APSEA Blog

The Public Benefits Organisations Act 2013

The Public Benefits Organisations Act 2013, the new regulatory and administrative framework for non-governmental organisations expected to come into force soon, provides for the establishment of an authority to be known as the Public Benefits Organisations Regulatory Authority.

It is this Authority that will take over the roles and powers of the Non-Governmental Organisations Coordination Act of 1990.

Under the Non-Governmental Organisations Coordination Act 1990, which will stand repealed upon the coming into force of the new law, registered NGOs were under the NGO Coordination Board.

It is this board that has now been turned into an authority to ensure compliance by registered organisations with the administrative and reporting obligations stipulated in the new law.

The law provides that every organisation registered under the Act shall have the freedom to join in association with other organisations as it may desire a forum (network) of public benefit organisations.

This is particularly important for like-minded organisations that may be desirous of pooling their resources and synergy on thematic areas of common interest. But this is not the only avenue open for public benefit organisations keen to form broad-based alliances in pursuit of shared objectives and goals.

The law also establishes the National Federation of Public benefits Organisations, which shall be the umbrella body of all public benefit organisations registered under the Act, among other self-regulation forums recognised by the law.

Unlike in the past when elections to the Council of Non-Governmental Organisations (NGO Council) were marred by massive irregularities and electoral malpractices largely associated with political parties, the elections to offices of the governing body of the Federation shall be supervised by the Independent Electoral and Boundaries Commission (IEBC).

One can only hope that in its supervision of the elections to the Federation, the IEBC will do a better job of it and ensure a more transparent, accurate and credible process than it performed during the last general election early this year.

Self-regulation is thus a key plank in any forums that a public benefit organisation may chose to join under the Act. And in an apparent move to avoid a situation whereby such forums become full-fledged organisations as has been the case, and to be able to intervene in resolution of any dispute that may arise between members, each forum shall enter into a recognition agreement with the Authority upon satisfactory proof that it represents a sizeable number of organisations and has the capacity to execute the agenda that brought them together in the first place.

Adapted from standardmedia.co.ke

kenya-pfm-act-2012.pdf

I take this opportunity much as it gives me pleasure to write this letter to the various professional; disciplines in this country.
Since time in immemorial professionals across the world, have been the backbone in all development aspects, they come in different dimensions and cover all aspects of life, Their expertise has been depended upon and has made life simple and easy to man-oeuver.
Professionals take a lot of time and resources in pursuit of excellence in their areas of expertise trying to horn skills in order to deliver quality services to the intended consumer. They are expected to be the light of the world join hands with the leaders making sure that whatever decisions made at all levels ends as edible product to the targeted user.
Many a times, Professional face hurdles during the executions of their services, bad policies and unwillingness emanating from dubious un professionals who found their way to the leadership through corrupt means, erect barriers to keep at bay professionals willing to save this country.
It is in this regard that I call upon all professionals to join hands and strengthen the body that voices their concern as a tool to wade away undeserving elements that get into their way causing untold suffering to the professionals and those their services are intended to.
We are aware that the world is changing very rapidly and this change as a matter of fact is being brought by professionals working overtime to see professional services at par or commensurate with the times.
We are departing from the old and embracing newer and efficient order of doing things and we shall be surprised not to find enemies of this progress along the way.
Bearing this in mind, we are grateful with the effort by the professionals and likeminded people who are seeing to it that the newly promulgated constitution a document expected to serve as a Bible or Koran to lead this country to even greater heights of development is implemented faithfully.
I know it is not easy, but with sheer determination coupled with a lot of vigilance you shall come out victoriously and in the fullness of time the mission will have been accomplished.
I sincerely wish you well!
Joseph
Association of Professional Societies in East Africa

Environment in a nutshell and for the sake of clarity is what surrounds us, be it buildings, mountains water pans trees etc. As far as i can remember, down the streets of memory this country was endowed with beautiful sceneries most that came naturally, there were beautiful rivers, mountains, forests to name just a few.
During this time, everything seemed to co-exist in harmony enjoying every bit of life and life was generally good providing great peace of mind. As time went by, things unnoticeably started to change, human beings who were custodians of the so called environment, either because of ignorance or greed started being indifferent and insensitive to the innocent environment, trees that provided the undercover were cut and destroyed indiscriminately using them to build or burning charcoal for monetary gains, Cultivation was done along the river banks causing breakage to their banks and soil erosion for the first time was experienced. Mountains were cleared of their vegetation which gave way to direct sunlight leading to desertification.
The rude phenomena continued unabated until the climate we initially enjoyed became completly interrupted. The growth of technology through the world became a blessing in disguise because it is during the application of this technology that the environment became even more vulnerable.
During their activities factories and industries emitted dangerous fumes that found their way to the skies destroying the ozone layer. This ozone layer became depleted allowing dangerous gases and rays direct from the sun causing serious effects to the earth inhabitants.
The reason why am upbeat about this is to seek for an urgent solution to reverse this situation for the sake of us and incoming generations. It is foolhardy to assume that you are not being affected by this situation in any way. In the most recent times we have witnessed a change in weather patterns, receiving rains and extreme cold when we least expect them, scorching sunny intervals contrary to what we have been used to and the whole thing about climate has been unpredictable.
This has not only overturned our plans especially our country where we always depend on climate for our agriculture based economy. It beats logic how we can continue sitting a jar without worry in the back drop of such a threatening situation.

This genuine question was raised by IEA (Institute of Economic Affairs) on the following article by CEO of the Institute of Economic Affairs.

The Pursuit of the ultimate prize in Kenyan politics shifts into top gear with aspirants currently maintaining an increasingly gruel, brutal pace. The pursuit of power is a contact sport, rarely pretty and with aspirants meting out hard tackles to each other, voters are presented with an opportunity to discover who among the leading contenders can handle the pressure, still be true to themselves, communicate their Policy’s and connect with them. The aspirants Communication Styles are coming under increased scrutiny and it’s of the essence that all the campaigns learn how to take advantage of their aspirant’s communication strengths and also how to patch up their weaknesses.

Understanding an aspirant’s communication style will also be useful to the campaigns as it is a major factor to consider when selecting a running mate. An aspirant who understands their communication deficiencies will select a running mate who complements them. For example a Direct Communicator who normally possesses very exceptional executive management skills but very poor people skills may require a “ Considerate Communicator” who puts peoples feeling in play, in order to enhance
connection with voters.

we analyze the communication styles of Musalia Mudavadi, Uhuru
Kenyatta and Kalonzo Musyoka.

Musalia Mudavadi
Musalia Mudavadi comes across as a “Systematic Communicator”, his style finds outward expression when he speaks; he normally makes an even delivery, devoid of colorful language, is very precise and tends to speak in a monotone. He has an almost reluctant demeanor, and is not very expressive meaning he makes great effort to control his emotions and tends to be very private. In the course of my research, the most prominent non-verbal aspect of his communication style was his almost apparent
aversion to touch, he seems to like his personal space and maintains a poker face. It’s quite tough to predict what he is thinking and this could explain why despite the many years he has spent on Kenya’s political scene it’s hard to pin down his political philosophy. His major strength as a systematic Communicator is that he tends to make decisions based on facts, not emotions and will rely greatly on data thereby coming across as excellent problem solver. His “cool” no drama persona is a plus with voters who prefer a levelheaded President.

The downside of his style is that he is averse to risk, can focus too much on details before making a decision “a classical example of paralysis through analysis” and is and because he bottles up his emotions, he can come across as impersonal, lacking in the very vital quality of empathy, crucial in enhancing human connections.

Recommendations
Musalia Mudavadi’s tendency to be private, must be addressed by his campaign, one of the main messages he must communicate is who he is and what he stands for, in essence introduce himself to Kenyans. His stump speech should incorporate personal disclosures and he must avoid speaking in a monotone, add a little vocal variety. He will thrive well in smaller town hall formats, and he must try to loosen up on his controlled movements, by getting closer to people shaking hands, patting backs and the occasional hug. His communication style will not thrive very well in the debates especially when up against the direct communicator and he must get ready to overcome this challenge during the aspirants’ debates.

Uhuru Kenyatta
Uhuru Kenyatta appears to be a “Spirited Communicator”. He tends to speak in an enthusiastic manner and comes across as a friendly person. Because of his lively demeanor he easily generates excitement and has of late excelled in building alliances in turn using those personal relationships to accomplish his objectives. He is highly expressive meaning he will display his emotions and is highly assertive in that he goes to great effort to influence the thoughts and control the actions of others. His communication strengths are that he loves to be around people, he genuinely seems to come alive with crowds, can work at a fast pace and can be quite persuasive on the stump. In interpersonal interactions has an enthusiastic handshake a fact that is not bad for a politician.

The downside of his Communication as evidenced by certain incidences is that he will tend to intensify his verbal behavior at times, especially when riled up and will respond to criticism with verbal attacks at times. He can be a selective listener and may not hear all the details and can be overdramatic, this makes him good for crowds and poor in small groups or meetings. He seems not to love details for details sake, but always wants to understand how it will fit into the bigger picture and this makes him get impatient easily, especially when asked a long winded personal question losing his cool at times.



Recommendations
Uhuru Kenyatta’s campaign needs to develop solid talking points that are big on specifics, to avoid him glossing over important details. Despite the fact that he comes across as passionate, his messages must be structured in a manner that makes him appear as possessing goodwill in order to enhance connection with voters. He must learn how to rein in his emotions especially when under pressure and how to maintain his cool. It would be a plus for him to express humility; a virtue that always endears a person to others. During the Presidential aspirants debate, his opponents will try to irritate him, and if he gets angry they will have him where they want
forcing him to inevitably make some verbal and non-verbal mistakes. His handlers have to prepare him for TV interviews by ensuring his eyes don't appear tired and bloodshot, voters seem to connect more with a “fresh” looking candidate, the campaign would do good to hire a make up artistes and stylists especially for those TV appearances.

Kalonzo Musyoka
Kalonzo Musyoka appears to be a “Considerate Communicator”. He comes across as less assertive, is quite process oriented, deliberate and appears very attentive during interpersonal interactions. When speaking he will generally use supportive language, and works very hard to try and project teamwork, uses a soft tone and projects “patient speech”. Kalonzo at times dithers in making decisions, since he tends to ask others how things should be and will rarely offer his own opinion. His Non-verbal communication comprises slow deliberate movements, a gentle handshake and a clean crisp image.

His strengths are that he comes across as someone who cares about others and seems to possess great consensus building skills and can work very well in a team. The downside of his communication style is that the Mantra of “change” that usually makes for good electioneering messages will not resonate with him since he prefers to do what is comfortable, is averse to conflict and will give in easily. He may at times avoid telling others what they need to hear resulting in tensions that may linger under the surface until he becomes resentful thereby resulting in edgy interactionswith others.

Recommendations
Kalonzo Musyoka needs to learn how to become more assertive, since as a president he will be required to be decisive. In order to build trust with voters, he will need to be more task oriented, passionate, active and confident and his body language during interactions with voters must demonstrate this. His clean crisp image while good at times makes him lose the quality of authenticity, by making him appear “canned” and it wont hurt to give him the “friendly next door neighbor look” at times. He appears reluctant and uncomfortable in large crowds and his campaign would do good to get him into smaller town hall set-ups where he thrives well
and can use his listening skills to an advantage. When inevitably he gets to address large crowds, he must be enthusiastic and spontaneous. His campaign manager needs to devise strategies and messages that will position his as trustworthy, confident and ready to lead.

The killing of the controversial cleric has seen sectarian violence in Mombasa with attack on churches and policemen. A grenade attack and use of automatic weapons on security officers pointed to involvement of a third force. The protest seem pre-planned and organised which raises more questions than answers. Did Alshabab plan killling of the cleric to get youth to their camp,Were they ready for this, Is kenya goverment machinery failling or are they just overwhelmed, does NSIS still exist, who is responsible, who is accountable, when will the situation come to rest?

Pursuant to section 5(6) of the Sixth Schedule to the Constitution, Section 4 of the Commission for the Implementation of the Constitution Act, 2010 and in the spirit of upholding the principle of public participation under Article 10 of the Constitution, the Commission for the Implementation of the Constitution (CIC) hereby notifies the public of its preliminary review of the Leadership and Integrity Bill, 2012 as published by the Minister for Justice, National Cohesion and Constitutional Affairs.
The CIC has reviewed the published Leadership and Integrity Bill 2012 and hereby wishes to inform the public of its position with respect to the published bill.
The Leadership and Integrity Bill, which was forwarded to CIC on 19th June 2012 by the Office of the Attorney-General, was subjected to review by the public as demanded by the constitution and thereby enabling public input and participation.
The Bill was also subjected to a roundtable meeting which involved the AG’s office, the Kenya Law Reform Commission, the Ministry of Justice, National Cohesion, and Constitutional Affairs, the Office of the President, Public Service Commission, Ethics and Anti-Corruption Commission. Before forwarding the Bill to the AG, CIC confirmed that it  had addressed the following key issues;
1.    Established procedures and mechanisms for the effective administration of Chapter Six as required by Article 80 (a).
2.    Prescribed penalties, in addition to those in Article 75 as required by Article 80(b).
3.    Provided for the application of Chapter Six with the necessary modification to public officers as required by Article 80 (c)
4.    Made provisions for ensuring the promotion of the principles of leadership and integrity mentioned in Chapter Six and enforcement of the Chapter as required under Article 80(d).
5.    Ensured the Ethics and Anti-Corruption Commission (EACC) is the primary entity for ensuring compliance with, and enforcement of Chapter Six as contemplated by Article 79
6.    Emphasized on the need for those seeking elective posts to fulfill moral and ethical requirements as required by Article 99(1)(b) and Article 193(1)(b).

The CIC, having considered the published Bill on Leadership and Integrity, 2012, is of the opinion that the proposed law is ineffective in implementing Chapter Six of the Constitution and contains clauses that are unconstitutional.

From a cursory glance, CIC is able to deduce 5 critical failings of the Bill;-

1.    The Bill is not a reflection of various proposals and memorandums received from the public on what should be contained in a leadership and integrity law;
2.    The Bill fails to establish transparent procedures and mechanisms for the effective administration of Chapter Six and more specifically;
a.     fails to establish a vetting process for persons seeking election to public office whilst also ensuring that they conform to the requirements of Chapter Six and the ethical and moral requirements necessary under Article 99. This is a key expectation of the Bill whose objective is to provide a minimum threshold of election based on personal integrity, competence and suitability. Fails, as a fundamental requirement, to allow for public input and participation into the vetting process for persons seeking election or appointment to State office
b.    fails to provide for processes of review and appeal for persons dissatisfied with decisions of the vetting institutions.
3.    The Bill waters down key provisions of the Constitution and in particular key aspects of Chapter Six such as Article 77 that deals with gainful employment and Article 73 on Responsibilities of Leadership.
4.    The Bill fails to provide for a mechanism that would allow the EACC to prosecute cases of breach of Chapter Six where the Director of Public Prosecutions refuses to prosecute without good cause.
5.    The Bill places on all public officers requirements for compliance that contravene the letter, spirit and intent of the Constitution and Chapter Six. These include the requirement to take Oaths of Office and prohibition of dual citizenship, requirements which the constitution required of State Officers only .


Best practice and global experience together with numerous opinions from Kenyans indicated to CIC, that for Kenya to fulfill Chapter Six requirements, the process of identifying leaders requires an open, transparent and rigorous process. Such a process can only work if the appointment or electoral process is supported by administrative mechanisms and procedures that help Kenyans identify competent, suitable, , ethical and visionary leaders. .

As such, it was expected that given the leadership position, power and influence that State officers hold, they should be subject to a strict process of recruitment, appointment and continuous monitoring. This is the solid foundation that CIC proposes to ensure that Kenya eventually benefits from good leadership in this new dawn. The published Bill will not achieve this positive result.

In its current form, the Bill is a statement of intent with no real mechanism of realizing that intent. 

Going forward, CIC will work with Parliament, other constitutional offices and responsible citizens and authorities towards review of the Leadership and Integrity Bill, 2012 to ensure that the letter and spirit of the Constitution is respected and that expectations of the members of the public as set out in the Constitution are met.

Additionally,, it is important to note that in the absence of a legislative mechanism for vetting persons seeking State office, Kenyans will be forced to resort to the courts for appropriate declarations, a process that will be costly, time consuming and which should only be a last resort.

Finally, in fulfillment of its Constitutional mandate, CIC will be sending a detailed Advisory to the relevant Parliamentary Committee and if necessary to the President for further action. . In the event this Bill continues to carry with it any provisions that are unconstitutional, CIC will not hesitate seeking judicial intervention on the matter.
In light of the foregoing, we hereby invite all Kenyans to read the CIC Bill, which is available on our website (www.cickenya.org), for the purposes of comparison with the Cabinet Bill as recently published.

Education vs Learning

Airport authorities have prepared guidelines for airlines operating flights from Uganda to Kenya to ensure no Ebola cases enter the country.

These are part of measures taken to ensure that the deadly disease, which was first detected in Kabaale district in Uganda, does not spread to Kenya.

Kenya Airports Authority public health officer Mohammed Duba said scheduled and chartered flights arriving from Uganda were expected to report suspected cases on board so that emergency evacuation could be arranged.

“We have issued memos to airlines with flights from Uganda to Nairobi advising the crew on what steps to take in case there are any suspected cases on board,” he said.

At the JKIA, an isolation facility has been set up and an emergency exit prepared to evacuate visitors suspected to have contracted the disease that has so far claimed 15 lives since it was first detected two weeks ago.

Other measures contained in the memo include a directive to have precautionary equipment aboard flights and also prepare a locator card, which entails filling in the names of two passengers sitting at the front, back and sideways of a suspected case, which are then monitored on entering the country.

Mr Duba, who is a member of the National Taskforce on Ebola, said the country was not in panic, as the team was closely working with World Health Organisation officials, who had assured Kenya that the area where Ebola cases were reported had been quarantined.

“The WHO has assured us all the contacts had been followed up and quarantined,” he said.
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In the affected parts of western Uganda, 38 cases suspected to have contracted the deadly disease through contact with the victims, have been quarantined.

Meanwhile, Public Health minister Beth Mugo told Parliament that any suspicious cases would be tackled immediately.

A suspected case in Siaya on Monday was cleared yesterday following tests at Kemri, which came out negative. The man is said to have eaten contaminated meat from a goat that had been rescued from a python.

Separately, panic gripped Eldoret’s Moi Teaching and Referral Hospital on Thursday morning after a patient exhibiting symptoms of Ebola sought treatment.

Acting director John Kibosia said the patient had fever and traces of blood in his urine and stool.

“The patient had clear symptoms of the haemorrhagic fever. We are still treating it as a suspected case but we have isolated the patient in a special wing to ensure that he doesn’t get in contact with others,” said Dr Kibosia.

According to the relatives, the 20-year-old man had recently travelled to Juba through Uganda.

Reported by John Njagi, Samuel Koech, Raphael Wanjala and Caroline Wafula

The recruitment of 10,000 additional teachers this year depends on whether the Treasury will release the money.

Teachers Service Commission (TSC) secretary Gabriel Lengoiboni (right) wrote to Finance permanent secretary Joseph Kinyua asking for more money to recruit new staff.

If his request is granted, the commission will recruit a total of 20,000 new teachers this year.

The commission started recruiting 11,000 teachers this week after it was allocated Sh3.4 billion in this year’s budget.

Of these, 1,085 will replace those who have left.

Mr Lengoiboni’s decision to write to the Treasury came after Education Minister Mutula Kilonzo claimed the commission had been given enough money to recruit 20,000 teachers at once.

Mr Kilonzo claimed the teachers’ employer had received Sh12 billion and demanded an explanation on why it was employing less teachers.

But Mr Lengoiboni denied receiving the money, saying, he had only received the Sh3.4 billion that would be spent to hire 10,000 teachers.
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“There is no way I’d have advertised for fewer jobs if I had been allocated more money,” he said yesterday, dismissing Mr Kilonzo’s claims.

“I am the one who has been pushing for the recruitment of 40,000 more teachers this year and I can’t imagine being the one frustrating a chance to employ more.”

In the letter to the Treasury, Mr Lengoiboni said he had learned from the minister that the Cabinet had approved the recruitment of more teachers than the commission had advertised.

“We were provided with funds to recruit 10,000 additional teachers and not 20,000 as advised by the Education minister,” Mr Lengoiboni said.

“I am therefore writing to request that funds to recruit the 10,000 more teachers be availed to enable the commission undertake the recruitment,” he said.

The standoff comes as the deadline for applicants for the 11,000 jobs ends today.

By Standard Digital Reporter

By Ben Agina ,nation.co.ke

The International Criminal Court says it was focusing latest investigations on the cases of four suspects Deputy Prime minister Uhuru Kenyatta, Eldoret North MP William Ruto, former Head of Civil Service Francis Muthaura and radio journalist Joshua Sang.’

Human resources management has acquired bigger importance and higher authority in many organisations. At the same time, labour mobility is high. This is a contradiction, isn’t it?

Education minister Mutula Kilonzo has warned that holiday tuition remains illegal and those who disobey the directive will be prosecuted.

Mr Kilonzo said extra tuition often practised when schools are closed would no longer be tolerated because it violates the rights of children.

“Our children deserve to rest and spend time with their parents. Clearly, anyone going against this does not understand that the Constitution has given our children direct rights

"We are going to abolish it so hard that anyone violating it will be punished by the law,” he said after

after opening an education workshop in Nairobi Monday.

Holiday tuition is furthered by teachers and schools who see it as an avenue to complete their syllabi in time or help in revision.

There are some private tutors who also advertise this service to cash in on parents who want their children to stay in class during school holidays.

The practice was banned in 2008 by the then Education Permanent Secretary Karega Mutahi. However, schools have continued to disregard the ban with some claiming normal terms are usually too short to complete syllabi.

On Monday, Mr Kilonzo told reporters he has proposed stringent laws in new education Bills that would help punish the culprits.
“It is a big mistake not to let children be children, to deny them a chance from school to go and play, be with their parents and even sleep enough. When I was in school, truly, I never went to class on a Saturday.

After an explosion, terrorist attack, or other random act of violence there can be a second event that cause as much damage as the first so care should be taken and the following steps should be taken:

Need to Enhance your network:

A tender row is likely to disrupt preparations for the upcoming General Election.

Nkosazana Dlamini-Zuma, a veteran of the fight against apartheid who has served in the cabinet of every South African president since Nelson Mandela, now takes the top African Union job.