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KIBWANA: Is it time to change executive arm in Kenya?

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By KIVUTHA KIBWANA
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The 2010 constitution legislated for Kenya a full presidential system in which the president, who is elected through universal suffrage, serves as head of state and of government and is independent from the legislature.

Semi-presidential systems, on the other hand, accommodate both a president and a prime minister. The president exercises overall executive authority with some degree of executive authority delegated to the prime minister.

In a parliamentary system, the prime minister is the head of executive and also doubles as the leader of the legislature. S/he is usually elected by the national assembly and is answerable to Parliament hence the prime minister derives legitimacy from his or her ability to enjoy the confidence of the legislature. In Africa, over 35 countries, Kenya included, are presidential systems. In continental America, 19 of the 23 sovereign states are presidential systems.

Between 2008 and 2013, within the Grand Coalition government, Kenya enjoyed a semi-presidential system of government in which the president appointed a prime minister and two deputy prime ministers who exercised a measure of delegated executive authority. For a wide range of executive decisions, the president and prime minister had to consult for purposes of arriving at some concurrence.

At the dawn of independence, between 1963 and 1964, Kenya had a parliamentary system in which a prime minister exercised executive authority through the unicameral legislature. He was appointed by a political representative of the British monarch resident in Kenya.

Today, Ethiopia and Mauritius are parliamentary systems while examples of semi-presidential systems in Africa are: Algeria, Angola, Cape Verde, Egypt, Sao Tome and Principe, South Africa, Tanzania and Western Sahara.

In presidential systems, power tends to be centralised within the executive headed by one person. The winner in a presidential election takes it all; he or she appoints the cabinet and other state positions with or without parliamentary approval. Those who lose in elections usually have to “stay in the cold” until the next election especially if, as is the current situation in Kenya since 2010, they cannot vie for both presidential and parliamentary elections. Even if a party’s or coalition of parties’ presidential candidate commanded votes almost equal to those of the winner, they are locked out of state power.

Before 2010, unsuccessful presidential candidates would, if they also won a parliamentary seat, remain in Parliament. The opposition candidate with the highest number of votes would become an influential leader of the opposition.

Gerring, Thacker and Moreno in their article “Are Parliamentary Systems Better?” argue that “Parliamentary systems offer significant advantages over presidential systems … What makes parliamentarism, a more reliable vehicle for good public policy, is its capacity to function as a coordination device … This is because parliamentarism integrates a diversity of views, while providing greater incentives for actors to reach government”.

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Within parliamentarism, political parties, whether they represent citizens from particular regions or nationally, negotiate for the citizens within Parliament. The prime minister stays in power to the extent that he or she drives concerns making in the public decisions arrived at. The prime minister defends his or her government literally on each parliamentary day.

Under a presidential system, citizens or the political elites have to routinely negotiate with State House or the office of the president, while in a parliamentary system, negotiations do realistically take place on the floor of Parliament. If a ruling party or coalition loses a majority in the legislature, then the emerging majority forms the next government.

The Bomas Draft constitution of March 15, 2004 provided for a mixed system of government in which the president, elected through a countrywide vote, was the head of state, commander-in-chief of the Kenya Defence Forces, and the chairperson of the national security council.

The prime minister, under the Bomas Draft, was the head of government who was to coordinate the work of ministries and the preparation of legislation and be responsible to Parliament. Further, the prime minister would nominate for appointment two deputy prime ministers and 15-20 ministers, a similar number of deputy ministers and chair Cabinet meetings.

The Bomas Draft executive tended towards introducing more of a parliamentary system than even a semi-presidential system. In 2008, however, the Bomas Draft executive model was abandoned as the country embraced a presidential system with a prime minister who was not head of government.

Why has the clamour for  a parliamentary system of government returned?

The first-past-the-post electoral system in which the winner takes it all, regardless of the number of votes garnered by competitors, has been found disruptive especially in the context of an ethnically divided society. Ethnic communities who are not part of the winning team or coalition believe they will be marginalised until the next General Election. Because the winning group usually does not do so decisively, charges of election fraud and pursuant endemic electoral conflict abound. The electoral season also becomes a season of bloodletting and instability. The 2007/2008 electoral season almost ignited a civil war.

There are those who believe an expanded executive outside the offices of the president and deputy president would, with adroit negotiations and balancing, mollify the elite representing community interests. Elections would thus cease to be war.

Ethnic groups who would be represented in government through the proposed offices of the president, the deputy president, the prime minister, two deputy prime ministers and a powerful office of the opposition would feel that their people’s group interests in terms of development opportunities, government jobs, government procurement etc are taken care of. The above offices can be configured through a parliamentary system in which the prime minister is the fulcrum of government as the Bomas Draft sought to achieve.

The writer is the Makueni Governor.



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Sordid tale of the bank ‘that would bribe God’

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Bank of Credit and Commerce International. August 1991. [File, Standard]

“This bank would bribe God.” These words of a former employee of the disgraced Bank of Credit and Commerce International (BCCI) sum up one of the most rotten global financial institutions.
BCCI pitched itself as a top bank for the Third World, but its spectacular collapse would reveal a web of transnational corruption and a playground for dictators, drug lords and terrorists.
It was one of the largest banks cutting across 69 countries and its aftermath would cause despair to innocent depositors, including Kenyans.
BCCI, which had $20 billion (Sh2.1 trillion in today’s exchange rate) assets globally, was revealed to have lost more than its entire capital.
The bank was founded in 1972 by the crafty Pakistani banker Agha Hasan Abedi.
He was loved in his homeland for his charitable acts but would go on to break every rule known to God and man.
In 1991, the Bank of England (BoE) froze its assets, citing large-scale fraud running for several years. This would see the bank cease operations in multiple countries. The Luxembourg-based BCCI was 77 per cent owned by the Gulf Emirate of Abu Dhabi.  
BoE investigations had unearthed laundering of drugs money, terrorism financing and the bank boasted of having high-profile customers such as Panama’s former strongman Manual Noriega as customers.
The Standard, quoting “highly placed” sources reported that Abu Dhabi ruler Sheikh Zayed Sultan would act as guarantor to protect the savings of Kenyan depositors.
The bank had five branches countrywide and panic had gripped depositors on the state of their money.
Central Bank of Kenya (CBK) would then move to appoint a manager to oversee the operations of the BCCI operations in Kenya.
It sent statements assuring depositors that their money was safe.
The Standard reported that the Sheikh would be approaching the Kenyan and other regional subsidiaries of the bank to urge them to maintain operations and assure them of his personal support.
It was said that contact between CBK and Abu Dhabi was “likely.”
This came as the British Ambassador to the UAE Graham Burton implored the gulf state to help compensate Britons, and the Indian government also took similar steps.
The collapse of BCCI was, however, not expect to badly hit the Kenyan banking system. This was during the sleazy 1990s when Kenya’s banking system was badly tested. It was the era of high graft and “political banks,” where the institutions fraudulently lent to firms belonging or connected to politicians, who were sometimes also shareholders.
And even though the impact was expected to be minimal, it was projected that a significant number of depositors would transfer funds from Asian and Arab banks to other local institutions.
“Confidence in Arab banking has taken a serious knock,” the “highly placed” source told The Standard.
BCCI didn’t go down without a fight. It accused the British government of a conspiracy to bring down the Pakistani-run bank.  The Sheikh was said to be furious and would later engage in a protracted legal battle with the British.
“It looks to us like a Western plot to eliminate a successful Muslim-run Third World Bank. We know that it often acted unethically. But that is no excuse for putting it out of business, especially as the Sultan of Abu Dhabi had agreed to a restructuring plan,” said a spokesperson for British Asians.
A CBK statement signed by then-Deputy Governor Wanjohi Murithi said it was keenly monitoring affairs of the mother bank and would go to lengths to protect Kenyan depositors.
“In this respect, the CBK has sought and obtained the assurance of the branch’s management that the interests of depositors are not put at risk by the difficulties facing the parent company and that the bank will meet any withdrawal instructions by depositors in the normal course of business,” said Mr Murithi.
CBK added that it had maintained surveillance of the local branch and was satisfied with its solvency and liquidity.
This was meant to stop Kenyans from making panic withdrawals.
For instance, armed policemen would be deployed at the bank’s Nairobi branch on Koinange Street after the bank had announced it would shut its Kenyan operations.
In Britain, thousands of businesses owned by British Asians were on the verge of financial ruin following the closure of BCCI.
Their firms held almost half of the 120,000 bank accounts registered with BCCI in Britain. 
The African Development Bank was also not spared from this mess, with the bulk of its funds deposited and BCCI and stood to lose every coin.
Criminal culture
In Britain, local authorities from Scotland to the Channel Islands are said to have lost over £100 million (Sh15.2 billion in today’s exchange rate).
The biggest puzzle remained how BCCI was allowed by BoE and other monetary regulation authorities globally to reach such levels of fraudulence.
This was despite the bank being under tight watch owing to the conviction of some of its executives on narcotics laundering charges in the US.
Coast politician, the late Shariff Nassir, would claim that five primary schools in Mombasa lost nearly Sh1 million and appealed to then Education Minister George Saitoti to help recover the savings. Then BoE Governor Robin Leigh-Pemberton condemned it as so deeply immersed in fraud that rescue or recovery – at least in Britain – was out of the question.
“The culture of the bank is criminal,” he said. The bank was revealed to have targeted the Third World and had created several “institutional devices” to promote its operations in developing countries.
These included the Third World Foundation for Social and Economic Studies, a British-registered charity.
“It allowed it to cultivate high-level contacts among international statesmen,” reported The Observer, a British newspaper.
BCCI also arranged an annual Third World lecture and a Third World prize endowment fund of about $10 million (Sh1 billion in today’s exchange rate).
Winners of the annual prize had included Nelson Mandela (1985), sir Bob Geldof (1986) and Archbishop Desmond Tutu (1989).
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Monitor water pumps remotely via your phone

Tracking and monitoring motor vehicles is not new to Kenyans. Competition to install affordable tracking devices is fierce but essential for fleet managers who receive reports online and track vehicles from the comfort of their desk.

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Agricultural Development Corporation Chief Accountant Gerald Karuga on the Spot Over Fraud –

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Gerald Karuga, the acting chief accountant at the Agricultural Development Corporation (ADC), is on the spot over fraud in land dealings.

ADC was established in 1965 through an Act of Parliament Cap 346 to facilitate the land transfer programme from European settlers to locals after Kenya gained independence.

Karuga is under fire for allegedly aiding a former powerful permanent secretary in the KANU era Benjamin Kipkulei to deprive ADC beneficiaries of their land in Naivasha.

Kahawa Tungu understands that the aggrieved parties continue to protest the injustice and are now asking the Ethics and Anti-corruption Commission (EACC) and the Directorate of Criminal Investigations (DCI) to probe Karuga.

A source who spoke to Weekly Citizen publication revealed that Managing Director Mohammed Dulle is also involved in the mess at ADC.

Read: Ministry of Agriculture Apologizes After Sending Out Tweets Portraying the President in bad light

Dulle is accused of sidelining a section of staffers in the parastatal.

The sources at ADC intimated that Karuga has been placed strategically at ADC to safeguard interests of many people who acquired the corporations’ land as “donations” from former President Daniel Arap Moi.

Despite working at ADC for many years Karuga has never been transferred, a trend that has raised eyebrows.

“Karuga has worked here for more than 30 years and unlike other senior officers in other parastatals who are transferred after promotion or moved to different ministries, for him, he has stuck here for all these years and we highly suspect that he is aiding people who were dished out with big chunks of land belonging to the corporation in different parts of the country,” said the source.

In the case of Karuga safeguarding Kipkulei’s interests, workers at the parastatals and the victims who claim to have lost their land in Naivasha revealed that during the Moi regime some senior officials used dubious means to register people as beneficiaries of land without their knowledge and later on colluded with rogue land officials at the Ministry of Lands to acquire title deeds in their names instead of those of the benefactors.

Read Also: Galana Kulalu Irrigation Scheme To Undergo Viability Test Before Being Privatised

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“We have information that Karuga has benefitted much from Kipkulei through helping him and this can be proved by the fact that since the matter of the Naivasha land began, he has been seen changing and buying high-end vehicles that many people of his rank in government can’t afford to buy or maintain,” the source added.

“He is even building a big apartment for rent in Ruiru town.”

The wealthy officer is valued at over Sh1.5 billion in prime properties and real estate.

Last month, more than 100 squatters caused scenes in Naivasha after raiding a private firm owned by Kipkulei.

The squatters, who claimed to have lived on the land for more than 40 years, were protesting take over of the land by a private developer who had allegedly bought the land from the former PS.

They pulled down a three-kilometre fence that the private developed had erected.

The squatters claimed that the former PS had not informed them that he had sold the land and that the developer was spraying harmful chemicals on the grass affecting their livestock and homes built on a section of the land.

Read Also: DP Ruto Wants NCPB And Other Agricultural Bodies Merged For Efficiency

Naivasha Deputy County Commissioner Kisilu Mutua later issued a statement warning the squatters against encroaching on Kipkuleir’s land.

“They are illegally invading private land. We shall not allow the rule of the jungle to take root,” warned Mutua.

Meanwhile, a parliamentary committee recently demanded to know identities of 10 faceless people who grabbed 30,350 acres of land belonging to the parastatal, exposing the rot at the corporation.

ADC Chairman Nick Salat, who doubles up as the KANU party Secretary-General, denied knowledge of the individuals and has asked DCI to probe the matter.

Email your news TIPS to [email protected] or WhatsApp +254708677607. You can also find us on Telegram through www.t.me/kahawatungu

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William Ruto eyes Raila Odinga Nyanza backyard

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Deputy President William Ruto will next month take his ‘hustler nation’ campaigns to his main rival, ODM leader Raila Odinga’s Nyanza backyard, in an escalation of the 2022 General Election competition.

Acrimonious fall-out

Development agenda

Won’t bear fruit

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