KENYA WAS THE HOST BUT LACKED TO SHOW COMMITMENT INVESTING IN SUSTAINABLE BLUE ECONOMY .

 President Uhuru Kenyatta pledged that as the host country, Kenya would play a leading role in implementing proper policies and mechanisms to harness the Blue Economy.

Adding that they will manage waste for the sake of food security and biodiversity;  enforcing sustainable fishing; and ensuring security and safety in the high seas.

 He did not give an alignment strategy  of the Sustainable blue economy  into his” Big Four” Agenda.

The President  noted that the substantial presence of the business and private sector at the conference signaled a growing interest in investing in a sustainable Blue Economy,  further pledging  his government possibility of  creating  a fertile business environment and invited the private sector to engage in partnerships to expand the present US$1.4 billion portfolio to stimulate it.

The milestone highlights  associated with Kenya at the conference were, likely taking measures to revive Kenya’s maritime transport and partnering with global shipping lines.

Establishing a Blue Economy Bank to support the growth and development of the Blue Economy and Investing in renewable energy in Africa including generation of energy from waste in Mombasa by Toyota Tshusho, of  Japan.

Marine Protection

Contrast the  commitment by Canada to Implement a CAD$1.5 billion ocean protection plan project to enhance maritime safety and address protection of marine biodiversity and Protect 10% marine and coastal areas by 2020 .

Mozambique  on its part said they are to restore mangrove forest to 5000ha by 2023 , while the UK  to support conversion of 30% of oceans into marine protected area by 2030 under its ‘30-by-30 strategy’.

Plastics and Waste Management

Allocating US$100 million for improved ocean’s management and against dumping by Norway and World Bank, and committing  US$200 million for the next four years for development of initiatives to combat marine litter and microplastics  by Norway

Infrastructure

Investing US$120 billion to revolutionize 600 maritime logistics and port-led development projects in India under Sagarmala Programme and Promoting blue value chain, incorporating fisheries and tourism sectors  and committing to desalinate sea water for agriculture, domestic and industrial use in Namibia,

Contrast President Uhurus pledge with other leaders announcements at the conference, Danny Faure, President of Seychelles, committed to train more women to join the Blue  conomy and to cooperate with various stakeholders from different sectors to promote a transparent, sustainable Blue Economy beneficial to people.

 Ali Mohamed Shein, President of Zanzibar said that Tanzania was committed to mainstreaming the Blue Economy, including climate change and environmental sustainability, in its development planning.

 While,  Jonathan Wilkinson, Minister of Fisheries, Oceans and the Canadian Coast Guard, announced: a contribution of CAD$10-million investment to the Pacific Initiative for Biodiversity, Climate Change and Resilience; CAD$20 million for SIDS to foster a Blue Economy; and as part of the Aichi process, the intention to protect 10% of Canadian marine and coastal areas by 2020.

Emphasizing Canada’s commitment to plastic pollution control, scientific innovation, and combating IUU while holding the G7 Presidency.

Apart from the president,Keriako Tobiko, Cabinet Secretary for the Ministry of Environment and Forestry, Kenya, emphasized  difficult process of engaging Kenya’s industry to agree with the government’s initiative to ban plastic carrier bags in 2017.

While Henry Rotich, Cabinet Secretary, National Treasury and Planning, Kenya, talked of  the importance of the private and business sectors to unlock  opportunities for employment and improve prospective investment initiatives in the blue economy sectors.

Making none of the Kenyan leaders present committing nor highlighting a working program in place nor setting a target to be achieved on the initiative.

The Sustainable Blue Economy Conference was held from 26-28 November 2018 in Nairobi, Kenya. Under the theme “The Blue Economy and the 2030 Agenda for Sustainable Development,”

The conference gathered over 18,000 participants from 184 countries, including seven Heads of State and Government, 84 Ministers, and leaders from a wide range of sectors, including different levels of governments, science and academia, the scientific and research community, UN and other intergovernmental organizations, international organizations, business and private sector entities, non-governmental and civil society organizations, and ordinary citizens.

Blue Economy  Brief History 

The UN Sustainable Development Summit in September 2015 saw the adoption of the 2030 Agenda for Sustainable Development, including 17 sustainable development goals (SDGs).

 In paragraph 33 of the 2030 Agenda for Sustainable Development, Member States recognize that “social and economic development depends on the sustainable management of our planet’s natural resources” and determine to “conserve and sustainably use oceans and seas, freshwater resources, as well as forests, mountains and dry-lands and to protect biodiversity, ecosystems and wildlife.”

Kenya’s  2018 Budget Policy Statement , sets out President Uhuru administration priority programs and reforms to be implemented over the next five years 2018 – 2022.

“The Big Four” Plan  targets  to increase the contribution of manufacturing sector to Gross Domestic Product  from 9.2 percent in 2016 to 15 percent by 2022 by adding USD 2 to 3 billion to  the  GDP.

It is expected that this will increase manufacturing sector jobs by more than 800,000.

 In order to  achieve the manufacturing sector target of 15 percent of GDP, the Government will place special emphasis on the following key areas:  Textile and Apparels; Leather products;  Agro - processing; and ( Manufacturing of construction materials.

And focus on initiatives that guarantee food security and nutrition to all Kenyans by 2022 through expansion of food production and supply, reduction of food prices to ensure affordability and support value addition in the food processing value chain.

 Throughout the three days of the conference, participants actively engaged in panel and other discussions focused on how to achieve the sustainable use and conservation of aquatic resources, including oceans, seas, lakes and rivers, for improved human wellbeing, social equity and healthy aquatic ecosystems.

 As noted, responses to questions from the floor, panelists advocated for avoiding the use of plastics, due to high disposal costs, and developing suitable alternative materials to plastics before phasing them out.

The discussions centred on the following nine key themes: smart shipping, ports, transportation and global connectivity;  employment, job creation and poverty eradication;  cities, tourism, resilient coasts and infrastructure;  sustainable energy, mineral resources and innovative industries;  managing and sustaining marine life, conservation and sustainable economic activities;  ending hunger, securing food supplies and promoting good health and sustainable fisheries;  climate action, agriculture waste management and pollution-free oceans; maritime security, safety and regulatory enforcement; and  people, culture, communities and societies – the inclusive blue economy.

 Panelists from diverse sectors, including UN agencies, governments, the retail and manufacturing industries, NGOs and civil society, called on governments to develop robust regulations to change social behavior.

 Discussions focused on:  methodologies and scientific analyses of plastic sources;  recycling initiatives;  engaging communities and the private sector to act as catalysts of circular economy;  creating incentives or subsidies to promote recycling and waste collection systems; regional cooperation and partnerships;  promoting school education to raise public awareness on plastic waste;  technology innovation; and  individual’s successful attempts to push forward desired policies.

Key messages heard at the Conference include the importance of:Promotion of action-oriented global strategies that place people and the Blue Economy resources at the center of sustainable development as a contribution to the realization of the UN 2030 Agenda for Sustainable Development and the SDGs;

Promotion  of collaboration for sustainable partnerships and projects in the various sectors of the Blue Economy for economic growth, poverty alleviation and conservation of the resources for the present and future generations through a multi-sectoral approach;

Promoting mobilization of finance from public and private sources, access to technologies and innovations as well as capacity building among local, national and international stakeholders for the full realization of the potential of the blue economy;

                 

HUMAN RIGHTS ABUSE

BY  LUKE KAPCHANGA         21/8/2010    

 COMMENTARY  ON HUMANRIGHTS VIOLATIONS.(JOURNALIST AND HUMAN RIGHTS DEFENDER)

Ms Zainab Hamid, mother of Mohammed  Hamid Suleiman who was arrested in connection with the Kampala bombing was photographed screaming and in tears, when she learned that her son could not be produced in the High court.

Suleiman s wife, Ms Zuhura said in her court papers ”it has been more than 24 hours since he was arrested and nobody knows where he is being held”.

Mr. Suleiman was arrested at his South C house in Nairobi  at 10.30pm on 13/8/2010 , and family members had not seen him by Tuesday the following week.

On August 19, the Uganda government confirmed having in their custody a Kenyan terror suspect, Mr. Suleiman since 14/8/2010.

To prevent persons from being unaccounted for, accurate information about the arrest and place of detention, including transfers need to be available without delay to relatives and legal counsels, this according to international humanitarian law.

The right of relatives to information regarding the suspect is an obligation by the State as is recognized under provisions of International Humanitarian Law, human rights law instruments and other international texts

“Living in the dark about the fate of friends and relatives is the harsh reality facing hundreds of thousands of families affected by armed conflict or internal violence. Throughout the World, parents, brothers and sisters, spouses and children desperately seek loved ones with whom they have lost contact”, Jakob Kellenberger , President of the International Crescent of the Red Cross and Anders B. Johnsson, Secretary General of the Inter- Parliamentary Union, writes in the forward in a book, Missing Persons: Handbook for Parliamentarians.

“Their anguish remains acute after the conflict has ended and peace restored. Such unhealed wounds can destroy the fabric of society and undermine the relationships between groups and Nations for decades after the events that caused them”, the forward states further.

Iam not advocating for  the  innocence of, Suleiman and the three others, Hussein Hassan Agade, Idris Magondu and Mohammed Aden Addow the Kenyans who are facing counts of murder, attempted murder and terrorism, in their role played in the twin bomb blasts which killed 76 people in Kampala.

The International humanitarian law- do prohibit terrorism related acts and activities, according to the ABC, of Human rights handbook.

As it notes  that terrorist acts attack  fundamental human rights, urging States not only to have the right but indeed the duty to protect the population from such acts.

The handbook gives the guideline, that Anti-terrorism strategies must comply with provisions of International Humanitarian Law, the International Refuge Convention and Human rights Conventions.

Except when the State is confronted with an exceptional life threatening situation such as direct terrorist threat, then it may suspend certain rights.

And in such situation again, the state authority is reminded to oblige to follow the prescribed procedures , to ensure    that any measures taken respect the principles of proportionality and are of brief duration.

The Kenyan authorities action of giving a helping hand in the fight against terrorism in the region is commendable, but should the government violate International Humanitarian Law to promote peace and law, at the same time?

The basic rights demands that, persons deprived of their liberty, whether interned or detained, shall have the right   to inform any person with legitimate interest, such as close family members or legal counsel.

The suspect at minimum , should inform about the arrest, the location they are being detained, and their state of health.

They are also  authorized to communicate with and be visited by family members, counsel or any other person of their choice, subject only to condition established by law.

Further more, for the suspect to be moved from his location of detention, the spouse, a close relative or any other person with legitimate interest is notified.

Under Humanitarian law and Human rights law, relatives of the suspect have the right to know, the truth regarding the circumstances of the arrest, detention or internment, the progress and results of investigations and fate of victim.

Human rights laws are of perception, that domestic laws and regulations should ensure that persons deprived of their liberty, whatever the reason of their internment or detention, have a right to inform their families, of their arrest, address and state of health and adequate means of communication to be provided.

Am not aware if Kenya is signatory to The International Convention for the Protection of All Persons from Enforced Disappearance2006.

The Convention is the first universal treaty to define  and prohibit enforced disappearance, which is being”, the abduction or detention of a person by agents of the State followed by concealment of the fate or whereabouts of the disappeared person, outside the protection of the law”.

The Convention has prevention safeguards against disappearance, allowing suspects to communicate with family members.

Kenya is not at war nor experiencing internal conflict,  to have state agents, abducting suspects, keeping families in darkness about the victims, and extraditing them without using the right procedures.

The Geneva Conventions of August  12 1949, article 48 on prisoners of war says, “ in the event of transfer,  prisoners of war  shall be officially advised of their departure and of their new postal address. Such notifications shall be given in time for them to pack their luggage and inform their next of kin”

This is the Convention which came about to address human value in the face of adversity following the mass slaughter of World war two, yet it was able to recognize the right of prisoners of war .

In Kenya as we ready ourselves in welcoming the second republic, the accountability of state agents to the wananchi remains a far cry, and respect for human rights frowned upon.

Having Kenyans extradited to Uganda, is plausible, but only if the rule of law is uphold, and international instruments on human rights are respected.

PROBLEMS AT NOCO

CRISIS AT NZOIA SUGAR COMPANY.

BY LUKE KAPCHANGA.

Nzoia Out grower Company (NOCO), in in management crisis, following the suspension of the acting general manger.

Mr. Stanley Wanyonyi, was shown the door by the chairman Joash Wamangoli with disappearing of a trailer.

In signed letter dated 24 June 2013, Wanyonyi was suspended on grounds that he leased a trailer to Sammadel Enterprises without authority from the board of directors .

Wanyonyi replaced Humphrey Mukania early this year, who was also haunted out of office by the chairman.

The letter goes further and stated that, Wanyonyi sold the trailer and received shs.200.000 without notifying the directors.

It says in part, “ you are suspended from duty immediately following the lease of the trailer and subsequent sale of the same by yourself”.

Noco has had 7 managers in a space of 6 years, the high turnover is blamed on the the high handedness and interference of the chairman .

Mr. Wamangoli who convened a board meeting 4 days after suspending the manager to discuss his fate, warned of taking legal action against him.

WE have got enough evidence that acting GM sold the trailer illegally , which amounts to stealing of company property”, he said.

A director at Sammadel Ent. Allegedly wrote to NOCO , board of directors demanding for receipts of payments and logbook, that they learnt of the sale.

The director who gave his name only as Samson, alleges in the letter dated 23June 2013 that they purchased the trailer at shs.200,000 paid to Wanyonyi through Mpesa.

He claims that they were still waiting for the reciepts and registration certificates after completing payments.

The letter with no official stamp nor on a letterhead of the firm, was the basis by the chairman used as enough evidence to fire the manager.

On his part, Wanyonyi maintained his innocence by claiming that his removal from the office is due to the stand taken to have Wamangoli removed as a signatory to the company accounts.

The Kenya sugar board was said to be behind the removal of Wamangoli signature from the company bank accounts before releasing shs. 35Million loan to buy bell loader, winch and pick up truck.

He claims that, the chairman was interference in management issues to the extend that, shs.80 million loan is now a subject of investigation by the Anti- corruption ans Ethics commission.

Wamangoli is accused of firing and replacing the general managers at will, as they remain on office while serving his personal interest .

Wanyonyi maintains that the directors were in office illegally as the 2011 elections were fraudulent.

“These directors are in officer illegally, as they have even gone further to create a new electoral zone against the memorandum of Understanding of the company”. He added.

He called for the investigation of the directors for withdrawing allowances allegedly for mobilization without prove on the ground.

He accused them of taking the money without accounting for it, as they have rare interaction with farmers whom they are supposed to serve.

He challenged the directors to sue him over the sale of the trailer insisting that such huge sums of money can not be paid through Mpesa.

“Where is the documentation showing the transaction and contract of payment ? He asked.

Sources at the company claimed that assets keep on disappearing and those involved get protected from the directors.

The cartel behind the vandalism of the tractors has rendered the company to remain with only 5 functioning tractors out of 15 bought in 2009.

Mukania who has served as general manager at the company the longest, said it was not possible to meet farmers expectations with the current crop of directors.

He added that tractors have disappeared under funny circumstances , yet the board does not want investigations to find the people behind.

Rampant theft at the company, forced Wanyonyi to hire a private security firm, to replace company security who collude in stealing.

“I have proof that the security officer participates in stealing of company assets, but directors protects him for any disciplinary action”, Wanyonyi complained.

MOTHER TONGUE IN SCHOOLS

Language

BY LUKE KAPCHANGA.

Mother tongue is an essential foundation for learning, but will it ever be practical in Kenya?

This was a question participants at Elimu Yetu Coalition one day workshop in Bungoma left without finding an answer.

Most of the participants drawn from ministry of education, civil society and parents were of the view that mother tongue instruction is important for children to use when they begin school.

They pointed out that for purposes of self esteem and identity, children in lower primary learn their mother tongue languages.

“ Mother tongue is an essential foundation for learning as much as acquiring proficiency in Kiswahjili and English has advantages” , a participant noted.

School is an alien place for young children who begin class work in a language different from their own, they complained.

The language of instruction at school makes young children, believe that the language they have known from birth is inferior compared to the language at school.

Experts for long time have recognized the importance of children using their mother tongue when they begin school.

A study done by UNICEF, done in late 1990s in Zambia showed that students who began schooling using English instead of their mother tongue did not acquire enough proficiency to learn well by grades three or six.

However shortage of teaching material and training programmes, were noted as the biggest challenges.

Teachers were blamed for not understanding their indigenous languages and being the enmies when it comes to the promotion of mother tongue instructions.

“Mother tongue instruction in schools is frustrated by teachers, whothemselves can not read or write in their own languages”, a participant cliamed.

But parents were not spared either, as it was said that most have developed a negative attitude towards their languages, making children to despise them.

Joseph Wasikhongo, the programme manager with Elimu Yetu, commented the partcipants for coming up with the proposal, which should be pushed and taken up by policy makers at county and national governments.

“If what you people are saying makes sense then, time has come to ensure that a policy is developed and enforced in implementation.” said Wasikhongo.

On teacher recruitment, the participants be addressed through rationalization.

This should be adopted as urban centres are overstaffed, yet the shortage is felt more in rural schools.

They all agreed that having more teachers can be essential when it comes to addressing quality education.

The participants were told to be proactive in engaging education to have their inputs in county education reports, thus put pressure on TSC to employ teachers depending on demand.

Elimu Yetu Coalition is a national platform for civil society organization, professionals groupings, education and research institutions, which lobbies for implementation education for all.

It is objectives to influence policy shift towards a sustainable basic education and training system that is appropriate to the aspirations of Kenyans.

It also aims to build a strong movement with very clear direction and targets around basic education and training.

ENDING POVERTY AMONG RURAL WOMEN

ENDING POVERTY BY EMPOWRING WOMEN IN AFRICA

BY LUKE KAPCHANGA

BUNGOMA/KENYA.

Most of the women in farmers field schools in Kenya are now food secure.

They say, by being members of Farmers field schools, yields from their small farms has increased significantly. The case in point is that of Margret Wanyonyi 62, of Ngwelo village in Bungoma county.

Ms. Wanyonyi a widow, proudly proclaims that, “ I can not buy food anymore, however scarce it may be.”.

She went on, “ for the past two years since I joined the field school , crop yields on my farm has almost tripled”.

Farm productivity has increased , due to trainings she had underwent through farm demonstrations by the fields schools.

She stressed the importance of training on farm management , which has made it possible for her to take keen interest in the crops and animal farming.

'”Last year my harvest from a ¼ acre was double I normally get from an acre in my usual farming practice, I released I had wasted my land for a very long time.” she stated.

In FFS, farmers carry out experiential learning activities that help them understand the ecology of their fields.

These activities involve simple experiments, regular field observations and group analysis.

The knowledge gained from these activities enables participants to make their own locally specific decisions about crop management practices.

Facilitation is by extension workers or skilled farmers, who employ non-formal education methods, the field is used as the primary resource for discovery-based learning.

The FFS Trainers play a crucial role in ensuring that the environment and all resources contribute to the farmers’ learning experiences.

Ngwelo farmers field school is within the Nzoia sugar cane growing zone. Here , due to over concentration and reliance on sugar cane, people are food insecure , with small plots of land.

More than five million people directly or indirectly depend on sugarcane farming in Kenya. 

Most farming is in western Kenya, eighty eight per cent of area under sugarcane , is under out growers the majorities being small-scale growers.

Food scarcity is instigated by soil degradation due to high acidity caused by over-use of fertilizers .

The field school increases collaboration by different actors , who work towards benefiting farmers , be it government ministries, international agencies and Non- Governmental Organizations.

According to Japheth Wekesa the trainer at the field school, the collaboration has resulted to mostly women to get provided with seeds and fertilizers, while on their part provide land and labor.

The initiative makes it possible for farmers to prepare early for the planting season, knowing in advance that they have farm inputs in place.

“The challenge of turning the majority of the population to practice soil conservation agriculture is enormous”, he said.

A research paper , published in Future Agricultures in 2010, titled Performance of the ministry of Agriculture and Rural Development in Nyeri South district of Kenya, constraints were noted mostly in the provision of extension services.
Extension services were noted as vital with farm visits providing practical help on issues such as soil erosion, manure making , fertilizer and chemical use.
Agriculture it has to be noted contributes one – quarter to one – third of Africa s Gross Domestic Product (GDP), but employs 65 – 75 % of the labor force.
The gap in labor productivity between the non – farming and farming sector on the order of two to one ordinarily draws people out of agriculture and into other sectors.
The world bank projects the increase of value for food on domestic markets in Africa from US Dollars 313billion in 2010 to US Dollars I trillion in 2030.
In Nyeri south district , youth were said to have a negative attitude towards agriculture.
The complain was widespread, by farmers in the findings , about the young people mostly women who get educated , for being interested in white collar jobs only.
The example was given of Kazi Kwa Vijana ( jobs for youth ) programme by the government during 2009, as part of the Economic Stimulus Package, failing to get the youth to engage in agricultural activities.
The youth at most watch their parents toiling on the farms and dying poor, at the same time parents being unwilling to give farms to children for fear that they will sell them.
Access to to capital and credit for small holder farmers is a perennial problem which is magnified by the young people .
The report Employment in Agriculture says, farming risks and costs remain high despite innovations to overcome the barriers and achieve sustainable out reach to small holders.
As estimates put nearly 1 billion people world wide , who are affected by severe hunger and poverty , many relying on small plots for their food and income.
Most of the poor families barely get by as they struggle with unproductive soils, plant diseases , pests and drought.
Their livestock are weak or sick, no reliable markets for their produce and good information about pricing, with government policies rarely serving them.
Helping the farming families to produce more food and increase their income, they also have to bulk their produce to access urban markets or for processing industry.
“Collective action by farmers is very much needed, especially when farms are too small to be attractive for trading partners ”, wrote Giel Tom in Farmers and Markets in June 2012.
He stated that , bulking has a strong logistical component and requires working capital and a cost effective organization that controls transactions.
Tom, who is a senior researcher at Agricultural Research Institute in the Netherlands , notes that successful collective marketing built organizational assets that make life easier for farmers.
By increasing productivity in a sustainable way, and sell more crops is most effective to reduce hunger and poverty in the long term.
The Bill & Melinda Gates Foundation on agriculture, says that farmers growing more food and earn more income, they are better able to feed their families , send children to school, provide for their families health and invest in the farm.
Their Agricultural Development Initiative states, “ Helping farmers improve their yields, requires a comprehensive approach that includes the use of seeds that are more resistant to diseases , drought and flooding”.
It adds, “ Information from trusted local sources about more productive farming technologies, greater access to markets and government policies that serve the interests of farming families, have to be in place”.

CRIME IN BUNGOMA AND ACTION BY LEADERS

LUKE KAPCHANGA

CONCERN.

The Bungoma county leaders meeting at Mabanga on 5/7/2013 on security situation, poved one thing in common that the government is doing its business basing on 1970 tactics.

County commissioner Maalim Mohammed who was the key speaker had very poorly hand written notes from which he took the participants through.

The monologue meeting saw the Commissioner saying about 14 suspected criminals linked to the recent Bungoma killings, having been arrested and appeared in court.

He claimed that the gangsters were operating as a racket , and appealed to members of the public not to turn to mob justice.

He added something to the effect that police found colluding with criminals to be punished and also police to respond promptly when alarm is raised.

As a human rights defender , the Killings in Bungoma in April was a violation of both the International Human rights law and International Humanitarian Law.

Hence the State is held accountable to the well being of the affected families and victims nursing injuries.

So the intent and purpose of such a meeting should have first and foremost, included the victims of the widespread systematic attack.

This people should have highlighted the effectiveness of policing in the county since they came under attack, and any assistance availed them by the government.

Unfortunately, the organizer preferred to bring agendas when the meeting was in progress , the agenda had no time frame for each item to last.

This was worse than, a village CBO, organizing a meeting for teenage mothers or a village elders baraza.

Kindly, the commissioner should be told that the meeting need to have been about investigations, leading to reconstruction and interpreting the criminal behavior and patterns found at crime scene.

The material evidence recovered from crime scene, how it was going to help leaders in mapping out a strategy in combating it.

The chain of custody, detaining what was recovered, how suspected criminals were arested and evidence against them as they appear in court.

The state remains held responsible for the killings committed by non-state actors, if it fails to act with due diligence to prevent , deter and punish perpetrators of the crimes, under the International Human Rights Law and International Humanitarian Law.

Otherwise there is nothing frustrating as sitting through a meeting where people talk the whole time yet nothing is done.

Let the County Commisioner next time, tell the people of Bungoma since April how many people have been killed in a similar manner, those in hospital and those killed through mob justice.

A meeting which allows no room to listen, understand ans share ideas has difficult to make people be positive about its impact.

And the agenda without measurable action plans is not worthy taking place at this time of age.

So I hope those present may have enjoyed, being present and getting paid for sitting through, without informed participation.

GOVERNMENT TO COMPESATE FAMILIES OF BUNGOMA KILLINGS.

THE GOVERNMENT TO COMPESATE FAMILIES OF BUNGOMA KILINGS.

BY LUKE KAPCHANGA

BUNGOMA-KENYA

The blood of more than twenty people killed in Bungoma and Busia is on the hands of those in government.

The widespread and systematic killings , which took almost three weeks to be contained speak of one thing- government failure in preventing and detecting crime.

President Uhuru Kenyatta on Thursday May 16, while meeting top security chiefs pledged to support the police to enforce law and order.

The president was quoted, “ We will ensure police officers are sufficiently facilitated to enable them perform their duties effectively and in a dignified manner”.

While a week earlier, inspector general of Police David Kimaiyo promised a bounty of Kshs. 100,000 for information leading to the arrest of members of the gang terrorizing villagers.

Imagine shs. 100,000 for 17 deaths by attacks, 8 lynched by the mob and more than 100 nursing injuries in hospitals.

When one divides the amount of money promised to get information with the number of the victims, then you realize the value the government put on these Kenyans.

On his part the president never mentioned anything with the dead or the injured, as affected families lost more than one of the bread winner.

Article 3 of the Universal Declaration of Human Rights( UDHR), says everyone has the right to life, liberty and the security of persons.

Mr. President, the families of the victims want an answer from you!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

From a human rights angle, the basic function of the government is to maintain peace and security within its boarders.

Article 245 of the constitution establishes the National police force whose overall command is exercised by the inspector general.

Police are one of the means by which government fulfills this function as law enforcement is significant organ of government.

Another basic function of government is to ensure that it meets its obligation under International Law to promote and protect the human rights of the people within its jurisdiction.

In policing, the promotion and protection of human rights requires close attention to be paid to detail aspects of command, management and administration of the police.

Police are accountable to government and the public they serve and policing activities are subject to judicial and legal supervision.

Fundamental principles in policing are respect for, and obedience to the law, respect for inherent dignity of human person, which is respect for human rights.

Essential principles are that law enforcement officials shall at all times fulfill the duty imposed on them by law, by serving the community and protecting against illegal acts, consistent with high degree of responsibility.

The United Nations , General Assembly resolution 34/164 of 17 December 1979 on the code of conduct for law enforcement officials adopted , “ Every law enforcement agency should be representative of and responsive and accountable to the community as a whole”.

The code of conduct demands that police are to be commended and managed in accordance with the principle of responsibility.

Hence they are to be held personally responsible under law for their own acts or omissions, as their function is to prevent and detect crimes.

Police leadership is not a desk job, a commander is to be in close contact with the realties of operational policing, the feelings and concerns of the community they serve and those they command.

There is also an established and enforced strict guidelines for record keeping and reporting on the activities of the community they serve.

With the Bungoma killings, the gangs entered homes singing claiming to have apprehended thieves, only to turn against people with sharp objects.

The attackers were said operated in groups of 10 to 15, armed with axes, machetes, spears and other crude weapons.

Take the case of Bungoma Business man Timothy Nyongesa who was killed early evening , in a 30 minute raid at his home which is almost a kilo metre away from the regional police headquarters.

The government has to give answers to the close family relatives of those killed by the gangsters or maimed and nursing injuries.

Because the government in under obligation, in International Human rights Law not only to refrain from violating individuals right to life but they also have a positive obligation to protect the enjoyment of that right.

As non- state actors engage in a pattern of killings and the state responds inadequately , the responsibility of the state is engaged.

The deputy president William Ruto was in Bungoma and then later in Mandera, pronouncements made by him points to one direction- inadequate response by the police in contain the violence.

Frenchman Jean Bodin once said that in a democracy, there is always chronic disorder with less real liberty.

Are Kenyans to be made to believe that without directives from the deputy president, police reinforcement can not be done , more vehicles can not be dispatched to crime prone areas and reporting mechanism can not be perfect .

The killings in Bungoma carry the hole marks for crimes against humanity.

Article 7 (1)(a) of the Rome Statute on crimes against humanity of murder, the elements of the crime are that the perpetrator killed one or more persons, the attack was widespread or systematic against a civilian population.

In Bungoma and Busia we have got 17 innocent lives lost senselessly, in a widespread and systematic pattern against a civilian population.

We have seen politicians engage in blame game, name calling, and making demands for transfer of the police who have overstayed .

The political statements and police calling on the public to provide information , is not part of giving the answers needed by relatives of the victims to know the cause of the death or suffering of those in hospital.

Material evidence by police investigators should help to reconstruct and correctly interpret the evnts of the crimes.

By thoroughly documenting and recurrences, investigators have the ability to establish the evidence which reflects a pattern of intentional behavior.

So far, the type of observations gathered can help in reconstructing the events of the crimes to link suspects to the criminal acts.