Day: March 22, 2024

The Chief Justice (CJ) and the President of the Supreme Court Justice Martha Karambu Koome has reiterated her concerns over low funding of the Judiciary which has in turn led to backlog of cases in courts.

Koome revealed that at the end of December 2023, the Employment and Labour Relations courts alone had 9,362 pending cases and out of these pending cases, 7,837 cases had been in court for more than one year.

‘The challenge of backlog cases remains a pressing concern. With a considerable number of cases pending beyond a year, our shared goal must be to intensify efforts to reduce this backlog, ensuring timely justice for all parties involved,’ the CJ said.

To this end, Koome said they are continuously engaging with the other arms of government to ensure that the Judiciary is adequately funded to implement these infrastructural aspirations.

The Judiciary was during the financial year (FY) 2023 / 2024 allocated a budget of Sh. 23Billion leaving a resource gap of Sh.19 billion which translates to 45 per ce
nt of the total resource requirement for the FY 2023/24.

The CJ was speaking in Naivasha during the Annual Conference for Judges of the Employment and Labour Relations court.

Koome also voiced her opposition to the proposed Constitutional Amendment currently pending before Parliament that seeks to merge the two Specialized Courts of Equal Status with the High Court. Jurisprudence to the changing dynamics of the Workplace and the labour market.

She said she had already written to the leaders of Parliament, expressing the Judiciary’s position opposing the mixed-grill approach as proposed in the proposed constitutional amendments as not being the ideal.

‘There was an informed reason why Kenyans during the constitution making process demanded for specialized attention to the areas of employment and labour relations, and also Environment and land and that rationale has not gone away. Moreover, the contribution by the two courts to expeditious delivery of justice and a robust jurisprudence in these areas of spe
cial concern to Kenyans justify the continued existence of the specialized courts,’ the CJ noted.

Koome also commended the Judges of the Employment and Labour Relations courts for what she termed as dedicated and tireless performance that saw the courts reduce the backlog in their courts.

She added: ‘Your tireless efforts have propelled your courts to the forefront of excellence in service delivery, achieving the highest Case Clearance Rate across all courts. The Court’s progress in reducing the rate of adjournments is another achievement worthy of commendation. The rate of adjournments reduced from three per cent that was recorded the previous financial year, to an adjournment rate of 2 per cent of scheduled case events during the first half of this financial year. This reduction signifies a commitment to expediting the judicial process, further enhancing the court’s efficiency,’

The Chief Justice revealed that these courts had a Case Clearance Rate of 166 per cent during the first half of this financial
year, meaning they had not only resolved a significant number of cases but also underscored its efficiency and commitment to reducing the backlog of cases.

Thus these Court resolved 3,414 cases while 2060 cases were filed before the Court during the first half of the financial registrar.

She observed that these Courts` jurisprudence as envisioned by the constitution had contributed to the social transformation and been instrumental in developing jurisprudence that not only addresses contemporary issues at the work place but also sets a benchmark for social Justice; from upholding the rights of marginalized and vulnerable groups to ensuring workplace safety, the court has made significant contributions that resonate with the social justice.

Koome reminded the entire judicial bench and officers that it was incumbent upon every member to foster an environment where integrity is the norm, not the exception, adding that this aligns with their overall aim to make what she called ‘judicial hygiene’ part of the ju
dicial culture.

‘Our goal has been that we should make ethics and integrity become second nature to our institution. We must therefore strive to live a life of integrity and encourage each other in this journey to aspire for higher standards of professionalism. It must start with each individual Judge affirming excellence in service delivery,’ she advised.

The CJ assured the judges that despite the serious budgetary constraints that the judiciary operates under, she and her team were keen to support judges to ensure they work under a conducive work environment.

Cabinet Secretary, Ministry of Labour and Social Protection, Ms. Florence Chepng`etich Bore who graced the occasion said despite the achievements made in ensuring that justice is served in the labour sector, there is a backlog of unresolved cases and advised on the use of Alternative Disputes Resolution.

To this end, the CS said the Court Annex mediation has been particularly useful in restoring peace and order in the labour sector and therefore th
ere was need to enhance our efforts towards this direction.

Ms. Bore said consequently, her Ministry will soon hold a Social Dialogue forum with stakeholders to explore ways and means to achieving the desired results especially within the Pre-court process.

‘It is imperative that we address existing hurdles urgently to ensure that citizens are not denied their constitutional right to access justice and I propose a collaborative effort involving my Ministry, the Office of the Attorney General, the Judiciary, the Office of the Director of Public Prosecutions and other key stakeholders to develop a comprehensive work plan aimed at resolving the gridlock and expediting the resolution of pending cases,’ the CS said.

She noted that by working together, leveraging the collective expertise and resources, Kenya can overcome this challenge and restore the integrity and effectiveness of our judicial system.

Bore said the labour sector was at the throes of a new age in industrial development and the change in the Wor
ld of Work is enormous in terms of the changing nature of Work, Place of Work and Worker.

‘The types of employment, organization of work and employment relationships are quickly evolving and there is no doubt there is a need to adjust the Legal Framework for promotion of justice, equity and industrial peace and harm are at the throes of a new age in industrial development,’ the CS observed.

She added that we must defend and promote labour rights in platform work, remote working and in other typical forms of work arrangement and our laws need to accommodate all workers without difference and to ensure that all workers are afforded dignity, security and fair treatment.

The three – day conference is also being attended by Justice Smokin Wanjal; Director General of the Kenya Judiciary Academy, President of the Court of Appeal; Justice Daniel Isokolo Musinga and Chief Executive Officer (CEO), Federation of Kenya Employers (FKE), Ms. Jaqueline Mugo, the Principal Judge of the Employment and Labour Relations Cour
t, Justice Byram Ongaya and Registrar of the Employment and Labour Relations Court Kennedy Kandet among others.

Source: Kenya News Agency

The government and her key partners have embarked on fact finding mission to evaluate the impact of the Kenya Primary Education Equity in Learning (KPEEL) program in sampled schools across the country.

The technical team led by senior officials from the Directorate of Projects Coordination and Delivery in the Ministry of Education are on a ten days field visits to review the status of the four year Program launched in 2022.

KPEEL Project National Coordinator Martha Ekirapa said the exercise which was under the fourth implementation support mission is expected to cover at least 13 counties between 20th to 29th March.

Director in charge of the Directorate of Projects coordination and delivery Elijah Mungai and KPEEL Project National Coordinator Martha Ekirapa compare notes during the fourth implementation support mission field visit in Kakuma Refugee camps in Turkana county.

She said the technical teams comprising officials from multinational organization including the World Bank, UNHCR, and other stakehol
ders under the KPEEL are expected to submit their findings for discussions at the Kenya Institute of the Kenya institute of Curriculum Development at the end of the mission.

World Bank senior education specialist and team leader KPEEL Ruth Charo and the Director in charge of Directorate of Projects coordination and delivery Elijah Mungai last Thursday jetted into Lodwar town to kick off the countrywide exercise in Turkana County.

The team visited schools in the Kakuma refugee camps where Department of Refugees services in collaboration with the UNHCR, Jesuit Refugee Services, and other partners put up new schools for the assimilated refugee community who were permanently resettled in the country.

Some of the counties enlisted for the review included Turkana, Samburu, Bungoma, Siaya, Kisii, Bomet, Narok, Kisumu, Kakamega,Uasin Gishu, Nakuru Mombasa and Kwale where the teams will assess sample schools and collate the impact of the KPEEL program on the learning environment.

KPEEL Project National Coordinator
Martha Ekirapa explains a point to World Bank World Bank senior education specialist and team leader KPEEL Ruth Charo talk to learners they visited schools in refugees resettlement in Kalobeyei

Notable outcome realized during the mission was the positive impact the school feeding and scholarship component of the program had on learners within refugee communities at the UNHCR Kakumu camps after it emerged that the initiative had drastically improved the previously worrying retention and transition rates of girls.

The four year multibillion project IDA credit of USD 160 Million and a USD 40 million grant from the refugee window was rolled out in 2022 for a four year implementation in the government was to contribute Kshs 1 Billion to the kitty.

refugees learners quench their thirst at a water point in Kakuma refugee camp in Turkana county. Pictures by Benedict Wasiche

He however cautioned school administrators that the disbursement of the Ksh 480, 000 grants under the 22022-2026 KPEEL Program will be pegged
on the Performance for Results indicators whereby subsequent continuity in funding will be subject to the achievement of specific results, as measured by the seven Disbursement Linked Indicators (DLIs).

The program running concurrently with the government’s NESSP II initiative was tailored to thaw out inequities in access to quality basic education with deliberate focus on the girl child including those within and around the refugee camps.

The Program which intends to reduce disparities in learning outcomes, improve the retention of girls in upper primary education, and strengthen systems for equitable education outcomes is set to benefit at least six million learners in primary schools including about 221,529 children in refugee hosting counties.

However, the program encompasses component of infrastructure development, school meals, environment, governance and accountability to ensure that desired results areas including improved learning outcomes were realized.

Source: Kenya News Agency

Rift Valley Regional Commissioner Abdi Hassan has given eleven influential families herding their livestock illegally in parts of Baringo North 24-hour ultimatum to vacate and return to their original home failure to which unspecified consequence will be instituted.

The regional commissioner maintained that they shall no longer entertain the activities of the owners who have hired the services of armed criminals who instead of herding animals peacefully were wreaking havoc by killing innocent people, maiming and uprooting them from their lands.

Speaking during a presser outside Marigat Deputy County Commissioner’s office after touring Baringo North to assess security situation, Hassan stated that the dangerous armed herders taking care of the hundreds of livestock belonging to the influential families from Tiaty have been issued with warning through local chiefs to move out but they have disobeyed the amnesty given to them.

Hassan flanked by Rift Valley Police Commander Tom Odero and Baringo County Commis
sioner Stephen Kutwa said they suspect that the herders are part of the larger syndicate which for the past three months has been causing untold suffering to residents of Baringo North and South as well as the neighbouring counties of Elgeyo Marakwet, Laikipia, Samburu and Turkana.

‘The Government will take very painful measures which they will remember for a very long time, if they don’t heed vacation orders and advice given to them. We shall deal with them ruthlessly regardless of their social status in society. Let it be known,’ he said.

The RC stated that they are also monitoring very closely activities taking place in a number of markets in Tiaty constituency in a view to taking appropriate action on individuals who are part of the conduit.

Hassan who identified three locations of Sibilo and Yatya in Saimo Soi and Ngorora in Bartabwa wards as the most affected by the cattle rustling and banditry menace said the rest of the county remains relatively peaceful.

He added that security agencies already on
the ground shall not relent in the fight that might take long to ensure that lives and properties of people are safeguarded.

‘We shall dismantle these criminals and ensure we completely destroy and vanquish them, we shall exterminate them until they are no more in order to pacify the region if possible once and for all,’ the Rift valley commissioner said.

An agitated Hassan directed all security officers to dispatch any armed criminal to their final destination saying that the government cannot sit and watch such elements instill fear in innocent wananchi, kill and take away their livestock with impunity.

The RC at the same time added that they are using all means possible to recover all animals stolen since January this year and hidden in notorious areas of Silale, Akwichatis, Naudo and Paka hills.

He encouraged the locals to continue availing crucial leads to security agencies which will be crucial in completion of evidence of some of the individuals who are in their radar.

Source: Kenya News Agency

The county government of Kisumu has signed an agreement with the county government of Vihiga to supply bulk water to Maseno town.

Through the agreement, the county government of Vihiga will supply the commodity to Kisumu Water and Sanitation Company (KIWASCO) for distribution in the fast-growing town and the neighbouring areas.

Kisumu Deputy Governor Dr. Mathew Owili said the move targets to address water shortage in Maseno municipality whose population has grown tenfold.

The rapid population growth is attributed to the presence of Maseno University which has over 20,000 students, Maseno School and Maseno Boarding Primary School which also have thousands of learners.

‘This has strained our supply leading to the shortage of water being experienced in this town,’ he said.

Dr. Owili said besides the bulk supply, the two county governments were collaborating to protect and conserve water sources in the area to ensure stable supply.

Speaking at the Agriculture Training Center (ATC) in Maseno Town during Wor
ld Water Day celebrations, Dr. Owili lauded the partnership saying it has contributed to the peace and stability being experienced in the area.

‘Kisumu and Vihiga are forging a common destiny. Water has become a beacon of peace and prosperity,’ he said.

Climate change, he said, was one of the leading contributors to water scarcity in the area calling for concerted efforts to restore the environment.

‘We must think about the future even as we consume the water that we have so that our future generations can also benefit,’ he said.

Kisumu County Executive Committee Member (CECM) in charge of Water, Environment and Natural Resources Marylene Agwa said the partnership with Vihiga will help boost water coverage in Maseno Municipality from 20% to 40%.

Other interventions, she added were being carried out by the Lake Victoria South Water Works Development Agency (LVSWWDA) which once completed will sort out the perennial water shortage in the area

The projects include rehabilitation of millennium spring, constr
uction of 1000 cubic metre tank in Nyawitta, rehabilitation of Maseno old tanks, rehabilitation of one borehole in Maseno market and sinking of a new one and the construction of 150 cubic metre water tank at Maseno market.

KIWASCO Managing Director Thomas Odongo said water scarcity in the area was largely due to climate change, calling on the community to join ongoing conservation efforts and plant trees.

‘When we opened a new plant in Kajulu we knew that Kisumu will have uninterrupted supply until 2030. This has however changed because the river is now seasonal,’ he said.

Odongo called for harvesting and storage of rain water in Kisumu city to ensure round the clock supplies.

Source: Kenya News Agency

Garissa County Commissioner Mohamed Mwabudzo has urged area residents to join the government efforts in conserving existing forests in the area.

Speaking during the commemoration of the International Day of Forests held at the Garissa High School, Mwabudzo said the current climatic changes would be properly tackled through tree planting of more trees to increase the forest cover. More than 500 trees were planted during the celebration.

‘The national government has a plan for us to plant trees to increase our forest cover but we keep coming up with excuses. Let us not blame lack of water for failure to achieve this vision,’ Mwabudzo said.

‘We have a few people clearing our forestry in the name of creating land for cultivation and extraction of lime. That is very discouraging and we need to stop the same so that we can allow trees to grow,’ he added.

The County Commissioner blamed land grabbers for the ongoing deforestation in Garissa.

He however lauded tree planting initiatives in several schools across
Garissa urging residents to borrow a leave from the learning institutions.

Garissa County Conservator Elphus Wesonga said the county has a forest cover of 11.6 percent with a tree cover at 12.6 percent.

Wesonga cited lack of water as the main challenge in raising the seedlings in Garissa due to harsh climatic conditions.

‘We are encountering resistance from the community when enforcing the law on charcoal. They will never allow their people to be arrested for illegal charcoal production,’ Wesonga said.

The Forestry Department is fighting charcoal burning and deforestation and Dadaab remains the most affected area in the county.

‘Wanton destruction of trees has been done in the Dadaab area and mostly by the refugees coming in from Somalia,’ he said.

The Conservator said the residents in Dadaab are using trees as firewood and charcoal burning.

He said the Kenya Forest Service (KFS) is currently rehabilitating the most affected areas across the county.

Hassan Sheikh Ali, Chairman Hirola Conservancy said
forests remained vital in the ecosystem as they provide shade and food for both humans and animals.

‘Forests are important since we shall have food for our livestock and this will improve market value for the animals,’ he said.

Ali challenged locals to preserve the natural resources including national reserves and conservancies.

Source: Kenya News Agency

As the debate on two third gender rule rages in the country, Turkana head teachers have demonstrated that with goodwill it is possible to meet this constitutional threshold.

The head teachers led by example by electing male and female contestants on a 50-50 basis during their Kenya Secondary School Headteachers Associations elections.

In elections held at Lodwar boys’ high school on Friday, the teachers in one of the regions dominated by men in leadership positions defied the odds and embraced their female contestants.

In yet another show of democracy, the teachers ensured that three out of the eight candidates who do not hail from the county were elected to leadership positions of the head teachers association.

Raphael Lotum who is also the Principal of Loima boys secondary school was elected chairperson and will be deputized by Anne Matumbai.

Mrs Matumbai is the current Principal of Salvation Army, Nawoitorong secondary school.

Mrs Matumbai hailed their male counterparts for electing women in the lea
dership positions.

Nicodemus Ingolan was elected KESSHA secretary Turkana chapter branch and will be deputized by Beatrice Njogu.

The Principal of Milimatatu Girls Secondary School Beatrice Saiya, and Godson Okello were elected treasurer and vice treasurer respectively.

The organizing secretary seat was clinched by Loima Girls secondary school Principal Elizabeth Merimung who will be deputized by Naukot Anderson of Kaptir Mixed secondary school.

Addressing the press after the elections at Lodwar boys’ high school, presiding officer who is also the Turkana County TSC Deputy Director Solomon Muyela said the exercise was transparent and fair.

A total of 61 head teachers took part in the elections that saw all officials elected unopposed.

Muyela urged the incoming officials to be very consultative, resilient because they will be required to deal with many stakeholders in the education sector including TSC and the Ministry of Education.

‘I urge you to uphold values of integrity, professionalism, and dedicat
ion as you participate in this democratic process,’ Muyela had said prior to the voting.

‘Let us ensure that the candidates elected reflect the highest standards of leadership and commitment to the betterment of our educational institutions,’ he added.

Incoming KESSHA chairperson Raphael Lotum said his team worked discreetly underground and ended up catching their opponents unawares, making them throw in the towel after they realized they were outwitted.

He said his team had managed to win over 50 head teachers out of the 61 before the last campaign lap.

He pledged to strengthen the welfare issues of the teachers.

However, Lotum extended an olive branch to the outgoing team and pledged to consult them for the betterment of the teachers and education sector in the county.

He lauded them for supporting sports activities in schools and welfare issues and vowed to tap into their experience.

Nicodemus Ingolan who was elected KESSHA secretary Turkana chapter branch said the team is ready to work together to
propel issues of education to higher heights.

He pledged to ensure that all decisions made by the association will be implemented to the letter.

Source: Kenya News Agency