RAPE NOT A ‘COMMON GOOD’-Maslaha

Opinion Blog

This is in response to a sad story in Wajir where community leaders used Maslaha, an alternative form of dispute resolution, to settle a case where a 15 year old girl was repeatedly gang raped for 2 days by 3 men. [Daily Nation, 4th March 2018- https://www.nation.co.ke/counties/wajir/Goats-used-as-fines-for-rape-in-Wajir/3444790-4328392-nnkfxcz/index.html

Maslaha

The Legal term of Maslaha within Islamic Jurisprudence means ‘the common good’ or ‘in the public interest.’ This is unbelievable because now the question would be, ‘which public?’

Although Article 11 of the Constitution of Kenya recognises culture as ‘the foundation of the nation and as the cumulative civilization of the Kenyan people and nation’, rape is a crime against the victim and against humanity at large.

A person is deemed to commit the offence termed rape if – (a) he or she intentionally and unlawfully commits an act which causes penetration with his or her genital organs; (b) the other person does not consent to the penetration; or (c) the consent is obtained by force or by means of threats or intimidation of any kind. (3) A person guilty of an offence under this section is liable upon conviction to imprisonment for a term which shall not be less than ten years but which may be enhanced to imprisonment for life.

A crime of rape is an injury not only against the affected individual(s) but also against the society. Crimes are prosecuted by the state, which in so doing protects the social and constitutional rights of all citizens. The Constitution of Kenya 2010 recognizes the need for Alternative Dispute Resolution (ADR) to be employed in seeking justice rather than the much hostile court process. However, crimes like murder, rape, robbery with violence are crimes against humanity and as such the offenders/perpetuators must face the full force of the law and must not be accorded an opportunity to get away with their inhuman acts through the guise of traditional norm of ADR.

This is due to the fact that such traditional and customary agreements are repugnant to justice and morality and pursuant to Article 2(4) of the Constitution of Kenya 2010 which categorically states that ‘’Any law including Customary law that is inconsistent with this constitution is void to the extent of the inconsistency, and any act or omission in contravention of this constitution is invalid.’’ Therefore, at a minimum, the prosecution should be consulted before having the reconciliation agreements and customary laws applied in resolving the criminal cases.

The Criminal Procedure Code under Section 176 provides:

‘In all cases the court may promote reconciliation and encourage and facilitate the settlement in an amicable way of proceedings for common assault, or for any other offence of a personal or private nature not amounting to felony, and not aggravated in degree, on terms of payment of compensation or other terms approved by the court, and may thereupon order the proceedings to be stayed or terminated.’

The Director of Public Prosecutions is the custodian of prosecutorial powers. Prosecution of offences is a public policy concern, and in preserving this power to preserve the public interest, he/she cannot be by passed in negotiations concerning charges against an accused person as in the case of Juma Faraji Serenge alias Juma Hamisi v Republic [2007] eKLRMaraga, J. (the current Chief Justice) in his ruling stated:

‘To the best of my knowledge, other than in cases of minor assault in which a court can promote reconciliation under section 176…. of the Criminal Procedure Code and such minor cases a complainant is not allowed to withdraw a criminal case for whatsoever reason. In any case the real complainant in all criminal cases, and especially so felonies, is the state. The victims of such crimes are nominal complainants. And the state, as the complainant, cannot be allowed to withdraw any such case because the victim has forgiven the accused as happened in this case or any such other reason. The state can only be allowed to withdraw a criminal case under section 87A of the Criminal procedure Code or enter a nolle prosequi when it has no evidence against the accused or on some ground of public interest. And even then when it has convinced the court that the case should be so withdrawn”.

Maslaha, which is an alternative form of dispute resolution mechanism, is recognized under Article 159 (2) (c) of the Constitution which provides that:

‘In exercising judicial authority, the courts and tribunals shall be guided by the following principles—

(c) Alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted, subject to clause (3)

Clause (3) of the same article states:

‘Traditional dispute resolution mechanisms shall not be used in a way that:

(a) Contravenes the Bill of Rights;

(b) is repugnant to justice and morality or results in outcomes that are repugnant to justice or morality; or

(c) is inconsistent with this Constitution or any written law.

It should always be remembered that customary law is unwritten law but just a set of rules that exists in one’s mind and are passed on from one generation to another. This is due to the fact that there is nothing like customary law but what we have are customary laws as every community have a different set of beliefs all together. It is also imperative to note that despite the fact that the victims of offenses like rape subscribe to various customary laws that do not consider that injustice, they are still under the provisions of the constitution of Kenya 2010 and fully enjoy the rights of the said constitution. Therefore, the application of alternative dispute resolution mechanisms must be consistent with the Constitution and the written law of the land and check to ensure justice to both the offenders and the victims.

Equally, the Judicature Act in section 3(2) stipulates and provides that the customary law is only applicable to civil cases. It states that:

‘The High Court, the Court of Appeal and all subordinate courts shall be guided by African customary law in civil cases in which one or more of the parties is subject to it or affected by it, so far as it is applicable and is not repugnant to justice and morality or inconsistent with any written law, and shall decide all such cases according to substantial justice without undue regard to technicalities of procedure and without undue delay.”

Therefore where the alternative dispute resolution mechanisms are to be used in the criminal matters, it is limited to misdemeanours and should not be considered on felonies.

By:

Jack Odiwa, Local Expert-AJS

AGCP-Kituo Cha Sheria

 

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Success Story of Mwangi Njangu

succes-story

Mwangi Njangu Vs. Meshack Mbogo Wambugu Civil Appeal No. 239 Of 1990

Background of the Suit

Our Client was the Appellant herein Mwangi Njagu. On or around 9th February 1976, our Client entered into a sale agreement with one Sophia Nyakweya in which it was agreed that the our Client would sell One (1) acre out of all that piece of land known as L.R. NO. KONYU/BARICHO/695 for a consideration of Kenya Shillings Fourteen Thousand (Kshs.14,000/-). The said Sophia Nyakweya paid our Client the sum of Kenya Shillings Twelve Thousand Five Hundred (Kshs.12, 500/-) and a balance of Kenya Shillings One Thousand Five Hundred (Kshs.1, 500/-) remained. An application for the land control board consent was submitted but was not obtained. Our Client through his then Advocates one Messers Ghadialy & Co. Advocates informed Sophia Nyakweya of the same through a letter dated 29th August 1979 and further notified her that our Client was rescinding the sale agreement because the land board consent was not obtained.

Our Client then refunded the Kenya Shillings Twelve Thousand Five Hundred (Kshs.12,500/-) to Sophia Nyakweya. The said amount was refunded through a cheque and letter dated 5th November 1979, forwarded through the our Client’s Advocate Messers Ghadialy & Co. Advocates to the Respondent’s then Advocates one Messers A.J. Kariuki & Co. Advocates.

The sale agreement dated 9th February 1976 was executed between our Client and Sophia Nyakweya and the Respondent was never privy to the same. He was a stranger to the agreement and the fact that he is the husband to Sophia Nyakweya did not legitimize his fraudulent claim.

A dispute ensued and when the Respondent instituted a suit against our Client before a panel of elders and arbitrator, they made an award in favour of the Respondent, ordering for the sub-division of our Client’s land into two portions of One (1) acre for the Respondent and Four and a half (4.5) acres for our Client.  The Respondent later filed civil suit no. 214/80 in Nyeri, where he sought orders for specific performance. Our Client instructed Messers Ghadialy & Co. Advocates to represent him in the matter and he filed a memorandum of appearance but failed to file a defence. The matter proceeded without the our Client’s knowledge and Messers Ghadialy & Co. Advocates neglected and/or refused to participate in the proceedings and an ex-parte judgment was issued against our Client and being dissatisfied with the same, he filed this present appeal.

Issue for Determination

Our issues for determination were:-

  1. Whether the Respondent was privy to the sale agreement dated 9th February 1976.
  2. Whether the lack of consent from the land control board nullified the sale agreement dated 9th February 1976.
  3. Whether the mistake of Ghadialy & Co. Advocates should be visited upon the Appellant.

On 15th February 2018, a judgment was issued by Honourable Justice Mbogholi Msagha, where our appeal was allowed and the decision of the Chief Magistrate’s Court was set aside. Find herein attached the summary of C.A. NO. 239/90 – Mwaniki Mbogo Wambugu Vs. Meshack Mbogo Wambugu. We represented the Appellant therein and the Judgment was delivered on 15th February, 2018 by Hon. Justice Mbogholi Msagha in which our Appeal was allowed. Our Clients were very grateful for the assistance that Kituo has accorded them in a matter they first started pursuing in 1990. We Care for Justice.

RCKM

Kituo Cha Sheria

Success Stories-Lang’ata Women’s Prison

Success Stories from the Lang’ata Women’s Prison Justice Centre

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Langata women prison paralegals during the graduation  at the Lang’ata Women maximum prison

Article 48 of the Constitution of Kenya specifically advocates for access to justice for all. Kituo Cha Sheria has established Prison Justice Centres that are managed and run by trained prison paralegals to assist them self-represent in court, offer legal advice to the other inmates, educating them on criminal law and guiding them on how to confidently represent themselves in Court and empower the entire prison community. Kituo has played a big role in supervising these centres and providing technical assistance in legal matters that need the attention of an advocate. To date, Kituo has established Prison Justice Centres at Shimo La Tewa Men & Women Prisons, Lang’ata Women’s Prison, Kamiti Maximum Prison, Kodiaga, Nyeri Main (King’ong’o) G.K. Prison, Kakamega GK Prison and Meru GK Prison. As a result, inmates and Prison Officers have been able to offer legal aid services to inmates and from 2010 to date 10,000 + inmates have been released following interventions by trained paralegals. The Prison justice centers have significantly contributed to the decongestion of prisons and at the same time made justice accessible to those who could not afford the services of an advocate.

Kituo is always pursuing access to justice for all and through the prison paralegals model Jane Nyambuye Manyonge speaks on the results from the Lang’ata Women’s Prison…

“Walking down the memory lane, 2016 hitherto we, as Langata Women MaximumPrison have benefited a lot  from Kituo Cha Sheria through legal awareness. Your vision and mission are actually based on the spirit of charity. Thus, to help the poor and the marginalized. We sincerely appreciate you for taking your precious time and money, setting aside your other commitments to facilitate the just ended workshop.” These were the exact spoken words of Jane Nyambuye Manyonge, a qualified prison paralegal during the just concluded prison paralegal graduation which saw 30 inmates and 10 prison officers awarded certificates after a week-long intensive paralegal training at the Lang’ata Women’s prison.

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Jane Nyambuye Manyonge, a qualified prison paralegal giving her speech during the just concluded prison paralegal graduation at the Lang’ata Women maximum prison.

In her speech, that was full of gratitude, Jane on behalf of the other paralegals testified that they have been empowered through Kituo’s legal awareness programmes.

She added that they have acquired basic knowledge of law to that they now use to assist their clients; (a term they use to refer to their fellow inmates) with cross-examination questions, making submissions especially to clients who do not have advocates, encouraging clients to develop self-confidence during self-representation in court as well as drafting their defense and mitigation. According to Jane, the paralegals are no longer ignorant of their legal rights. She attested this based on the success stories that they have received from the prison justice center where they attend to their clients twice a week that is on Tuesday and Thursday every week.
“The paralegals are competent of doing the whole trial process, draft appeals, petitions, memorandums, revisions on review and review on appeals as well as giving legal aid and awareness to other inmates.” Said Jane.

Success Stories
With a broad smile on her face, Jane presented a number of success stories that they have documented at the prison justice Centre. “Our efforts have borne fruits {pause} and as such we have had many success stories the latest one being in this month February, 2018 where we saw four (4) of our fellow inmates walk scot free out of the prison gate through the A.D.R. initiative. Some cases have been terminated and the accused person’s acquitted through the paralegal aid. Best example is one Mary Kavetsa who was charged with murder. The prison paralegals played an instrumental role in helping her draft her defense which went through successfully. She was then acquitted. Olivia Mutheu another inmate who had 3 counts of roberry with violence and had no advocate to represent her in Court was also another one who benefited from the paralegal services freely. The paralegals assisted by taking her through the whole trial process, questions to ask before the Court and other legal advice. She was acquitted of all charges. Rahab Nyawira who is also a certified paralegal, had one file with three counts of roberry with violence. She was able to represent herself in court and was acquitted of the two counts and the third count was reduced to a lesser charge of handling stolen goods; which she got two years.
Pauline Mbugua, also a prison paralegal, was facing seven charges. She has used the knowledge she gained through the Kituo paralegal refresher training in prison to battle it out and argue her case in Court.  Pauline who represents herself in Court has been acquitted of five (5) charges and now has two files to go.”

Challenges Faced by Inmates in their Pursuit for Justice…
Jane noted that most of pre-trial inmates have no charge sheets thus making it difficult to assist them. She added that most of the inmates are also illiterate and do not only understand their rights but also the court process, what is required from them and of them hence this delays proceedings and judgments. Most of the inmates also cannot afford to hire advocates to represents them. All these put together most times lead to delayed justice or unfair judgment.

RCKM
Kituo Cha Sheria

We need to get ‘Sports’ right…

Opinion Blog

Letter to the Kenyan Sports CS:

Dear Mr. Rashid Mohamed Echesa,

Allow me to congratulate you for your Nomination and Appointment as Kenya’s Cabinet Secretary for Sports and Heritage. This is indeed a great honor and privilege to be recognized as the men to head this docket with the responsibility of giving the President counsel as required by law and custom.  It is no doubt that you are competent enough, humble, self-driven with the ability to show accountability and transparency. Taken from President Kenyatta’s mouth, “to whom much is given, much is expected”. These are the expectations of a president- who is seeking to leave a legacy-, Kenyans who play and love sports and ultimately all Kenyans whom through the President have bestowed on to you in trust, the duty to lead them in the area of sports and heritage.

I must remind you that you are taking over this ministry at a time when it has witnessed massive failure and disproval from all corners. You must take note that a major private sector sponsor- Sportpesa, who have been massively funding sports in the country have reduced their funding due to disagreements with the National Government. This withdrawal of financial support has a trickle-down effect on all sports activities-football, boxing, rugby, etc. To illuminate the point properly, Gor Mahia and AFC Leopards-Kenyan clubs who are both in continental championships may not have funds to prepare and honor fixtures let alone do well. Keeping with the beautiful game, you must remember that Kenya lost the bid to host the CHAN championships due to an apparent lack of infrastructure and unpreparedness. This is despite the Jubilee Government’s promise of world class stadia. You are getting into a ministry that is traditionally marred with corruption, misappropriation and mismanagement of funds, scandals, wrangles and politics in the various sports federations and disillusionment.

I am therefore writing to you to tell you why we need to get sports right as a country. Why you need to do things differently and why sports may be one of the solutions for Kenya.

The Nature of the Sports docket

The first thing to get right is to understand the nature of the Sports Ministry. The “false start” we always have is the thought that sports is a “small” ministry. There is therefore a tendency by the leadership to allocate relatively less money to the ministry and to treat is as a token docket. This is the ministry where things like regional balance and gender equality may be looked at. I do not blame the political class but understand that this attitude is cultural and is carried on from a society that believes in white collar jobs as opposed to sports. This is a challenge that you need to take seriously. If you assert yourself properly, understand your working environment, instill discipline; you may just help in making a difference

The Ministry requires a delicate balance between international, regional and municipal interests. It requires a comprehensive knowledge on the working of federations, negotiation skills and a grasp of the law. By nature, sports is dovetailed by different sectors which require knowledge in sports management and governance. It is very hard for the Government to convince people that they care about the youth when they perform horribly in sports and before I conclude this part, take note that if properly managed and actualized, it may be the gold that Government needs. This is because success in sports translates to success in other areas.

Economic Success

Sports have huge economic benefits if you think of it as a business. It means selling sports and merchandise through contractual obligations. The ministry should therefore step up in terms of sponsorship deals and endorsements. I urge you to have the capacity to negotiate and grow sponsorship for our sports. Sports create job opportunities and lastly, hosting tournaments such as CHAN have huge economic benefits that have been taken for granted. Development of roads and infrastructure also leads to economic growth. If you want to know the extent to which Kenya is losing just take a look at countries that take sports seriously, you will notice the kind of money that changes hands and what it does to the economy. Sports is also connected to areas such as trade, foreign affairs and tourism which indirectly help to spur economic growth. All I am saying is; Kenya needs to stop the myopic thinking that we’re currently stuck with regarding issues sports.

Social-cultural dimension         

Kenyans are traditionally and culturally known for long distance running. The country is also earning the status of a world power house in Sevens Rugby. Through these, our beautiful culture and way of life gets out in the world.  More importantly however, is the role that sports plays in shaping our society. It is an effective medium of advocating for good in the society and eradicating what’s bad.

Scientific research has proven that participation in sports is a very effective way of keeping young boys and girls from drugs and substance abuse. It is also used for mentorship and gaining a better perspective in life. All these are affected when Sportpesa quits sponsorship and the Government is unable to allocate funds to sports activities. You may also recognize the role that sports plays in keeping people healthy and as they say…health is wealth.

Politics & Sports

I am sure we all have noticed that sports is one of the things that always takes “tribe” and negative ethnicity from Kenyans. It is at the moment when the Shujaa are running towards the try-box that Kenyans always feel most patriotic. Sports is one medium to national cohesion and unity. It has always been used to fight discrimination and negative politics as it is used to advocate for good politics. Sports bring people together. So, I know you will agree with me that getting sports right is in fact part of the Jubilee government’s Big Four Agenda.

Sports as a Human Right

As a lawyer I need to also inform you of sports as a human right. This mostly applies to children but it extends into building sports academies, parks and areas where children can play and nurture talent. The Sports Act provides for the creation and development of Sports Academies for development of talent. These require coordination, management and proper governance.

In conclusion, these are very important reasons why we need to fix Kenya sports and get it right. We need to develop our institutions and invest in our talent.

Wish you the very best, Waziri!

Yours Sincerely,

Ouma Kizito Ajuong’   

Advocate of the High Court of Kenya    

Success Story- Meru Prison Justice Centre

Meru GK Prison Justice BannerArticle 48 of the Constitution of Kenya specifically advocates for access to justice for all. Kituo Cha Sheria has established Prison Justice Centres that are managed and run by trained prison paralegals to assist them self-represent in court, offer legal advice to the other inmates, educating them on criminal law and guiding them on how to confidently represent themselves in Court and empower the entire prison community. Kituo has played a big role in supervising these centres and providing technical assistance in legal matters that need the attention of an advocate. To date, Kituo has established Prison Justice Centres at Shimo La Tewa Men & Women Prisons, Lang’ata Women’s Prison, Kamiti Maximum Prison, Kodiaga, Nyeri Main (King’ong’o) G.K. Prison, Kakamega GK Prison and Meru GK Prison. As a result, inmates and Prison Officers have been able to offer legal aid services to inmates and from 2010 to date 10,000 + inmates have been released following interventions by trained paralegals. The Prison justice centers have significantly contributed to the decongestion of prisons and at the same time made justice accessible to those who could not afford the services of an advocate.

This is a Success Story from the Meru G.K. Prison Justice Centre…

SUCCESS STORY OF DOUGLAS MUTHAURA NTORIBI OFFENCE: ROBBERY WITH VIOLENCE C/SEC 296(2) OF THE PENAL CODE COURT: MERU HIGH COURT

MISCELLANEOUS CRIMINAL APPLICATION NO. 4 OF 2015

Case background

Douglas Muthaura Ntoribi was charged for the offence of robbery with violence contrary to Section 296 (2) of the Penal Code.  The action saw the attacked victim sustain a head injury from a cut and loss of Ksh. 500. He was convicted by the trial court sitting at Nkubu in 2005 and sentenced to suffer death.  He lodged an appeal (Criminal appeal number 118 of 2005) before Meru High Court, and on 29th July 2008, the same was dismissed. He soldiered on and filed Criminal Appeal No. 317 of 2008 before the court of appeal. That appeal suffered the same fate as the initial one at the High Court on 30th April 2014 with both judges citing that the applications did not meet the required threshold.

Douglas undergoes Kituo paralegal training…

Back In 2016, Kituo cha Sheria conducted paralegal training at Meru Main Prison, thirty (30) inmates underwent the paralegal training and were awarded certificates upon successful completion. Douglas Muthaura who was among the trainees testified how the knowledge he gained from the training helped him write a comprehensive appeal that saw the judge finally rule in his favor.

Case Determination        

The court ruled that the circumstances of the case did not call for death sentence or life imprisonment. In that regard death sentence was replaced by a 15 years imprisonment, sentencing running from the date of conviction dated 8th July 2005.

The Court’s decision was arrived at given that he had already spent almost twelve years in prison and yet, the victim of crime was treated of his head injury and immediately discharged from the hospital.

The Court in its ruling posed a question or rather wondered why such an applicant cannot reform and challenged the prison system to come up with effective rehabilitation models for convicts falling in the bracket of the applicant.

Justice Said Chitembwe cited the Supreme Court decision in MURUATETU v REP (2017) where mandatory death sentence was declared unconstitutional. He further opined that, High Courts are duty bound to consider cases where litigants have already been sentenced to suffer death and that, the consideration should not be limited to murder cases only.

RCKM

Kituo Cha Sheria

Political Parties as the Bedrock of Democracy and Good Governance in Kenya: Lessons from the African National Congress (ANC)

Opinion Blog

Political Parties in Kenya

While Political Parties in Kenya may be defined as loose ethnic organizations-based on personal vision and politics- that are formed as vehicles to get political power, the African National Congress (ANC) and political party politics in South Africa appear to operate on a  different tangent; an oasis in a large desert of political indiscipline, corruption, dishonesty and lack of vision. It is only in South Africa and the ANC that two Presidents have resigned, pushed out by the party due to allegation of corruption, mismanagement and abuse of office. Imagine for a minute, Kenya’s Jubilee Party asking President Kenyatta to step aside on account of failure to tackle corruption or the Orange Democratic Movement pushing for a vote of no confidence against Rt. Hon. Raila Amollo Odinga. This is not just laughable but impossible. It is against this backdrop that this article reflects on political parties’ culture in Kenya. This discussion based on five areas that Kenyan political parties may want to consider so as to be champions of democracy and good governance.

National-based Political Parties

The first thing for Kenya is to grow her national political outfits as opposed to ethnic and personality-based organization. It may be true this situation was crafted and seeds planted by the colonialist however, it is over fifty years and it is important for Kenyans to step out of the colonialist fangs. The Constitution of Kenya, 2010 in Article 91 demands of political parties to have a national character. This means that they should be inclusive and seek the common good of all Kenyans. As much as politicians may not agree, parties in Kenya are aligned to tribes. They carry the aspirations and dreams of their tribes. This takes away national unity and objectivity in political parties. No wonder in Kenya, political parties are not about intergrity, fighting corruption. They are not about the rule of law; rather, it’s about tribal interests and power. National-based political parties also mean parties that have women, persons living with disabilities and minority groups. If they were not so much engrossed in tribalism, they would be pushing the agendas for these people as they include them in their decision-making organs and policies.

Issue-based political Parties

Kenyan political parties like the ANC must be based on issues. It is hypocritical to expect candidates to campaign on issues when the parties do not have a stand on certain ideologies. Political parties should not be a difference between class or tribe, but ideologies. What is the Jubilee Party’s position on Genetically Modified Foods, or Wiper Democratic Party’s position on reforestation? What about the Orange Democratic Movement’s policy on inclusivity, healthcare, job creation and eradication on poverty.  This explains why political parties have identical yet unrealistic manifestoes every election year. Their ideas do not resonate with the citizens. They often have no clue on what the ordinary citizens goes through. A good example is the primary schools laptops project. It is very absurd to buy laptops for children who do not have books, pencils, teachers, classrooms, etc. If parties stand for ideologies that resonate with the people, it will be easy to do issue-based politics.

Issue based politics also helps cure the culture of party- hopping. Legislation attempted to help by putting a time limit for changing parties however; this gave birth to independent candidates.  The point is political parties need to cultivate a culture of ideologies upon which its members must abide by, in that way, party hopping will naturally die off.

Institutionalized Political Parties

The other thing to learn from ANC is to strengthen party structures. Strong party structures means creating leadership that is autonomous and is guided by an acceptable value system. This is opposed to personality based political parties. Institutionalization of political party helps in growing membership, creating awareness and societal values, condemning vices and cultivating party democracy. There is a live debate on the inability of political parties to conduct proper primaries and how this eventually affects the general election. The answer to this is to take political power from specific people to independent structures and institutions. The ANC has   moved from the leadership of Oliver Thambo, to Nelson Mandela to Thabo Mbeki, Jacob Zuma and now Cyril Ramaphosa yet there are questions as to whether the Maendeleo ChapChap Party can survive without Governor Alfred Mutua.

How do political parties in Kenya discipline errant members? Kenyans have witnessed spectacular scenes from Members of Parliament and even Members of County Assemblies engaging in acts like physical fights in public and use of abusive language and hate speech, yet there is very little talk of discipline. If only this was taken as serious as it is with the ANC. Parties need to set standards for the members. It is very sad that in Kenya, politicians accused of corruption and abuse of office are protected rather than disciplined by their political parties.

Political Party Financing

For political parties to function properly there is need for financing. This however cannot be left for the elite and the party leadership. There needs to be a system that allows members to remit their contributions. In that way, all members get to own the projects by the parties. As this goes on the Government also need to be pro-active in checking their books of account and finances to ensure transparency and accountability. Legislation or Amendments to the Political Parties Act is necessary to regulate the moneys that are to be used in political activities. This is important as it helps in bring equity and equality in our politics.

Political Party Activities after Elections

What happens to political parties after elections? The ANC being majority in the House has always helped in holding the government to account, political parties in power in Kenya have always been a rubber stamp of the Government. The Constitution of Kenya, 2010 has given Parliament the power to oversight whether as a Jubilee or NASA affiliate. Political parties also play the role of pushing the agenda and representing the people’s needs, aspirations, desires and dreams. Political parties should be the avenue for citizens to speak out on governance issues. They need to be the space for a country to have dialogue. It is important for political parties to be a uniting factor rather than a dividing factor.

By:

Ouma Kizito Ajuong’-  Poet, Lawyer, Person with Disability, Advocate of the High Court of Kenya, LLB (Hon.) Kenyatta University, PGD KSL, Legal Practice.

The Samburu-Ilmisigiyoi Group Ranch Members fight for their land rights.

ELC PETITION 339 OF 2017 AT THE NYAHURURU ELC COURT- ILMISIGIYOI GROUP RANCH V LEMIYON LEPARMARAI & 8 OTHERS

Ilmisigiyoi 2

Kituo Cha Sheria is on record for a case concerning members of the Ilmisigiyoi Group Ranch who are from the Samburu community. Through our advocate Mr. John Mwariri we are representing a total of 600 families who form the Imisigyoi Group ranch and whose livelihoods are affected by the matter. Our clients are the owners and occupiers of the parcel of land situated in Lodokejek ward in Samburu County.

The dispute between the Ranch members and the defendants dates back to the time when the ranches were demarcated in the 1970s. During the said exercise beacons were erected and after a period of time the boundaries were illegally tampered with and as a result the Defendants who include the Kenya Broadcasting Corporation entered into our clients land illegally and have been occupying the piece of land.

The effect of this encroachment is that our clients have been dispossessed of their land with traditional boundaries and their livelihoods have also been affected as their grazing lands are now highly diminished. The matter filed at the Nyahururu ELC Court seeks to ascertain whether our clients are the lawful owners of the land identifiable by the aforesaid traditional boundaries and ensure that the parcels of land now occupied by the Defendants are returned back to the Samburu.

The matter came for hearing on the 13th February, 2018, when one of our witnesses, Mr. Lesingo Leiyagu testified and a further hearing is set for the 24th April, 2018.

RCKM

Kituo Cha Sheria