NEP RESIDENTS "SCARED" ABOUT MILITARY MOVEMENT

Scores of Mandera residents in North Eastern province of kenya are fleeing the area as the Kenyan army units beefs up its presence in the troubled district bordering Somalia. They are seeking refuge in neighbouring Wajir Town. The worst affected are civil servants and aid workers. A spot-check by the Nation showed that the few lodges in the town were overbooked by the fleeing families.

The soldiers were deployed with armoured personnel carriers, tanks, anti-aircraft missiles and other heavy military weapons at the weekend. The army was seen moving through Wajir Town, and residents were hardly to be found watching the operation. Witnesses said the army was now based in Elwak Town, monitoring lawlessness in the border area. The deployment came a few days after Somali gunmen abducted two Italian nuns. The military reinforcement is likely to result in war between Kenya and Islamist fighters, who previously accused the Kenya Government of helping the interim Somalia government. Al-Shabaab, an Islamist guerilla outfit with a strong base in neighbouring Gedo region, recently said it would wage war against Kenya for training Somalia’s police as they are opposed to any form of assistance to their enemy. The military operation, which the Government had scaled down after sharp criticism, is now said to be continuing with alleged harassment. When contacted, the Department of Defence spokesman Bogita Ongeri said the military has always been on the border and had moved to Elwak following incursions by the Somali militia last week.

“We have been there and moved to Elwak following the attack. We are within the Kenyan territory to safeguard our border. We are taking normal patrol along the border to avoid another situation like that,” he said.

Two herders allegedly harmed by the Kenyan soldiers over the weekend are admitted to Elwak District Hospital. Tension is still high in Elwak. With the heavy army presence, the town now looks like a buffer zone. Elwak is in Mandera Central constituency and is near the flashpoint of the recent Garre-Murulle clan clashes.

Kenya Red Cross Society (KRCS) said it was working with local leaders to address the needs of those fleeing. Residents said they were moving out of the area for fear of being arrested by the army, who were earlier accused of torture by the locals during a recent operation.

“Nobody can wait a repeat of what happened recently,” said a former councillor, Mr Hassan Mohammed.

The Kenyan army were operational in the hunt of Islamic movement leaders along the Kenya Somalia border during the past years.

PUSH FOR THE NATIONAL RECONCILIATION & FORGIVENESS COMMISSION BUT NOT PRESS CONFERENCES

There is a new problem, oh!!! a new issue in Kenya which seriously need to be addressed.

Kenya, even being a sovereign country has become the new testing ground for customized western democracy for Africa. All Africans are urged to exercise "Kenyan democracy" while much of this democracy is being dictated by Western nations. Since our ill-fated 2007 December General election in which, sorry, more than 1500 kenyans were killed, some western nations who played a great role in stablilizing things here, albeit, after tempers boiled up following the rigged elections and our communities showed hostilities towards each other, are behaving as if they "own" Kenya and can just utter anything on the press conference notswithstanding even National security issues.

Hey guys, give us some break.......

OK, we accept that you helped us kenyans during our time of need but that doesn't mean (that after things cooled down) you can just talk and decide what you want to see in this country. Wishing our country to go a certain direction is totally a different matter and with no obligation but forcing it to go a certain way, I believe is beyond your mandate. You are here as representatives of your various countries, trying to promote bilateral co-operation but not interfering in a country's internal affairs. Ok, We are a country that is surely passing a hard time, that after 45 years of our independence, we still can't feed our own citizens but that doesn't mean we have surrendered in terms of development, we are still roaring to go and we need you for sure, but it is not a chance for you to push us to do things straight by holding impromptu press conference. That, to my believe, is like pushing our people too far. We have problems ranging from Land reforms, enacting a new constitution, reform in national security, immigration, electoral, judiciary, development of marginalized communities and so on but these things can't just be fixed within a day. They will surely take time in Kenya. The western nations can atleast help to accelerate these reforms by organizing inter-governmental co-operation(their part of work if they so wish) in helping us fix where we are weak or even train government teams so that they are geared to implementing those reforms but can't force reforms down under our throat by threatening to cut development aid and so on.

You may have heard what the French Ambassador in Kenya just recently said concerning issues which need to be thoroughly vetted by Kenyans. The Waki report is not an easy report as many think it can be implemented. It can tear our country together again. If you are mentioned there, it means, you or your agent participated in killing 1500 kenyans, looting and raping women.. And these are not easy matters. We have before us other important issues that have not even been addressed upto today like settling the IDP's and before we put much energy into the report, let us consider settling our people first. The report itself has been said can't do much to do anything as Attorney General Amos Wako even said, you can't prosecute anyone with it, anywhere in the world whether it is ICC or the sky. The report itself is a collection of people's rants, mine not included and it was as Minister Ruto said, a collection of hearsays....What people heard like rumours. We are making it a very big issue when we know Kenyans have been living with each other for all those years without problem and as if we don't know why kenyans started fighting each other. The report, to me, must never be implemented. It needs some other directions like national reconciliation commission or forgiveness forums but not the way some people are talking about ICC or withholding development co-operation and sanctions. We don't want that kind of "forced" democracy which can't work in Kenya of the 21st Century where communities are even more closer to each other now more than ever before.

The Waki report details some aspect of the violence that erupted in Kenya after the 2007 election but doesn't talk about much earlier violence and human right abuses including the Wagalla massacre, The Garissa Massacre, Mt Elgon and the Narok skirmishes of the 1990's.

The Waki report was neccesiated and formed after Kenyans who wanted change were angered by the bungled/rigged elections and communities started fighting against each other. Some were fighting personal wars and criminals also mixed up with them until we started seeing the true picture as Kenyans. The waki report itself doesn't indicate who did what, but only collectively says, violence happened and they suspect so and so did this or that.

The French ambassador together with the EU head of delegation, Eric Van der linden were talking like putting Kenyans to act on so many issues including the Kriegler and Waki report with immediate effect. They spoke of issues like withholding development aid and relate the same to the implementation of these reports and other reforms. I believe that, although the western nations are doing a great role in pushing for reforms and their implementation, they are going too far with this. The government, apart from it's role to justly reform must at the same time stop these "everyday" press conferences by anyone that "may" tear the country apart once again. People were tempted to violence by the angry mood that engulfed the country following the elections but not that some people organized the violence. There was a euphoria and people reacted after someone interrupted the wave....What is important, I believe is, to forget about that election, create a joint national reconciliation commission in which Kenyans can unite and forge ahead. We have no time to go back to what happened 10 months ago, start accusing one another and forgeting to look ahead.

Those who want this, I believe, are advising Kenyans to continue witch-hunting, animosity and suspicion among various tribes. If they want the good of Kenya, The western nations, the government and all those who have a stake in Kenya, I mean kenyans must unite to forge ahead by creating a national reconciliation and cohesion committe, move to tackle other important issues affecting us one by one so that our beloved country, Kenya doesn't witness again the violence we saw in January 2007.

In that, we will also be in course to achieve some of our 2030 goals.

KENYA ARMY TO GO AFTER SOMALI MILITIAS

The military is ready to venture into Somalia if the militia, who abducted a Kenyan driver and two Italian nuns, fail to return them. Army Spokesman Bogita Ongeri said they had assembled the necessary equipment and logistics in Elwak and other areas in readiness for action.Mr Ongeri said they were waiting for the outcome of negotiations initiated by local elders to have the three returned safely.

"We are ready to act as at when required. We are giving negotiations a chance before we move to the next level that could be to pursue the militias," addig that they had secured Elwak town and its environs as preparations for a major "exercise". "If we are asked by the commanders to move in, we will do so."

Tension continued to mount in the area as more security personnel were flown there to help in the search for the three. Witnesses said they had seen several military choppers hover in the area. Others said Army vehicles are stationed there. A Somali official had appealed to Kenya to help track them down, when it emerged that the gunmen, who kidnapped the nuns from the border town, were taking them deeper into Somalia.

Tens of security personnel were driven and flown to the area following the Sunday night attack.
The pair and driver were seized in a pre-dawn raid by scores of attackers who stormed the small town, firing wildly and launching a rocket at a police post. They then escaped across the border in hijacked vehicles. Deputy police spokesman Charles Owino said the officers would stay in the area to beef up security and help trace the nuns.

The abducted nuns’ missionary group, the Movimento Contemplativo Missionario Padre de Foucauld, identified them as Ms Caterina Giraudo, 67, and Ms Maria Teresa Olivero, 60. The driver is yet to be identified. The abduction came just days after security personnel scaled down a major operation to seize illegal firearms and Internal Security Minister George Saitoti visited the region. In an interview with The Standard, North Eastern PC Josephat Maingi affirmed the Government’s commitment to secure the release of the nuns.

"The Government has enlisted the support of elders from Elwak to negotiate with their counterparts across the border so as to quickly and safely return the two and the three vehicles stolen by the militiamen during the midnight raid," he said. The PC could not however confirm the exact location and the condition of the hostages.

"The only information we have now indicates that the two nuns and the vehicles are being held at a secret location more the 100kms from the Kenyan border," Maingi said.

He also added that the Government had beefed up security along the border with Somalia so as to deter similar attacks in future.

WHAT IS HOT IN THE TOWN.....

Luo men are said to be the hottest guyz both in the US and in Kenya......Do I say? White women and Black Luos getting the "Yes we can" stuff overboard...namean.. 

US HIGHTENED THREAT ADVISORY NOT GOOD FOR NEP KENYA

Although we had had some clan clashes in North eastern Province and especially In Mandera, The region is quite stable than most of Kenya. Just recently, The US government has alerted and heightened its travel advisory for Kenya, citing security concerns in North Eastern province and areas sorrounding it. The alert from the US State Department, dated November 14, and posted on the Nairobi Embassy’s website, says there is a continuing threat from terrorism and a high rate of violent crime in the country.


“The U.S. Government continues to receive indications of potential terrorist threats aimed at American, Western, and Kenyan interests in Kenya. Terrorist acts could include suicide operations, bombings, kidnappings, attacks on civil aviation, and attacks on maritime vessels in or near Kenyan ports,” it reads in part.

It warns of possible terrorist attacks in Kenya, saying that those responsible for past attacks in Nairobi and Kikambala are still active in the region.

“This replaces the Travel Warning of August 22, 2008, to note increased security concerns in northeast Kenya near the Somali border.” The statement also cites as an example, the recent kidnapping of two Italian nuns from El Wak, by armed Somali militia. “Travel by U.S. Embassy personnel to border areas of Kenya northeast of the town of Wajir has been restricted until further notice,” reads the statement.


As regards violent crime, the US State department is warning Americans against traveling to Kenya saying IDPs, endemic poverty and availability of weapons could result in an increase in petty and violent crime in other parts of the country. “Violent and sometimes fatal criminal attacks, including armed carjackings and home invasions/burglaries, can occur at any time and in any location, particularly in Nairobi. As recently as June 2008, U.S. Embassy personnel were victims of carjackings.”


The statement further says Kenya has a limited capacity to investigate and prosecute robbery suspects pointing at what institution we need to "fix" ie the Judiciary and all the related departments including the Police and so on. The alert say, american citizens in Kenya should be extremely vigilant, particularly in public places frequented by foreigners such as clubs, hotels, resorts, upscale shopping centers, restaurants, and places of worship, the statement warns. “Americans should also remain alert in residential areas, schools, and at outdoor recreational events, and should avoid demonstrations and large crowds.” notwithstanding, Kenya is a country the current US President elect, Barack Obama has roots.


The US has never issued a "serious" threat advisory for North Eastern Kenya and this comes as a suprise given the relative peace enjoyed in Northern Kenya for the past 20 years after decades of clan clashes and state of emergencies. The US base of Djibouti has initiated some counter-terrorism humanitarian assistance in various NEP constituencies which have born fruits and the US people are now treated as good people.


The only threat the US feels to highten the travel advisory is the issue of the porous Kenya Somalia border all the way from Mandera Border Point 1 to Northern Coast province of Kenya around Ijara District which the Kenyan government seems unable to control. Residents of the North Eastern province of kenya lack substantial development in terms of infrastructure, schools, hospitals to classify them as being at par with the rest of Kenyans.The Government of Kenya knows NEP has been left in terms of development and only, in the first Coalition, did the government set the Ministry of Northern Kenya, for the first time, since independence, to look into the matter of North Eastern Kenya. From time to time, nomadic Kenyan Somalis often move their livestock to the interior of Somalia and Ethiopia to find pasture and water, hence the mix with non-kenyans.ie Somalia Somalis + Ethiopian Somalis. This is where the US worry is, as militias from lawless Somalia or Ethiopia who meddle in Kenyan Politics can have the advantage to move to Kenya as the communities living on either sides of the border resemble with each other and criminals can have access to inner Kenya through corruption and other means.

In issuing the threat, North Eastern Province, especially in Wajir, Where US President elect Obama once visited is simple hyprocrisy given the repercussion it would cause residents of the place. Tourists who would have visited our world endagered animals like the "Hirola" species would not come, The region will be seen as unstable, potential companies ready to invest would not come including their own like Coca-Cola and we will lag behind as usual courtesy of the US threat against the region.

The Government of Kenya has insisted on several ocassions said it wants to see a stable Somalia, but it has to pay a bigger role on it's borders, only then, would Kenya gain from the substantial trade and co-operation with Somalia and reduce small arms proliferation in the Horn of Africa. Setting a government in Somalia would surely help Kenya in Trade and security.

The US can help in setting up a government in Somalia devoid of petty petty issues that sorround it's foreign policy thus helping it's interest and helping that of it's patners. Issuing of threats will only increase "the temperature" of an already cooling region.

We are hoping the new US president elect Obama will consider Africa and particularly Horn of Africa a priority.

MOST SEARCHED SOMALI BLOG

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Our blog, Kenyasomalis has become the most searched blog among the Kenya Somalia Blogsphere. This is the blog that gives you news updates from all sources, breaking or features, right for your consumption. You will never miss updates on social, cultural and various news related to our brothers and sisters from Somalia, Somali Ethiopia(Ogadenia), Djibouti and anywhere else Somalis reside.

Thanks for your support and feel at home. Should you seek any information, Kindly do let me know(Editor)

My E-mail: dalahow@gmail.com

KENYA SOMALIA BORDER A "NIGHTMARE" TO GOVERNMENT

Imagine, for the fourth time in the recent past, armed Somali militiamen have crossed into the country, raided police stations and escaped with Kenyan Government weapons and vehicles.

In the last incident, just a week ago, they abducted two nuns who have since not been released.

Intelligence sources suspect that insurgents from the al Qaeda linked Al-Shabaab militia, who are fighting the Ethiopian-backed Somalia Transitional Federal Government and have taken over large parts of the war-torn country, are infiltrating Kenya.The insurgents are said to be suspected to be involved in the inter-clan fighting that has rocked North Eastern province in recent months although not proven that much.

It is for this reason that the military was deployed there to embark on a major weapons mop-up operation. The Kenyan military does not monitor the borders well and many of it's citizens complain of laxity in asserting control there.

In July last year, armed Somali militiamen crossed into Kenya from a remote Mandera outpost, In Northern Kenya, ambushed and abducted two police officers. The Kenyan Government grew weary of efforts to use elders to negotiate for the release of the two officers.Two days later, the officers’ mutilated bodies were found hanging from trees in a hilly area on the Somalia side of the border.Imagine Government police officers.

Then the Kenyan security agents ranted and threatened to cross into Somalia to avenge the officers’ killing, but it remained just that -- a threat.

In another attack later, Somalia militia in three vehicles raided Dedajabulla administration police camp about 20 km from the Kenya-Somalia border, in Garissa District, and rescued two terror suspects who had been arrested by police. The militiamen injured a police officer, stole a police vehicle and three guns after overpowering the security men. The suspected terrorists had been arrested in a Nairobi-bound bus posing as women. They were carrying satellite phones. The daring militiamen rescued their accomplices and drove back to Somalia. The Kenyan authorities began negotiations through elders to get back the vehicles. This was despite the fact that the military and both regular and administration police had been sent to Mandera to act on the aggression.

The militiamen then were suspected to be members of the al Qaeda linked Al -Shabaab group that has taken over control of large areas of Somalia including Gedi region that straddles the Kenya-Somalia border.

On September 7, 2008 the militiamen again raided Alungu administration police camp, in Mandera, killed two police officers and three civilians and stole four G3 rifles and over 200 rounds of ammunition. Last week’s attack on Elwak by the same group is causing concern within the intelligence and security services. Besides abducting the two nuns from the Elwak Catholic parish, the militiamen also robbed the local resident magistrate of his computer lap top, wristwatch and money. They also robbed two policemen of their jungle uniform and hijacked three government vehicles parked at the police station.

Until last week, security officers in Mandera had recovered six mortar bombs and 186 guns including 14 Bren machine guns, 82 Carbines, 42 G3 rifles, 22 AK-47 assault rifles, 11 Mark IV rifles, nine M16 rifles, six FN guns, two automax rifles and a hand grenade. It is said, All the weapons were sneaked into the country through the porous border by Somali militiamen from Gedo region who are asserting themselves in the area.

Sources privy to a joint police military operation in Mandera following the inter- clan fighting in which 21 people were reportedly killed said that the operation was sanctioned following intelligence reports about the involvement of Al-Shabaab fighters in the attacks.

The US Central Intelligence Agency director Michael Hayden on Friday said that al Qaeda was working on revitalising its operations in Somalia. The US runs some counter intelligence humanitarian assistance in Mandera East and thus is privy to some sources.

He said that although al Qaeda leader Osama Bin Laden is currently isolated from the day-to-day operations of the organisation, and that the CIA had curbed their activities in Phillippines, Indonesia, Saudi Arabi and Iraq, the group was showing increased activity in areas like Somalia.

This is evidenced by the recent takeover of towns in Central Somalia and coastal towns of Kismayu, Merca and regions on the Kenya-Somalia border.

Security expert Captain (rtd) Simiyu Werunga says that such acts of aggression, whether internal or external, if not dealt with are likely to encourage the attackers to continue killing with impunity. “It is not the first time these Somali militiamen are crossing into Kenya to kill and steal with impunity. If the attackers are collaborating with Al-Shabaab insurgents, then it is imperative that Kenyan security agents should deal with the situation assertively and protect Kenyans,” Captain Werunga says.

He says that the government should display a show of might to deter the attackers.

Captain Werunga says that once the attackers are pacified, the government should then beef up security in the area and maintain its presence there. The security agents should not be deterred by cries of human rights violations because the country’s security is paramount, he says.

The recent military operation in Mandera was condemned for its alleged brutality and torture of civilians but it served to stop the inter-clan killings.

What the country’s intelligence and security networks are not telling Kenyans is whether we are faced with a larger terrorist threat or even a severe attack from another country especially with the recovery in Mandera last week of six mortar bombs,186 firearms and 1,885 rounds of assorted ammunition.Only recently, a man was arrested as he transported 600 electronic detonators from Nairobi to Mandera.

Kenya's North Eastern province has been peaceful for the past 20 years after a nearly 4 decades of state emergencies after the Shifta War between Kenya and Somalis who wanted to join Greater Somalia. The Kenyan Government has severally been accused of abandoning the entire region as if not of Kenya. The infrastructure, The Schools, The Government programs says it all.

KENYA SAYS NUNS HELD IN NORTHERN SOMALIA AND ARE SAFE

A Kenyan driver and two Italian nuns abducted by Somali militants on Sunday are safe, the Government has said.

Spokesman Dr Alfred Mutua said they have established the trio was abducted by Al Shabab Militants from their Elwak home.“They are being held in Somaliland(Northern Somalia),” he said adding that the government had put in place measures to ensure their safe release. There was however little progress reported according to the police.

Deputy Police Spokesman Charles Owino told reporters that there were no fresh leads but expressed optimism the kidnappers would be tracked down. “We have nothing to report at the moment. The search for the nuns is going on but they have not been traced. Officers are still on the ground searching for them,” he told Capital News on telephone.

Mr Owino said officers deployed to rescue the three were still combing the Somalia border where security has been intensified.He could not confirm reports that the team conducting the search planned to cross over the border into Somalia.“I am not able to confirm that, let it be known that we are on the ground and that everything is being done to find them,” he asserted.

A senior police officer in El Wak however, confided that the security forces were planning to cross over the border to search for the nuns. “It is one of the alternatives that is being considered. Our officers are also talking to elders in that country (Somalia) to try getting the nuns and the vehicles that were stolen returned,” the source said.

The nuns who were working with a missionary group providing health care in El-Wak were abducted in the early hours of Monday when 60 men stormed the town.They are reported to have hurled a grenade and sprayed bullets at a police station in the town before they kidnapped away the nuns from a Roman Catholic Church.The nuns have since been identified as Caterina Giraudo, 67 and Maria Teresa Olivero, 60.

The Chief of Vatican Spokesman, Rev Federico Lombardi on Tuesday said that Pope Benedict was aware of the incident and was praying for them. No immediate comment was forthcoming from the Italian Embassy in Nairobi.When Capital News telephoned the Embassy on Thursday, an official said the Ambassador was not willing to discuss the matter.“We do not wish to talk about that matter at this point, perhaps much later. Thank you,” she said.

KENYA RED CROSS SEEKING KSH.600 MILLIONS FOR FLOODS

The Kenya Red Cross Society is seeking close to Sh600 million to assist an estimated 300,000 people affected by floods and landslides in the country. KRC Secretary General Abbas Gullet who launched the appeal on Thursday said the funds would provide assistance to affected families for the next three months. 

“We have the capacity at this level for material and human resource to address the needs of up to 180,000 people but we need finances for vehicles and other logistics means,” Mr Gullet said, adding that the International Committee of the Red Cross had already promised Sh12 million for the crisis.

Mr Gullet said the Society was providing health and sanitation and other non-food items while the government had committed to help those affected with food items. “There is total co-ordination with the government, United Nations agencies and other international non governmental organisation. Together we have set a disaster committee and we held a meeting yesterday here at our offices. We are going to have another one at the President’s office on Friday,” Mr Gullet said.

In his weekly briefing government spokesman Alfred Mutua assured that none of those affected by the crisis would go hungry. “If we can use helicopters to airlift exam papers we can also airlift food. We really take seriously the issue of feeding our people,” he said. 

The onset of short rains late last month brought tragedy with tens of people losing their lives. At least 50,000 are estimated to have been displaced from their homes by the crisis and are now living in the cold. Preliminary information from the Society indicates that the situation is worse in North Eastern Province and Budalangi in Western Kenya.

Mandera district which has been in the spotlight for the better part of the year following tribal clashes that have claimed 24 lives has also been hit by famine and Mr Gullet confirmed that it had been receiving food aid for the last three years. In Wajir town there is worry of an outbreak of waterborne diseases. “The water system in the town has been contaminated with human waste and with this we have a serious potential for the diseases,” he explained. He said that a Water treatment plant had been sent to the town to cater for the residents.

Parts of Eastern province, North Rift and Muranga have also been affected the rains. 

KCPE EXAMINATIONS IN NORTH EASTERN PROVINCE DISRUPTED

Students in North Eastern Province were the most affected by short rains that coincided with the national examinations that started last week. The Wajir-Garissa road became impassable for several days and scores of candidates in this year’s KCPE were either cut off from their examination centres by flash floods or have been swept away and killed before sitting the examination. Roads and bridges nearly collapsed due to floods as many families moved to higher grounds. 

Residents in flood prone areas have appealed to the Government to review the national examinations calendar and streamline the methods they use for people affected during examination periods. The short rains in the months of October and November normally coincide with KCPE and KCSE examinations.

"Hundreds of people including pupils and mothers are stuck along the Wajir-Garissa road for nearly a week now due to impassable roads," Mrs Oray Adan, the chairperson, Maendelo ya Wanawake, Wajir Branch said.

In remote villages, students and pupils are forced to cross at least a stream or a river, which at this time of the year are usually flooded.

Teachers also say it is common for examination papers to arrive late in far flung schools, forcing candidates to sit up to late at night.

But the North Eastern Provincial Education office says the Government provides four-wheel drive vehicles and even helicopters in some instances to distribute examination papers. At an education day in Wajir on Wednesday, leaders, teachers, parents and students called on Education PS Karega Mutahi to consider their appeal.

"We hope one day the Government will review the calendar, since some aspirations are being shuttered by the vagaries of weather," said Ahmed Hassan, a Knut official.

GOVERNMENT SURVEYORS SENT TO CLARIFY MANDERA EAST, CENTRAL BORDERS

Even as the government claims to have put everything in Mandera under control, albeit by force, without elaborating if the various rival clans, Murule and Garre will adhere to the 2005 peace plan, it has started sending out surveyors to clearly clarify the borders of the two constituencies. 

In the 25th April, 2005 peace agreement signed after the culimation of a serious elders negotiation, between the Murule and Garre clans, it was agreed the borders be spelt out and that there will be payment in the form of a compensation for the loss of life and property. They agreed that clans must live in harmony and in the spirit of neigbourliness. At that time, The Murulles paid an equivalent of US$ 300,000/= (at current Kenya Shilling rate against the Dollar) to the Garres over the killings in Elgolicha where 23 people died. But now, even after killing some Murulles, the Garre clan is reluctant to pay them citing superiority in matters Mandera. For the past 1-3 yrs after that agreement, several Murulles were killed and issues kept going out of hand. The Government was also not really into the matter until recently when things went out of hand.

The 2005 Mandera agreements were based on traditional bylaws to regulate use of natural resources in the area and creation of a response structure to manage the day to day crises. The processes undertaken by PeaceDirect after their succesful implementation fo the same in the neighbouring Wajir District also helped create a shared strategy, approach and coordination which would mitigate future conflicts.

The Police claim the "Operation Mandera" as it is now called has been succesful. They claim to have arrested 165 foreign militias and six local chiefs believed to have played a role in the inter-clan skirmishes in Mandera notswithstanding the inhuman way the operation was done. They also mentioned that 21 people, including three security officers, have been killed in the violence since July.

Internal Security Assistant Minister Orwa Ojodeh told the parliament that 6 militias arrested in Mandera Central areas of Wargudud, Elwak have been jailed for six months for aiding the two clans to fight each other over control of a borehole.

Mr Fred Kapondi (Mt Elgon, ODM) and Mr Abdi Nassir (Bura) asked why it had taken the Government long to act and what role intelligence officers played while at the sametime, Nominated MPs Millie Odhiambo, Mohamed Affey and Amina Abdalla alleged that the Government took long to contain the situation, that was deteroriating day in day out, as clans sorted out their matter in guns but Ojdodeh defended that, it is now in history books..

"The Government is in control, had we not moved swiftly, we would have had more casualties."

The Kenya National Commission on Human Rights has compiled a report implicating the military in rape and torture of residents and Ojodeh concurred that those are allegations and that his ministry had formed a committee to investigate such claims.

Ojodeh told parliament that Government surveyors had been sent to the district to determine the boundaries of Mandera Central and Mandera East. "Senior Government officers are engaged in peace efforts," Ojodeh added. But he was categorical that the security operation would not be withdrawn until tension eased. In the mind of many kenyans, government surveyors are sometime corrupt and they can end making inconclsuive evidence to show the truth. That is why, we are saying, They have a duty to make sure even if they refer to the Kenya National Archives to sort out the matter once and for all, they have to be accurate to reduce the tension between those communities. All land demarcations in Mandera and subsequent borders between these two communities are spelt out in history books.

It will be embarrasing to the government and to us, if the surveyors to come up with half truths on the matter in Mandera even as clans complain of human right abuses there.

It should however be noted that, Mandera Central was carved out of Mandera East by the KANU administration of President Moi in 1988.

THE QUESTION IS: WHO "INVITED" THE MILITARY OPERATION IN MANDERA

The military was deployed in Mandera to end fighting after the two major clans in the area failed to observe a peace accord, Parliament heard. Internal Security assistant minister Orwa Ojodeh said the Government had to intervene given the involvement of foreign militias and death of 21 people. This was because there is a simmering row between Garres and Murulles over the Mandera East border points, he says


Even as the parliament heard that 175 foreign militiamen had been arrested and arraigned in local courts, with some having been sentenced to six months in jail each and several weapons and ammunition, as well as communication equipment recovered in the process, questions still linger as to who brought or invited the security agencies to Mandera. Some say, it was because, the 2005 peace plan between Garre and Murule was not adhered to.

The operation had also led to the arrest of six chiefs who were believed to have organised entry of the militiamen from neighbouring Somalia and Ethiopia and supported their activities, he said.

“They were instrumental in providing food and shelter to the militia,” he said.

The Government also deployed a team of surveyors to determine the exact boundary of the two districts. Mr Ojodeh, who issued a ministerial statement sought by ODM-Kenya nominated MP Mohammed Affey, described the Government operation as a success.

But Mr Affey differed, saying the operation was a total failure as the Government had not managed to contain the situation. He questioned why security forces did not stop the entry of militia into the country.

He claimed Kenyan forces had brutally assaulted locals and raped women. Two chiefs, he said, were physically assaulted and are admitted at Kenyatta National Hospital while a 16-year-old is admitted at Nairobi Hospital. He asked the Government to apologise to the locals for the atrocities committed by the security forces.

“It must apologise for the excesses of the security forces and find it necessary to set up an inquiry to look into the same,” he said.

Mr Abdi Nuh (Bura, ODM-Kenya) said the Government took over four months to send a team of surveyors, noting that an earlier response would have averted the conflict. But Mr Ojodeh put up a strong defence for the Government, saying it was in full control. Instead, he accused Mr Affey of snubbing meetings convened by the Government for local leaders to address the conflict.

“There would have been more atrocities had we not moved fast to contain the situation,” he said.
“Mr Affey never attended meetings attended by other Northern Kenya MPs on this issue,” he added.


The assistant minister said the Government was forced to mount security operation in the affected areas from October 25 with the aim of restoring law and order. Despite the measures, militia believed to be from the Islamic Court Union on Monday attacked Elwak Catholic Mission in the area and abducted two nuns and made away with three vehicles.


Calm is slowly returning to Mandera town after the government scaled down the military operation to mop up illegal weapons. The operation has been criticised by a cross section of residents, religious leaders, human rights and civil society groups. Hundreds of villagers who had fled into Ethiopia and Somalia are returning home. Police said they had arrested 155 foreign militias, and recovered 130 rifles, six bombs, 620 detonators and 1050 bullets from suspects.


In another similar story, Warring communities in Tana River Delta District have been ordered to surrender illegal arms in two weeks or the Government will use force to recover them.

Coast PC Ernest Munyi, who was leading a peace team to the area, told residents to comply with the Government order or “I will send the doctor to you to deal with the problem”. Mr Munyi toured the district on Monday following rising tension between pastoralists and farmers.
He ordered district commissioners, DOs and chiefs to vet all foreigners suspected of importing guns into the area.

Addressing a baraza at Wema trading centre, Mr Munyi regretted that while residents of neighbouring Tana River District had surrendered their guns following an appeal by the Government, no single gun had been handed in from the Tana Delta District.

“I am telling you to hand in your illegal guns to me now. All those holding guns are doing so against the law,” he warned. Area District Commissioner Charles Monari told the meeting that no one had handed in any gun since the order was given two weeks ago. The grace period would expire in two weeks, he said.

“From today, I don’t want to hear a single gunshot from this place. If I hear that a single shot has been fired, I will send the doctor here and you know who the doctor is,” the PC said without elaborating.

In recent months, the Government has used the military to disarm warring communities, with the latest exercise being in Mandera.

Mr Munyi told the Somali pastoralists and Pokomo farmers to live in harmony. Pastoralists should stop taking their animals into farms, he said, and insisted that the communities should cultivate mutual respect.

KENYA SECURITY FORCES PREPARES FOR A SHOWDOWN WITH AL-SHABAAB GROUP OF SOMALIA

The Kenyan government security forces have launched a major security operation in search of two Italian nuns who were kidnapped by Somali militiamen in common frontier on Monday. The government is also blaming the Al-Shabaab Wing of the Supreme Council of Islamic Courts (SCIC) for the incident. The SCIC has been fighting the transitional government of Somalia for nearly two years.


Al Shabaab has previously threatened the Kenyan Government of various form of aggression and possible kidnapping.

Kenya's Internal Security Assistant Minister Orwa Ojode said the government mounted a security operation when the clashes took an international dimension. He says the government has given Al-Shabaab a short notice to surrender the nuns or face an all out war. A senior police said on Tuesday that security forces who were tracking down the militiamen were holding one of the bandits who was arrested on Monday night when the security forces crossed over the border into Somalia.

"The suspect is cooperating well with our officers and we hope to get them (nuns) and the vehicles which were stolen," the officer said.

Kenya Police sources said the gunman had provided investigators with crucial information on the whereabouts of the hostages and their captives who were said to be hiding some seven kilometers from the border. The police officer said they had also received information that the hostages were being held at Garbahaarey, about 175 km northeast of El Wak town after being abducted in Elwak.


Mandera central District Commissioner (DC) Ole Tutui, said the over twenty armed bandits attacked a lodge in Elwak town Sunday night and threw a missile bomb at government quarters but no injuries or deaths were reported during the attack, adding that they took away mobiles phones, unknown value of money and one computer from the locals. He said the gunmen were using heavy machinegun together with a vehicle from where they sprayed the town with bullets. Confirming the attack, area OCPD Akello Odhiambo, said that a security personnel has been dispatched along the Kenya-Somalia border to control the attacks.

Where was the government? Is this why you elect people to go and sleep in Nairobi while their country is under foreign attack?

The Catholic Nuns Maria Teresa Oliviero and Catherina Giruado were seized in a pre-dawn raid on Monday by scores of attackers who stormed the small town of El Wak, firing wildly and launching a rocket at a Kenyan police post before escaping back across the border in hijacked vehicles.

"We are also in talks with elders from the other side (Somalia)and we have been told the hostages are in good health. We are doing everything to have them returned back," the police officer said.


Cross-border raids are common in the remote and arid region, but usually involve cattle rustlers or gangs of robbers preying on business people in both countries and on saturday, the government had indicated that it will deploy more security officers, including the army, along the porous borders of Somalia to prevent foreign militia from crossing into the country and inciting clashes among clans in North Eastern province.

Internal Security minister, Professor George Saitoti, said the security situation in Mandera, where 20 people had been killed due to clashes between two clans, was caused by individuals within the communities arming militia and then seeking support from the neighbouring war torn country.

Professor Saitoti, who was accompanied by Defence minister, Mr. Yussuf Haji, Northern Kenya minister, Mr. Mohamed Elmi, Deputy Speaker, Mr. Farah Maalim and area Members of Parliament, while speaking in a security meeting in Garissa, defended the use of army in the security operation saying no country would allow foreigners to cross into its soil without taking firm action.

He said the situation in Mandera was an old issue and was simmering after a peace agreement brokered in 2005 was ignored by the two clans. He particularly censured Garre(Gharri) clan for ignoring to adhere to the 2005 peace plan, signed in Mandera. He said the government would involve area leaders in seeking solutions to security challenges in the area and appealed to them to assist the government in mopping up small arms and light weapons that cross through the borders and cause strife in the region.

He announced that the government had purchased 300 land rovers for the provincial administration and the police and assured District Commissioners and police in the area that they would receive the vehicles to ease burden of travelling and coordinating security in their areas.

Defence minister, Yussuf Haji, vowed that any army officer implicated in brutality or misconduct during operation in Mandera would face the court martial. He defended use of army saying their work was to ensure foreign militias operating in the country were driven back to their countries. Professor Saitoti said the government would soon do away with radios for security operations and embrace modern tools such as email, fax and satellite phones.

He challenged local leaders to ensure every school going child enrolled for the free education, noting that education was one way of dealing with violence and communal strife. He added that underdevelopment and drought were other issues the government was addressing to deal with security situation in the province.

The Kenyan government has on several ocassions been unable to control the porous border from where several of it's citizens are terrorised. It is a high time the government focuses on these areas and set up security mechanism to maintain the country borders.

LEGAL IMPEDIMENT TO THE DEVELOPMENT OF NEP KENYA

By Lawyer Ahmed Issack Hassan, A former Commisioner at Kenya Review Comittee and now an advocate at Kenya's High Court.

Pic : Official visit made to the NFD by Sir Evelyn Baring, Governor of Kenya, in the 1950s. Photos above and right were taken at Garissa.

Surveying a history of marginalisation and distance from government support, Ahmed Issack Hassan explores the legal and administrative impediments to have plagued the development of the region of Northern Kenya. Citing a litany of human rights abuses and the discrimination faced by inhabitants of the region, the author argues for the need for appropriate and effective legislation and sustained political goodwill from executive and national parliamentary power in the struggle to tackle tyrannical practice.

Kenya's colonial government enacted several laws specifically targeting the north. The Outlying District Ordinance of 1902 effectively declared the Northern Frontier District (NFD - made up of the present-day districts of Wajir, Mandera, Ijara, Garissa, Isiolo, Moyale and Marsabit) a closed area; movement in and out was only possible under a special pass. The Special Districts (Administration) Ordinance of 1934, together with the Stock Theft and Produce Ordinance of 1933, gave the colonial administrators extensive powers of arrest, restraint, detention and seizure of properties of 'hostile tribes.' The latter legalised collective punishment of tribes and clans for the offences of their members. These ordinances applied not only to the NFD but also to present-day Tana River, Lamu, Kajiado and Samburu districts.

The net effect of this early colonial legislation was to turn the NFD into a closed zone that had no contact or relation with other parts of Kenya. Indeed, other Kenyans knew little about it. This situation continued after independence and is best captured by the statement of the American writer, Negley Farson: 'there is one half of Kenya about which the other half knows nothing and seems to care even less [about].'

INDEPENDENCE OF KENYA AND THE NFD

When political activities were legalised in 1960, the people of the NFD formed the Northern Province Peoples Progressive Party (NPPPP), whose main agenda was the secession of the NFD and its reunion with Somalia. At the Kenya Constitutional Conference of 1962 the Secretary of State for the Colonies proposed that an independent commission be appointed to investigate public opinion in the NFD regarding its future. The commission visited every district in the NFD. It heard oral submissions from 134 delegations, received 106 written submissions, and held meetings in Nairobi with the leaders of other political parties. The majority of people in the NFD were found to be in favour of secession.

However, the British government was unwilling to abide by the result of the commission on the grounds that it was not prepared to take a unilateral decision on the future of the territory so close to Kenya's independence. The Regional Boundaries Commission set up in 1962 recommended that the predominantly Somali-occupied districts of Garissa, Wajir and Mandera be constituted into the seventh region, and thus the North Eastern Province was born.

This was seen as a betrayal of the wishes of the people of the NFD in general and the NEP in particular. They boycotted the 1963 elections and the leaders of the NPPPP started what came to be known as the 'shifta' war. Somalia broke off diplomatic relations with Britain and supported the secessionists. Kenya's newly independent government was firm in its stand that it would not cede an inch of territory. Two weeks after independence it declared a state of emergency over the NFD which lasted for close to 30 years.

AMENDMENTS TO THE INDEPENDENCE CONSTITUTION AND EMERGENCY LAWS IN THE NFD

Kenya became independent on 12 December 1963. Section 29 of the independence constitution provided for the procedure to be followed in the event of declaring a state of emergency. However, Section 19 of the Kenya Independence Order in Council (Kenya subsidiary legislation, 1963) provided that the Governor-General:

"may, by regulations which shall be published in the Kenya Gazette, make such provision as appears to him to be necessary or expedient for the purpose of ensuring effective government or in relation to the North Eastern Region and without prejudice to the generality of that power, he may by such regulation make such temporary adaptations, modifications or qualifications or exceptions to the Provisions of the Constitution or of any other Law as appear to him to be necessary."

When Kenya became a republic in 1964, the powers enjoyed by the Governor-General under Section 19 were transferred to the president, giving him the power to rule the North Eastern Region by decree. There have been several subsequent amendments to the independence constitution. For example, the sixth amendment Act No.18 of 1966 enlarged the government's emergency powers. It removed legislation relating to parliamentary control over emergency laws and the law relating to public order. Existing constitutional provisions were repealed and replaced by one which gave the president a blank cheque: 'at any time by order in the Kenya Gazette to bring into operation generally or in any part of Kenya, part III of the preservation of Public Security Act or any part thereof.'

The application of emergency laws meant that in effect Kenya had two separate legal regimes: one applied exclusively to the NFD and the other to the rest of the country. The detailed provisions of the emergency laws were contained in the North Eastern Province and Contiguous Districts Regulations, 1966. These regulations formed the basis for the degradation of human rights and explicitly endorsed instances in which the fundamental human rights of the person could be violated. In the process, the government arrogated powers that could only apply to the rest of Kenya when it was at war.

The Northern region was thus technically a war zone and became a virtual police state. The regulations created offences that were punishable without due process. Possession of a firearm, or consorting with or harbouring someone with a firearm, was punishable by death. Harbouring someone who may act in a manner prejudicial to the preservation of public security was punishable by life imprisonment. Even the owning, operating or use of boats or any other means of transport on the Tana River was made a crime liable to imprisonment. Entry into the region by people other than civil servants and members of the security forces was prohibited. Members of the armed forces were given wide powers of search, arrest, restriction and detention.

Members of the provincial administration and the security forces were given powers to preside over 'judicial trials.' The Regulations also suspended the application of Sections 386 and 387 of the Criminal Procedure Code, which require the holding of an inquest on the death of persons in police custody or under suspicious circumstances.

The constitutional and legislative framework for the application of emergency laws in Northern Kenya was completed in 1970 with the passing of the Indemnity Act, Chapter 44 of the Laws of Kenya. This was meant to indemnify government agents and members of the security forces working in the region against any claims on account of any loss or damage occasioned by their actions. Many human rights violations occurred in the NFD after 1967; those responsible for these violations cannot claim indemnity under this act.

EFFECTS OF THE EMERGENCY LAWS IN THE NFD

a) Human rights violations
Members of the security forces have been accused of gross violations of human rights in the course of their duties, including instances of genocidal killing, mass murder and rape, extra-judicial killing, arbitrary arrests and detention of persons and communities, and illegal confiscation and theft of properties. For example:

• Bulla Kartasi Estate massacre, November 1980. Following the killings of six government officials in Garissa town, the security forces retaliated by burning the whole of Bulla Kartasi estate, killing people and raping women, and herding the town's residents to a mini-concentration camp at Garissa Primary School playground where they kept them for three days without food or water. Human rights organisations estimate the dead at over 3000, with an equal number unaccounted for.

• The Wagalla massacre, February 1984. The security forces launched an operation in Wajir targeting the Degodia sub-clan of the Somali. Most of those rounded up were summarily executed after days of incarceration at the Wagalla airstrip. Close to 5,000 people are said to have died.

• Other instances of extra-judicial killings and collective punishment include those in Malka-mari, Garse, Derakali, Dandu and Takaba areas of Mandera District.

b) Discrimination
Kenyan Somalis in general complain of discriminatory laws, regulations, practices and procedures that apply to them and not to other Kenyans. This is especially acute in the area of citizenship and immigration, i.e., in the issuing of birth certificates, identity cards and passports. The screening exercise of Kenyan Somalis in November 1989 is also cited as a clear case of discrimination. Its justification was contained in a government statement:

'The Government is to register all Kenyan Somalis and expel those found to have sympathy with Somalia. The Government cannot tolerate citizens who pretend to be patriotic to Kenya while they involve themselves in anti-Kenya activities. The Government has therefore found it necessary to register Kenyans of Somali ethnic group to make them easily identifiable by our security forces.'

In effect this was a mass verification exercise, carried out by vetting committees made up of selected elders and members of the provincial administration and civil service. The burden of proof was placed on those who appeared before the committees to prove their citizenship or their right to claim it. Those who failed to satisfy the committee were effectively declared non-citizens. Some were deported to Somalia while others opted to settle elsewhere in East Africa. The screening exercise and the requirement on Kenyan Somalis to produce their screening card in addition to their identity card as proof of citizenship was seen as a violation of their fundamental rights to protection from discrimination as enshrined in Section 82 of the constitution. The legality of the exercise was also questioned by many experts.

c) Marginalisation and underdevelopment

One of the most visible legacies of the period of emergency law in the region is the state of underdevelopment in all aspects of life. The government's energies and resources were largely directed towards security and the maintenance of law and order. Its policy has been described as one of containment not engagement. No constructive or meaningful development took place during this period. Indeed, over 80 per cent of the region's budget was spent on security. The net result is that the region is today the most underdeveloped and marginalised in Kenya.

d) Constitutional reform, multi-party politics and the repeal of the emergency laws
The clamour for constitutional reform in the 1990s, which led to the repeal of Section 2A of the constitution, the introduction of multi-party politics and the Inter-Parties Parliamentary Group (IPPG) talks that produced the minimum reforms to the constitution, also saw the repeal of the emergency laws affecting the NFD in general and NEP in particular. Section 127 of the constitution, which laid the foundation for the state of emergency, was repealed on 29 November 1991. The North Eastern Province and Contiguous Districts Regulations, 1966, was also repealed in 1991. The Outlying District Act and the Special Districts (Administration) Act were repealed under the Statute Law (Repealed and Miscellaneous) Amendment Act of 1997.

The repeal of these laws was a big step forward in restoring to the people of the NFD their fundamental rights and freedoms as guaranteed in chapter five of the constitution. They are now much freer than before and are slowly becoming aware and assertive of these rights. Their potential and morale was not destroyed by the colonial and post-colonial emergency legal regime applied to them. They have refused to regard or see themselves as inferior or second-class citizens, and have proved right Eleanor Roosevelt's statement that 'no one can make you feel inferior except with your own consent.'

e) Continuing legal and administrative impediments to the development of Northern Kenya.

1. The creation by the coalition government in April 2008 of the Ministry of State for the Development of Northern Kenya and other Arid Lands is an important milestone. The ministry can become the focal point for the government's efforts in addressing historical injustices, marginalisation and underdevelopment. However, the ministry was created by executive fiat. If it is to be effective and not just symbolic, there must be a legal framework that sets out its functions, the procedures for their implementation, and the powers of the minister.

2. Despite the repeal of the emergency laws, there are still some vestiges of laws and administrative practices. These include but are not limited to the following:
• The Stock Theft and Produce Act that provides for the collective punishment of pastoralists in Northern Kenya is still part of our laws. So too is the Indemnity Act, which was not repealed with the other emergency laws. These two Acts of Parliament should be repealed in order to formally lay to rest the emergency law regime. In 2001 parliament passed a motion brought by the MP for Wajir West, the Hon. Adan Keynan, to repeal the Indemnity Act, but to date no bill has come to the house to repeal it.
• The security forces still operate under the mentality of the emergency law era. There are many unnecessary barriers that result in harassment, corruption and the hindrance of the free movement of people and goods. The police force is yet to change its mindset in the region. It is common knowledge that when police recruits from Kiganjo are posted to North Eastern Province, they are given more training at the Forces Training Centre in Garissa before deployment. While all police officers are required by law to wear their uniform and display their force numbers, those in Northern Kenya do not do so. This even includes traffic officers, who are mostly dressed in jungle fatigues. The anonymity granted to them by this mode of dressing aids and abets the culture of impunity. This practice must be reversed. The security forces operating in Northern Kenya must do their work under the same conditions as their colleagues in other parts of the country.

3. The absence of a legal mechanism for restorative justice must be addressed. Those affected by gross violations of human rights during the emergency law period, such as the victims, widows and orphans of the Wagalla massacre, need closure. There has not even been a commission of inquiry into the excesses of the security forces in the region.

4. The lack of a legal framework for affirmative action and positive discrimination to help the people of the region recover from historical injustices remains an impediment to the region's catching up with other parts of Kenya.

5. The lack of lands registries is a major impediment to economic progress. Title to land or property enables the owner to offer it as security to access financial loans, guarantee payment of goods and services, or give surety for bail or bond in court. There is no lands registry in the entire Northern Kenya where a title can be processed, or sales, transfers and charges can be registered. The system of land registration should be brought into effect and land registries established in every district's headquarters.

6. The Districts and Provinces Act, No. 5 of 1992, established the composition of Kenya's provinces. Moyale, Marsabit and Isiolo districts fall under Eastern Province, whose headquarters is far away in Embu. Bringing these three into one province would be consistent with the spirit of bringing government services closer to the people.

7. Under the Judicature Act, Chapter 8, Laws of Kenya, the Chief Justice is empowered to create high courts and magistrates courts in any part of the country. There is no high court in the whole of the north. Appeals from magistrates' courts must be filed in the high court in Nairobi, Embu or Meru. This limits access to justice. Magistrates' courts are also few in number, as are the Kadhis courts which attend to matters of personal law for Muslims.

8. The potential for tourism of the region has never been harnessed. Instead of taking the camel to tourists at the coast, tourists should be taken to the camel in its natural habitat. The few game parks and reserves in Northern Kenya, such as the Kora and Arawale, have been neglected by the Kenya Wildlife Service.

10. Livestock is the economic mainstay of the region. The absence of a legal framework for the marketing and sale of livestock and livestock products is a major obstacle to its development.

11. The problems encountered by the people of Northern Kenya in obtaining birth certificates, identity cards and passports are a matter of public notoriety. The Registration of Persons Office and the Immigration Department have made it very difficult for young people to obtain these important documents that enable them to register as voters and take part in political affairs, or to travel out of the country to study or seek other opportunities abroad.

12. The role played by civil society and charitable institutions in supplementing government poverty alleviation efforts cannot be ignored. However, the rigid and strict application of the NGO Coordination Act and the Societies Act makes it difficult for local professionals to register local NGOs and charitable organisations.

13. With the relative peace in the region and the availability of raw materials and cheap labour, there is an urgent need for legislation that encourages private investment. This should contain provisions for tax incentives to spur wealth creation and economic growth in the region.

The legal and administrative impediments to the development of Northern Kenya can be overcome by enacting appropriate legislation where necessary, or by administrative action by the relevant ministry or government department concerned. This can only be achieved successfully if there is political goodwill from the executive and an accommodating parliament.

Ahmed Issack Hassan is an advocate at the High Court of Kenya.