Transcript CSO Position on Bills on Devolved Government (DEGONSA)

19TH ENGINEERS INTERNATIONAL CONFERENCE
2012
Role of Engineering Practitioners in the
Implementation of the Constitution:
Governance , Integrity and Professionalism
By Burugu J.N.
MA (International Studies- UoN;
BA Hons. (Political Science)- UON;
Dip. Institute of Human Resource Management, (IHRM) K
Governance and Devolution Consultant/Trainer.
© May 2012- Email: [email protected]
PREAMBLE OF THE COK 2010
We, the People of Kenya Acknowledging the supremacy of the Almighty God of
all creation;
 Honouring those who heroically struggled to bring
freedom and justice to this land ;
 Proud of our ethnic, cultural and religious diversity
and determined to live in peace and unity as one
indivisible sovereign state;
 Respectful of the environment which is our heritage,
and determined to sustain it for the benefit of future
generations;
 Committed to nurturing and protecting the well-being
of the individual, the family, communities and the
nation;
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CONT’D
Recognizing the aspirations of all kenyans for a
government based on the essential values of
human rights, equality, freedom, democracy,
social justice and the rule of law;
 Exercising our sovereignty and inalienable right
to determine the form of governance of our
country and having participated fully in the
making of this constitution;
 Adopt, Enact and give this constitution to
ourselves and to our future generations.
God bless Kenya
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OVERVIEW OF THE NEW CONSTITUTION
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Promulgation-Rebirth- A new dawn for Kenya as a Republic
Break from the Lancaster House Constitution of 1963 held in
London
Restored the Sovereignty and Pride to the Kenyan people
Dispersal of Power and Resource devolution- whittled away
power of State House occupier
Kenya joined other countries like Ethiopia, Nepal, Saudi Arabia,
Jordan and Kuwait in renewing their Laws. Tanzania, Zimbabwe
and Zambia struggling to achieve Kenya’s feat!
Participatory management of citizens at all decision making
levels on matters affecting them
Appreciating the diversity and rich cultural heritages of Kenya
Communities ( Maasai, Meru, Nandi,Borana, Pokomo , Luhya,
Kikuyu, Kamba, Luo, etc)
Enhanced representation, roles and participation by youth and
Women at National and County level
Indigenous resources with heavy public involvement- Homegrown
Dilution and dispersal of Treasury’s hold on purse strings
Freedoms and Rights; Access to information
Self propelling- Article 261(5, 6, 7) cannot be stalled by MPs
Two levels of Government and the Senate 290- Mps; 67 Elected
and Nominated Senators; and 47 County Governors
GOOD GOVERNANCE, INTEGRITY & PROFESSIONALISM
 These
are Values in our everyday life.
 They form Legal, Societal, Religious,
Cultural and Professional norms of
conduct and engagement;-(Judas Escariot; Exam
cheating; corruption, professional misconduct; Crime of
discriminations, Bill of Rights; Hate speech, FGM).
 CoK
2010- they run through the eighteen
chapters underlining their importance.
 Chapter 2 Article 10 on National Values
and Principles of Good Governance
captures them and obligates us all to
respect, uphold, observe and adhere.
THE SEVENTEEN (17) NATIONAL VALUES
1. Patriotism
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This is the loyalty, love, sacrifice, devotion for, sense of
belonging to, dedication to, sense of pride in, protection
of, selfless service to and paying taxes to one’s country.
Patriotism is strengthened through kith and kin
relationships among Kenyans.
2. National
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Unity
The cohesion that comes as a result of having
shared goals, values, vision, purpose and
aspirations,
while
recognizing
diversity,
irrespective of the ethnic, cultural economic,
religious or other superficial status, in a unitary
state.
CONT….
3. Sharing and Devolution
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A governance environment in which power, political, social and
economic resources are distributed between the central and county
levels of government and which empowers people at the grassroots to
make decisions on matters that affect them.
4. Rule of law
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It is the legal maxim that each citizen and person within the state
respects the law, obeys it and is subject to the law of the land so as to
ensure justice for all and eradication of impunity.
5. Democracy and Participation of the people
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A political culture of getting people involved at all levels of decision
making; where everyone is equally bestowed with the powers to
exercise personal skills, access information, utilize opportunities, elect
their representatives, express their views, participate in governance
without prohibition and have the right to contribute to societal and
national issues particularly in reference to leadership and governance.
CONT….
6. Human Dignity
 The honour bestowed upon individuals and people of upholding
their basic rights as spelt out in the Constitution and the Bill of
Rights is being treated with honor, respect, safeguarding one’s
rights that are built on inherent human worth regardless of
one’s status.
7. Equity
 It means fairness, impartiality, justice and provision of equal
access to national resources and opportunities regardless of
gender, disability, age, race, ethnicity, religion and status.
8. Social Justice
 This is the enjoyment of the rights that enhance the well being
of an individual in all aspects of their interaction with one
another and promotes solidarity. It also means that our society
understands and values human rights, recognizes the dignity
of every human being to realize their potential and respects
diversity.
CONT….
9. Inclusiveness
 Valuing, recognizing and involving all people in decision
making without bias or segregation. It is affording all
people an opportunity to participate in activities, including
decision making, that affect their lives and taking into
consideration the plight of everyone.
10. Equality
 Everyone should be treated with equal measure in society
irrespective of their status such as gender, religion, social
class, tribe, race as well as being regarded in equal status
in all matters involving rights of individuals and peoplegroups.
11. Human Rights
 These are God-given, inherent, inalienable liberties and
entitlements to be enjoyed by all people irrespective of their
nationality, race, sex, origin, and religion, physical or
mental ability without limitations or hindrances except
when in breach of the law or other people’s rights.
CONT….
12. Non-discrimination and Protection of the
Marginalized
 Non-discrimination is about offering services and
taking care of all without bias economically, socially,
culturally, religiously, politically,
physically,
mentally or based on gender while at the same time
ensuring there exists a balance after the inequity has
been addressed.
13. Protection of the marginalized
 This is about safeguarding their livelihood. This
means taking care of those who have challenges in
our midst or those that do not have a voice in the
society. It is the deliberate consideration of the
weaker members of the society.
CONT…..
14. Good Governance
 Good governance is about having systems and structures through
which the exercise of power and authority can be controlled and
held to account. This also refers to elected and non-elected
leadership that is accountable and responsible for their actions
during their tenure in office. It means responding to the needs of
the citizenry, following the laid down procedures with honesty and
safeguarding public interests as opposed to individual interests.
 In addition it refers to the prudent management of institutions by
those entrusted with the responsibility of overseeing the affairs
and utilizing the resources for the common good.
15. Integrity
 It is the adherence to virtuous, moral and ethical principles for the
good of all. This includes having honesty, truthfulness, consistency
and moral character both in private and public life. It is also the
quality of being steadfast and consistent about what is right.
CONT….
16. Transparency and Accountability
 It is the requirement for all to share
information and act in an open manner
while being held responsible for our actions,
conduct and management of our resources.
It includes accepting responsibility for one’s
actions and accepting that leadership is
answerable and responsible to the people.
17. Sustainable Development
 Sustainable development is defined as
progress that meets the needs of the
present generation without compromising
the ability of future generations to meet
their own needs.
OBLIGATIONS OF ENGINEERS
 National
government;
 County government;
 Constitutional and Independent Offices
 Government Agencies at both levels of
Government
 Joint committees, authorities or companies;
 Sub- county levels of government.
 Regional,
continetal and International
professional engagements
 The Institute of Engineers of Kenya
 Citizens of Kenya
PRINCIPLES OF GOVERNANCE, INTEGRITY, PROFESSIONALISM FOR
ENGINEERS IN EXECUTING RESPONSIBILITIES…..
 Always conform to professional and ethical conduct in all
undertakings
 Follow processes that conform to fundamental principles of
justice and constitutional guarantees;
 Avoidance
of arbitrary or excessive action within
proffesional scope
 Ensuring that the capacity of the reciepients matches with
their legal responsibilities;(Counties)
 Alignment of finances with functions (FFF Principle).
Principles governing Transfer of Functions:
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Subsidiarity to ensure that powers, functions and
competencies are assigned to the level of government best
placed to perform them;
Transferability of functions between the various levels of
government by agreement,
Equal
protection
and
non-discrimination
through
development of and enforcement of rules, regulations, or
ordinances that do not discriminate
PROFESSIONAL AREAS FOR ENGINEERS IN COUNTIES
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Agriculture Engineering; Irrigation/ water/ mechanized
dairying/ related industries-beef
Sustainable power generation and Gas Reticulation in the
counties
County planning: Surveying/Mapping/Housing
County public works: Public buildings/ Offices/Roads/
Bridges/Social facilities and Amenities
Sustainable solid waste management
Disaster management and Fire fighting services
Natural Resource utilization- geological and other resource
mapping
Manufacturing and industrial development
ICT integration in County policies and development
initiatives
County Transport; ferries and habours/street lighting/
traffic and parking/public road transport (by-passes)
All 14 County functions and others transferred by National
Government under MoUs and Legislations.
PROJECT FINANCING
What is the project about and how was it conceived?
 Who are target beneficiaries and do they own the project?
 What is its implementation framework? NEMA Approval(EIA),Legal, Supervision, Financial, Contractual, time
span.
 Which is the implementing agency? Capacity, professional
integrity, competence, previous demonstrated projects
management and completion.
 Stakeholder and public participation in the
implementation process? Public
involvement/representation in the Implementation
Committee; Regular stakeholder consultative and
information sharing forums; opportunity sharing; and use
of local knowledge.
 Integrity; Professionalism; Ethical.
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OPERATIONAL GOVERNANCE STRUCTURE OF COUNTY GOVERNMENT
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Source APSEA Reports(2012)
ELABORATE INTER-COUNTY RELATIONSHIPS
Source: APSEA Devolution Report (2012)
CONSTITUTIONAL, LEGAL AND PROFESSIONAL EXPECTATIONS:
Fully understand and internalize;
 Constitution of Kenya 2010
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Participate, contribute in reforming and realigning your
Professional Institutions/Professional Management and Codes of
Conduct; All legal frameworks guiding your respective professions
(Water/ Minerals/ Roads/ ICT/ Agriculture /Environment....)
County Legislations: Devolved Governmnets Policy
 Transition to County Governments Act 2012
 County Governments Act 2012??
 Intergovernmental Relations Act 2012
 Urban areas and Cities Act, 2012
 Public Finance Management Bill, 2012
CHALLENGING INSPIRATIONAL QUOTES
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“You must be the change you wish to see in the world”Mahatma Gadhi
“Change will not come if we wait…..we are the ones we
have been waiting for. We are the change we seek”Barrack Obama, US President in a Speech in 2008.
“…It’s the little things that citizens do, that’s what will
make the difference. My little thing is planting tree…”
Late PROF. WANGARI MAATHAI. LAUREATE, 2004 NOBEL
PEACE PRIZE
I pose the question to us……
Which change do you wish for?
 What inspires you?
 What is your little thing as a professional Engineer?
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END…