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Meru Governor Peter Munya (right) speaks with Senate PAIC members Kimani Wamatangi, Amos Wako, Anyang’ Nyong’o and Kennedy Mong’are. Concerns are emerging that corruption has fast devolved into the counties as governors fail to attract and retain qualified personnel to professionally run the governments. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP
IN SUMMARY
Those eyeing senior positions decline county offers because the pay is “low” compared to what they earn elsewhere.
The perception that many counties prefer to hire people from their dominant ethnic communities has made the situation worse.
Mombasa Senator Hassan Omar said county governments had not put in place functional systems to attract professionals.
But governors are optimistic the effects of devolution have been felt on the ground, through improved services.
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Concerns are emerging that corruption has fast devolved into the counties because governors have failed to attract and/or retain qualified personnel to professionally run the governments.
Professionals, particularly in finance, are shying away from county jobs due to fears of being coerced to make decisions to suit certain interests in disregard of the law.
Those who opt to stick to their guns in following due process are harassed by governors, speakers and members of county assemblies.
Others, especially those eyeing senior positions, decline county offers because the pay is “low” compared to what they earn elsewhere.
As a result, many governors keep on re-advertising for vacant positions and have at times had to recruit people without the requisite skills to effectively discharge their mandate.
Governors Julius Malombe (Kitui), Jack Ranguma (Kisumu) and Isaac Ruto (Bomet) are among those who have confirmed that attracting qualified manpower in the counties is not a walk in the park.
The perception that many counties prefer to hire people from their dominant ethnic communities has made the situation worse.
The National Cohesion and Integration Commission (NCIC) has already raised the red flag with statistics showing that some counties, like Nandi and Kirinyaga, have employed people from only one ethnic group.
Commission chairman Francis ole Kaparo said the skewed recruitment poses a threat to national cohesion.
NO EXTENSIVE TRAINING
Governor Malombe admitted before the Senate County Public Accounts and Investments Committee that he operates with internal audit staff without extensive training.
According to the Auditor-General’s report, the two employees and a clerk had not been inducted and the department had no internal audit charter to guide its operations.
The Senate committee, chaired by Prof Anyang’ Nyong’o, noted that the reports of this department were mainly memos to the management as opposed to those deliberated and enforced by an audit committee, as required by law.
“The department does not meet its obligations due to inadequate staffing,” the Auditor-General’s report indicated.
The governor said they have improved the department to comply with the law though, just like other counties, they are faced with the challenge of attracting professionals with the requisite skills.
“We have an audit system now in place. Interestingly, we advertised but getting people was a tall order due to salary levels. They are low on qualifications and experience desired,” Dr Malombe said.
Counties are expected to establish audit committees that convene at least quarterly to discuss, enforce and implement the findings and recommendations of the internal audit department.
Mombasa Senator Hassan Omar said county governments had not put in place functional systems to attract professionals.
“Due to the weak systems, professionals find it difficult to discharge their duties because they are directed to do things in a certain way,” Mr Omar said.
The Senate committee noted that breach of procedures especially in procurement affects virtually all counties, according to the annual Auditor-General’s reports.
But the challenges notwithstanding, governors are optimistic the effects of devolution have been felt on the ground, through improved services.
“Counties have done well since inception of the devolved units. We can do much better if the national government can stop fighting devolution and ensure the Treasury releases county funds on time,” Council of Governors chairman Peter Munya said.
Police spokesman Charles Owino during the launch of the National Torture Prevalence Survey in Nairobi on October 24, 2016. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP
Police spokesman Charles Owino has hinted at joining politics with the intention of "transforming the Luo community’s future".
He said the Luo leadership was aging and required fresh and young leaders like him to steer the community ahead.
"I will one day join politics to serve my people. I have a feeling that young leaders should emerge from Nyanza to define the community's future," Mr Owino said on Tuesday.
Mr Owino, who was recently promoted to commissioner of police, criticised the current Luo politicians for engaging in rhetoric during campaigns in order to lure voters but give less to development activities.
"We need a leadership that will be keen on developing the community based on truth and realities of life. Some leaders have taken the community for granted for a long time through deceit," Mr Owino said when he was a guest on Mayienga FMon Tuesday morning.
However, he did not state which political office he will be seeking.
"Right now, I am still a public servant in the Kenya Police Service. I will decide at the right time," he added.
Mr Owino also urged the Luo community to be tolerant of divergent views and to respect elected leaders.
"Even if you don't agree with the manner in which a certain leader got into the office, please respect them and the offices they hold. This is when others will also respect us," said Mr Owino.
"I believe I have what it takes to become a leader and I will confront the circumstances to tell the people my vision. I am a courageous person who cannot be intimidated," he asserted.
Mr Owino is considered one of the brightest senior officers currently serving in the Kenya Police Service.
From left: Wilson Sossion, secretary-general of the Kenya National Union of Teachers, Lydia Nzomo, chairperson of the Teachers Service Commission and Nancy Macharia, the commission's chief executive officer, at Zayed Hall in Mombasa on August 10, 2016. PHOTO | LABAN WALLOGA | NATION MEDIA GROUP
The Kenya National Union of Teachers (Knut) and the Teachers Service Commission (TSC) on Tuesday struck a deal that will see the entry level into the teaching profession upgraded.
This will see more than 100,000 teachers promoted following the phasing out of the P1 entry grade in an agreement reached between the teachers’ employer and their union representatives.
At the end of two days of deliberations at a Naivasha hotel, the two parties emerged with a negotiated deal that also covers a salary increment for the teachers.
The CBA agreement expands the grading structure of the top cadre of teachers.
It has also created distinct career paths for all teachers in what is said to be a new paradigm shift in the remuneration of teachers meant to ensure that both the teachers in administrative and non-administrative positions have clear career progression paths.
The scrapping of the P1 teachers and upgrading of the entry level is expected to create a leeway for career advancement for teachers.
This is the first ever Collective Bargaining Agreement (CBA) to be entered into by Knut and TSC and negotiations have been going on since June. It will bind the parties from 2017 – 2021.
TSC Chief Executive Nancy Macharia said detailed and comprehensive implementation modalities and timelines will be worked out before the commencement of the CBA which takes effect from July 1, next year.
She said the CBA was developed through an elaborate consultative process involving key government agencies, among them the Salaries and Remuneration Commission (SRC) and the National Treasury.
TSC will develop career guidelines for the respective cadres to actualize career progression, in line with the agreement.
Knut officials at the talks were led by secretary general Wilson Sossion and Chairman Mudzo Nzili.
In a statement issued at the end of the talks that took place at Naivasha’s Sawela Lodge, TSC said the CBA was an acknowledgement by both the TSC and KNUT on the need to engage in a structured manner as envisaged by the Recognition Agreement signed between the Union and TSC in 1968.
“In addition, the signing of the CBA marks the era of commitment by both parties to address labour issues and other matters of mutual concern for industrial harmony in the sector,” she said.
Ms Macharia said the CBA was demonstration of the commitment by both the TSC and Knut to the need for continuous improvement of the terms and conditions of service for teachers.
Ms Macharia said the negotiations took place in an environment of mutual trust and honesty.
“At all times, both parties placed all their cards on the table,” she said.
The parties said benefits accruing to individual teachers will be worked out and communicated in administrative Circulars.
TSC said in determining remuneration of teachers, several factors were taken into consideration including the relative worth of the job and level of responsibility, decision-making and its impact.
Earlier, there had been a scare that the talks may have collapsed after the Knut team walked out of the meeting room and was shortly followed by TSC officials.
Knut officials held a brief meeting with its National Executive Council members before they returned to the talks where an agreement was announced and signed it later in the evening.
Among other issues, teachers were demanding a 300 per cent increment while their employer pushed for a lesser percentage.
Mr Sosion denied report that they had stormed out of the meeting stating that the Knut team wanted to consult with their members first.
Some 2,747 death row convicts will now serve life imprisonment after President Uhuru Kenyatta commuted their death sentences to life jail terms. PHOTO | VINCENT ACHUKA | NATION MEDIA GROUP
IN SUMMARY
2,655 male convicts and 92 female convicts will be removed from the death row to serve life sentences.
The last commutation of death sentences to life imprisonment was made in 2009 by the then President Mwai Kibaki.
President Kenyatta also signed a pardon warrant and released 102 long-term serving convicts.
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President Uhuru Kenyatta has signed documents commuting all death sentences to life jail terms.
Following the signing of the documents at State House, Nairobi, some 2,747 death-row convicts will now serve life imprisonment.
The number includes 2,655 men and 92 women, who will be removed from death row to serve life sentences.
The last commutation of death sentences to life imprisonment was made in 2009 by then President Mwai Kibaki.
Invoking the Power of Mercy provided for under Article 133 of the Constitution, President Kenyatta on Monday also signed a pardon warrant and released 102 long-term serving convicts.
The reprieve for the 102 convicts came after a thorough vetting by the Power of Mercy Advisory Committee.
The Power of Mercy is a prerogative power conferred on the President by the Constitution and entails granting pardon to reformed and rehabilitated convicted criminal offenders deserving early release from prison.
Present were Attorney-General Githu Muigai, Interior Cabinet Secretary Joseph Nkaissery, Power of Mercy Advisory Committee Secretary Michael Kagika, Prisons Commissioner-General Isaiah Osugo, and Chief of Staff and Head of Public Service Joseph Kinyua.
President Uhuru Kenyatta unveils the Paul Ngei statue at Kyumbi in Machakos County on October 20, 2016. Boisterous and crafty in his halcyon years, Ngei is a case-study of the evolution of freedom fighters who chose wealth and vanity in place of people empowerment and economic growth. PHOTO | NATION MEDIA GROUP
IN SUMMARY
The fallout between Kenyatta and Ngei was about secret love letters that Ngei used to write to Kenyatta’s eldest daughter, Margaret Wambui.
By current standards, the 1965 maize scandal was equivalent to the current National Youth Service (NYS) scandal or Anglo-Leasing.
Ngei was part of a maize syndicate operating in the country and he was its leader.
Ngei took more loans from commercial banks and never repaid.
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By the time he died in 2004 and in penury, veteran politician Paul Ngei was a dejected man.
His was a classic from grace to grass fall; an awful dramatic tumble.
At the gates of Parliament, Ngei, whose legs had been amputated as a result of a troubling diabetes condition, would at times sit for hours confined to his manual wheelchair looking for help from his fellow politicians.
At best, they would ignore the bankrupt and ailing politician and, at worst, they would easily roll-up their windows and drive past.
In the evening, he would be driven back to his Garden Estate house, left bare by auctioneers who had squeezed out the last of his possessions.
On Thursday, on the occasion of Mashujaa Day, President Kenyatta unveiled a statue of Ngei in Machakos – perhaps to solidify his place as a national hero.
It was ironic because archival records indicate that Ngei was the man who used to bully the elder Kenyatta while in prison, accusing him of being a “thief and had been nothing but an agriculture labourer in England.”
He also made sure the other Kapenguria prisoners isolated Kenyatta, who later sunk into depression, according to Leslie Whitehouse, the man in charge of the jail, and who befriended Kenyatta.
LOVE LETTERS
The falling-out between Kenyatta and Ngei, according to Kenyatta’s biographer Jeremy Murray-Brown, was about secret love letters that Ngei used to write to Kenyatta’s eldest daughter, Margaret Wambui, who was Jomo’s confidante in the years he was in jail.
Once Kenyatta discovered the love affair, he confronted Ngei – then in his thirties.
Interestingly, some sources say, Wambui was of much influence later in Ngei’s appointment into Kenyatta’s Cabinet and survival.
But was Ngei a national hero or one of the politicians who epitomised corruption of the Kenyatta-I regime?
Only history will judge.
But here is a man who once walked into a showroom, drove away a brand-new Mercedes Benz and refused to pay for it.
We shall come to that later.
CHOSE WEALTH AND VANITY
Boisterous and crafty in his halcyon years, Ngei is a case-study of the evolution of freedom fighters who chose wealth and vanity in place of people empowerment and economic growth.
Having looked at the records of the Ministry of Lands and Settlement in the 1960s and 70s, the only politician who did not participate in the land grabbing spree and scramble for wealth was Bildad Kaggia, who was the only politician who protested as early as June 1963 about the allocation of land to Kenyatta’s henchmen.
All the other modern-day heroes — and the records are there at the archives to confirm — took advantage of the Land Bank and the Settlement Fund Trustee to get huge tracts of land starting with Jomo Kenyatta, Daniel arap Moi, Mbiyu Koinange, Jaramogi Oginga Odinga, JM Kariuki, Paul Ngei — an endless list of what went wrong.
Ngei secured for himself a 3,000 hectare ranch and several plots in Nairobi.
But Ngei was in a class of his own.
He is said to have called Kaggia, who had fallen into poverty after he opposed the land grabbing spree, and told him: “Why do you live in poverty when you fought for freedom in this country?
“Today I give you permission to get into this farm here (Thika’s Del Monte farm). Allocate yourself as many acres as you want. If anybody asks you a question, tell them to go and see Ngei at Ardhi House. I will sort them out for you.”
Kaggia didn’t and continued with his humble life in Nairobi’s Eastlands – surrounded by heaps of newspapers and books.
Mr Paul Ngei. During his tenure as chairman of the Maize Marketing Board, Ngei appointed his second wife as “personal secretary to the Chairman” and gave her an annual salary of £660. FILE PHOTO | NATION MEDIA GROUP
FIRST MAJOR SCANDAL
It was not long before the first major scandal of the Kenyatta government involving a Cabinet minister broke.
It was about Ngei.
By current standards, the 1965 maize scandal was equivalent to the current National Youth Service (NYS) scandal or Anglo Leasing.
Ngei was by then the Minister for Co-operatives and Marketing, and the maize marketing docket was under this ministry.
The story starts during the crop year of 1961/62 when Ngei, who had just finished his sentence over Mau Mau links, was appointed a member of the Maize Marketing Board.
Kenya was by this time on the road to independence.
By October 1965, he had been appointed the board’s chairman and appointed a Cabinet minister.
This was a lucrative ministry and Kenya was going through a debilitating maize shortage.
MAIZE SCANDAL
As Kenyatta’s prison mate and one of the celebrated Kapenguria Six, Ngei had mixed his superior status with ego and some bits of hubris.
The country was by that time importing thousands of tonnes of yellow maize from the US to ease the 250,000 bags shortage.
Part of the problem was that Kenya had exported its maize to Japan at a time when Ngei was the chairman of the Maize Marketing Board.
When he was challenged in Parliament about it, he accused MP J D Kali of being “ignorant”, arguing that “negotiations had been made to ship maize to Japan before I took over the chairmanship of the Maize Board.”
What Ngei did not say was that he had been a member of that board — although everyone knew.
“It cannot be said truly that the export of surplus maize to Japan created the current shortage of maize in Kenya.
“The surplus maize was exported because no shortage was foreseen at the time and the cost of holding maize in Kenya stores for long periods would probably have been very high.”
It was a lie.
Ngei was part of a maize syndicate operating in the country and he was its leader.
MAIZE RESERVES DEPLETED
They had depleted the country of its maize reserves through the Maize Marketing Board, the predecessor to the National Cereals and Produce Board.
This shortage led to a national uproar; after all Kenya had always had excess production.
As a result, Kenyatta appointed his first commission of inquiry to probe corruption in Ngei’s ministry and at the Maize Marketing Board.
It was headed by Justice Chanan Singh, another pre-independence freedom fighter and lawyer.
It emerged that during his tenure as chairman of the board, Ngei had appointed his second wife as “personal secretary to the Chairman” and when challenged by the Commission of Inquiry whether that was the case, Ngei refused to answer that particular question.
But there was already evidence that on October 23, 1963, Ngei had made the appointment and given her an annual salary of £660.
While there was no law prohibiting his wife’s appointment, the commission said “it does not seem desirable nor wise that she should be given employment in the office of her own husband”.“We think it would be a good rule to follow that if the wives of influential politicians and highly placed civil servants seek employment, they must not do so in the offices of their husbands and must seek it elsewhere … we think Mr Ngei acted unwisely”.
BIGGER SCANDAL
But a bigger scandal was waiting.
At Tala Market in his Kangundo Constituency, Ngei’s first wife Emma was running a family maize milling business that they had purchased for Sh10,000 from Machinery Services Limited in May 1962 – just about the time Ngei had joined the Maize Marketing Board.
Initially, he had bought this business as “Paul Ngei and Partners Limited” and he was supposed to pay the owners in instalments.
But after paying a deposit of Sh2,000 and four monthly instalments of Sh668, Ngei defaulted or rather, according to him, the company defaulted.
Ngei took advantage of the hire-purchase law and in April 1963, he personally entered into a new hire-purchase agreement with Machinery Services Limited promising to pay the balance that he and his partners had not paid.
As he would claim before the quasi-judicial commission of inquiry investigating him for corruption, his wife Emma had given him the money to pay the balance and since Machinery Services Limited had repossessed the mill after the default, he saw no need to refund his partners their initial contribution.
CONNED HIS PARTNERS
In effect, he conned his partners and ended up with the mill.
How do we know that?
On June 25, 1963, when Ngei was a board member of the Maize Marketing Board, he applied for the registration of Uhuru Millers.
He signed the forms and indicated that his co-director was Emma P Ngei.
Actually, the miller registration certificate No 169 was made under Ngei’s name.
The following day, he used his office to get a very crucial certificate: Authority to Issue Movement Permits.
This was granted to him and his wife, meaning they could authorise movement of maize and maize products within 30 miles radius of Tala Market free of any restriction.
By then all maize had to be purchased from the board and any maize received from outside at a cheaper price, the price differential had to be paid to the board.
CALL FBI
Though there was evidence Ngei would use his permits to allow his Uhuru Millers to purchase and transport maize this way, he refused to admit any mistake and told the commission of inquiry “to bring the FBI in for investigation to prove that we have ever bought maize.”
That was vintage Ngei.
He had also managed to have his wife appointed an agent of Maize Marketing Board through her Emma Stores — the major supplier of maize in Eastern Province.
Since Emma was also the proprietor of Uhuru Millers, it was becoming very hard for sub-agents to get maize from her.
Even the Machakos District Commissioner Isaiah Cheluget found it difficult in dealing with stores owned by a Cabinet minister.
A local MP, W M K Malu — who once had a physical fight with Ngei — told the inquiry that Eastern Provincial Commissioner “expressed the same feeling that it isn’t very easy for a PC to deal with a store belonging to a minister.”
Traders in Kangundo, for instance, were not allowed to get supplies from Nairobi, yet Emma Stores could not sell to them at wholesale price and they had nowhere to report.
A meeting called on September 13, 1965 between the various traders, the PC and Emma Ngei had agreed that the weekly supply of 2,000 bags should be divided between Emma Stores (1,000 bags) and other traders take the balance.
Mrs Ngei later reneged and continued to receive the 2,000 bags and sell at retail price.
UNABLE TO DO ANYTHING
Mr Cheluget wrote to the General Manager of the Maize Marketing Board, Mr E A Andere, “who told me point blank he was unable to do anything about it.”
Traders who had posho mills in Kangundo could not get maize from the board and were always told to await improvement in supplies — yet Emma Stores continued to receive maize.
Ngei had also appointed a local agent to buy maize locally, and circumvent the Board.
He also passed on similar favours to relatives and friends.
It was a clear case of abuse of office.
The story of maize ended with his return to the Cabinet after a second inquiry purported to exonerate him.
But that was not the only one.
Take the case of Cabinet Minister Mbiyu Koinange.
One day, outside the Cabinet office, he asked Ngei if he could get 100 bags for his poultry.
Ngei said yes and he was given Sh2,500 to pay to the Board.
When Koinange called the Board, he asked for his order and they called Ngei who admitted he had indeed received Sh2,500 from Koinange.
Some 60 bags were delivered to Koinange but Ngei refused to pay.
His lawyer said this was a private transaction between Ngei and Koinange.
NEVER PAID LOANS
Enough of maize; Ngei took more loans from commercial banks and never repaid.
He took a Mercedes Benz from DT Dobie and never paid.
It was the only item that auctioneers spared in Ngei’s yard because it had sentimental value to him.
He had taken it for a road test and never returned it — the longest road test in Kenya.
The law finally caught up with Ngei on June 14, 1990 when he was adjudged bankrupt, thus ending his political career.
The man who regaled himself as a political cat with nine lives; a man who had the Constitution changed to accommodate him, was finally out of politics and into hopelessness.
Ngei died in misery.
His story is also the story of the king of graft in Kenyatta’s Cabinet.
As a pre-independence hero, Ngei had a place in history and had been marked for threatening a witness during the trial of JM Kariuki.
For being arrested and jailed with Kenyatta, he earned some other accolades.
