Education minister Sam Ongeri during the launch of the Safety Standards Manual for Schools at KIA on Tuesday. He said that caning contravenes the Children’s Act 2001. Photo/JENNIFER MUIRURI  

By BENJAMIN MUINDI and SAMWEL KUMBA

In Summary

• Minister says cases of student bullying as well as excessive punishment still rampant in schools.
• The minister criticises holiday tuition saying it has been commercialised and did not serve its core purpose of strengthening learners.
• Says he is yet to receive any substantial arguments against performance contracts.

The re-introduction of corporal punishment in schools was ruled out on Tuesday by the Education minister, who said it contravened the Children’s Act 2001.

Written By:PPS 

President Mwai Kibaki on Wednesday expounded his long held vision and commitment for Kenya as an open and free society guided by constitutional order.

Speaking at Kenyatta International Conference Centre (KICC) while presiding over the official opening of the Regional Conference on Constitutional Democracy in Africa in the 21st Century, President Kibaki expressed his deep commitment to the freedom of expression among Kenyans to fully utilize their full potential.

President Kibaki said, “I have envisioned a free country where democracy thrives at all levels. In all my political life I have endeavoured to create space for the full expression of our people’s creativity, passion and vitality.”

The Head of State noted that since he assumed the leadership of the country, he seized the opportunity to entrench his vision at the national level adding that a commendable level of openness has begun to take shape in the country.

The President said, “Looking back over the past six years, I dare say that I have witnessed momentous change in Kenya. The people have been changing the Kenyan landscape in fundamental ways. And this change must be captured in the country’s basic law. I want to seize this opportunity to once again assure my fellow Kenyans that I am fully committed to a new constitution.”

President Kibaki said that the enactment of a new constitution would be the utmost gift that his government would hand down to the people of Kenya.

He also called for quick conclusion to the exercise adding that it would form the basis of entrenching the current openness and freedoms being enjoyed by the Kenyan people.

“I therefore view the conclusion of our country’s constitution-making as a pivotal collective objective that will entrench the freedom and openness that has begun to define our homeland,” said President Kibaki.

Regretting that political differences derailed consensus building that subsequently denied the proposed draft constitution full acceptance among Kenyans, President Kibaki expressed optimism that the unity of purpose that has brought all political leaders to work together for the benefit of citizens, would ensure the exercise is concluded soon.

He said, “The road to a new constitutional dispensation has been long and sometimes bumpy. In the National Constitutional Review Conference at Bomas of Kenya, Kenyans gave their views regarding the content of a new constitution…Unfortunately, political differences derailed the consensus building process and the proposed constitution did no get full acceptance of the Kenyan people.”

The Head of State noted that the enactment of two proposed pieces of legislations currently before the National Assembly (Constitution of Kenya (Amendment) Bill, 2008 and the Constitution of Kenya Review Bill, 2008 would establish the necessary organs to help completion of the constitution review.

He, however, credited the attempts made to review the constitution for profound changes achieved in the political and socio-economic spheres in the country.

President Kibaki observed, “Since the search for a new legal paradigm commenced, many fundamental political and socio-economic changes have occurred in our country. We are now a freer, more democratic and open society. Institutions are taking root in our country. A system of ensuring resources reach grass-root communities is germinating.”

The President told the participants that his leadership had guaranteed substantial media freedom and had created conducive environment for a vibrant and dynamic civil society, which have further agitated for more accountability in handling of public affairs.

“A framework of human rights, integrity, accountability and diligent performance of public duties is in place. We are in the process of legislating on the issues of inter-ethnic and race relations as well as truth, justice and reconciliation,” said the President.

In connection to the Vision 2030, the Head of State noted that the vision highlights the government’s commitment to achieve a modernized, rights-based and democratic constitutional order for the benefit of all Kenyans.

President Kibaki, however, noted that long-term government’s programmes could only materialize through achievement of high literacy levels and the equipping of Kenyans with vital skills that would enable them compete favourably in the highly globalizing job market.

“I have placed much emphasis on education because it is the tool that will empower our people to take their rightful place in the competitive global village,’ said the President.

During the event President Kibaki urged the participants to use the vital experiences gained in the past two decades since the re-introduction of multi-party democracy in many African countries to recommend strategies of maximizing the benefits of democracy in the continent.

Speaking during the same occasion, Prime Minister Raila Odinga said he and President Kibaki were determined to fulfill the pledges they made to Kenyans signified by signing of the National Accord to deliver a new constitution to Kenyans while Constitutional Affairs Minister Martha Karua and Attorney General Amos Wako expressed the Coalition Government’s commitment to a new constitutional dispensation.

The President of International Global Engagement (IGE) Dr. Chris Seiple also addressed the conference which was attended by among others, cabinet Ministers and the Head of Public Service and Secretary to the Cabinet Amb. Francis Muthaura .

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API/Source.kbc.ke

Judges defy Prime Minister

By Jibril Adan and Martin MutuaJudges have rejected a proposal by Prime Minister Raila Odinga to introduce performance contracts, saying it would whittle down the independence of the Judiciary as guaranteed by the Constitution.

But Justice and Constitutional Affairs Minister Martha Karua, threw her weight behind Raila saying: “It is time for reforms and when the Prime Minister calls for reforms, they must come.”

On Tuesday, the judges of the High Court and Court of Appeal, led by the Chief Justice Evan Gicheru, were categorical that they would not sign performance contracts.

Chief Justice Evan Gicheru greets Ms Ann Claire Williams, of United States Circuit of Appeal Court, during the official opening of the fifth Judges’ Meeting at Serena Beach Hotel, Mombasa, on Tuesday. Picture: Maarufu Mohamed/Standard

“We hold constitutional offices and until the law is amended, performance contracts for judges would be illegal,” said the CJ after opening the fifth annual Judges Colloquium at the Mombasa Serena Beach Hotel, on Tuesday.

Justice Gicheru said the terms and services of judges were governed by the Constitution and the judges would “strike out” any attempt to introduce contracts for them.

“The unfortunate thing for them is that we are the judges and none of us can file a case against the contracts if introduced,” he said.

Presiding Judge of the Court of Appeal Riaga Omollo was more direct in his opposition to the proposals, equating them to “taking away the independence of the Judiciary”.

“We want to remain firmly independent and in control of the Judiciary. Independence will not be given to us, we must take it ourselves,” he told judges attending the conference.

But in a telephone interview with The Standard, Ms Karua urged the judges to approach the matter with an open mind.

“Reforms which do not conflict with the Constitution and can be undertaken before constitutional review should be carried out with an open mind while the rest can wait for the review process,” she said.

Karua also said unless members of the Judiciary accepted that there was a problem and tackled it, it would persist.

The minister gave the example of Rwanda, which she said had been transformed tremendously after legal reforms and has been able to conclude a huge number of cases.

“We respect the independence of the Judiciary, but what we are saying is that there must be an accountable measure,” said Karua.

Ready to quit

However, the judges remained defiant, vowing: “No one will intimidate judges,” Justice Omollo said. “We will be cowed by nothing, not even you, my Lord (CJ). If it is going, we are ready.”

Justice Omollo, who is the chairman of the Rules Committee and Expeditious Disposal of Cases Committee and sits in for the CJ at the Judicial Service Commission when the CJ is not available, said they were ready to borrow concepts of performance contracts as management tools, but would not accept others to impose it on the Judiciary.

“Despite our past failures, we must secure our independence,” said Omollo.

At the same time, Justice Gicheru defended himself against claims by lawyers that he was running the Judiciary with an iron fist.

“Discipline in the Judiciary will be upheld at all costs,” he told journalists during a break, adding that he was not afraid of any investigation against him.

“There are provisions for the establishment of such probes and I am ready for them if I went wrong anywhere,” he said.

Karua said the Executive and the Judiciary were accountable to Kenyans and, therefore, there must be accountability measures in place.

On Monday, while launching the Public Service Week in Nairobi, Raila said it was time judges and magistrates signed performance contracts, adding that it was only through performance contracts that taxpayers would evaluate the justice system.

Raila also said comprehensive reforms in the Judiciary were necessary to ensure smooth and efficient delivery of services.

He, however, said such radical changes in the Judiciary could only be achieved through change of the Constitution.

The Government policy requires top public servants, including Cabinet ministers, permanent secretaries and chief executives of parastatals, to sign performance contracts.

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API/source.standard.ke

Story by: Kipngeno Cheruiyot
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TENSION is mounting at the Immigration Department after changes were effected in which Director of Immigration Joseph Ndathi has been moved to Foreign Affairs ministry. A source at the department told Kenya Times other senior staff who could be possible targets were fearing of being transferred or sacked after Ndathi’s unexpected transfer to the Foreign Affairs ministry. “There is a general feeling that senior employees could be target of censure as well at the Department following the departure of Ndathi,” said the source.

By Mark Lyndon

While Jonas Gahr Støre, Norway’s tireless foreign minister, was tackling the Russia-Georgia crisis at this week’s NATO summit in Brussels, he also found himself caught up in a home-grown conflict at a much lower level. And he’s at the center of it.

The sun has long been shining on Jonas Gahr Støre, but now he’s caught up in a conflict many view as petty. PHOTO: TRYGVE INDRELID

Støre is widely viewed as the most popular and respected member of Norway’s current coalition government that’s led by the Labour Party. Labour is a party in trouble, though, facing serious challenges from the conservative opposition. Once dominant in Norwegian politics, it’s lately fallen to new lows in several public opinion polls.

Party leaders thus want to front Støre as one of their brightest stars, and secure him a place in Parliament after next autumn’s national election. Even though Støre long has been associated with the Labour Party, he has’t been a career politician and never has held elected office.

Støre clearly has several other top job options should Labour lose next government power next fall, and some are already predicting he’s a prime candidate for senior UN positions, for example. He has indicated a willingness, however, to stick with Labour and become a Member of Parliament.

That’s where the internal party conflict arises. Since Støre lives in Oslo, he’d need to get a top spot on the Oslo chapter’s nomination list of parliamentary candidates. Labour’s Oslo chapter currently has six seats in parliament, but may wind up with only four after the next election.

If Støre is granted one of the top four spots on the nomination list, he’ll likely edge another party member out of the parliament. That’s the cause of internal party bickering, because Støre is a man, and because he’s from the more conservative wing of the Labour Party.

Some Oslo Labour Party faithful fear he’ll end up replacing one of the chapter’s female members who also happens to come from the party’s left-wing. Labour has long championed women in politics, but the inclusion of Støre would leave it with three men (Prime Minister Jens Stoltenberg, Oslo party boss Jan Bøhler and Støre) and just one woman (Marit Nybakk) on the parliamentary ticket.

Critics decry the bickering, saying it’s just another of the petty internal quarrels that routinely plague Labour. They contend they can’t risk losing Støre over the issue.

Støre can, they fear, quickly tire of such local wrangling and extract himself from the conflict. He has, after all, many other career options and may prefer tackling global issues on an international stage to dealing with party infighting in Oslo.

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API/Source.aftenposteneng

The bishop of the Norwegian state church in Stavanger has unwillingly made church history by being the first in his position to face a bankruptcy petition. Both he and the church claim it’s a private matter. Others aren’t so sure.

Stavanger Bishop Ernst Baasland is facing a personal bankruptcy drama. PHOTO: IDA VON HANNO BAST/SCANPIX

Never before has anyone filed a bankruptcy claim against a Norwegian bishop. But it’s happened now in the county of Rogaland, on Norway’s west coast, after relatives of Stavanger Bishop Ernst Baasland filed legal papers demanding that Baasland and his wife Bodhild be declared bankrupt with the corresponding loss of control over their own financial affairs.

Newspaper Aftenposten reported Wednesday that the couple had borrowed millions of Norwegian kroner from Bodhild Baasland’s cousin over the years, Finn Finsnes. It’s not clear what the money was used for, but the Baaslands haven’t managed to pay it back. Finsnes, who runs an investment company, declined comment.

Baasland told newspaper Rogalands Avis that he’s not directly involved in the case but put up a guarantee for one of the loans. He declined to go into detail, but described the bankruptcy drama as “tragic and sad” for both families.

Even though the bankruptcy filing against Baasland is personal, and doesn’t directly involve his work as a bishop, he has gone off on sick leave paid for by the church and state. “I am healthy, but because of the situation, my doctor recommended that I go on sick leave until the end of August,” he said.

It’s become common in Norway for everyone from salaried workers to top government officials and business executives to go on sick leave when they suddenly find themselves under pressure. Baasland’s use of sick leave allowances is the latest example of taxpayers being left holding the bill, even when the cause of the “sickness” is personal.

Dilemma over personal and public roles
Theology professor Dag Thorkildsen at the University of Oslo told Aftenposten that it shouldn’t be so easy to separate the private person from the public servant in a bishop’s role, since they’re intertwined. “This is a very unusual situation, and it sounds amazing that he could have gotten into this kind of trouble,” Thorkildsen said.

Thorkildsen, a church historian, said Baasland has always been a conservative theologian and is attached to the right wing of the Norwegian State Church. “There are two things that can make a bishop fall in the Norwegian churce, sex or money,” he told Aftenposten.

Top church officials indicated the bankruptcy case wouldn’t have any direct consequences on Baasland’s job as a bishop, since it didn’t involve the church. “This is an unfortunate case that can weaken his reputation,” Svein Arne Lindø, a member of the bishops’ council in Stavanger, told newspaper VG. “but it doesn’t weaken my confidence in him as a bishop.”

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API/Source.aftenposteneng

Russia, apparently stung by NATO’s condemnation of its military action in Georgia, plans to cease all military exercises with Norway and other NATO members.News organization Aftenposten has received confirmation that Russian authorities informed the Norwegian Foreign Ministry Wednesday afternoon that officials in Moscow were about to send a “note” to Norway and all other countries that are members of the NATO military alliance.

The note, according to Aftenposten, will advise NATO members that Russia was immediately halting, cancelling or postponing all planned military cooperation with NATO’s members.

Russia’s relation to NATO would then be evaluated, reported Aftenposten.

The warning from Russia signals a further deterioration in relations between Russia and western nations.

It comes a day after NATO members meeting at a summit in Brussels criticized Russia’s military aggression in Georgian territory and voted to suspend cooperation with NATO’s Russian council.

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API/Source.aftenposteneng