Community Youth Katiba meetings

Following the publication of the Harmonised Draft of Kenya's Constitution, the Community Youth Katiba meetings have now been confirmed.

The community meetings will be low cost activities whose purpose is to collate the views of the youth in the draft constitution. The meetings in the provinces will last between 3 and 5 hours maximum.

The Community Youth Katiba meetings schedule is:

1. Western Province (Busia, Bungoma, Kakamega) 7th December 2009

2. Nyanza Province (Kisumu, Kisii, Siaya) 8th December 2009

3. Rift Valley Province (North Rift, Nakuru, Narok) 9th December 2009

4. Central Province (Nyeri, Thika, Kiambu) 10th December 2009

5. Nairobi Province (North, South, East) 8th and 11th December 2009

6. Eastern Province Embu, Meru, Machakos) 12th December 2009

7. North Eastern Province (Wajir, Mandera, Garissa) 14th December 2009

8. Coast Province (Voi, Mombasa, Malindi) 15th December 2009

9. Collating of the views and Presentation of the memorandum to the CoE on 17th December 2009 

For more information, contact:

Emmanuel Dennis Ngongo
Convener - NYC

P.O. Box 8799 - 00200
Nairobi Kenya
Cell: +254 722619005
http://emmanuel-ed.blogspot.com/
Twitter: http://twitter.com/Emmanueldennis
www.nyckenya.org

Read the Harmonised Draft of Kenya’s Constitution here

Kenya's Youth Fund Board resign

What's Your Poverty Footprint?

A recently published report titled "Oxfam Poverty Footprint: Understanding Business Contribution to Development" poses serious questions - even for youth entrepreneurs operating micro-businesses. In fact, we would go so far as to say that the nascent stage of business, is exactly the right moment to think about the question: What is my enterprises' footprint on society?

The report which is a prequel to a second outlining the actual methodology for undertaking a footprint survey outlines the reasons why it is important for entrepreneurs to consider their business impact. The report posits that an awareness of the effects of a business on society and people living in poverty can help a business to improve it's operations, understand risks and present new opportunities. 

Specific areas of focus include assessing value chains, how the business affects  the wider society's standard of living and the social implications of environmental practices. And though Oxfam stipulate that such a footprint survey should be undertaken by independent researchers, ultimately it remains the responsibility of business owners to ensure that their enterprises leave a lasting and positive legacy.

Read Oxfam Poverty Footprint: Understanding Business Contribution to Development Report

Know Your Constitution

The Harmonised Draft of Kenya's Constitution was launched with huge fanfare this week in Nairobi. The draft has been greeted both with skepticism as well as the hope that this document will be the foundation for a new dawn for Kenya. 

But what does the harmonised draft mean for Kenya's youth? With less than 30 days, it's important for us to get acquainted with the draft Constitution, and more important for us to make our voices heard, as the future of Kenya is OURS.

Read the Harmonised Draft of Kenya's Constitution here

Sambili: Warios reinstatement is final

African Achievers Award International 2010

The African Achiever Awards aims to reward excellence among Africans on the continent and Africans in the Diaspora. The excellence displayed by Africans, no doubt, enhances the positive image of Africa and Africans.

Criterion

The criterion for African Achiever Award, broadly speaking, is to have contributed to the enhancement of the positive image of Africa and Africans in any part of the world. As simple as the criterion sounds, there are numerous people who satisfy this criterion which means that the best of Africa’s Best are matched against each other to produce a high quality list of African Achiever Awards Award recipients. The African Achiever Award is highly prestigious and highly coveted.

Eligibility

Submissions are welcome from any institution based in UK and Africa including corporate headquarters or branch offices of international institutions.

Entrants may submit for multiple awards. However, the shortlist for the following categories will be decided by an independent editorial board.

The categories include:

• Accountancy, Banking & Finances
• Beauty, Business, Building, Construction & Property
• Community Development, Charity, Legal
• Community Development, Corporate Social Responsibility
• Communication & Media, Health
• Fashion, Future Leaders - Religious Impact
• Sports, Science & Technology
• Entertainment, Innovation
• Future Leader, Public Sector
• Life Time Achievement, Online sports media Telecommunications
• Voluntary - Disabled people

How can I nominate or be nominated?

You can nominate yourself for an award or be nominated by someone else.

The awards celebrate African people who have:

• Shown innovation or creativity in their volunteering
• Demonstrated leadership in creating and developing projects
• Used their energy, commitment and enthusiasm to raise awareness
• Created something worth replicating elsewhere and inspired others
• Demonstrated a willingness to develop their talents into new areas

AAI Nomination Form 2010

The standoff at Kenya’s Youth Fund does not serve the youth

On Wednesday 21st October 2009, the Minister of Youth Affairs and Sports, Hon. Prof. Hellen Sambili reinstated the Youth Enterprise Development Fund’s former CEO Mr. Umuro Wario, after a - yet to be made public - Kenya Anti Corruption Commission investigation report that cleared Mr. Wario of any criminal culpability in his activities prior to his suspension and subsequent termination by the Youth Fund’s Board.

In June 2009, the Partnership for Change released a report (published here on this blog) questioning the true reasons for Mr. Wario’s dismissal from the fund, in addition to queries concerning:

• Single sourcing of contracts prior to and during Mr. Wario’s tenure as CEO.
• The contentious partnership with Enablis East Africa, that Mr. Wario himself claimed was the main reason behind his termination, and
• The corporate governance structure of the Youth Fund's Board with regards to conflicts of interests among named members.

So far the Youth Fund’s Board has not deigned to acknowledge nor respond to the questions, despite the Partnership posing the queries not only in the mainstream media but in youth forums. As Yipe.org’s work is focused on the youth entrepreneurs, we too tried to ask questions when given the opportunity, only to be met with the response that our enquiries lacked any substance, and were based on fallacious reports.

As a result of the Fund's deafening silence, sadly we have become fully aware that the Youth Fund’s Board is only interested in retaining full and complete control over this most important national fund; so much so that the Board will go to any lengths (at whatever cost and detriment to its reaching the 3 million of unemployed youth that require it’s assistance) to ensure that Mr. Wario is not allowed back into the Fund’s secretariat.

To spend in the range of millions of precious Kenya shillings  to reiterate what has been roundly publicized on our television screens and radios to endear Kenyans to their point of view, has exposed the high handed attitude by the Youth Fund’s Board. Why run to the media now, when in June 2009 the Board fronted by the Chairperson disparaged the same media as being in cahoots with political enemies?

Nevertheless, the Youth Fund’s public statement and extract of the auditors investigation published on Wednesday October 28th, brings onto the fore further questions. 

On reading the two page - full colour advertisements* placed in yesterdays Daily Nation and Standard newspapers, it is indeed stupendous that the Kenya Anti Corruption Commission (KACC) exonerated Mr. Wario if the Commission’s investigators were aware of the damning evidence of the State Corporation Inspectorate’s office outlined in the published extract. Surely the KACC investigations would have involved interviewing the Fund’s staff and Board members in addition to the State Inspectorate?

The Youth Fund's Board has stated that it never referred Mr. Wario’s case to the KACC, though in their published statement released yesterday, Mr. Wario is guilty of a wide range of derelictions and/or omissions of duty that would have landed any other public officer in an interrogation room at Integrity House. Yet the Board was benevolent enough to not forward Mr. Wario’s case to the KACC even as they accused him of mismanagement of funds and assets.

Indeed the extract from the report by the Inspectorate of State Corporations confirms the Board’s allegations of gross violations that are in contravention of both the Anti-Corruption Economic Crimes Act 2003, as well as the Public Officers Ethics Act.

1.    The Anti-Corruption and Economic Crimes Act, 2003 (ACECA)

The Youth Fund by virtue of being a State Corporation is a public body as per the 2003 Act; and Mr. Wario by virtue of his employment at the Youth Enterprise Development Fund fell into the category of a public officer.

The Act defines corruption as including abuse of office or breach of trust. Mr. Wario’s disregard for financial and recruitment procedures (concern #4), attempted diversion of funds without adherence to due process (concern #6) and non-transparent use of financial resources (concern #8) would have surely made him culpable of being charged with corruption.

Furthermore, Mr. Wario’s acts regarding procurement outlined in the advertisement are in breach of the ACECA 2003 s. 45(2), which states that:

(2) An officer or person whose functions concern the administration, custody, management, receipt or use of any part of the public revenue or public property is guilty of an offence if the person —
 (b) wilfully or carelessly fails to comply with any law or applicable procedures and guidelines relating to the procurement, allocation, sale or disposal of property, tendering of contracts, management of funds or incurring of expenditures.

According to concern #5 of the extract from the report by the Inspectorate of State Corporations, Mr. Wario was guilty of flouting established procurement rules, and as such is liable under ACECA s. 45(2)(b).

2.     The Public Officer Ethics Act, 2003. (POEA)


Under the POEA 2003, Mr. Wario flouted s. 8 which states that:

8. A public officer shall, to the best of his ability, carry out his duties and ensure that the services that he provides are provided efficiently and honestly.

According to the published extract of the Inspectorate’s report, Mr. Wario was guilty of insubordination (concern #1), had a dismal performance in discharging his duties (concern #2) and lacked strategic direction and execution (concern #3).

This raises the following questions:

• Why did the YEDF Board not forward Mr. Wario’s case to the KACC seeing that in their paid advertisement they claim that he is responsible for the loss or mismanagement of tax payer funds? This points to the Board’s failure in stewardship of public funds and accountability not only to the Exchequer, but to all Kenyan taxpayers and most importantly to the nation’s youth entrepreneurs.
• The KACC should also answer how it found Mr. Wario not culpable in the face of the damning report by the Inspectorate of State Corporations. If the Commission was diligent in its duties, surely it would have discovered the report; or have they investigated the report and subsequently dismissed it?

However one cuts it, due process of the law must and should be followed. Instead of publishing expensive advertisements in the local dailies, the YEDF should press for Mr. Wario being charged and if guilty convicted under ACECA.

Justice can still be done. Under ACECA 2003, the YEDF can now forward their evidence to the KACC which stipulates penalties under  section 48:

48. (1) A person convicted of an offence under this Part shall be liable to —
(a) a fine not exceeding one million shillings, or to imprisonment for a term not exceeding ten years, or to both

Section 35(4) of the Act further allows the Board to pursue Mr. Wario even after they terminated his services, which is what any steward of public resources would have done.

Mr. Wario can only be judged in a court of law and not in the public court. To spend money that COULD and SHOULD have been used to empower young business people, only makes the Youth Fund look just like what they accuse Youth Minister Hellen Sambili of – acting with impunity!

Read the Youth Fund Board's statement

* A phone call to the Daily Nation this afternoon quoted Kshs. 437,000 per full colour full page. Advertisements were also placed in the Standard thus costing approximately 1.5 million shillings. Such a sum could have been invested at Kshs. 50,000 per venture in 30 youth owned enterprises