this constitution at this stage.

Of critical importance is the requirement that the public must be involved in the process. The Commission on Implementation of the Constitution (C.I.C) must be involved since we are still in the transition period. Kenyans must remain eternally vigilant and Parliament must know that we are watching keenly. The judiciary must be ready to interpret the letter of the law as it is, once called upon to do so.

My interim thoughts.

Constitution must safeguard our values for future generations

As we implement the Constitution it must not be lost on us to jealously safeguard the values we esteem as a country. We must be guided by the fundamental question: What laws are we enacting for future generations? What values are we passing on to the next generation.

This i believe has to involve moral, social and political considerations. Overemphasizing one consideration at the expense of the others will only lead to stunted growth towards a free society. Ignoring one consideration as a nuisance will lead this nation towards the road of perpetual destruction.

Is ICC a International Political Court?

The Prosecutor of the International Criminal Court was requested by the United Nations Security Council to conduct investigations on alleged International Crimes in Libya, on or about 15 March 2011.

A few minutes ago, it was confirmed that the Prosecutor will seek arrest warrants against Muammar Gaddafi. It is surprising how the Prosecutor was able to gather evidence in such a short time. The process generally raises more questions than answers.

I do not support what Gaddafi is doing to his own country men. But as a nation that has brushed shoulders with the ICC, we must consistently analyze every action taken by the court since we are an interested party, to learn the psychology of the court.

My view is that the court is undoubtedly under the control of certain nations of the world. It is not an independent court particularly as relates to Africa. This has been a fear but it's now a conviction.

African countries must come up with an alternative mechanism of dealing with grave human rights atrocities.

I am passionate about  Africans taking charge of their own problems and opportunities, and certainly this does not include the ICC.

Without a doubt

This year one of my favourite songs is "Without a Doubt". At one point the singer sings "...without a doubt, i have had my doubts".

Without a doubt, we are undergoing the first hurdle toward implementing the constitution. The matter of appointments to the positions of Chief Justice, Attorney General, Director of Public Prosecutions and Controller of Budget has raised constitutional, political, governance and judicial issues that must be analysed critically.

Without a doubt, the question of separation of posers between the Judiciary, Parliament and Executive has been under intense discussion. The jurisdiction (extents and limits) of the High Court and the Speaker has come under scrutiny.

Without a doubt, the President started on the wrong footing and it will be interesting to see whether he will respect the Constitution this time round.

Without a doubt, as we discuss the above issues of national and regional importance, we must be guided by the principles of rule of law, good governance, openness and transparency and constitutionalism.

Without a doubt i shall continue to interrogate these issues.

New year, new challenges exciting opportunities.

African Nations can solve their challenges!

Kenya has finally enacted the critical laws to foresee the implementation of the constitution. The Commission on Implementation Commission, Revenue Commission and Judicial Service Commission are now in place. I congratulate all those who have seen Kenya through this first stage. I know that the road ahead will not be smooth but we can make it, we must make it.

Ivorycoast has post-election challenges, South Sudan is undertaking a referendum for either separation or unity with the government in the North. In DRC Congo President Joseph Kabila wants parliament to remove the requirement for a run-off in case neither party gathers the required 50 percentage, reason being, to avoid the Ivorycoast scenario.

I am of the conviction that as Africans we can manage our challenges. We do not need developed partners and the United Nations to lecture us. We know what we need and we should go for it. Although our developed partners may not treat us as equal partners, African countries must treat themselves as equal partners.

Let us work together for a better African continent.

Discrimination must stop at the bottom and top.

The theme for this years International Human Rights Day is Speak Up....Stop Discrimination.

Well if discrimination has to stop it has to start at the bottom. In our offices, homes, villages, social clubs, village barazas, matatus, planes, the list is endless. In addition we must also address discrimination by the state. This approach is well captured by Article 27 (3) and (4) of the Constitution of Kenya 2010.

In the past more effort has been directed towards addressing discrimination by the state. The government was active in violation human rights. State machinery was used as a tool to oppress and suppress the voice of reason. Torture by the state was the order of the day. Tribalism and nepotism was allowed. Corruption gained popularity.

Article 22 of the Constitution allows individuals to take a case in court if their fundamental rights are or likely to be violated. The article also allows the court to listen to cases where informal documents are presented eg letters. This moves away from the procedural requirement of using pleadings only. It accommodates the illiterate.  Article 23 allows parliament to make a law to give subordinate (read magistrates) courts power to listen to cases on enforcement of fundamental rights. In the past this power was only given to the High Court.

The letter and spirit of the constitution is that rights should be realised at the lowest level of society. Individuals should be to speak up. If we fail to realise this, i believe human rights advocacy in Kenya will be less effective. We must tell both individuals and the state to Stop Discrimination.

Partly, i say this because i am looking for placement to further my training as an advocate. A friend warned me that i should never apply in certain offices since they are obviously biased. I casually ignored since i believe i can work any where and any time and i am the best at what i do. Latter a friend narrated how he had been frustrated by the obvious discrimination as he looked for the same opportunity.

That is why i dare say that if individuals do not stop discrimination, the state wont either. The state is not run by animals or robots, it is run by individuals. Discrimination by the state is perpetuated by individuals.

Good people stop discrimination.

Is the implementation of the Constitution a political process?

Well i have been thinking, should politics be the principle guiding factor in the implementation of the Constitution. Politics has the potential to hold the process hostage.

International Human Rights Day, December 10, 2010.

The world commemorates the International Human Rights Day on 10.12.2010. This year's theme is 'Speak up Stop Discrimination'. The various streams include: Discrimination against indigenous people, migrants, minorities, people with disability, women and religious and racial discrimination.

In Kenya the Constitution now expressly prohibits discrimination.  Human dignity, inclusiveness, equality, non-discrimination and protection of the marginalised are part of our national values under Article 10 (2) b).  Article 27 provides for the right to equal treatment and freedom from discrimination.

I believe that our greatest challenge is to apply and enforce the safeguards in the constitution, to ensure that discrimination is eradicated. We live at a time when discrimination by the state and individual citizens is rampant. It is our role to work for a society where people are treated as people, as God sees them. I am reminded that God does not love me more than my neighbour, he paid the same price for all. I believe that this is the culture we should cultivate. It may take time but we will get there if we work together.

Follow what various intentional, national and regional organisations are doing to mark this day.
http://www.ohchr.org/EN/NewsEvents/Pages/HRDay2010.aspx

Violence or Diplomacy: What should Kenyans embrace

Yesterday i indicated that the tide in Human Rights advocacy. In the past the Moi regime could only respond to demonstrations. But not with an offer to negotiate rather brutal force. My father was a victim during the Sabasaba (July 7)  day in 1992.

However if diplomacy is embraces citizens will also result to the rule of law. Today all that people know is to shout 'haki yetu' (our rights). Well it is positive since citizens are now keen to enforce their rights. But the disadvantage is that people have learnt the road to violence as the only sure way to enforce rights. Case in point is the ongoing killings in Kisii.

Therefore if human rights actors strongly embrace dialogue especially with the state, people will follow suit. People in Kisii will for example talk to suspected witch doctors and then if there is reasonable proof take the suspect to the police. At least i know that even God does tell us 'come let us reason together'.

Let us reason together as we fight for justice and good governance.

A new strategy to Human Rights advocacy

The struggle for a free society has in the past witnessed mass demonstrations that often turned bloody. Successive regimes were quick to result to violence. Over time citizens used force as the only sure way to express displeasure with the state. These were the days of torture chambers and riot police. I believe the climax of this sad history was the post-election violence of 2007/2008. The constitution now recognises the right to demonstrate and petition the state, and this is a progressive move. This approach was resulted to due to the state's attitude of using brutal force. Case in point is the hunger strike by Prof Wangari Maathai and other women on Uhuru Park.

However it is important to recognise that the tide in human rights advocacy is changing. Diplomacy is slowly taking centre stage. If we are to succeed in protecting the constitutional rights, we have to talk to one another. Non-violent action has to be our last result.

No room to extend parliament's term beyond August 2010

Does the Constitution allow the current national assembly to extend its term? This can only be answered through the sixth schedule. Clause 2 suspends certain provisions in Chapter 6 and 7. However the clause does state that the next elections must be held under the Constitution. Elections under the Constitution must be held in August 2010. The president, prime minister and members of parliament must vacate office in August to retire or seek re-election.

About the TJRC during Peace time and imputy of Old Kenya.

On 25th January 2010, i attended a briefing session with the Truth Justice and Reconciliation Commission (TJRC). The Commission is headed by Amb. Bethwell Kiplagat. I particularly remember the challenge posed by Betty Murungi (who latter resigned as Vice Chairperson of the Commission). She stated that the TJRC, unlike other truth Commissions in the world, was working when the country was experiencing relative peace. She continued to note that this is a unique case and it will be interesting to see whether it fulfils its mandate.

Kenyans know what the TJRC has turned to. The parliamentary committee on legal affairs has given the Commission 72 hours to resolve all manner of controversy surrounding it. This means that the Commission has up to Monday 1st November 2010 to clean its house or risk dissolution by parliament.

Again we all know that this is in connection to the Chairman's suspected involvement (directly or indirectly) in the Wagalla Massacre. I have in previous posts argued that unless Amb. Kiplagat vacates office of Chairperson, TJRC will never work to fulfill its core mandate. I have condemned the hiring of victims as statement takers as an attempt to cover up the chairman, victim No. 1.

Back to the comment by Betty during our meeting. The reason why Commissions work with relative ease immediately after a period of war or unrest, is due to the willingness by all citizens to resolve past injustices. I believe that Kenyans quickly forgot the 2007/2008 post-election violence. If we still recall this tragic moment, it does not evoke the same sense of urgency as it did then. IDPs are a forgotten people. We even read reports that IDP resettlement funds were misappropriated. IDPs still ranguish in camps. Mr. Ocampo is yet to charge any Kenyan at the International Criminal Court, although investigations are proceeding well.Truth, Justice and Reconciliation -to resolve all historical human rights violations- is no longer a priority. I bet that the next time Kenyans will be treated to the language of Peace! Peace! Peace! is in 2012, before the elections.

Amb Kiplagat was among the first Kenyans to call for peace in 2007/2008. Today the Ambassador does waver in his quest to hold on to the position of chairman even if TJRC should collapse. This is high level impunity.

The TJRC was enacted through one of the a comprehensive legal mechanism - The Truth Justice and Reconciliation Act No 6 of 2008 (at www.kenyalaw.org). Therefore all factors remaining constant the Commission should be effective. However the chairman must resign if he truly respects Kenyans and all victims of human rights violations. Section 17 of the Act has very clear provisions on how the chairman may be removed from office.

I repeat Kiplagat must resign or the Commission disbanded. If the latter option prevails Kiplagat will never be remembered in Kenya for all his works good/bad.

Heko Mashujaa

Maneno Law salutes all past and present Mashujaa. Particularly those who withstood human rights violations to liberate our land. We celebrate all Kenyans who have championed the course of justice and equality. We celebrate Prof Wangari Maathai for her zeal, passion and sacrifice for justice and environmental conservation. We celebrate all victims of Nyayo torture chambers for their sacrifice. We salute all victims of the 2007/2008 post-election violence for their hope amidst despair. We celebrate Justice Philip Waki for his demonstrating that a commission of inquiry can be effective.

We celebrate Prof Yash P. Ghai a wonderful constitutional expert. We celebrate Rev. Timothy Njoya a true cleric and fighter. We celebrate Paul Tergat. We salute Hon John Michuki, a great public officer. We celebrate Mzee Maruge whose sunset years taught Kenyans the value of education (and reading the bible). We salute all police officers who enforce the law fairly without favouritsm or bribes.

We salute all Kenyans who respect the rights of their brothers and sisters, uphold the Constitution and work hard to pay taxes. We salute all young and energetic Kenyans who remain true to the dream of our forefathers.

I celebrate Reuben Kigame.
I salute my grand father Mzee Wandeto.

Maneno joins Bloggers Unite

Hi friends, this is to inform you that Maneno Human Right has joined the larger family of bloggers - BLOGGERS UNITE.

I have joined as a participant of the International Human Rights Day, celebrated on December 10th, sponsored by Amnesty International. My main goal is to ensure that people appreciate the need for public education on the Constitution we enacted recently.

You may follow my comments on the blog as we work hard to ensure that Kenyans are enlightened to demand and respect human rights.

BLOGGERS UNITE http://www.bloggersunite.org/
User Name :              Wandeto

Good day.

Structure of government under the Constitution of Kenya.

Maneno H.R has deliberately chosen to focus on the Constitution adopted by Kenyans on 04.08.2010. I have talked to many people who have confessed that they have not laid a finger on the Constitution after the referendum. A friend was brutally honest and told me " this constitution is for you lawyers". It is our duty to invest in civic education so that people understand the constitution that governs them. Today lets examine the structure of government. Note however that county governments will start operating from 2012 after the general elections.

The power exercised by state officers in parliament, executive and judiciary is delegated to them by the people, Article 1 of the Constitution.

NATIONAL GOVERNMENT

• Executive (Chapter 9) The executive is made up of the Cabinet. The cabinet is composed of the President, Deputy-president, Attorney - General and Cabinet Secretaries.

• Parliament (Chapter 7). Parliament is composed of the National Assembly and Senate.The national assembly shall consist of 290 elected MPs, 47 elected women representatives, 12 nominated MPs and the speaker who is an ex-officio member. The senate is composed on 47 elected senators, 16 women nominated by political parties, one man and one woman representing the youth, one man and one woman representing persons with disabilities and the speaker who is an ex-officio member.

• Judiciary (Chapter 9). The structure of courts is as follows

          Supreme court - Court of Appeal - High court, Employment Tribunal, Environmental Tribunal and 
          other tribunals - Subordinate Courts (Magistrate court, Kadhi court and Court Martial)

COUNTY GOVERNMENTS

• County Executive Committee (Article 179). It is composed of Governor, Deputy Governor and 1 - 10 members appointed by the governor with approval of the County Assembly (Equivalent to Cabinet Secretaries at the National Executive).

• County Assembly (Article 177). The assembly is composed of one member elected from every ward in the county, special seats to ensure that the a third gender rule is obeyed, members representing marginalised communities and persons with disabilities and the speaker.

Clause 17 of the Sixth Schedule provides that within 5 years the national government shall restructure the provincial administration to accord with and respect the system of devolved government. This does not mean that the provincial administration will be posted in the County governments. I simply means that officers in the provincial administration shall be given other jobs within the public service.

Have a governed day.

Elections 2012 know how many leaders Kenyans will elect.

After the contest, that was the referendum, it is important that we all invest in educating our people on the contents of our constitution. Public education will be key to the successful implementation of the Constitution since citizens will make informed demands.

Today i examine elections 2012. Specifically the total number of leaders Kenyans will elect in 2012.

The National Executive and County Executive Committee.

1. At the National level, we shall elect the President who heads the national executive- Article 136 to 138.
2. At the County level, a Governor is elected in every county - Article 180.

Note that before the elections, the President and Governor will nominate a candidate as Deputy President {Article 148 (1) - (3) } and Deputy Governor {Article 180 (5) and (6) }. The candidates nominated will not be elected. Instead, candidates for president and governor win the elections, the Independent Electoral and Boundaries Commission shall declare them as elected after the elections.

Parliament - National Assembly and Senate

1. A member of parliament from every constituency - Article 97.
2. Woman representative from every County - Article 97.
3. Senator (who represents the County in the senate) - Article 98 (1) (a).

County Assembly

1. A member of the assembly from every ward - Article 177 (1) (a).

Therefore in total Kenyans shall elect six leaders. This will undoubtedly an uphill task for the Independent Electoral and Boundaries Commission.

Kenyan Government versus International Criminal Court

In the recent days questions have arisen over the government's committment to cooperate withthe International Criminal Court (ICC). Victims of Human Rights Violations that occured after the 2007 general elections are keenly waiting for justice.

However it is not clear, at least for me, Kenya's policy as the ICC continues with investigations. Do we seek restorative, retrubutive or deterence justice? Do we seek a combination of the three aims of the criminal justice system.

Parliament enacted the International Crimes Act, 2008 (domesticating the Rome Statute on the ICC). Section 3 states that the act is binding on the government. Section 4(1) states the provisions of the Rome Statute specified in subsection (2) shall have the force of law in Kenya in relation to the following matters -

1.  the making of requests by the ICC to Kenya for assistance and the method of dealing with those requests;
2.  the conduct of an investigation by the Prosecutor or the ICC;
3. the bringing and determination of proceedings before the ICC;
4.  the enforcement in Kenya of sentences of imprisonment or other measures imposed by the ICC, and any related matters;
5. the making of requests by Kenya to the ICC for assistance and the method of dealing with those requests.

It is clear that as a people we delegated the exercise of our sovereign power to Parliament. Parliament then enacted legislation binding the government to cooperate with the ICC. It is therefore not a matter of guarding our sovereignty, we have already given it up. That is why i emphasize that African states must be carefull never to sign international instruments as a means of appealing to other interests. Before signing international conventions we must consult the people, africans will increasingly be frustrated with their own elected representatives.

The government failed to establish a special tribunal to try post-election related crimes. The Cionstitution of Kenya (Ammendment Bill) 2008, the Constitution of Kenya (Ammendment Bill) 2009 and the Special Tribunal for Kenya Statute, 2009 were defeated at the floor of the house.

Since the victims deserve justice the ICC process must continue albeit with challenges.

The tide of By-Elections: Voters did not spare the rod.

It is now official that Margret Wanjiru, William Kabogo and Gidion Mbuvi are the Members of Parliament elect in Starehe, Juja and Makadara constituencies. The Interim Independent Electoral Commission conducted free and fair elections. I witnessed this as i cast my vote at Juja Road Primary School at 9:30 am.

This should send a warning to all politicians eying the Presidential, Parliamentary and County positions (Senator, Governor and women representatives) that without results Kenyans will shun you.

Our democracy is gradually rising above partisan politics, political might does not count any more. Kenyans now what matters and will vote for candidates who will deliver. The electorate want justice, accountability, security and sustainable development.

Hail voters in Starehe, Juja and Makadara. More to follow in 2012.

Sovereignty: We the people of Kenya.

Our Constitution is a strong declaration of how as Kenyans we desire to conduct our affairs. It has occurred to me that we do not take our sovereignty seriously or simply we do not know its real meaning. The constitution is a sacred agreement and it distinguishes us from all other countries. The government in all affairs must strictly safeguard our sovereignty.

Article 1 begins by vesting all sovereign power on the people of Kenya. The people may exercise their sovereignty directly or through their democratically elected leaders. Since not all people can govern, the sovereign power is delegated to institutions i.e Parliament (National Assembly, Senate and County Legislative Assemblies).

However i believe we are keen on protecting our interests in certain matters on the basis of sovereignty. For instance the row with International Criminal Court (ICC) on Kenya's failure to arrest Sudan President Omar Al- Bashir and in a host of other foreign affairs dealings.

Many Kenyans have in the recent weeks been arrested in Kenya and charged with terrorism charges in Uganda. Are they not Kenyans, whether Muslims or Christians they deserve a fair hearing here in Kenya. If convicted then our courts will pass sentence. It is like a neighbour reporting to you that your child is alleges to have stolen sugar in his house. Instead of investigating the matter, you simply release your child to the neighbour for interrogation and punishment. If my son has stolen i will discipline him, i will use my rod.

An alternative perspective is on the Millennium Development Goals. It is now known that developing countries may never achieve the millennium targets. Part of the reason advanced is that donor funding to achieve these goals has not been forthcoming. I then ask whose goals are they? It is similar to a person setting a goal for you and committing to assist you attain the goal. Only for the goal-setter to fail in the commitment.

If our projects are to be sustainable, we must gradually turn away from wholesome dependence on donor funding. We must utilise the resources we have as a nation to make gradual progress which will be sustainable. The laws for the implementation of the constitution must be drafted by our legislative drafters. The Constitution should teach us to harness and have faith in what we have.

This is the motivation behind Maneno Human Rights, i pray that not a single day will Maneno receive foreign grants.The same should apply to all national projects.

Enjoy your day.

Implementing our Constitution.

Recent developments on the process of implementing the constitution is interesting to analyse.

All of a sudden, politicians are unveiling county governments, the fate of the provincial administration hangs in the balance, we are not sure if Kenya has competent legislative drafters and so on.....

I still reiterate that the implementation process is our core duty as we seek to enjoy living in a democratic state. We must frown against those who violate fundamental rights and freedoms and oppose those who disobey the constitution. In addition our eternal vigilance to safeguard the process must be founded on respecting the rights of others.

When a people decide to be free nothing can stop them.

Is TJRC a sinking ship?

Well i hate to say this but my mother taught me the freedom we get by telling the truth.

Concerning the Kenya's Truth Justice and Reconciliation Commission (TJRC) i doubt whether it will serve its purpose. When the curtains fall on the TJRC will Kenyans say that, it was  a worthwhile investment on building a better nation?

The lack of political will, controversy at the commission's leadership and hiring of victims as staff is the latest indication that the process is headed the wrong way.

I have also read about the conduct of truth commissions in Argentina, Chile, El-Salvador and South Africa and believe me we are far off. One distinctive feature of these commissions is the fact that all controversies surrounding their work were resolved. Concerns raised by the Civil Society organisations were addressed, so as to build confidence in the process. The commissions were impartial and respected by all. The process was all inclusive, victims and alleged perpetrators given an equal opportunity to participate.

We need responsible leadership at the commission. Mere 'looking busy' will not benefit this country. This applies to all public and private institutions. At the end of the day we must seek to contribute to the well being of all KENYANS and AFRICANS in general.

Should victims work for the Truth Justice and Reconciliation Commission?

The Truth Justice and Reconciliation Commission (TJRC) has hired 300 statement takers. 100 of them are victims of past human rights abuses. The reason behind it according to the TJRC is that this is a victim-driven process. Let us discuss whether victims should take such a primary role in the Truth Justice and Reconciliation process.

Recall that the Chairperson is victim number one, since he has indicated in public that he looks forward to have his case heard (remember he is so wealthy he has filed another suit in court- to clear his name). In my view this is the foundation of disaster. Justice requires that all victims are treated equally. There are no classes of victims nor should victims be treated on a priority basis.

One of the core functions of the TJRC under section 6 of the TJRC Act, 2008 (No. 6 of 2008) is- investigate gross violations and abuses of human rights including abductions, disappearances, detentions, torture, sexual violations, murder, extrajudicial killings, ill-treatment and expropriation of property.

Statement taking is the most important stage of the Truth Justice and Reconciliation process. If a victim's statement is not taken, then that violation may never find a place in the hearings or even the final report. In other words this is the entry point for all cases. It therefore means that the Kenyan TJRC has opened up alternative entry points, that of being a Chairperson or a statement taker. Remember that all victims whether rich or poor, young or old, literate or illiterate desire to be heard and hopefully secure redress. However due to resource constraints, not all cases will be heard at the TJRC hearings. Indeed some will get redress, others will appear in the final report and some dismissed for lack of merit.  Statement takers should therefore be professionals, well trained for the work.

Justice must be done and seen manifestly to be done. The question is whether the victims who do not work as statement takers will perceive justice to be done in the present circumstances? I wonder if the case involving the chairperson will be heard first? Won't there be the temptation for 'victim statement takers' to prefer their cases or even add more details just to make sure their cases are heard? Although statement takers will only take statements, is the process open and impartial? Can all Kenyans identify with the process? Is it a process for a few, or for the entire republic? Is the process honest?

These are critical questions that come to my mind. What is your view.

Link to ICC and the Kenya National Commission on Human Rights

International Criminal Court (ICC)

http://www.icc-cpi.int/Menus/ICC?lan=en-GB


Kenya National Commission on Human Rights (KNCHR)

http://www.knchr.org/

What is in our constitution?

Have you been reading the Constitution or did you heap it the garbage after celebrating its promulgation last Friday. The real test particularly for lawyers lies in the way we interprete the constitution in court, chambers and to the general public. This will influence the gains our beloved country will reap from the constitution.

Section 19 of the Sixth Schedule provides that the rules on the enforcement of fundamental rights and freedoms under Section 84 (6) of the former constitution, shall apply under Article 22. The rules shall be applied with the necessary alterations, adaptations, qualifications and exceptions so that they conform with the objective of Article 22.

I t will therefore be intriguing to see whether individuals will utilise the opportunity given by Article 22(1) giving every Kenyan the right to institute court proceedings to claim that a right has been denied, violated or infringed. Lawyers should be at  the fore front of guiding our people.

Post for thought.