Monday, 15 January 2018

Raila role headache derails unity talks

By IBRAHIM ORUKO
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By BERNARD NAMUNANE
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15.01.2018 

Nasa leaders Raila Odinga (right), Kalonzo
Nasa leaders Raila Odinga (right), Kalonzo Musyoka at Okoa Kenya offices in Nairobi on September 22, 2017. PHOTO | SALATON NJAU | NATION MEDIA GROUP 

Foreign diplomats pushing for dialogue between the National Super Alliance and President Uhuru Kenyatta want the public to determine the role opposition leaders Raila Odinga and Kalonzo Musyoka should play in the aftermath of the elections.
It emerged on Monday that lobbying, spearheaded by the US, UK and Germany and the clergy is not aimed at the ultimate formation of a government of national unity, an idea repulsive to the Jubilee Party.
DIPLOMATS
Diplomatic sources revealed that they were yet to propose any particular roles for Mr Odinga and Mr Musyoka — who claim to have won the August 8, 2017 elections — in the talks they have so far held with them.
“There are no particular roles suggested for Raila and Kalonzo. An agreement on their future should be spearheaded by Kenyans themselves,” said the source.
On Monday, Mr Odinga confirmed that the diplomats, who he met alone on Friday at his Capitol Hill office in Upper Hill, Nairobi, with his co-principals Mr Musyoka (Wiper), Mr Musalia Mudavadi (ANC) and Moses Wetang’ula (Ford-K), have not suggested any position for him in the current set-up.
Instead, he said US ambassador Robert Godec was pushing for talks between the two political sides over electoral reforms.
“They have not gone to the details of what it should be. They only talk of bringing on board more stakeholders. But I have stated that they are interfering in what is basically a Kenyan affair which should be left to Kenyans to solve,” he said on the telephone.
DIALOGUE
Last week, Mr Godec said the US is not particularly pushing for any rewards or position for politicians but dialogue that will bring all Kenyans on board.
“The US continues to be committed to a national conversation involving all Kenyans to build national unity, address long-standing issues and  resolve divisions exacerbated by 2017 elections,” he said in a statement.
Earlier, some allies of Mr Odinga claimed that the US was pushing to have Mr Odinga elevated to a statesman as part of efforts to end the political standoff. The plan, they claimed, was to elevate the position to that of hierarchy of the ... State, complete with the trappings of state power.
The US wants the position to come with an office, a motorcade, staff and a commensurate package that will allow Mr Odinga to travel the world promoting Kenya’s image and giving talks on democracy, one of them told the Nation.
The allies said part of the package would be a retirement deal commensurate with Mr Odinga’s long career in the public service and a further promise to support his push for reforms.
REJECTED
However, the former prime minister is said to have rejected the proposals, saying they do not represent the interests of Kenyans yearning for electoral justice.
A source in Nasa said Mr Odinga also rejected the proposal because it does not take care of the interests of the larger Nasa family.
“Assuming I accept, what will I do with my colleagues in Nasa?” Mr Odinga is reported to have asked the ambassador when the proposal was made.
On Monday, Mr Odinga who is walking through a tricky path with his plans to be sworn in as the people’s president told the diplomats to keep off.
“They cannot come to tell us who should be this and that. We are talking about a stolen election and our aim is reforms to bring about electoral justice. We have never talked anything about that,” he said.
Nasa leaders have set January 30 as the deadline for talks with Jubilee party, failure to which Mr Odinga will be sworn in as the people’s president and Mr Musyoka as his deputy.
ELECTORAL INJUSTICE
The talks should revolve around electoral justice, reorganisation of the country’s governance structure, particularly the Executive and the Legislature, strengthening the Judiciary and devolution and security reforms.
The US is opposed to illegal actions by politicians but has pledged to support efforts towards dialogue. Though it doesn’t say it openly, Washington may mean it is opposed to issues demanded by Nasa to have elections repeated or the plan to swear in Mr Odinga.
Another diplomatic source expressed concern that the lobbying had not gathered momentum and that Jubilee had decided to wait for Nasa’s enthusiasm to fizzle out.
“Both sides have not made movement towards dialogue yet. Jubilee believes demands for electoral reform can be addressed progressively … as focusing on it now will slow down momentum of government to implement its promises. Nasa wants principals to meet with Uhuru first and agree on agenda … which must include electoral reforms,” said the source.
The source said foreign diplomats were of the view that the opposition coalition has been pushing itself into tight corners, citing the refusal to take part in the repeat elections of October 26 last year. “Now Jubilee believes there won’t be good faith from opposition even in dialogue,” he said.
JUBILEE
Jubilee secretary-general Raphael Tuju has dismissed calls for dialogue, arguing that there is no legal framework nor a constitutional reference for talks after one side in an election contest has been declared victor. He argues that Nasa leaders are seeking relevance after they lost.
“What is the legal basis or the constitutional reference for these talks? There is none, and what these people are trying is to be relevant after losing,” he said on the phone. He wondered if Nasa would have invited Jubilee for talks had they won. “If they had won the elections, would they have invited us for dialogue?”
He also accused foreign diplomats of trying to get President Kenyatta to hold talks with a rival he defeated.
In the past two weeks, Mr Godec has met Nasa parliamentary leadership led by Mr Wetang’ula, who is the senate minority leader and his counterpart in the National Assembly,
Mr John Mbadi. He has also met the Senate Speaker Kenneth Lusaka and majority leader in the National Assembly Aden Duale.
Nasa has refused to recognise Mr Kenyatta as the elected President, saying he was a product of a flawed electoral process, which Mr Odinga and Mr Musyoka boycotted, accusing the Independent Electoral and Boundaries Commission of “stonewalling” deliberations to have a credible repeat elections.
SOURCE 

Implications of Igathe’s resignation won’t be confined to City Hall

By GEORGE KEGORO
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14.01.2018 
Nairobi Governor Mike Sonko
Nairobi Governor Mike Sonko (left) and his deputy Polycarp Igathe at a past function. Mr Igathe resigned on January 12, 2018 as deputy governor of Nairobi county. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP  

Summary

  • Before his resignation, there were rumours that, with support from people in high office, Igathe had already taken charge of the city, reducing Sonko to a mere figurehead.
  • Igathe came from the private sector and was viewed as complementing, or making up for, the perceived weaknesses of his boss, the governor.
  • With little formal education before he went into public office, Sonko presents himself as an example of the political success of the underclass.
  • While Igathe’s resignation may not be related to the alleged rivalries within Jubilee said to revolve around the Kenyatta succession, it could trigger those.
Polycarp Igathe has resigned as Deputy Governor of Nairobi City County, claiming that he failed to win the trust of his boss, Governor Mike Sonko, as would be necessary for him to discharge the functions for which the two were elected on a joint Jubilee party ticket.
Before this shocking development, sections of the media had published rumours that, with support from people in high office, Igathe had already taken charge of the city, reducing Sonko to a mere figurehead.
According to the rumours, Igathe was carrying out a Jubilee-backed policy that would lead to a de facto stripping of functions from the Nairobi County government, so that these would be carried out by the national government, and specifically State House.
However, Igathe’s resignation does not seem consistent with the rumours that the media had published and leaves the impression that the problems at City Hall, and possibly also in Jubilee, are more complex.
PRIVATE SECTOR
Igathe came from the private sector and was viewed as complementing, or making up for, the perceived weaknesses of his boss, the governor.
A streetwise operative whose life before politics has remained the subject of some controversy, Sonko devoted his first term in elective office, first as MP for Makadara and later as Senator of Nairobi, courting public attention through charlatanry, with his so-called “Sonko Rescue Team”, staging public stunts that were held out as substitutes for deficiencies in the delivery of public services.
In preparation for last year’s elections, where Sonko was expected to run for governor, and in response to criticism that he lacked the depth to run a city, Sonko went into a process of making himself over, gradually shading his gaudy attire in exchange for designer suits, in a bid to shake off the image of a punk that had fastened around him.
Whatever their differences in private, Igathe remained reverent towards Sonko, even attracting some criticism while defending the governor’s ill-advised use of the Sonko Rescue Team in performing cleaning up services in the city. There was a torrent of disapproval of Igathe’s support for Sonko, based on an argument that Igathe and Sonko already had a public budget for the very services for which they were accepting private charity.
CONTRASTS
Sonko and Igathe came into office as contrasts. With little formal education before he went into public office, Sonko presents himself as an example of the political success of the underclass.
Sonko has brought into office a style that celebrates an underclass sub-culture which he supposedly represents, and his charitable stunts often target the poorest people in the city. On his part, Igathe has a corporatist image, and was presented as the person who would do the work as Sonko embarked on populism.
Within Jubilee, Sonko is viewed as aligned to Deputy President William Ruto, while Igathe is thought to have the confidence of President Uhuru Kenyatta. In the circumstances, it has been tempting to extrapolate the problems at City Hall as representing something larger within Jubilee, possibly involving the President and his Deputy.
Whether or not this is the case, the implications of Igathe’s resignation will not be confined to City Hall and will almost certainly touch on the core of the Jubilee power arrangements.
DISAGREEMENTS
To begin with, as the capital city whose management signifies how the country is run, disagreements in Jubilee over the management of Nairobi could set the tone on how the whole country gets to view the government in the next five years. In their first term in office, Nairobi was under the control of the opposition, Cord, while Jubilee held the presidency. With Jubilee now in charge of both the presidency and the government of the city, responsibility at the two levels is aligned, making it difficult for Jubilee to pass the buck for failures.
It is not unlikely that President Kenyatta or his Deputy Ruto was aware of Igathe’s resignation before it happened and could have intervened suitably. The fact that this did not happen may signal an inability within Jubilee to mediate internal problems before these become crises for the country.
Secondly, by allowing a situation that led to Igathe’s resignation, Sonko has suffered a major blow that will significantly weaken his own authority, both within Jubilee and as governor of the city.
Although undoubtedly popular, Sonko’s capacity to lead has remained suspect. Having lost his deputy so early, Sonko will come under significant public scrutiny and may be forced to cede significant amounts of authority to Igathe’s successor, for fear that if the next deputy governor also resigns, public pressure may then force Sonko out as well.
RESIGNATION
Thirdly, while Igathe’s resignation may not be related to the alleged rivalries within Jubilee said to revolve around the Kenyatta succession, it could trigger those. To begin with, the fallout from Igathe’s resignation may have made Sonko a one-term governor, or may even trigger events that could force him out before his term is over.
In that case, the search for a Jubilee candidate for Nairobi governor in 2022 may have begun already and could cause major shifts in the governing party. Further, Sonko’s ambitions for higher office may have been checked irreversibly. Also, as a key county in Kenya, all the factions in Jubilee will want to have a say on how Nairobi is run, and would naturally want to influence the selection of Igathe’s successor.
TRANSPARENCY
Fourthly, Jubilee has previously sounded out a plan to abolish the county government of Nairobi, whose functions would be assimilated by the national government. A bill by then Muranga Senator Kembi Gitura was viewed as Jubilee’s hot air balloon on this plan.
It remains to be seen if this plan is still on, and unless more transparency is allowed into the Igathe affair, suspicion that this is a plan to wreck devolution in Nairobi will deepen.
The timing of the Igathe affair could have been better: President Kenyatta has to deal with a divided country, after another contentious General Election. A divided house in Jubilee does not represent the best beginning point for doing so.
 gkegoro@gmail.com

THE CUTTING EDGE

Summary

  • First, scrap the entrance charges levied on passenger drop-offs and pick-ups done in under 30 minutes.
  • He simply cannot understand why some Kenyans should be so hysterical about the 22 lucky people who will occupy those positions.
SHAKY PROMISE: The raging controversy over the naming of new Cabinet secretaries confirms that a house built on quicksand (read ICC cases) cannot stand, states Pita Njoroge, alluding to what he describes as Deputy President William Ruto’s Waterloo. He adds: “Ruto is now where Raila Odinga was in 2003, and where Kalonzo Musyoka was after the 2013 elections. Politicians never keep promises. As Niccolo Machiavelli once stated, when the prince becomes the king, he must discard the kingmaker.” His contact is pita.njoroge16@gmail.com.
CABINET JOBS: Why is so much national attention being paid to the 22 jobs in the Cabinet? asks university don and dowry negotiator X. N. Iraki. He simply cannot understand why some Kenyans should be so hysterical about the 22 lucky people who will occupy those positions and not the millions of their other compatriots who are jobless “in the same way we are so concerned about the 142 As in the KCSE exam and not the thousands whose education dream has ended”. His contact is xniraki@gmail.com.
TAXING TASK: Urgently calling the Kenya Revenue Authority is taxpayer Ben Sumuni, whose civic obligation is being frustrated by an apparent hitch on the iTax platform, which, ironically, is meant to ease tax compliance. Since the beginning of the year, Ben has been experiencing difficulties as he tries to file his December 2017 Pay As You Earn (PAYE) returns. “After selecting the PAYE option, the date option permanently has the October 2017 dates. This makes it impossible to indicate the December dates,” he moans. His contact is sumuniben@gmail.com.
AIRPORT AMBIANCE: A visit to JKIA, Robin Maremma says, left a sour taste in his mouth. First, scrap the entrance charges levied on passenger drop-offs and pick-ups done in under 30 minutes, he pleads and adds: “Secondly, the arrivals terminal looks like a cow auction. No decent shelter is provided for arriving passengers and their welcoming parties and no information on the status of flights.” Thirdly, missing the turn to the new parking, as the signage and lighting are wanting, one has to exit the airport and pay again. His contact is tellussafaris@yahoo.com.
SCHOOL BUS RULE: The raft of guidelines by the Education ministry on the movement of school buses, though meant to ensure the safety of schoolchildren, are just not practical, says Ruth Gituma, taking issue especially with the 6am to 6pm timing. “We, for instance, have children who are picked up at 5.30am so that they get to school in good time due to the endemic traffic jams in Nairobi. A child going to school in Lavington from Thika Road, for example, will certainly arrive late, given the bus has to pick up other children en route....” Her contact is rgitum@gmail.com.
IMPUNITY ON WHEELS: On Saturday, January 6, while travelling along Garissa Road at 12.40pm, Rodney Barton reports, he came up behind a matatu (Reg. KCG 2...), which was following a police vehicle, Reg. GKB 3.... In the next 10 minutes, he noted that both vehicles exceeded 100kph on several occasions. Against the backdrop of the recent fatal road crashes, Rodney asks: “Why was the matatu allowed to travel at that speed about 10 metres behind a police vehicle when it had an 80kph sticker on the back?” For the details, Rodney’s contact is rrbarton2001@yahoo.com.
Have a responsible day, won’t you!

Little wonder, Jubilee cozies up to US despite Trump racial slur

By MACHARIA GAITHO
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15.01.2018 
This file photo taken on November 21, 2017
This file photo taken on November 21, 2017 shows US President Donald Trump speaking to the press before departing from the south lawn of the White House in Washington, DC. AFP PHOTO | ANDREW CABALLERO-REYNOLDS 

There are many words respectable newspapers and television stations do not utter. But when a rude word gets the imprimatur of none other than the President of the United States of America, they become legitimate currency.
So, here we go. President Donald J. Trump, with a sh**hole where his mouth ought to be, has gravely insulted us all.
Every Kenyan, every African, every Haitian, every black and non-White person across the world must be deeply offended by the drivel coming out of that American cavity.
AMERICAN
I use the collective here very deliberately because Donald Trump is not the ordinary American citizen: He was elected by millions of Americans in expression of solidarity with his message of xenophobia, white supremacy and racial hatred.
That he came across during election campaigns as a sexual predator and misogynist did not rob him of favour with American voters.
The lying, foul-mouthed, emotionally unstable and, maybe, somewhat unhinged ignoramus has been entrusted with leadership by Americans.
Trump is America, and America is Trump. That is why it behoves us, as a country, to seek clarification on what his primitive world views mean for our relations with USA.
It might be time for us to let the American people know that choices have consequences.
ISRAEL
Not so long ago, on another forum, I questioned Kenya’s spineless ‘wait and see’ foreign policy after our representatives at the United Nations played truant during the General Assembly vote against US intentions to move its embassy in Israel to the disputed territory of Jerusalem.
Leaders who shout so loudly about sovereignty, nationalism and patriotism turned tail and fled when some American proconsul warned that their vote was being watched.
At the time, the Jubilee social media robots were mobilised, in usual fashion, to launch a coordinated counter-assault.
Their main points, apart from the regular ethnic drivel, were that Kenya could not defy mighty Uncle Sam and that the Israeli-Palestinian conflict was none of our business.
But this subservience to the US and other Western countries was not on display when certain individuals at the helm of Jubilee faced charges of crimes against humanity before the International Criminal Court.
As for the Middle East conflict being none of our business, tell us that the next time we suffer another terrorist attack.
ROAD TRIP
Or just take a road trip from Tana River to Lamu, and onwards to Garissa, Wajir and Mandera, and encounter a nation that has surrendered to rabid religious extremists who draw inspiration from areas we supposedly have no interest.
I can expect that, even this time with the latest trumpery from President Trump, Kenya will continue sitting on its hands even as other African countries express outrage.
Or maybe something has changed?
We approached the 2013 elections with the US and its Western allies keeping Jubilee presidential candidate Uhuru Kenyatta and running mate William Ruto at arm’s length due to the ICC indictments.
They seemed to favour Raila Odinga and Kalonzo Musyoka of the then-Cord alliance.
It was not until after the ICC cases collapsed that the West warmed up to the Jubilee leadership.
STATUS QUO
With the continuing contestation of the presidential election of last year, the Western allies seem to have written off the opposition National Super Alliance (Nasa) duo of Mr Odinga and Mr Musyoka and settled for the Uhuru-Ruto status quo.
This is evident from the role being played by US Ambassador Robert Godec and his British and German counterparts in brokering a national dialogue led largely by Jubilee sympathisers in the Kenya Private Sector Alliance business lobby and religious leaders selected for their conservative, pro-Establishment views.
It cannot be by accident that some of the stakeholders involved in earlier mediation efforts — including the civil society, academia, media practitioners, trade unions and professional associations — have been left out of the new initiative.
It should, therefore, be no surprise that Mr Odinga and his Nasa partners are suspicious of the American-brokered initiative that seems structured around the Jubilee agenda.
It might be instructive that it is Mr Odinga, rather than the Kenyan government, calling on President Trump to apologise for his idiotic slur.
As long as my government remains mum, I also, personally, demand an explanation from Ambassador Godec.
gaithomail@gmail.com Twitter: @MachariaGaitho

We must care for environment or perish

By NJERI MUATHE
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A picture of Ndakaine Dam. FILE PHOTO | NATION
A picture of Ndakaine Dam. FILE PHOTO | NATION MEDIA GROUP 

Characteristic of January is the hot weather, which results in low levels of water in the reservoirs and often water, and electricity, rationing.
Pastoralist communities get into conflict over water and pasture for their animals. We may experience crop failure. This is a cycle that happens year in year out.
We are feeling the effects of climate change. Yet conversations about the environment often come across as dull. But we must remain conscious that the environment is very important to us and that our lives depend on it.
POLLUTION
Five of the 17 Sustainable Development Goals focus on the environment. SDG 6 is on clean water and sanitation, SDG 7 affordable and clean energy, SDG 13 climate action, SDG 14 life below water and SDG 15 life on land. SDG 2, on zero hunger, has a direct connection to the environment.
Every year, about 6.5 million people die from air pollution and 80 per cent of the world’s waste water enters the environment without proper treatment. If we do not take action, our oceans will have more plastic than fish by 2050.
Globally, calls for care of the environment to mitigate the effects of climate change and global warming have been loud and we must pay attention to them.
Last month, the 3rd United Nations Environment Assembly (UNEA), which focused on prevention of pollution, was held in Nairobi and the 6th International Conference on Climate Change Adaptation took place in September in Canada.
The UN organises Climate Change Conferences every year.
GLOBAL
Pope Francis, in his 2015 Encyclical on the environment, titled Laudato Si, says: “Climate change is a global problem with grave implications: Environmental, social, economic, political and for the distribution of goods.” Calling the earth “our common home”, he urges us to take care of it.
The environment affects all aspects of our lives and our very being. Land and soil, air, marine and water continue to be needlessly polluted, causing untold destruction.
Our environment is largely very filthy with a lot of litter thrown all over. Taking a walk through Nairobi’s city centre, sadly, you come across trash strewn in all directions.
I must emphasise that, on matters environment, the buck stops with the Ministry of Environment for policy formulation and guidance. It is also the responsibility of the county governments to clean up and collect waste.
But I emphasise that each one of us has a personal responsibility to take care of our environment.
SWEET WRAPPER
But who is throwing waste all over? Isn’t it you and I? What if we carried that empty water bottle, that yoghurt can, that sweet wrapper to the nearest dustbin? What if that hawker collected all the trash that comes with the items they are selling? What if that car occupant didn’t throw their banana peel out of the window?
When was the last time you planted a tree? How about making tree planting part of events such as birthday parties, product launches and anniversaries?
The government very wisely banned the use of polythene in August last year. In addition, the government is constructing dams in various counties. But we need water to fill the dams.
We could commemorate the World Environment Day by planting trees in their millions. It should be a day that we get out and plant trees, so that we have rain water to fill the dams to bring to an end the drought cycles and enjoy food security.
I call on each one of us to make a conscious decision to take personal responsibility in taking care of our environment. Sadly, if we destroy our country, we have nowhere to run to.
Ms Muathe is a communications consultant. njerimuathe@gmail.com. Twitter: @wamuathe
SOURCE 

Stop the ‘mean score’ mania and let middle candidate rank school

By TERESA MWENDWA
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15.01.2018 
Standard Eight candidates sit for the
Standard Eight candidates sit for the mathematics paper on the start of KCPE exams on October 31, 2017. PHOTO | ONDARI OGEGA | NATION MEDIA GROUP 

The recent rejection of newly posted principals perceived to be unqualified to head ‘good’ schools was based on the historical ‘mean scores’ in the national examinations at their previous stations.
This should jolt us to the reality that we may have placed the mean score on a pedestal over the years while overlooking how it may have been attained.
But is a mean score the best criterion to rank a school or candidate? What, really, is a ‘good grade’ or ‘good school’?
RESULTS
Exam results are usually ranked from the highest- to lowest-scoring candidate but an average score may be measured as a mean, median or mode. The mean score is obtained after the total number of marks scored by all the students are put together and divided by the total number of candidates.
The mean is easily manipulable by tipping the scale either way. To achieve a high mean score, some schools take advantage of the variability of the mean as a measure of central tendency to have as many candidates as possible passing as few or none fail.
In this scenario, the most common score, which is the mode, is also as high as the mean because majority of the students will have done well and the middle student, who scores the median score, will also have as high a score.
For decades, national schools commonly referred to as the “academic giants” have selected students with the highest CPE or KCPE scores in their districts and set a high cut-off point for admission limited by the number of places available.
FORM ONE
So, their mean scores should not be compared with other schools admitting students who scored less marks.
Some principals in the ‘good’ schools have gradually segregated high scorers into an alpha or elite class, sometimes on entry at kindergarten or Form One.
These would get preferential attention by the teachers while they ignore the other, ‘average’ students.
The ostensibly high sense of achievement can only be authenticated by delinking pupils’ KCPE mean scores with their admitting schools during Form One selection and doing away with the school categorisation as “national” or “county” and classify them as boarding, day or special, regardless of State support.
Let all KCPE candidates be admitted to the schools near their homes to lighten households’ education cost burden and dampen the motivation to cheat in exams while allowing county administrations to objectively improve the quality of education in their schools.
We need to reflect on the hidden effect of this mean score mania on our candidates in the next three decades, not on schools or head teachers.
CANDIDATES
Most candidates may suffer depression or loss of self-esteem when the results are released publicly and sensationalised by the media, creating a sense of hopelessness that may trigger high-risk behaviour.
Parents and teachers associations should objectively review the trend in their school’s exam results over the past few decades. If the middle (median) and mean (average) score differ, then the results may not be a true reflection of the school’s performance.
The results should confirm a normal distribution. It is expected that fewer candidates attain very high scores with a similar proportion on the other extreme.
The majority will attain average scores.
If the marks scored by the middle candidate on each list is close to or the same as the mean score for each year, and if there are as few students scoring extremely high scores as have scored extremely lowly, then the results are authentic.
Scoring a school based on the median would be the true reflection of the efforts of the candidates and how effectively the teachers have delivered the curriculum for that level.
Dr Mwendwa, a clinical epidemiologist, is a lecturer in the Department of Medical Physiology at the University of Nairobi and the interim vice-chair, the Public Health Society of Kenya (PHSK). tmwendwa@uonbi.ac.ke.
SOURCE 

Tobiko laid strong base for new ODPP

By APOLLO MBOYA
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15.01.2018 
Former Director of Public Prosecutions Keriako
Former Director of Public Prosecutions Keriako Tobiko. PHOTO | PAUL WAWERU | NATION MEDIA GROUP 

The 2010 Constitution created the Office of the Director of Public Prosecutions (DPP) with wide-ranging prosecutorial powers, taking over criminal prosecution from the Office of the Attorney-General.
Senior Counsel Keriako Tobiko, then Deputy Public Prosecutor, transited as the first DPP. Mr Tobiko, who resigned from office recently following his nomination to the Cabinet, came in with impeccable academic credentials — including a First-Class Honours Bachelor of Laws degree from the University of Nairobi and a Master of Law from Cambridge University, England.
POLICE
Mr Tobiko had the difficult task of reinventing and transforming the Office of the Director of Public Prosecutions (ODPP) to align it with the constitutional dictates of independence.
The DPP, who has a secured tenure of eight years and such immense (sometimes seemingly unbridled) powers to control criminal prosecutions, can order the police to conduct investigations and to institute, undertake, take over or discontinue prosecution.
Among Mr Tobiko’s achievements is raising the number of prosecution counsel from 93 at inception to 627 while non-legal staff increased from 112 to 402.
Mr Tobiko devolved the ODPP. From only 13 field stations across the country in 2011, it has fully fledged offices in all the 47 counties with prosecution counsel in all the 121 court stations.
Then, over 95 per cent of prosecutions in the subordinate courts were handled by 305 police prosecutors, who have been replaced with professional prosecution counsel.
PROMOTE
To promote transparency and accountability in its decisions and enhance efficiency and effectiveness of prosecutions, the ODPP developed key prosecutorial policy documents, guidelines and manuals.
For the prosecutors, perhaps the most exciting development was the deliberate move to foster specialisation of the professional staff. The ODPP established 29 vibrant thematic prosecution divisions, sections and units.
To ensure responsiveness, access to justice and good governance in service delivery, Mr Tobiko, in addition to establishing a public complaints and compliments section, embraced social media platforms such as Twitter and Facebook for interaction with the public.
These milestones were made possible by the ODPP’s ability to attract development partners to invest their resources in professional skills development and capacity building for staff and other stakeholders.
This resulted in sponsorships for Master’s degree studies and targeted short courses for staff.
In a globalised world fraught with transnational and cross-border crimes requiring international legal cooperation, the ODPP joined regional and international bodies.
TOBIKO
They include the East Africa Association of Prosecutors (EAAP), for which Mr Tobiko is the immediate former president; Africa Prosecutors’ Association (APA); and International Association of Prosecutors (IAP).
These efforts have translated into a significant rise in performance. As the Chief Justice stated in the latest State of the Judiciary and Administration of Justice Report, Mr Tobiko attained the highest-ever conviction rate of 72.4 per cent in corruption and economic crime cases.
Civil society feted the DPP and ODPP in 2015/16 with the Best Public Service Awards while, in 2016 and 2017, the ODPP received the coveted FiRE award as the most improved public sector institution in financial reporting.
CRIME
Despite the remarkable achievements, however, there are instances in which Mr Tobiko could have asserted the independence of his office in the wake of inaction by the Directorate of Criminal Investigations (DCI). Many a time, the DPP directed the DCI to investigate incidents of crime and forward the files to his office for directions but he was either ignored or there were unexplained delays in executing the directives of the DPP.
The biggest test for Mr Tobiko did, indeed, come with last year’s General Election and the jury is still out since the Elections Offences Act 2016 gives the DPP one year to prosecute the related cases.
Nonetheless, Mr Tobiko leaves office with his head held high. Overall, on a scale of one to 10, I give Mr Keriako Tobiko a score of seven.
Mr Mboya, an advocate of the High Court of Kenya, is a former CEO of the Law Society of Kenya (LSK).
SOURCE