Folks,
The term "economic collapse" in Commerce and Trade is used to describe a broad range of bad economic conditions from a severe, prolonged fiscal bad debts incurred by any Government failed priorities to control or to regulate business activities of Trade and currency flow which equally ends with Depression ratings and hyperinflation which includes increase of human death rates from occurrences of such unregulated imbalances.
Economic collapse is usually accompanied by dysfunctioning of Government from delivering public service according to Public Mandate which as a result brings about social disintegration, destruction and chaos, civil unrest and many times a breakdown of law and order.
During economic imbalance failure, financial crisis his hard hit and it has been observed that, governments take refuge in confiscating or stealing private pensions, public taxes collectibles with other retirement savings, which are the constitution is very clear about public security protection to capital control management imposed by legislation policy to restrict or prohibit transferring of public money, securities or other valuables out of the country or utilized for other unrelated personal or private use.
Conspiracies now exist all around amongst those leaders who engage in corruption and illegal transfers of Public Wealth Resources because of selfishness of self ego by those who network with the unscrupulous International Corporate Business Community of Special Interest, who care for themselves, their business and mostly end up killing the poor; who turn to be victims of circumstances.
Cases of economic collapse include persistent trade deficits, civil wars, famines and depletion of important basic fundamental public's resources which are perpetuated by stubborn unscrupulous corrupt leaders whose illegality unscrupulousness is a driving force that pushes citizens to rebel against unprincipled, irregular and uncompromised policies that result to unfair delivery of service to the general Public. Unfortunately, this leads to a failure of democratic principles which open ways to economic collapse.
The educated professional lobbyist and CEOs who network with corrupt politicians and in return take big sums of money which are unrealistic and do not balance with the trade output, are the reason to economic problems which are the main reason why there is no accountability or checks of balances as is required by the constitution.
When a Government system stops working for public in delivering Public services, political turmoil sets in and it is followed by frustrations, severe hardship and these are signs that progressively develop economy is not working for people.
The Great Conspiracy For the Scramble for Africa:
Many unscrupulous International Corporate Business Community scramble to Africa to own land for Agriculture, Natural Resources and Minerals in the likes of Diamond, Gold, Titunium, Iron Ore, Coltan for computer chips etc., and the scramble to Africa is to hijack Africa so they can own Africa, but with good Constitution, Africa can be saved and proper favorable deal for Economic Trade and Exchange can be truck in a more conducive balanced and favorable environment where all people mutually gain.
Today Gold is replacing paper money with all other Bills and Promissory notes, if the paper currency is vanquishing and are not gaining momentum at the International Market, Government debt obligations through bonds are weakening and becoming worthless and Gold has now takes over. Who do you think will own land deposits of Gold in Africa, and who will benefit? Considering that the most of Gold and Oil are now coming from Africa, if Africa fail to put in place proper Constitutional laid down People's Bills of Right into serious consideration, where will Africa be? Who will be in control of Coltan minerals deposits for computer chips and other electronic accessories, if not Africans and if Africans are not cleverly protected under the Constitutional Bills of Rights?
Economic stability requires some sort of providing simple economy educational awareness to the Local Community about Constitutional Bills of Rights which Kenya's Coalition Government under the two Principals have not done, how will the people know if they are being ripped off or are being driven to slaughter houses? We all believe that, World Bank having released the funds for the same and the Coalition leadership refusing to provide the necessary required training, but instead are busy the Constitution to a joke, who do we go to blame? The two Principals in the Coalition Government see this relatively unimportant "it is their goldmine, a cash cow for themselves" their involvement in the conspiracy of defaulting People's Mandate is criminal. They are playing with public intelligence to conspire in the sale of Kenya and their auctioning of the Country to the International Corporate Business of Special Interest.
Without Proper Constitution put in place for Public Bills of Rights, No business local or international will be considered legitimate. It is illegal and is unacceptable.
For Kibaki and PM Raila to go to solicit greener pastures for investment or Aid from the International Business Community, is a case of panic, it is to solicit for a death pill to Kenya.
Main article: 1998 Russian financial crisis:
After more or less stabilizing after the disintegration of the USSR, a severe financial crisis took place in the Russian Federation in August 1998. It was caused by low oil prices and government expenditure cuts after the end of the Cold War. Other nations of the former Soviet Union also experienced economic collapse, although a number of crises also involved armed conflicts, like in the break-away region Chechnya. The default by Russia on its government bonds in 1998 led to the collapse of highly leveraged hedge fund Long Term Capital Management, which threatened the world financial system. The U.S. Federal Reserve organized a bailout of LTCM which turned it over to a banking consortium.
Is the world headed to a massive melt-down? This is part of reality each and everyone need to ponder and ask yourselves, where will Kenya/Africa be when we remain stuck in the mad after President Obama boosted us with the New Constitution inclusively with an offer to a welcoming Foreign Policy agenda which is for a Mutual Partnership towards a sustainable development agenda where everyone has an opportunity to benefit and improve their lives, but are treated with dignity instead of being made slaves in own country.
Derivatives: Derivatives have special legal exemptions that make them particularly attractive legal form for business between Governments and Investors, through which many business establishments get extended bonds for credit. Derivatives are poorly understood by most people, including most share market traders, most fund managers, most banking officials and most Government officials tasked with overseeing the economies of their respective countries! Most people aren't even aware of the derivatives trade. This is despite the fact that the derivatives market now dwarfs all other financial transactions, Africa is yet to educate its population to catch up before it can throw itself to expose Public Wealth and resources to collapsing International Corporate Communities of unscrupulous business of Special Interest scrambling to Africa after Eurozone collapse from European Large Banks. The derivatives in the business free market is not regulated as there is no central clearing house (is dangerous to Kenya/Africa poor economy and trading in derivatives without proper constitution is a crime) as applies to futures or options trading and because of that it has gotten so out of control that a significant number of derivative trades have gone busted, but in order to hide the financial disaster from their shareholders, derivative holders (usually banks or trading organisations) are choosing to simply roll the contracts forward into the future so that no one is actually taking delivery of the underlying contract. This is what failed "Wall Street" in "non-performing" mortgages that faced the bubbles. This practice pervert markets more or so in Africa to an extend that, 'prices' of tradable goods and items are unrealistic, are grossly suppressed even though there may be a huge physical shortage of the said item in comparison to Exchange Traded Funds. Many people in the global region now say, Derivatives have become "weapons of mass financial destruction" and when they finally unravel (which they inevitably will) they will undoubtedly bring down the whole financial pack of cards that comprises the world financial system. The derivative time bomb is so huge that most humans can't get their minds around it and so it is rarely mentioned in the mainstream press. CONCLUSION: Ponzi schemes, pyramid and Hedge funding fall under these derivatives of illegally funding or printed money with unbalanced rates put at artificial interest rates for loan leading resulting to massive debt through-out sections economic spin which runs down to affect ordinary consumer in their daily survival. The move of Mr. Githae is a time bomb which public are about to lose all their savings and wealth in a scandal.
This is a serious food of thought that require your weekend moment to digest.
Be prayerful and open your deeper thought and understanding of the value to God's purpose of creation, to where we are headed in this case-scenario.......
Thank you all for sharing,
Judy Miriga Diaspora Spokesperson Executive Director Confederation Council Foundation for Africa Inc., USA http://socioeconomicforum50.blogspot.com Parliament bends law allowing Githae to access Sh425bn Photo/FILE Finance Minister Njeru Githae. By BD reporter (email the author) Parliament granted the Treasury authority to withdraw Sh425 billion from the consolidated fund to finance its expenditure, pending the passage of a crucial law. After reprimanding Treasury for flouting the provisions of the constitution, MPs bent the law to allow Finance minister Njeru Githae to move the Vote on Account for the fiscal year 2012/13. Deputy Speaker Farah Maalim made a controversial ruling to hand Mr Githae leeway to withdraw the money from public coffers to finance services until the Appropriation Bill is passed by the House. The Appropriation Bill authorises withdrawal of money from consolidated fund for disbursement to various ministries to run government services. Gwasi MP John Mbadi, committee chairmen Chris Okemo (Finance) and Adan Keynan (defence) and Njoroge Baiya (Justice) opposed the motion saying the minister must comply with Article 221 (6) of the constitution that requires an Appropriation Bill to be passed before a Vote on Account can be taken Mr Keynan proposed that MPs effect a cut on the money Treasury is seeking by 25 per cent as a punishment to the government so that in future they comply with the constitution. MPs shelve Bill on control of county finances Kenya's Parliament building. Photo/FILE By EDWIN MUTAI (email the author) MPs postponed debate on the Public Finance Management Bill — which was due for scrutiny at the committee stage yesterday — until they go through many amendments proposed by the Treasury. The Bill is one of the constitutional legislations that are critical to the realisation of county governments. Its passage will enable the Ministry of Finance to establish county treasuries where devolved funds will be held after the money is released by the central government. Finance minister Njeru Githae withdrew the Bill from debate during the special sitting called to approve the Statute Law (Miscellaneous Amendment) Bill. Constitutional Oversight Implementation Committee chairman, Abdikadir Mohammed, said MPs had not had an opportunity to scrutinise the proposed amendments. Mr Abdikadir, supported by Finance Trade and Planning Committee chairman Chris Okemo asked Mr Githae and the deputy leader of government business, Amos Kimunya, to defer the consideration of the Bill, saying the House had been ambushed. Mr Okemo said the Bill was critical and that rushing it through will not be in the interest of the country. "We need sufficient time to interrogate the proposed amendments,'' he said. Temporary Speaker Ekwee Ethuro directed that the Bill be stood down to allow consultations between the minister and the MPs. "The Bill is going to be the life blood of county government making devolution a reality," Rangwe MP Martin Ogindo said. Among the proposed amendments is removing the discretion granted to the cabinet secretary in charge of finance to disburse funds to counties. They want the secretary compelled by law to disburse the monies meant for counties every first working day of every quarter in the financial year in equal instalments. emutai@ke.nationmedia.com Eurozone crisis hits Kenyan pension funds Retirement Benefits Authority CEO Edward Odundo. RBA's offshore investments dropped by Sh10.5 billion. File By George Ngigi (email the author) Retirement fund managers sold off more than two-thirds of their offshore assets in the second half of last year as the worsening European crisis deepened fears of a collapse of the euro currency. Latest data from the Retirement Benefit Authority (RBA) shows that offshore investments dropped by Sh10.5 billion in six months to Sh5.2 billion in December. The European debt crisis has heightened fears of a collapse of the eurozone and its common currency. "In an effort to recover some of the losses in the local market and take advantage of the unprecedented decline in the exchange rate that occurred in October 2011, some managers liquidated offshore assets resulting in a sharp decline in their offshore position and an increase in cash positions," said the RBA chief executive Edward Odundo in a report. The sharp decline of the shilling in the second half of last year also prompted some fund managers to sell off their offshore holdings to book gains from the weak currency. "Though the eurozone crisis began earlier, concerns started filtering into the market at around this time, investors liquidated their positions to take advantage of the weak shilling to invest locally for higher yields," said Einstein Kihanda, the chief investment officer at ICEA Lion Group. In the second half of last year, the shilling spiralled downward touching an all-time-low of 107 units to the dollar in October. To stop the depreciation of the shilling, the Central Bank of Kenya (CBK) increased interest rates so as to attract foreign inflows, further making it more profitable for fund managers to sell their offshore portfolios. Fund managers who held huge amounts of cash found it easy to bargain for high returns from banks which were in need of deposits. The banks were paying deposits of up to 30 per cent to wholesale depositors. Returns on the 91-day treasury bills also rose to over 20 per cent, as the CBK sought to woo international investors to boost foreign currency inflows. Investments in fixed deposits went up to Sh21.9 billion from Sh20 billion, while their cash holdings went up by Sh1.8 billion to Sh6.8 billion. The euro crisis has also been blamed for a slump of the equity markets as economic gloom in Kenya's largest export destination has meant lower demand prospects for Kenyan goods. The pension industry assets declined 7.9 per cent to Sh432.8 billion. "The sharp decline in industry assets was driven by short-term volatility including the steep drop in the Nairobi Securities Exchange during the period as well as the sharp rise in interest rates on government securities which resulted in a drop in the value of the lower yielding securities already held by the industry," said Mr Odundo. The value of investment in quoted shares dropped by Sh30 billion in six months to Sh93 billion from Sh123 billion in June. A sample survey of pension schemes by Alexander Forbes showed that the industry had a weighted average return of negative 9.9 per cent in December 2011 compared to 27.8 per cent in 2010. The drop in asset value by the national fund, National Social Security Fund (NSSF), was much higher at 13.7 per cent being almost double the industry slump. NSSF assets declined to Sh97.9 billion from Sh113.5 billion. Mr Kihanda said that it was now prudent to focus on long-term returns as that there were still uncertainties in the short run. The shilling, though having stabilised, is still considered to be under pressure needing constant intervention from the Central Bank while interest rates are still high. Investors are also cautious of the upcoming elections. The equities market has picked up 13.9 per cent in the last five months, which is likely to lift up the pension markets assets. gngigi@ke.nationmedia.com Rio+20 Countdown: Do we have the right institutions to go small?May 23, 2012 This is Part 4 of a series of blog posts leading up to the Rio+20 Sustainable Development Conference in Rio de Janeiro, Brazil on June 20-22. The full series is available here. ——————————————————————————————————————————————- Without a treaty for countries to sign, with the current political climate, with daunting environmental and poverty challenges, the Rio+20 Conference is most likely going small. This does not mean it is pushing for tiny changes, but it is aiming for governance that relies upon individual action by people and corporations rather than collectively-agreed treaties, resulting in laws in every country, resulting in individual action by people and corporations. If such a individual-action focused agenda is going to work, we need certain institutions to facilitate global action. Thankfully, one of the major agenda items for the Rio+20 Conference is on "the institutional framework for sustainable development." What are the options and which ones are likely to facilitate success in the post-Rio+20 world? To simplify matters significantly, there are three major institutional groupings relevant in international environmental politics today.  There is the United Nations System which includes a host of different organizations, efforts, and connections that deal with the environment. For our purposes: the two significant ones are the United Nations Environment Programme (UNEP) affiliated with the General Assembly and thus having wide membership. The Commission on Sustainable Development (CSD) affiliated with the Economic and Social Council of the UN and thus having a more focused, rotating membership. Currently, there are also connections with a host of specialized agencies, like the Food and Agriculture Organization and the World Bank, that focus on some environmental issues but there is not a dedicated environmental specialized agency.Outside of the UN System there are other institutions that deal with the environment. There are a host of independent treaties that are not part of the UN System, like the International Whaling Convention for example. These are crucial and the connections between them are growing stronger every year. Then there are non-treaty NGO institutions like the Forest Stewardship Council (FSC) that links NGOs with businesses to create effective forest certification arrangements. There are other efforts that are not in any of these groups, but they do not form a large part of the landscape. There are many problems with the current governance institutions identified by a variety of different perspectives:
Before turning to the specific proposals for change at Rio+20, it is important to ask whether this current structure can accomplish the decentralized effort likely to follow the Rio+20 Conference? It certainly does not seem to be working effectively, but does this mean it needs overhaul? Not necessarily. One of my favorite bumper stickers reads: I Don't Need Therapy, I Need Money (pictured at the right). Let's assume that one outcome of the Rio+20 conference is that states agree to 7% GDP in official development assistance and 2% in GDP to the current international environmental institutions (this is a completely ridiculous utopian possibility that does not reflect any actual proposal). Could the current institutions achieve the broad-based individual focused approach in this situation? Purely gut instinct says 'No'. Injecting money into a confused, competitive environment does not seem like it will help the governance situation. Instead, it seems just as likely to create expensive dueling pilot projects by different states and institutions in order to get more funding, but not to actually improve the situation. Although overhaul might not be necessary, institutional reform does need to happen to fix these problems. Proposals for Reform. There are lots of these that have been bandied about in the couple of years leading up to Rio+20, but a few stick out as plausible institutional reform. Strengthen UNEP. The G77 and European countries have both formally endorsed strengthening UNEP as a crucial reorganization of the institutional environment. President Kibaki of Kenya makes the claim simply:
Over 100 countries adopted the proposal, but the Americas were quite wary of the proposal. A U.S. State department official told AFP that:
Brazil and Canada were similarly skeptical of this proposal and made their disagreement clear from early on. The issue appears to be largely off the table at this point. A New Umbrella Body For the Rio+20 Agenda. The Stockholm Conference created UNEP to implement its agenda, the Rio+0 Conference in 1992 created CSD to implement its agenda, it may seem appropriate that we create a new institution for the specific agenda of Rio+20. Jan-Gustav Strandaneas for Stakeholder Forum has specifically developed a lengthy proposal arguing for this outcome. Strandaneas writes:
The idea would be to create a permanent council on the same level as the UN Economic and Social Council. The current international system would then begin to look like the picture at the right with a UN Council on Sustainable Development moving outside of ECOSOC and containing within it UNEP and other UN Environmental programs. The result would be an elevated forum for sustainable development issues beyond either currently UNEP or CSD. All Institutions are Local. The third approach contends that the international infrastructure is not likely to be improved in any significant way, so that instead we might want to push for nations to begin prioritizing sustainable development, we may want to require corporations to present sustainability reports, we may want local governments to be leaders in sustainability politics. Essentially, create a world where NGOs and competing governments and businesses have enough information to pressure, compete, or contest the claims of a business or government. This seems to be the path favored by those who see the best outcome of Rio+20 in developing Sustainable Development Goals (SDG). Bernstein and Brunee explain:
Sustainable Development Goals would be set through international agreement, monitored often through self or minimal monitoring and NGOs, Governments, or shareholders of companies would hold groups accountable through pressure, campaigns, and negotiated outcomes. The picture would look very similar to the first picture but we would expect that the monitoring provisions of the different bodies would be greatly increased and possibly see the creation of a high-level science body in the UN to propose and develop evaluation tools for these efforts. Do we have the right options for implementing a local focused global environmental political order? If we are going to see a global environmental order that operates through small-level actions rather than treaty-based mandates, we are going to need clarity, resources, and creative spaces. We currently lack the first two and this confines the creative spaces available to a significant extent. The options above are not mutually exclusive and can be done in conjunction with one another. However, all three institutional changes have significant limitations when it comes to going small. Strengthening UNEP has the potential to provide clarity and resources but may squeeze out creative spaces and if the organization has poor leadership it could reverberate. A new umbrella organization has the same problem but also may not actually clarify the situation. If UNEP remains outside of the new umbrella organization, it may be quite problematic. The Sustainable Development Goals approach offers lots of creativity but relies upon the continued activity of civil society with the resources to put pressure globally. Also, if the reporting does not significantly strengthen, we should not consider sustainability reporting to be a credible alternative at this time. We do have the institutional options for implementing a small global environmental order. What is important is that 1. institutional reform does happen and 2. that it not be the only thing that happens. The current system is not effective and confuses the situation more than it clarifies it. The options though may make a larger mess of the arrangement and lead to a lost decade of governance if they are not attached to clearly established agreements about funding, reporting, and the institutional arrangement. The next few blog posts will talk about some of these aspects. Institutional reform is crucial but cannot be the only aspect of the Rio+20 outcome and if it is we will be in line for more problems in the coming years. Will last Budget solidify Kibaki's legacy?Updated Thursday, June 14 2012 at 21:26 GMT+3 By MARTIN MUTUA As he sat pensively on the ceremonial seat of the State in Parliament Thursday, President Kibaki was probably pondering whether the budget statement by his new Finance Minister Njeru Githae would solidify his legacy. During his two-term presidency, mega corruption scandals like Anglo Leasing, Triton Oil, maize sale, free primary education and cemetery rip-offs threatened to cloud his legacy that on the brighter side was marked by an impressive economic growth and infrastructural development. With the next General Election set to be held in March next year, this would definitely be the last budget under the Kibaki government as the country's third Head of State. President Kibaki was sworn into office on December 29, 2007 for his second term after the bungled presidential elections, but his term will be extended for two months by the National Accord, which created the coalition government in January 2008. The Head of State has not had it easy since he came to power in 2003 following the Narc wave that saw him whitewash the preferred Kanu candidate, now Deputy Prime Minister Uhuru Kenyatta. Whereas President Kibaki will be remembered to have come to power on the promise of zero-tolerance to corruption, his regime has been dogged with one scandal after another, with none having been investigated and culprits brought to book. Dogged by scandal The Kibaki regime has been dogged by scandals that have seen taxpayers lose billions from State coffers through corrupt deals that have involved top government officials. To date, however, none of the government officials who have been named in the scandals have been arraigned in court to face the law. The scandals that have since left a bitter taste in the mouths of many include Anglo Leasing, Triton, the controversial sale of the Grand Regency Hotel and more recently the free primary education scandal where funds meant for public schools were embezzled. But on the positive side the Head of State would be walking with his head high after leaving office following the establishment of several projects that have received accolades from majority of Kenyans. The recent massive road network projects that have seen the country acquire super highways that have eased traffic congestion in and out of the city centre is a matter of public knowledge. And apart from the embezzlement of funds meant for the education sector, the introduction of the free primary education will go down the annals of history as one of the cornerstones the Kibaki administration initiated for the country. Pilots demand to investigate fatal plane crashUpdated 7 hrs 12 mins ago By Steve Mkawale The Kenya Airlines Pilots Association (KALPA) wants to be included in the team investigating the fatal helicopter crash that occurred in June 10. The association through its Secretary General Captain Ronald Karauri said they were yet to receive response from the government on their inclusion in the probe team that was sworn in on Wednesday by Chief Justice Dr. Willy Mutunga. "We have written to the government through the Ministry of Transport for our participation into the helicopter crash but we are yet to get response," said Karauri. He made the remarks when top officials of the association met the parliamentary committee on Public Works and Housing at parliament buildings on Thursday. The committee had summoned the pilots to shed light on alleged skewed employment policy at the Kenya Airways, which has seen the national carrier prefer hiring of expatriate staff to locals. But members of the committee led by Matungu MP David Were asked the pilots' opinion in regard to the helicopter crash that happened on June 10, at Ngong Forest. The government appointed a probe team headed by High Court judge lady Justice Kaplana Rawal to investigate the cause of helicopter crash. Three foreigners from France will join the investigation team while families of the deceased will be allowed to participate in the proceedings. However, the pilots raised issues about the safety country's airspace saying the government need to invest in modern technology in the aviation industry, as well upgrading facilities at the Jomo Kenyatta International Airport and other facilities across the country. "JKIA need to have a modern Instrument Landing System that can be able to guide planes to land even during bad weather. The airport has ILS equipment but need to acquire better category," said Karauri. He said the association was shocked to learn that the ill-fated police helicopter had no insurance cover. "It is important for police aircrafts to have insurance, we were shocked to learn that the insurance cover on the police helicopter was withdrawn-that is strange," said the official. Karauri said the pilots' inclusion into the probe team would give an independent perspective into the investigations. The probe team that was sworn in last Wednesday and begun its work by visiting the crash site in Ngong Forest. Nyangwes22 June 2012 3:04 PM This is very curious! Why would the committee investigating the accident not include Pilots? Their professional expertise is invaluable to the investigation surely. I hope this exclusion can be righted, because on this one we need to have a clear picture of what really happened on June 10th 2012, no sugar coating or white washing should be allowed, even if it is a semblance. Justice must be done, and be seen to have been done. I will unite Kenyans if elected president, says Mudavadi Deputy Prime Minister Musalia Mudavadi addresses the public after opening the Centre of Excellence Stimulus Project at Friends Samatsi Girls High School in Malava constituency, Kakamega County June 22, 2012. He said he will unite the country if elected Kenya's fourth president. DPMPS By DPMPS Posted Friday, June 22 2012 at 18:21 Deputy Prime Minister Musalia Mudavadi has said he will unite the country if elected Kenya's fourth president. Mr Mudavadi said Friday his candidature aims at offering Kenyans stable leadership devoid of tribalism and an end to political hostilities, "I will not talk tribal language but the language to unite all Kenyans as I seek votes to be president. "Our aim in United Democratic Forum (UDF) party is to unite all Kenyans, end hostilities for prosperity and development for the betterment of all Kenyans" he said in Malava constituency, Kakamega County. The Sabatia MP said UDF will seek to win the elections in the first round and urged locals not to fall prey to schemes by opponents who were out to divide the western vote. "In UDF party, we want to win in the first round but there are others want extra time and that is why they want to divide us. We should not fall into their scheme. Let us vote as a block in order to defeat their opportunistic plans," he said. He said there were leaders from the region who feared they would lose ministerial positions if they openly supported his candidature. "Some of our leaders still live in fear that if they support Mudavadi they will lose their flag. They should know this is our time. Kenyans have given us the opportunity to lead this country like other Kenyans", he said. The DPM was accompanied by Housing minister Shoita Shitanda who is also area MP, Ikolomani MP Bonny Khalwale and Justus Kizito (Shinyalu). LSK: Changes on Vetting Act unconstitutionalSHARE THIS STORYUpdated 3 hrs 51 mins ago By JOSEPHAT SIROR Parliament has come under attack for amending legislations on political, elections and vetting of judges through Miscellaneous and Amendment Bill. Lawyers Society of Kenya fired the shot opposing the move by Parliament to amend the legislation on the vetting of judges and Magistrates. The body said the changes effected into the Vetting Act are unconstitutional and must be quashed off. Addressing a press conference at LSK headquarters in Nairobi Friday, Chairman Eric Mutua said the Constitution did not donate powers to the Judicial Service Commission (JSC) to vet judges and magistrates. "The procedure of and mechanism for vetting was established through the Vetting Board. The constitution did not donate any such function," said Mr Mutua while referring to articles 171 and 172 of the Constitution. Article 172 of the Constitution says that one of the functions of JSC is to recommend to the President persons for appointment. The lawyers' body is, however, concerned that introduction of the motion which resulted into amendment breached the Constitution. "When you look at the Hansard on how the issue of JSC was introduced in Parliament, you will confirm that first there was no consultation and secondly it was difficult for parliament to appreciate the effect," said the chairman in a statement. The chairman also criticised the parliament saying there was an elaborate scheme by forces of impunity to scuttle vetting process. Mutua said LSK was locked out of the process, adding that an invite to Parliament was cancelled at the last minute in what the body described as "part of the scheme." Ruto: Parliament should not be an 'elitist club' Chepalungu MP Isaac Ruto (left) and his Kuria counterpart Wilfred Machage (right) try to catch the eye of the moderator during a forum on county system of governance at the Safari Park Hotel, Nairobi June 22, 2012. Mr Ruto accused his colleagues of scheming to sneak in the controversial amendment on academic standards for parliamentary aspirants. SALATON NJAU By CAROLINE WAFULA cwafula@ke.nationmedia.com Posted Friday, June 22 2012 at 17:53 An MP is accusing his colleagues of scheming to sneak in the controversial amendment on academic standards for parliamentary aspirants that caught most of them off-guard. Chepalungu MP Isaac Ruto claimed Friday that MPs who pushed the amendment through met Thursday morning to scheme on the amendment that will lock out at least a half of the current MPs from the next Parliament. "A few met in the morning to discuss the amendment and somebody just rushed it through Parliament," he lamented during a forum on county system of governance at the Safari Park Hotel, Nairobi. The MP termed the requirement unreasonable and unnecessary in political leadership. "You cannot apply such standards as if we are going to be judges of the High Court. This shouldn't be an elitist affair." Mr Ruto said Parliament was about representation of the people and not elitism, and that those who supported the amendment went overboard. "This is not a senior common room like that at the University of Nairobi, we cannot make Parliament an elitist club," he stated. He argued that some MPs have served more than two terms in Parliament and that was enough experience, better than any university degree. "Isn't that enough to qualify them? If their people have elected them those many times, doesn't it show they are confident in their leadership capacity?" he posed. He also argued that some professions have no degrees and should be considered in terms of training undertaken in middle level colleges and technical institutions. Presidential assent He spoke as it emerged that those opposing the new requirement have now put their hopes on President Kibaki whose signature on the Statute Law (Miscellaneous Amendments) Bill, 2012 will make or break them. The requirement raising the bar for academic qualification for parliamentary aspirants affects almost a half of the current MPs who are not taking it lying down. Those affected now say they were ambushed by their colleagues. "At this stage it depends on the President to assent to the Bill or not. If he assents then we have to wait for a very long six months to introduce the matter again, and for us who are pushing for elections in December, that may be too late because then we shall have elections," Mr Ruto stated. The MP, who confirmed signing a petition against the changes, argued that what was passed on Wednesday was fine but the reversal on Thursday was unreasonable. "Really, I don't personally believe degrees are a must and they should not be a basis in this case, there are other routes that people can get academic qualifications," he said. MPs beat retreat, undo amendment amid uproarUpdated 6 hrs 22 mins ago By Alex Ndegwa and Peter Opiyo Embarrassed, startled by national outrage, and shocked by media exposure of their selfish interests, Members of Parliament reversed some of the stunning amendments they passed on Wednesday night. The MPS had ganged up against the new electoral laws on political parties and academic levels for running a process seen to be a subversion of the sovereign will of Kenyans as expressed in the 2010 referendum on Constitution. Though they reinstated academic ceiling of university degrees for parliamentary and presidential candidates, forced by the realisation they risked lower salary grading by Salary Remuneration Commission, the MPs, however, retained the ticket they gave themselves to change parties as they wish. This means the country could have lost the hope of enforcing discipline in political parties, which is a key pillar of democracy. The confusing, but half-hearted change of tune by MPs cast a negative image of leaders torn between being faithful to the national interest, and working for their personal gains. The MPs rescinded a provision that had exempted MPs and councillors from high academic credentials spelt out in law should they defend their positions in the March 2013 General Election. The U-turn came hours after the acrimonious Wednesday night session during which MPs passed controversial amendments to the Political Parties Act and Elections Act, which have sparked public condemnation. Amendments designed to facilitate party hopping as dozens of MPs face court cases for defections yet they have clung onto their parliamentary seats, were effected to the Statute Law (Miscellaneous Amendments) Bill. Through the Omnibus legislation, which enables a review of multiple laws at ago, lawmakers relaxed stringent electoral timelines whose effect was to permit last-minute defections for losers of party nominations. But the MPs still made sure losers of presidential elections and their running mates would find their way back into the House after political parties were allowed to nominate them. But the MPs rejected a proposal to allow presidential candidates to run for other elective seats apparently determined to ward off competition. The new academic qualifications will lock out about 80 MPs, who will not be eligible to vie because they are not university graduates. It will also apply in the event of any pending by-elections because the law comes into effect immediately. On Thursday, the Commission for the Implementation of the Constitution, the Law Society of Kenya, and civil society organisations condemned the changes as an assault on the Constitution, which was ratified in August 2010. Challenge They vowed to challenge the unconstitutional amendments in court. "We see these amendments as an illegality and a move by Parliament to circumvent the provisions of the Constitution, which deal with leadership and integrity," LSK Chairman, Eric Mutua, said in a statement. The Kenyans for Peace with Truth and Justice said during a press conference at the Kenya Human Rights Commission offices in Nairobi: "Kenyans must rise up against these schemes by Members of Parliament to erode reform as established by the Constitution." "Should the Bill be enacted into law we shall, together with other like-minded organisations and individuals, take legal action in courts of law, so as to uphold, defend and protect the letter and spirit of the Constitution," concluded the statement signed by Atsango Chesoni, Executive Director, and KHRC. The MPs reinstated the requirement for a university degree certificate for those seeking to contest parliamentary seats. They also reinstated post-secondary school qualification for County Assembly representatives. But even that move followed the caution that MPs stood to earn less because the Salaries and Remuneration Commission would peg earnings on academic qualifications. Transport Minister Amos Kimunya reopened discussions on the contentious clause warning lower qualifications for entry to Parliament would reduce their pay. Finance Minister Njeru Githae said the Commission was trying to allocate salaries based on academic qualifications, workload, and responsibilities. "It is important we have some higher qualifications so that when the salaries are being reviewed MPs do not lose out because they don't have degrees," Githae warned. That eventually saw the scrapping of the blanket provision by Bura MP Abdi Nuh, which provided that academic credentials did not matter for MPs and councillors who defended their seats. In the changes debated by the House and passed under the simple majority and acclamation rule, MPs voted for amendments to shield their colleagues who had deserted parties that sponsored them to Parliament from losing their seats. On Wednesday night tempers flared during proceedings, which went until midnight, as members engaged in angry exchanges. The Chair of the Committee of the Whole House during scrutiny of the Bill Joyce Laboso ordered ODM nominated MP Rachael Shebesh out of the Chamber for disorderly conduct. Heckled ODM Parliamentary Group Secretary, Ababu Namwamba, was heckled as he read out a letter by CIC chairman warning of court action if the unconstitutional provisions were passed. "We cannot allow people to continue defiling the Constitution. No amount of heckling will turn this into a House of legislative banditry and piracy," Namwamba said. When he asked Attorney General Githu Muigai's advice on the issue, the AG replied the Speaker had certified the Bill, and it was upon the MP to persuade colleagues. The chairman of Parliament's Constitutional Implementation Oversight Committee chairman Abdikadir Mohammed told off Namwamba, saying Parliament's legislative role could not be muzzled. "CIC is an important institution under the Constitution, but the functions of CIC does not include supervision of Parliament," Abdikadir said. Gachoka MP Mutava Musyimi defended his amendment to shield party-hopping MPs from losing their seats, saying the country was undergoing a delicate transition. "This nation is in transition and transitions are not easy. We need to give parties the necessary legal framework during this transition period to facilitate negotiations that are about the future of the country," said Musyimi. "The law was made for man not man for law. If it is necessary to change the law we should do so without feeling intimidated," he added. Gichugu MP Martha Karua said the changes had opened a floodgate for party-hopping and political promiscuity. "It is a great shame that shortly after passing the new Constitution and the Political Parties Act, we MPs are saying, allow us as the rest of Kenya obeys the Constitution, to misbehave just a little, not to be faithful to the parties through which we have come to Parliament," Karua said. Gem MP Jakoyo Midiwo said: "The people who are used to (political party) indiscipline will win. But my colleagues should know that there cannot be a thriving multiparty democracy if there is no party discipline." Embakasi MP Ferdinard Waititu argued the only way to ensure candidates were not shortchanged through bribery during party nominations was to allow last-minute defections |
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