 | Adili 118 - A COMPARATIVE ANALYSIS OF THE PROPOSED AND CURRENT CONSTITUTION OF KENYA
Author: Johnson Okello
A Continuation from the previous Adili Edition
By Johnson Okello
Devolved Government
Chapter Eleven of the Proposed Constitution provides for a devolved government. One of the objectives of devolution is to enhance checks and balances and separation of powers. The key positions in the county governments such as the govenorship are elective in nature and this gives the people a chance to hold their leaders accountable.
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| Adili 117 - A Comparative Analysis Between the Proposed and Current Constitution of Kenya
Author: Johnson Okello
Quote Of The Month
The proposed constitution states that the electorate can recall the respective members of parliament. This is a massive boost to the public because for once, electorates will not have to wait for five years before registering their displeasure with their elected leaders. Accordingly there is a possibility of greater accountability from elected representatives in the Proposed Constitution.
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| Adili 116 - MAU Compensation: The Corruption & Land Politics
Author: James Makori
The re-settlements of squatters in the Mau Forest may have begun in the 1930s when the colonial government cleared parts of the forest to create forest plantation using exotic species. During the same time millers also obtained licenses allowing them to practice logging and the "shamba system" was introduced. This system initially allowed people to practice limited livestock grazing, firewood harvesting and cultivation in the forest under supervision of the forest rangers..
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| Adili 115 - Kenya's Education Sector in Dire Need for Reforms
Author: TI - Kenya
The education sector has been under a sharp spotlight since December 2009, when news of misappropriation of Free Primary Education funds hit the headlines. Corruption in the sector threatens equal access to and the quality of education. It also compromises international commitments on the targets set out in the Education for All (EFA) and the Millennium Development Goals (MDGs). Education is central to the eradication of illiteracy, disease and poverty, thus strengthening the cause for transparency and accountability among all players in the sector.
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| Adili 114 - To Give or Not to Give Prosecution Powers to KACC: Some Arguments Against
Author: TI-Kenya
Kenya has had an anti-corruption legislation from 1956. The Prevention of Corruption Act Cap. 65 of the Laws of Kenya, was in operation from August 1956 to May 2003. Initially, the Prevention of Corruption Act was enforced by the Police Department in the early years. Corruption grew over the years despite the existence of the Prevention of Corruption Act. An effort was made to establish in 1993 an Anti-Corruption squad within the Criminal Investigation Department of the Force, but the squad was disbanded before it could make an impact 1995. The Prevention of Corruption Act was amended in early 1997 to provide for the establishment of the Kenya Anti-Corruption Authority (KACA).
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| Adili 113 - Global Corruption Report 2009: Corruption and the Private Sector
Author: TI-Kenya
On 13 October 2008 the Capital Markets Authority intervened in the management of Discount Securities Ltd, a stockbroker with the Nairobi Stock Exchange, and appointed an auditing firm, KPMG, to investigate allegations of weak financial base and poor corporate governance. Following these developments, the National Social Security Fund (NSSF) lost, or is likely to lose, Sh1.4 billion (approximately US$19 million) belonging to desperately poor retirees invested through the stockbroker.
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| Adili 112 - The International Criminal Court: Is It An Option for Kenya?
Author: TI - Kenya
The opinion polls previously conducted showed that majority of Kenyans prefer the post-election violence perpetrators to be tried at the International Criminal Court also know as "The Hague"; essentially a secondary institution as majority of Kenyans have lost faith in the justice system.
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| Adili 111 - Public Service Besieged by Corruption
Author: TI-Kenya
Citizens of the East African countries have been promised more efficient and quality public services, should the dream to form a formidable regional economic and political bloc come to pass. East Africa now boasts of a regional customs union, with negotiations to form a common market ongoing. However the findings of the inaugural East Africa Bribery Index 2009 reveal that corruption is rife in the public service institutions in Kenya
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| Adili 110 - Secure From Public Scrutiny? A Critical Analysis Of Security of Tenure in Kenya
Author: TI-Kenya
Security of tenure for selective public servants has long been espoused as an essential tool in civil service reform; a necessary tool to enhance the effectiveness and efficiency of the civil servant and or the institution. Experts argue that in the principle of separation of powers within branches of any government, security of tenure is required to ensure the rule of law is adhered to, constitutionalism and good governance maintained. The common understanding is that security of tenure for certain public servants shields them from the complications of everyday politics.
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| Adili 109 - Is There Political Will Towards Achieving Agenda Four?
Author: TI - Kenya
Agenda one was to stop the violence and restore fundamental rights and liberties. Agenda two was to address the humanitarian crisis which involved resettling Internally Displaced People (IDPs). Agenda three was to resolve the political crisis. And finally, the fourth agenda was meant to examine and propose solutions for the long-standing issues such as, constitutional, legal and institutional reform; tackling poverty and inequality as well as combating regional development imbalances; tackling unemployment particularly among the youth; consolidating national cohesion and unity; undertaking land reform; addressing transparency, accountability and impunity.
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