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List of Kenyan MPs who are refusing to pay taxes

Posted by on 28th June 2011

Categories: Expose MP Participation Vox Pop

Dear Wazalendos,

We have put together a list capturing the names of MPs who are refusing to pay taxes and where possible their public statements, this is for posterity reasons…since we know how kigeugeu our politicians can be.

Please help us build the list by adding a comment below or emailing us info-at-mzalendo.com

What’s Happening at Kenya’s Borders?

Posted by on 14th May 2011

Categories: Expose Ministries MP Participation News

By Mzalendo Contributor – Moreen Majiwa (@mmajiwa)

There’s a saying that goes ‘good fences make good neighbours’. If the saying is true what do goings on at Kenya’s borders and borderlands say about the quality of our fences and neighbours they make?

On Tuesday this week protestors marched to parliament after more than 40 people from the Turkana community were killed and another 100 injured in attacks by Ethiopian militia. The massacre as, people have referred to the attack, took place in the town of Todonyang in Northern Kenya border with Ethiopia on the 2nd of this month.

The protestors demanded urgent and expeditious deployment of the army to Turkana, to safeguard the security of local residents from recurring attacks by Ethiopian, Ugandan and South Sudanese militia.  The incursion in Turkana is the latest what seems to be an increasing number of the incursions into Kenya by foreign troops, bandits or armed militia. In the last 20 months there have been no less then 10 incursions into Kenyan borders by foreign forces.

Currently:

  • The Ugandan Armed forces still occupy Migingo Island and last week they extended their occupation to Ugingo Island also on the Kenyan side of lake Victoria, the government is yet to respond to the latest incursion either diplomatically or otherwise.
  • In the last two years there have also been repeated reports about attacks by Uganda Peoples Defence Forces (UPDF) in parts of Pokot, particularly in Kacheliba and raids by Ugandan security forces in Sigulu in Budalang’i.In 2010 Somali militia linked to the terrorist group Al Shaabab made six incursions into Kenyan territory.
  • This year there have been incursions by Somali militia in the North Eastern Towns of Liboi, Moyale and Mandera. Earlier in the year MPs from North Eastern Province Aden Adualle (Dijui’s), MP Mohamed Hussein Ali (Mandera East) and Mohamed Affey (nominated) demanded the government act on the growing incursions in the North Eastern Region.

This week the Ministries of Internal Security, Foreign Affairs and the Ministry of State of Defence came under fire for failure to protect the borders. Saboti Member of Parliament Eugene Wamalmwa moved a motion for the House to set aside regular business to discuss the attacks as an issue of national importance. Several parliamentarians made strong remarks in support of the motion.

In putting the motion Saboti member of parliament declared parliamentarians were reminding the Government of its cardinal duty to protect the citizens of the country stating ‘Kenyans are beginning to ask: Really, are we in Kenya? Are we citizens of this country? Are we entitled to the protection of the Constitution of Kenya or should we be subjects of Uganda or Ethiopia?’

MP Nicholas Gumbo also criticized the government over its indifference over state of security at the borders stating that the ‘political leadership in this country that does not seem to care about our territorial integrity. We have 40 million Kenyans to protect. We must decide whether we are going to continue to allow our country to be a play-ground for all forms of militias, ragtag armies and formal armies in the neighbourhood.’ MP Martha Karua raised the issue of the 5 billion shillings in the recently passed supplementary budget for enhanced security and whether or not the additional funds are being used effectively to prevent incursions.

No doubt the issue of security particularly for a country like Kenya, which is surrounded by unstable neighbours, is an issue more complex than just making better fences or guarding the fences that we have better. Would there be fewer incursions if the borders were better policed? No doubt the people at the borders would like to see.

*It is worth noting that Professor George Saitoti jointly heads the Ministries of Foreign Affairs and Internal Security, after MP Moses Wetangula was suspended from his position as minister of Foreign Affairs. Questions should be asked whether it is possible for one minister to effectively run these two immensely huge and important dockets simultaneously, and what the implications of this are on both security and diplomacy?

Full Ngilu (Ministry of Water Report)

Posted by on 2nd March 2011

Categories: Corruption Expose Uncategorized

The allegations of corruption against Minister of Water, Charity Ngilu, have been pouring in since late last year when her former Assistant Minister, Kiunjuri, presented a dossier with corruption allegations to KACC  In addition to the pending allegations currently under investigation by KACC and parliament, just last week, her Ministry was accused of embezzling Kshs 57 million belonging to the Kazi kwa Vijana program.   And the Minister appears to have been behind efforts to force out the Nairobi Water MD because he refused to endorse dodgy procurement contracts.

Although she has been offered several opportunities to defend herself in parliament and before KACC, she has so far ignored them.  Instead she has chosen to argue that the allegations are the work of several individuals who are out to “fix her.”

Conspiracy theories aside, the mounting evidence is damning.

We have been able to obtain a full copy of the infamous Kiunjuri report and are sharing it here in the public interest and because it’s yet another example of just how brazen our politicians are about pilfering taxpayers’ money.

Full report is available here (PDF, 1.4MB)

Some highlights:

  • Inflated prices of goods – sandpaper bought at Kshs 220 instead of Kshs 10
  • Cost-overruns on dam construction without requisite work to justify
  • Conflict of interest with companies getting tenders for dam construction

We are doing our part to keep our eye on our politicians, and so should you!

Email cases of corruption in your constituency (or good performance) to info-at-mzalendo-dot-com

A key component of citizenship is making sure we engage and do more than just complain – let our MPs know that we are watching.

TARDA Scandal / Audit Report – Anyone Care?

Posted by on 24th January 2011

Categories: Expose

An audit of operations at the Tana River Development Authority (TARDA), which was leaked several months ago, has revealed a number of questions in the operations of the body and its use of public funds.

The detailed report, originally obtained from here can be downloaded here (307 KB PDF).  The report is nothing less than a detailed manual on how to fleece a government parastatal – from  ghost workers, to work done Kshs 45 million but no contract, to unnecessary pesticides, allocation of Kshs 35 million to plant rice that wasn’t planted (but money spent), and payment of domestic works for (5 each) for the MD and Deputy MD.

We find it curious that months later, there has been scant media reporting about the scandal and little or no government reaction to the report…especially in light of recent reports that Kenya is about to face yet another drought.  To make matters  worse the current MD had been previously fired for stealing from the Ministry of Foreign Affairs is on no one’s radar.  Wouldn’t it be great to have a day of news that doesn’t focus on the newest political (read tribal) alliance, but instead focuses on how the government is fleecing taxpayers?

To give credit where credit is due, at least several Member of Parliament have raised the issue of TARDA’s mismanagement in Parliament – including the selection process of the current MD.   However, the Minister’s Response is insulting to say the least..read on.

APPOINTMENT OF TARDA MANAGING DIRECTOR (from Hansard 23rd July 2009)

Mr. Linturi: Mr. Temporary Deputy Speaker, Sir, I beg to ask the Minister for Regional Development Authorities the following Question by Private Notice.

(a) What is the name, qualifications as well as the procedure the Minister used in the
recruitment of the current Managing Director of Tana and Athi Rivers Development Authority (TARDA)?
(b) Was due diligence carried out in establishing his qualifications and suitability for the job and was the appointment in conformity with the Government regulations or guidelines regarding the appointment of such officers?
(c) Could the Minister confirm that the Managing Director is the subject of corruption
related investigations arising from his conduct during his tenure in the diplomatic service?
Mr. Temporary Deputy Speaker, Sir, I have not received a written answer from the
Minister.

The Minister for Regional Development Authorities (Mr. Gumo): Hapana uliza
maswali mengi hapa!
Mr. Temporary Deputy Speaker, Sir, I beg to reply.


(a) The name of the current Managing Director of TARDA is Mr. Francis Musumba
Agoya. He is a Bachelor of Commerce Degree holder. The procedure that was used in the
recruitment of the Managing Director was as follows:-
(i) The Board of TARDA advertised the vacant position in both the Daily Nation and The
Standard newspapers on 3rd February, 2009. A human resource consultant, M/s Manpower Services Limited, was appointed to assist the Board in the recruitment process. A sub-committee comprising of a number of Board members, including the Chairman, was appointed to work with the human resource consultant in carrying out the recruitment process. Following the advertisement, 94 applications were received. The consultant shortlisted 11 candidates for further interview. The sub-committee, with the assistance of the human resource consultant, interviewed the 11 shortlisted candidates on 23rd March, 2009 and shortlisted the under-listed three suitable candidates , whose names were forwarded to my office by the Chairman of TARDA on 2nd April, 2009 for consideration.
In exercise of the powers conferred to me under Section 10(i) of the Tana and Athi Rivers
Development Act, Cap.443, and in my capacity as the Minister for Regional Development
Authorities, I appointed Mr. Francis Musumba Agoya to be the Managing Director of TARDA for a period of three years with effect from 24th June, 2009. As required by the law, the appointment was published in the Kenya Gazette Volume CX1, No.62 of 17th July, 2009. Giving due regard of that recruitment procedure, the appointment was in conformity with the existing Government regulations and guidelines.
(b) I believe that TARDA and the consultant were duly satisfied with the qualifications
and the suitability of the three candidates that they had recommended to my office for
consideration for appointment to the post.
(c) I am not aware and, hence, cannot confirm that the Managing Director is subject to
corruption related investigations arising from his alleged commissions during his tenure in the diplomatic service.

Mr. Linturi: Mr. Temporary Deputy Speaker, Sir, I beg the indulgence of the Chair to
enable me to take the Minister through what is happening within his Ministry. There are issues or
matters that he may not be aware of or if he is, then he may be very ignorant of some of the
regulations that are supposed to be observed in the appointment of parastatal heads.
I want to bring to his attention a circular from Amb. Muthaura regarding the procedure.
Paragraph 2 reads:-
“The CVs of all persons to be appointed to these offices must be sent to the Office of the
President for vetting in order that the people who are appointed do not have bad records which in
future may be used to embarrass the Government.”
I am saying that because Mr. Agoya was dismissed from the Civil Service vide a letter
dated 27th August, 1997, for theft. When he was working at the Kenya Embassy in France, he
stole French Francs 246,000 from the Embassy. The Ministry of Foreign Affairs dispatched a
team of detectives headed by Chief Inspector Chege Gathogo by whose recommendations, Mr.
Agoya was sent back to Kenya for prosecution, which has never been done to date. Lastly—
The Temporary Deputy Speaker (Mr. Ethuro): What is your question, hon. Linturi?
Mr. Linturi: Mr. Temporary Deputy Speaker, Sir, could the Minister tell us why due
diligence was not conducted to establish the character and the integrity of that particular person
by the name Agoya? In the list of the three shortlisted candidates, there were candidates who
even scored higher marks than Mr. Agoya as presented to the Minister by the Board of
Management. Why was there no due diligence?

Mr. Gumo: Mr. Temporary Deputy Speaker, Sir, first, the TARDA Act empowers the
Minister for Regional Development, who is me, to appoint a Managing Director even without any advertisement. Therefore, any regulations that the hon. Member has quoted are not in the law. Secondly, I do not have to advertise. I can even appoint you tomorrow because the law is very clear here.
Thirdly, what the hon. Member has said is not true. What happened in the Ministry of Foreign Affairs at that time happened before Mr. Agoya was appointed. I have the report which I can give to the House. Therefore, those events are only being connected because the person they wanted was not appointed. When I am given three names, it is not my responsibility to go round looking at how many marks each one of them scored. It is not a classroom. They are not supposed to give marks. They are supposed to recommend three names and the Minister is supposed to appoint one out of the three candidates. That is what the law says.

Mr. Linturi: On a point of order, Mr. Temporary Deputy Speaker, Sir. I find the Minister
quite out of order. He is misleading this House. The report which I am about to table before this
House was initiated by the Ministry of Foreign Affairs and was conducted by the Criminal
Investigations Department (CID). They recommended that Mr. Agoya should be charged with
fraud contrary to Section 331 of the Penal Code. Is the Minister trying to say that because he has the power, he can even appoint thieves or thugs to head parastatals?

Mr. Gumo: Mr. Temporary Deputy Speaker, Sir, these are things that happened 20 years
ago. If the hon. Member was aware of this—- Since I was given the three names, I stayed with the information in my office for three months from March up to the other day. There was no complaint or report or anything until the day Mr. Agoya was appointed. That is when they cam up with these reports which are not true. All these reports are not true. These things have been made in the streets and brought here.

The Temporary Deputy Speaker (Mr. Ethuro): Order, Mr. Minister! These are reports
which have been produced in the House. The House is not the streets.
Mr. C. Kilonzo: Mr. Temporary Deputy Speaker, Sir, it appears as if this is a country for
the rich. If you look at the current advertisement for NYS recruitment, you will see that one of
the things they are asking from that common man who wants to join the institution is a certificate
of good conduct. There is a letter here dated 25th May, 2005, from the Director of CID asking
why this man has not yet been prosecuted. It appears as if this man is well-connected. He can
steal and not get prosecuted. The reason why he was dismissed is because he had a bad character.
He was a given a job and went away. He was dismissed according to the letter here dated 27th
August, 1997, on account of desertion of duty. What we are asking is very simple: Does this
Government not have some code of conduct or a guideline on ethics? How can we go on picking
someone who is supposed to be prosecuted and yet he does not get prosecuted since he is well-
connected? Is the Minister suggesting that every hon. Member should bring one thief so that he
can recruit them?

(Mr. C. Kilonzo laid the documents on the Table)

Mr. Gumo: Mr. Temporary Deputy Speaker, Sir, I am not aware of the documents that
they are referring to. Lay them on the Table so that we can look at them. I am not aware. If there was any complaint, they should have written a letter with regard to the issue earlier to my office or complained to the Board. Why did they have to wait until the appointment was done and the name gazetted so as to bring the issue here? I am not aware of all these documents. Let me look at them.