We Aren't born Tribalists

We are all born angels, at least that is what my mom told me when I was still a kid. And I grew up believing that statement. But what happens along the way? Do demons come from Hades and make a comfortable home in our minds? No one chooses where they are born, and no child is a result of a mistake. We are all created in the same way, in God’s image. But why do we start identifying other people’s tribes as inferior?

Well, it may be because of the same ‘unity’ that was upheld in our traditional societies. For example, from my native community, you are not allowed to leave a tribesman suffer when you are in a position to help. This is not a vice, in fact, it is a very good deed.

However, when it reaches the national level, it becomes one dangerous thing. When someone is in a managerial or political position, they tend to employ their tribesmen and relatives, all in the name of family ties and kinship. However, this brings disunity, given that those who are qualified for the job become automatically disqualified because they are from the ‘wrong’ tribe.

You will notice that in a matatu, people do not ask what tribe the driver belongs to, neither in a hotel do we ask the tribe of the waiter or workers before we order for food. However, we tend to investigate the tribe of the owner of the matatu, or hotel. Why? It is because we tend to get tribal on the economic platform.

Charity starts at home, and so does tribalism. Most parents tend to teach their children to favor their own tribes, even without realizing it. When an advert pops up on television, or a song shows up, the adults in the room may say something negative about the tribe concerned. Remember, children have very good memory and furthermore, they look up to adults close to them. This means that your kid will take your words as Gospel truth. They take that up until they grow and pass the same down to their kids. Like father, like son.

Tribalism has been caused by neglect. This mostly happens in social or even work places where members of a certain tribe choose to speak in their language, not minding the presence of a colleague. The other colleague will obviously feel neglected and unwanted. If this happens repeatedly, they will naturally develop a dislike in the involved tribe.

Fighting tribalism is not something hard, it is only up to us to decide.

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Rt. Hon. Raila Odinga's Speech at the CORD A.G.M -25th Sept 2014 STRONGER COUNTIES FOR EQUITABLE NATION:

Our constitution opens with five powerful words: We, the People of Kenya.
I get the feeling not all of us appreciate the importance of these words. We, the People of Kenya. These five words in the preamble identify who is responsible for promulgating and upholding the foundations of the Kenya Constitution 2010.
Our intent in giving ourselves the Constitution, is laid out in the remainder of the preamble thus:
ACKNOWLEDGING the supremacy of the Almighty God:
HONOURING those who heroically struggled to bring freedom and justice to our land:
RECOGNISING the aspirations of all Kenyans for a government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law:
EXERCISING our sovereign and inalienable right to determine the form of governance of our country and having participated fully in the making of this Constitution...
ADOPT, ENACT and give this Constitution to ourselves and to our future generations.
In the past few months, we have gone around the country, we shall continue to go around the country, for the very reason we've gathered here today: to push to change our constitution in our capacity as the people of Kenya.
The constitution of Kenya 2010 allows for a referendum to amend it.
The constitution says the referendum can be through a parliamentary route or a popular initiative. We, the people, have chosen the route of popular initiative.
In providing for amendments, the constitution of Kenya 2010 does not label any such effort as an attempt to overthrow or to slow down the government or take over power through the back door.
We commit no crime in seeking to change the constitution.
This is not a contest between Uhuru Kenyatta and Raila Odinga.
This is not a test of might or popularity between CORD and Jubilee.
Nor is it an attempt to revive or to end political careers.
It is not a battle for short term gains. We are in it for the long haul and for our country.
We are not in this because we love our government less. We are in this because we love Kenya more. And we are in it within the law for we believe in the rule of law.
So ladies and gentlemen, do not be afraid, do not feel guilty, and do not be apologetic over this journey. We, the people, are acting within the law, in the best interest of our country.
We expect the government to facilitate, not frustrate our efforts.
Many battles have been fought from this venue. At this very venue, Dr Crispin Odhiambo Mbai put the case like nobody ever did on why we need to devolve power and resources.
They vilified him. They trailed him. Eventually, they killed him. But devolution came to be.
And Kenya is a much better place today because of devolution.
In Kenya, you know you are into something big and something good when the establishment fights you viciously and gets personal. So when they vilify and stalk you, when they impute bad intentions on your part today and go all out to tarnish your standing,
it is because you have hit where it matters.
We are out to strengthen Devolution because we have seen what it can do what ails it. We have seen what County governments have done with so little money in such a short time.
I will give a few quick and random examples.
In MARSABIT, the National Government drilled only about 20 boreholes in the last 50 years.
The county government has drilled 20 boreholes in one year.
Livestock is the mainstay of Marsabit.
But for 50 years, the region never built a slaughter house. Today, after one year of Devolution, Marsabit is set to perform a ground breaking ceremony for a Modern Slaughter house.
In SIAYA, there were only 3 government tractors when the County government took over in 2013.
In one year, the County Government has bought 7 tractors and hired 30. Siaya harvested 3,300 bags of maize.
Within a year, the County government put 5,000 hectares under mechanization.
This year they expect 880,000 bags.
Kisii Hospital has never had a dialysis unit since it was built in 1917.
One year after devolution, a dialysis unit is being set up by the County government.
The mortuary capacity that never exceeded 20 is expanding into 100.
The hospital is now a teaching and referral facility and a 150 bed capacity ward is coming up.
MOMBASA County mobilized 27 cars within months of taking office for police to ensure security.
At no one time in 50 years did the county manage that number of vehicles.
Last month, we were treated to the Mombasa Cultural Festival. This is a routine culture among resort and tourism cities around the world to attract visitors.
The County of Mombasa has been let down on security by an incompetent and uncaring national government.
Mombasa is set to unveil the first water desalination plant by 2016.
In Wajir, they have launched the first tarmac road-25 kilometres--since independence.
Of course these county governments are not perfect.
But then, no one is. For months, we have been asking the national government to account for the Sh15 billion that was stolen from OP. No one is talking.
When counties are strong, we have an economy firing from all cylinders. That means jobs and opportunities for youth and good living for all.
That is why we are demanding that 45 per cent of National Revenue must go to the counties to enable them carry out functions that are commensurate with this allocation including Ward development.
We want an end to the deliberate confusion around the Provincial Administration.
The Constitution requires that it be restructured to fit into devolved system. The government is busy renaming and strengthening that system. We want state departments and parastatals whose functions were fully or partially devolved to release to the counties all the funds they are holding illegally in Nairobi.
Today, the National Government is holding up to KSH 120 billion for functions already devolved.
Continuous withholding of these funds is a major source of several crises affecting the counties.
Money for class D roads which are the responsibility of County governments has not been released, nor have the roads been gazetted to formally revert to counties.
We recognize that the country’s foreign policy is role national government. However, Counties are now major centres of investment, trade and other critical sectors of economy.
We feel their voices should be heard in determining the core foreign policy direction of the country. The best scenario would have been a bipartisan approach. That would have given us a chance to debate and resolve even non referendum issues, like the relationship between the legislature and the Executive.
There are a number of areas we have gone silent on. We have gone silent on the national values and principles of governance which include integrity and transparency.
Nobody is talking about Chapter Six of the Constitution which deals with Leadership and Integrity.
There is also concern about the exclusion of MPs and Senators from appointment as Cabinet ministers (or secretaries). MPs feel they are stuck in a dead-end job with no chance of rising unless one runs for President. They can’t be ministers however long they get elected.
We missed that chance because they bipartisan approach was never given a chance. I believe it is not too late.
Is it too early for a referendum to amend the constitution?
We say No. The test is not the timing but rather the necessity.
In the USA, the Constitution came into operation on 4th March 1789 and the First Amendment was sent to the States for ratification on September 25, 1789, barely six months later.
In fact negotiations for amendment were already underway even before the Constitution itself had been fully ratified.
The South African Constitution, from which ours borrows heavily, was first amended on 28th August 1997, also barely six month since it came into operation on 4th February 1997.
In its seventeen years of existence, the South African Constitution has been amended seventeen times.
They will tell you Americans did not go to the referendum.
Yes they did not go to the referendum but that was because the government opted for dialogue.
We, the People, must now roll our sleeves from here and reach every corner of our country, for the sake of our children and grandchildren.
Thank You.
Via  L'Emperor Jo

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Making Devolution Work

There has been great rift between the devolved governments majorly involving the MCAs and governors. Where the former sees impeachment as the solution to every problem majorly involving money i.e. majorly not of beneficial to the citizens but for their selfish reasons

I tend to think that harmony in the working of a devolved unit will be the only solution to quicker and people related development.

With a positive look at extracts on Chapter eleven of our constitution, this thing is possible; harmony is the only thing lacking which is of paramount importance.

CHAPTER ELEVEN

DEVOLVED GOVERNMENT

Objects of devolution

174. The objects of the devolution of government are

a)      to promote democratic and accountable exercise of power;

b)      to foster national unity by recognizing diversity;

c)      to give powers of self-governance to the people and enhance the participation of the people in the exercise of the powers of the State and in making decisions affecting them;

d)     to recognize the right of communities to manage their own affairs and to further their development;

e)      to protect and promote the interests and rights of minorities and marginalized communities;

f)       to promote social and economic development and the provision of proximate, easily accessible services throughout Kenya;

g)      to ensure equitable sharing of national and local resources throughout Kenya;

h)      to facilitate the decentralization of State organs, their functions and services, from the capital of Kenya; and

i)        To enhance checks and balances and the separation of powers.

Principles of devolved government

175. County governments established under this Constitution shall reflect the following principles

a)      county governments shall be based on democratic principles and the separation of powers;

b)      county governments shall have reliable sources of revenue to enable them to govern and deliver services effectively; and

c)      No more than two-thirds of the members of representative bodies in each county government shall be of the same gender.

County governments

176. (1) there shall be a county government for each county, consisting of a county assembly and a county executive.

(2) Every county government shall decentralize its functions and the provision of its services to the extent that it is efficient and practicable to do so.

Removal of a county governor

181. (1) a county governor may be removed from office on any of the following grounds

a)      gross violation of this Constitution or any other law;

b)      where there are serious reasons for believing that the county governor has committed a crime under national or international law;

c)      abuse of office or gross misconduct; or

d)     Physical or mental incapacity to perform the functions of office of county governor.

(2) Parliament shall enact legislation providing for the procedure of removal of a county governor on any of the grounds specified in clause (1).

Functions of county executive committees

183. (1) a county executive committee shall

a)      implement county legislation;

b)      implement, within the county, national legislation to the extent that the legislation so requires;

c)      manage and coordinate the functions of the county administration and its departments; and

d)     Perform any other functions conferred on it by this Constitution or national legislation.

(2) A county executive committee may prepare proposed legislation for consideration by the county assembly.

(3) The county executive committee shall provide the county assembly with full and regular reports on matters relating to the county.

Legislative authority of county assemblies

185. (1) the legislative authority of a county is vested in, and exercised by, its county assembly.

(2) A county assembly may make any laws that are necessary for or incidental to, the effective performance of the functions and exercise of the powers of the county government under the Fourth Schedule.

(3) A county assembly, while respecting the principle of the separation of powers, may exercise oversight over the county executive committee and any other county executive organs.

(4) A county assembly may receive and approve plans and policies for—

a)      the management and exploitation of the county’s resources; and

b)      The development and management of its infrastructure and institutions.

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CONSTITUTION: WHAT WE EXPECTED & STILL EXPECT

• Independence of the Judiciary is affirmed Article 160.
• An advanced Human Rights and Equality Commission that will also have power to investigate and summon people involved in Human Rights abuses within the government and with the public.(Article 252)
• Integrity Chapter, requires an Independent Ethics Commission to be set up that will monitor compliance with Integrity in all government institutions and make investigations, recommendations to the necessary authorities i.e. Attorney General and any other relevant authority.(Chapter Six)
• Environmental Rights are recognized under Chapter 5(Part 2)
• The Salaries and Remuneration Commission that is an Independent entity and has the power of regularly reviewing salaries of all State officers to ensure the Compensation bill is fiscally sustainable. Article 230(5).
• Representation in elective bodies has to effectively meet a gender equity constitutional requirement, namely that no more than two-thirds of members shall be from either gender in its make-up. Chapter 7, Article 81(b)
• An advanced Bill of Rights that among other things recognizes Socioeconomic rights of the Kenyan citizens. (Chapter Four).
• The removal of age limit of 35yrs to run for President. New draft allows people to run as long as they are of adult age. Article 137(b)
• Right to Recall legislators(Senators and Members of the National Assembly).(Article 104)
• Equitable Sharing of resources between the National government and the County government through a resolution of Parliament. Chapter 12- Part 4.
• An Equalization Fund to improve basic access to basic needs of the marginalized communities. (Article 204).
• Freedom of Media establishment from penalty on expression, by the State on any Opinion and dissemination of media. Article 34. This is subject to the Article 33.
• Any member of the Public has a right to bring up a case against the government on the basis of infringement of Human Rights and the Bill of Rights – Article 23(1)(2). The courts and government institutions are bound to the Bill of Rights as per the constitution Article 2(1), Article 10(1).
• An Independent National Land Commission created to maintain oversight and manage all Land (Public) belonging to National and County Government and recommend policy on addressing complaints from public, advice the National government on ways of improving National and county land management, planning, dispute resolution. Article 67.

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