Mischief on the Finance Bill 2011 (Letter to Business Daily Editor)

The Finance Bill has been one that has invigorated much debate both within Parliament and in the public domain. Since its introduction on budget day 2011, there has been much intrigue going on about the Bill. On Friday's April 6th Business Daily Letter titled "Law empowers KRA to collect taxes prior to enactment of Finance Bill", the Senior Deputy Commissioner of the Kenya Revenue Authority correctly asserted that even though the Finance Bill 2011 has not been passed, the enforcement of tax collection by KRA stands legal by virtue of The Provisional Collection of Taxes Act Cap 415 Order 2011 in which the Finance Minister invoked on the 8th of June 2011. However, it must be noted that the Act in itself does not envision a scenario as the one that is being played out at present. In fact the act explicitly provides under section 3 that such an order invoked by the Minister would cease to be valid if the Bill is not introduced into Parliament within four months after order is made, on the expiration of six months after the order is made, on passage of the Bill or if the Bill is either rejected by Parliament, withdrawn or on consideration of the Bill by the National Assembly, the bill is adjourned sine die (without delay).

It is quite evident that the order has been in place for more than six months but what KRA could be banking on to maintain the order is the aspect of the various adjournments by the National Assembly on debate of the Bill. However, it must be noted that the adjournments have not been "without delay" seeing that four months into the new year, 2012, the Bill is yet to be effectively debated. The last time the Bill came to the house for debate on 15th of March 2012, the Deputy Speaker deferred discussion on the Bill espousing that it was not the role of the Chair of the National Assembly to move Bills but rather the Government. In fact, the Deputy Speaker went as far as asking the members of Parliament to go to court or amend the law.

The Government has erred in not fulfilling the law and indeed on the basis of the fact that much of the adjournment has been due to lack of pro-activity by Treasury to move the Bill then indeed it is quite clear there is mischief involved. But then again, unless Kenyans go to court to stop this mischief, there can be pretty much little that can stop the KRA from collecting these taxes.

49 Years on...

Am not proud to say am glad the Kenya is finally 49. We are a disgrace. There exists a huge illusion of democracy and rule of law. Quiet anarchy is what exists and although as a nation we can be proud to have one of the best Grundnorm's in the planet, we still have individuals who still trod on the liberties that are envisioned to be esteemed and espoused.

We have a citizenry that's so beaten that it fails to take its place in running the country and is instead either apathetic or plain left to be spectators in the theater of decadence that is our politics.

We have a nation with leaders who play economics from the lavish greens of Kenya's top golf courses with tee off times taking priority over serving their ultimate employers, the people of Kenya.

All I can say to this end is that the keen responsibility lies with the people of Kenya. Frankly I wish I can have hope in a demographic but unless they can look beyond their blog spaces, mailing lists, walls and their tweets and take to seeking a vote based revolution that looks to selective choice of leadership that is visionary and one that gets to get the job done, our remaining hope lies with the pulpit speakers, collective gender organisers and political hawkers & mercenaries for hire who know no better than to look close to safety of the known than demand change that they have no time to ever come to believe in because they have become creatures of habit cultured over election cycles spanning a one party rule and mediocre paper democracy.

I rest my case but trust me am patriot enough to be standing at Nyayo stadium come the 12th because love for my country behooves me to recognise our 49 years of state-hood. Nitakuwepo!

Middle Class 2.0

My dear friend Nancy Muigei @kenyangriot only yesterday got me thinking on whether our middle class does in any way hold the key to unlocking the indifference that exists in our society. She went on to mention that its alarming that while the middle class is the most heavily taxed, it does not relate such huge tax deductions to scandals such as those involving the Free Primary Education and in that sense rise up to demand better accountability and responsibility. The lingering question is should we leave the quest for social justice to a handful of activists or should it be the battle led by the middle class?

Frankly, it is disappointing to see that little or no effort is made by the middle class to play a role in shaping the future of this country. Ten years ago we could have blamed it on a stifled political environment that hindered engagement but now the space is as wide as it can ever be. In just three years we have experienced not only a a wider engagement space but we have also seen the doors burst open to a world of information. We are now a society that has free and unrestricted access to information. Now with space and information access why is the middle class still not playing its part?

I have a hunch. The gains we now have indeed are far much better than those that existed in Tunisia and Egypt. We are now a true democracy (at least in the purely theoretical sense excluding the free and fair polls part which is yet to be put to the test next year). But still we are too young. We are like a techie who just stumbled upon this amazing new gadget and is still fumbling around about how it works, adjusting settings and all the amazing features, reading reviews and all before they actually get on to adapting it to their day to day lifestyle and using it as a solution tool. That's what I see our middle class grappling with. A new Constitution, open space to now picket & demonstrate, new justice dispensation, social media to learn share and vent, access to media and content, discovery and adventure. But soon this should change, at least that's what am betting on.

Demographics are plain and obvious. 40 Million Kenyans of which 14 million are aged between 18-35 and are taking up technology with speed. With 25 Million Mobile phone subscribers , there is indeed time and chance to see a new middle class evolve. Soon we will be done being amazed about internet access on our phones and wherever we go and begin to ask how can we use these tools to improve our lives and well being. Already there have been pacesetters such as the good folks at ushahidi.com who have made technology work for this country and the world over and now with the many new innovations coming up we will soon see that the middle class will find in technology an engagement tool. But my question then becomes how do we drive people from tech advocacy to action. Or is tech enough?

The opportunity does lie, as has been witnessed with the jasmine revolution, in the ability to move from agonising (in social media spaces) to organising on the ground and making our voices heard.

So is there anyone out there with skills enough to code Middle Class 2.0?

Twitter: @mwakesi

Eating Stress for Breakfast:::Ranneberger on Kenya and youth - Mindspeak Edition

Saturday morning 22nd January, I woke with a zeal to make sure that I do make it for the Mindspeak Edition run by Financial and Geopolitical Guru Aly Khan Satchu. Location: Westgate. But things did not actually go as planned. 45 minutes after my departure from my house I found myself staring at the words Nakumatt Junction. That's when it hit me that 'This is not Westgate Mall.' We all have our blonde moments but its amazing that I had mine of the "Mindspeak" Day.

Honestly speaking, why I chose to attend the mindspeak session that had Amb. Ranneberger (US Amb. to Kenya) was driven purely out of a desire to be around thinkers for the better part of my Saturday morning and what better way to spend the morning other than to sit and listen to the representative of the Worlds Super Power jabber on about the Geopolitical dynamics of the East and Horn of Africa Region plus titbits of US Foreign Policy.

The fact is I have always viewed the presence of the United States in Kenya as one that has always brought about a push for all the values that an ever changing and eveolving democracy like Kenya would need. Of course such a viewpoint is not generated without consideration of the strategic interests that the US is concerned about in the region. In this regard its not hard to figure out that the US Amb. in Kenya has always been an important figure in the Socio-Political scene of Kenya.

I came to the meeting with several expectations. First to understand the man that is Amb. Ranneberger, second the FP attitude towards Kenya and the larger East and Horn of Africa Region, third the American driven agenda for youth in the country and finally what next for the man following rumours he could be well on his way departing from the country. I wasn't sure if all these were going to be answered or touched upon but I guess being the optimist I am I couldn't loose hope. Sad fact though is after my whole episode of mixing up Junction with Westgate I arrived at the venue one hour after the start of the two hour session. Lucky for me @alykhansatchu was always on hand to bring out the latest quips. So much of the aspects on this post will dwell on the man and the youth agenda and they stood out in the one hour or so that I was there

If you have followed my blog before you will notice that I have never really had kind words for the US embassy's intervention on the youth landscape in the country. Matter of fact I have viewed it with suspicion and often believed that the better approach would be to work with Government rather than directly with youth. It must be said that this by no means puts to the fore an inbuilt general distrust or misgivings on the part of the American Governments intervention in Kenya. Matter of fact, I do hold it in much the high esteem for all the great and straightforward straight and tough-talking support and standpoints it has always had for this country. As a partner on the reform agenda, Kenya could not have found a better partner not forgetting the massive impact on support to the health care system especially with regard to community HIV AIDs Programs. A personal favourite of mine was the intervention in the Mau Forest Affair and its generous support. But the devil has always been on the youth question.

The Reform Ambasador (@USAmb4Reform) did take time to put across why the US government felt it prudent to intervene in Kenya and especially with the youth. The all famous 2006 by Sen. Obama at the University of Nairobi never fails to be brought up. Of course I must admit it is indeed a brilliant piece of inspiration and telling sign of the later speeches that led him to the White House. The African Leaders meeting at the White House and the US Presidents advise to the youth leaders present that went something like 'You are the Future of Africa. It starts with you...' also did not escape the Amb. mind. But the real reason, according to him, was drawn out of the countless town hall meetings that the Amb had with the youth all across the country and this lead to the strategic direction that the US Embassy took with the youth.

The whole idea as I understood it was this, the US established a $45Mil. programme that is aimed at forming a correlation between political reform and economic development. Central to this is the provision of support to grassroots organisations. On the Political reform aspect there is the establishment of national youth coalitions that are non partisan and multi ethnic. Thus already established is the National Youth Forum. That was where my concerns began. However, the Ambassador did take time to mention that this intervention was necessary owing to the changing political climate that has taken root in the country and that this change requires an active intervention to ensure that the youth are not manipulated and utilised out of turn. To this I agree. The Economic front of course is by all means the most well crafted and suitably packaged to empower the youth economically.

So then you may ask, what's really changed? Do you have any misgivings still? Well, the answer to those questions are simple. Let me elucidate. First my viewpoint on the man, Amb Ranneberger had changed. He is quite the candid man, upfront and firm in his believes and truly one who beyond his JD seems to really care about the reform agenda of this country. It must be said that indeed he does take the time to listen and share with Kenyans an attribute seldom found in other Foreign Representatives. Second is my viewpoint on the youth program that has been established by the US Embassy has somewhat changed. The overall objective is indeed sound. I do have misgivings on why such a hugely funded program would bypass government systems and directly target youth but then again different paths are always open to adoption. I reserve the idea that this may be an affront to sovereignty but am sure there must be a way of trying to work with the system even if its broken because the shift for thinking amongst the youth should be away from associating development with politics but more with policy because even the best or trustworthy of politicians who have no clue on sound policy drives will not deliver the change that's needed. The youth must see the benefit of having good politicians who understand the shaping of overall policy for the benefit of this country. Vital point would be to make it clear that Government is not the politicians of the day. Government functions with or without politicians and it is the custodian of policy. Therefore Government as an institution is not the enemy and the youth must work with the Government to shape long-term policy as they advocate for a leadership of integrity. My case rests on the fact that if we invest to much on political reform that is devoid of making it clear to the youth of this country the link that politics has to policy and how to translate that link into the selection of leadership then this agenda that's driven by the US is bound to fail.

I must also point out that even the NYF in itself has not been quite reaching out platform thats its envisioned to be. Frankly, I for one have never interacted with either one of its leaders or members yet apart from maybe seeing them on TV or the occasional briefing email on acts long done. But then again you can never reach everyone, or can you?

The title of this post is fashioned from the statement of the American Ambassador. I must say I do admire his courage and work ethic. He does make it clear that he does have more than his fair share of stress. 7 stress areas as opposed to the general 3, he puts it. Well, when you are dealing with the current calibre of politicians as we have here then you are bound to bear those stress levels. But thanks for hanging in there for Kenya.

And so there you have it. Am shocked what a mindspeak edition can do in shaping viewpoints. It must be said Aly Khan Satchu is on to something. Join me for the next on, wont you?

Why we need Action on the Drought Situation

In 2009 Kenya witnessed one of the most severe droughts that have ever hit the country. The result of the drought was millions of Kenyans facing starvation as others lost livelihoods owing to the death of both cattle and crops. The impact was indeed severe and an outright evidence of the effects of climate change especially in vulnerable regions such as Africa.

Come 2011, situation hasn’t change as Kenya begins to experience yet another drought spell that could inevitable render millions facing hunger and starvation and millions worth of cattle dying. Already over 1.6 million Kenyans are already receiving relief food from the World Food Programme while it is anticipated that the figure could escalate to 5 million within the next three months. What’s bewildering is that at the same time we have tons of food wasting away in the fertile regions of the nation. This has been blamed on the lack of a comprehensive early warning system that would be able to see more food reserves in place in anticipation of drought. However this is not the matter at hand.

Unless something is done fast quick and in a hurry, we will see millions of Kenyans going hungry and staring death in the face. There is need to make concerted efforts to get emergency relief food to those who need it, not in three months time but right now. In addition there is need to take measures to ensure that there is provision of safe clean drinking water and available medication to fight off related diseases. Hunger and starvation breeds conflict as the fight for resources gets more and more vicious with each turning day. This cannot be allowed to happen.

The Ocampo Six and the circus that is Kenya's political Class...

Fellow Kenyans,

Its despicable really that such an important matter as the seeking of justice for the victims of the post election violence has been reduced to a circus of 2012 presidential ambitions and the curtailment thereof. I am convinced more and more each day that although we changed the forest we forgot to change the monkeys that lived in it and now the monkeys roam free mutilating the new forest.

Its amazing that even after we now have a new constitutional dispensation with very clear guidelines on the aspirations of the Kenyan people on how they want their future determined, we do have some leaders who seem to think that Kenyans have time to forget about the development agenda of this country and focus on fund-raising for suspected criminals on matters that they are not only privately capable of financing but also fit to handle on their own. Its quite amazing that they would ask Kenyans, most of whom are hardly capable of putting food on their table, to reach into their pockets and chip in to legal fees of some extremely wealthy individuals who have made money out of cheating Kenyans out of their sovereign rights.

The two principals have again failed to uphold the constitution that they so vehemently put a case for. They instead go out in record time to offer up support to suspected criminals with blatant disregard to the import that public service must be accorded. Why would we as a country allow ourselves to have a public service ran by a man looking over his shoulders? Why should we entrust a finance docket to a man who is in desperate need of financial flows to sustain his court case at the hague and why should we let our industrialisation be dependent on a man who is fighting for a battle in innocence? This is indeed impunity of the highest regard.

My take is simple on what would amount to a concrete youth position. Fire all those mentioned who draw their pay from the Consolidated fund. Secondly, Parliament through the House Business Committee and the speaker should throw out all frivolous motions which go against common sense and public interest. Third is for the ICC to act with speed and render justice. Fourth is a stern warning to the MPs who think there's nothing else better to do with Parliament except banter on about six individuals, its time they know that they are being put on notice. At this rate they can more than be sure that they will no longer hold the title honourable except to stroke their egos on days long past. Finally its for the youth of this country to stand up and make it clear that we have had enough of this hanky panky about overdrawn politicians who keep making Kenya a documentary on their issues. We just don't care. You commit a crime you take the bite. Let Kenyans move on with nation building.

Kenya Openly supporting South Sudan Cessation

Alarmed I must say I am that Kenyan MP's would go out openly on the weekend (11th/12th December 2010) and support the cessation of southern Sudan. My position on this matter is clear, every people have a right to self determination and so the cessation of southern sudan in my opinion is quite in order only if conducted in a democratic manner.

However, that a bunch of MPs from Kenya's Parliament together with their East Africa Legislative Assembly counterparts led by an Assistant Minister in Kenya's Foreign Affairs Ministry, is the strongest affront to the Khartoum government that has been seen yet.

That Kenya has always seen the cessation as strategic for the growth of the region, this new move is set to put in motion a series of events that would definitely mark a defining point for the outcome of the referendum.

What would have been better would have been the holding a neutral standpoint by the Government rather than the outright positioning. The fact that Kenya helped father the CPA, any position separate from the neutral one is bound to be viewed in bad light by the North and the fact of tanks from Kenya highlighted in Wikileaks doesn't help much.