Something is brewing at the Kenya Police Airwing and it ’s not smelling too good. Documents have come to light regarding the award of a US$12.8 million (Ksh 840 million) contract to overhaul 4 Russian built helicopters operated by the Kenya Police Airwing.

Ishmael Reed Publishing Co. is looking for new (and preferably not published elsewhere) short stories by Kenyan authors to be published in January 2008. Translated work from any of the Kenyan languages into English is particularly welcome. The submission deadline is July 15, 2007.

The Programme Specialist is responsible for: Supporting implementation of projects in the Rule of Law and Security (ROLS) Programme area; Ensuring high quality monitoring and evaluation, reporting and oversight/quality control for the ROLS programme area; Coordinating the monitoring of progress on Country Programme outcomes and outputs; Liaising and strengthening partnerships with other UN agencies, government officials, technical advisors and experts, multi-lateral and bi-lateral donors and Somali civil society; Providing policy and programmatic advice and facilitating knowledge management. Closing Date: 27 June 2007

ACORD is in process of streamlining and focusing her interventions to the four thematic areas of livelihoods, HIV/AIDS, gender and conflict. ACORD is implementing a Pan African advocacy programme on food sovereignty and overall thematic strategies. Similarly ACORD's country and regional strategies are being thematically aligned. In this context the volunteer will contribute towards aligning grants with ACORD's strategic objectives.

Kenyan Writers – Call for Submissions (deadline approaching)

Ishmael Reed Publishing Co. is looking for new (and preferably not published elsewhere) short stories by Kenyan authors to be published in January 2008. Translated work from any of the Kenyan languages into English is particularly welcome. If you haven't already, please send your short story, accompanied by a brief author biography, to the anthology editor, Mukoma Wa Ngugi, at [email][email protected] with the subject heading, Kenya - new short fiction. The submission deadline is July 15, 2007. The file should be attached, in MS Word and not more than 20 pages double-spaced.

The steering committee for the Kenya Telecentre Network (KTN) held its first meeting at Ugunja Community Resource Centre (UCRC), a telecentre located in the western part of Kenya. The main aim of the UCRC meeting was to review both the Uganda and Benin deliberations and chart a way forward on how to strengthen the Kenya Telecentre Network with a view to bridging the digital divide between rural and urban communities in Kenya and most importantly, managing and sustaining telecentres in rural areas.

Rights group Amnesty International condemned Kenyan police on Tuesday for the execution-style killing of more than 30 people in last week's crackdown on the deadly Mungiki gang in a Nairobi slum. Hundreds of police officers went into the Mathare shanty-town on two raids, shooting dead at least 33 people they said were suspected members of the Mungiki criminal ring that runs extortion rackets and beheads its enemies.

Two months ago, Mombasa was given a rare treat to Eric Wainana live at the Little Theatre Club in a bid to revive and restore this jaded cultural monument. In addition to Eric’s dynamic performance, the crowd were elated to see and hear the captivating voice of a rather unique talent in Kenya. Barefooted and hair-plaited, the young man walked on stage with his guitar and was welcomed by a frenzied crowd. His ability to reach every musical pitch coupled with the smooth simplicity of his songs had me mesmerised. I claimed ignorance and asked who it was:'“Harry Kimani of course!'

A month later, we were surprised to find out that Harry would be playing at the Bamburi Forest Trails over the Easter weekend. We immediately postponed our travel plans and made our way to the venue. Despite the rather unfortunate turn out, Harry was not dissuaded in the least. Dressed in a full 3-piece tuxedo, he stood firm and gave us a virtually private showing with all his heart and voice. There is something nostalgic about his music that leaves you beckoning to relive a special moment in your life. There is no clatter or distraction which leaves a lot to be admired, for he has to live up to his talent to make it a successful performance. But it is his version of the National Anthem that really triggers my emotions, leaving me with a tearful pride in being a Kenyan.

Weeks later, he reappeared at the Little Theatre Club but this time there was no evidence of a big star playing in our town. Harry Kimani is undoubtedly one of Kenya’s most popular upcoming musicians who in addition to having record sales amongst the top five in the country, has also performed in several countries around the globe. Yet, he retains his modesty everywhere he goes just like the first time I saw him playing barefoot. I asked him what’s keeping him at the Coast: 'I’m trying to teach music and put a CD together with the children from Wema Centre so I will be around for a while and I love this place.' Through his work with Wema, Harry was so inspired that he is now establishing a foundation to teach music to less privileged children. I was sold. Not many Nairobi residents can stand our relaxed sea pace beyond their beach holiday and dedicate their time to something as meaningful as this.

Once again he performed to a much smaller regular crowd giving it all his soul. Under the dim coloured bulbs, we sat on the ageing couches and listened to his magical voice. He has become a regular face at the Theatre Club and is always willing to pick up his guitar and play a song or two. There is unquestionably a lot of talent in this country and plenty from within Mombasa. It is only a question of seeking it out and opening up our minds to what is truly Kenyan.

Severed heads displayed on poles, savagely mutilated bodies and dozens of deaths have sparked alarm in Kenya as a secret criminal society goes on the rampage and police launch bloody retaliation. With presidential elections little more than six months away, the crisis has sparked a fierce row between government and the judiciary, set politicians at each others' throats and brought calls for emergency rule in affected areas.

Since 1963, corruption has begat corruption in the successive governments of Kenyatta, Moi and Kibaki, as a silent majority watched hoping against hope that they would not be affected. Pastor Martin Niemöller described this phenomenon - the assumption of the ostrich position by collectively burying our heads in the sand as the fruit of inaction ripens.

The role of information and communication technologies (ICT) in improving education throughout Africa has been in the spotlight over recent days at the e-Learning Africa Conference. An annual event, the gathering was held in the Kenyan capital of Nairobi this year (May 28-30), bringing together participants from across the globe.

Placental and infant malaria protect HIV-infected infants against early childhood deaths, according to the findings of a longitudinal study published in the July 1st edition of The Journal of Infectious Diseases. But the study found that infant anaemia was a significant risk factor for postneonatal infant mortality (PNIM) in HIV-negative children of HIV-positive women.

Under the guidance and direct supervision of the Country Director, the Communications Specialist implements the corporate communications strategy; designs, manages and facilitates the implementation of the Country Office communications and publication strategies with a view to influence the development agenda, to promote public and media outreach and to mobilize political and financial support for UNDP. Closing date: 25 Jun 2007.

The right to information underpins and is the cornerstone of all other human rights. Priscilla Nyokabi assesses the newly proposed Freedom of Information Act of Kenya.

The Kenyan section of the International Commission of Jurists (ICJ) and the Freedom of Information Network celebrates the dawn of an era in Kenya marked by the introduction of the Freedom of Information Bill, 2007 in parliament yesterday, 17 May 2007, by Hon. Gideon Moi on behalf of Hon. Prof. Anyang’ Nyong’o.

The painstaking efforts of the Freedom of Information Network of drafting and publicising the Freedom of Information Bill have finally come to fruition through the tabling of the bill. This has been an ongoing campaign since the year 2000 spearheaded by ICJ-Kenya in consultation with various stakeholders, members of the Freedom of Information Network, and supported by many Kenyans countrywide. The 9th parliament has brought us to the peak of the Right to Know Campaign by embarking on the legislative process.

We are happy to note that even the government is keenly committed to this cause, as evidenced by the publication of the recent Draft Kenya Freedom of Information (FOI) Bill 2007. Indeed all stakeholders are reading from the same script, the government, the media, the civil society, MPs and all Kenyans of good will. We therefore envisage a smooth passage of the bill long before elections.

The published bill has very progressive provisions. It promises to usher in an era of openness, transparency and accountability in Kenya. Enactment of the FOI Act will confirm Kenya as a leading democracy in Africa, and among the top five countries to have an FOI Law. Only South Africa, Angola and Uganda have access to information regimes.

We are now at the finishing line towards having an FOI Act in Kenya. The clock is ticking and we urge all members of the 9th parliament both in opposition and in government to rise to the occasion and put the interests of this great nation forward by enacting the bill in its entirety.

Why an FOI law?

There are many reasons for having freedom of information legislation: to make government more accountable, increase public participation, promote the involvement of all in public life, including those currently marginalised, like women; to make private companies more accountable, monitor and expose corruption, lead to better decision making, protect privacy, expose human rights violations, and promote workers' rights; and to make the country more secure. Access to information is instrumental to parliament's oversight role.

Access to information makes the government more sensitive and responsive to the needs and demands of the ordinary people. A freedom of information law increases public participation, because the public can regularly engage with government officials and parliamentary representatives.

Freedom of information entails the rights of citizens of a country to access official information held or in the custody of their government. It invokes an obligation on the government to facilitate easy access to information under its docket, and, significantly, to publish important information pro-actively and regularly for the general public.

Good governance, an essential component of any thriving democratic state, is premised on a system of openness, trust and government accountability. This can only be achieved if the public is involved in the process of governance. If the general public knows the functions, policies and decisions made, they can question the government on the basis of the information obtained, and, most importantly, the reasons for the government’s actions. It is thus necessary that the government develops a clear policy on the freedom of information in a bid to ensuring that subsequent legislation – freedom of information laws - are implemented effectively and based on accepted international principles and best practices.

The right to information underpins all other human rights; it is the cornerstone of all other rights. The right is encapsulated in the 1948 Universal Declaration of Human Rights (UDHR) under Article 19. It is similarly enshrined in the International Convention of Civil and Political Rights (ICCPR), to which Kenya is a party.

Though the Kenyan constitution does not expressly provide for the freedom of information, section 79 of the constitution makes provision for the freedom of expression which includes among other things: ‘freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of person)’.

The right to information is enshrined in the section 79 of the constitution, which provides for freedom of expression. The right is however derogated from through various pieces of legislation, chief among them is the Official Secrets Act. This position was sought to be corrected in the draft constitution, article 51 of which expressly provides for the right of access to information, and requires an enabling law be enacted within six months of the coming into force of the new constitution.

As can be reasonably inferred from the constitution, the right to receive ideas and information without interference affords the citizens of Kenya a right to access information, including government information. Similarly Kenya has ratified and adopted the UDHR and the ICCPR; and the government is under an obligation to promote and preserve the right to information. One end of achieving such means is by putting in place the necessary policies to promote the right and the enactment of a freedom of information law to guarantee the said right to the citizenry.

The implementation and operationalisation of both a policy and freedom of information law will be the essential building blocks towards creating an open, free and accountable culture in Kenya and the foundation of a successful democratic state.

International principles and best practices

For the proposed freedom of information policy 2007 to be effective in implementing a FOI regime, they must be premised on international principles and best practices, which have been developed over the years by countries that have adopted FOI laws, borne out of their experiences in respect to operationalising the enjoyment of the right to know. As we are getting into FOI jurisprudence after many other countries, let us learn from them and adopt best practices.

In borrowing international practice for the FOI regime, let us borrow from the most progressive jurisdictions in application of the FOI Law. Australia and United Kingdom are known to be conservative regimes. South Africa and India provide more progressive models. Let us at look at drawing lessons from closer home in South Africa.

There are the minimum standards that any proposed FOI law should adopt in order for a state to fulfil its obligations of promoting and preserving the right to information. These principles are set out below.

Maximum disclosure

This principle provides for a strong presumption in favour of disclosure of information. Simply put, it advocates for the disclosure of all government or public information. It covers the access of information in all public bodies and private bodies that carry out public functions or where their activities affect the public rights or civil liberties.

Under this principle disclosure and access to information is the norm; the exception being non-disclosure. In addition this principle imposes an obligation on the state to pro-actively and regularly publish information in its possession without any prompting from the public. It establishes minimum standards under which public records are to stored and maintained by public bodies. It provides for offences for the obstruction of access of information or the wilful destruction of records.

Minimum exemptions

Closely linked to the principle of maximum disclosure, this principle advocates for limited exceptions of information that should not be disclosed. It provides that exceptions should be precise and narrowly drafted to protect a legitimate interest from harm, often referred to as the ‘harm’ and ‘public’ test. Exceptions should be based on the content rather than on a particular class such as ‘national security’. In short, no blanket exemptions are allowed. A refusal to disclose information must be justified by a public body and should meet a strict three-part test, including:

* information must relate to a legitimate interest/aim listed in the law
* disclosure must threaten to cause substantial harm to that aim
* the harm to that interest must be greater than the public interest in having the information disclosed.

It should be noted that even though the information in question meets the above mentioned three-part test, it might still be disclosed if it is shown that the public interest in disclosing that information is greater than the harm that may befall the protected interest. This is what is referred to as the public override test.

Simple, easy and inexpensive access

Any freedom of information law should provide for a mechanism for simple and cheap access to information. The process of deciding upon requests for information should be defined at three main stages: within the relevant public body; appeals to an independent administrative body; and an appeal method to the courts. Where applicable, the provision should ensure full access to certain disadvantaged groups such as the disabled. The cost of obtaining information should not be dear as to prevent the realisation of the objectives of the law.

Promotion of open government

This principle mainly advocates the promotion of the right to information by the government, and creating a culture of openness within government circles. This entails the provision of public education, dissemination of information relating to FOI to the general public, informing the public about the scope of the information that is covered by the law, information available and the manner in which the public may exercise their rights.

In addition, this principle places an obligation on the government to provide training to their officers on the freedom of information, the scope of the right, procedures for allowing access of information to the public, maintenance and preservation of public documents, information that should be pro-actively disclosed and the scope of whistleblower protection.

Disclosure takes precedence

This international principle simply provides that existing laws, which are in contrast with the principle of maximum disclosure, should be amended or repealed. That other laws relating to the maintenance, publication or dissemination of public information should be construed in a manner consistent with the FOI law. Where inapplicable, such information should be dealt with subject to the principles espoused by the freedom of information legislation.

Whistleblower protection

An effective freedom of information law should make provision for the protection of whistleblowers. Whistle blowers as the name suggest refers to government employees or third parties privy to government functions who disclose information of wrong doing by government officials, information which is the subject of exemption. This people perform the function of early warning and complement investigators roles. Such people should be properly protected from reprisals from government officials or penalisation, as a result of their actions, so long as they act reasonably and in good faith.

Conclusion

The FOI Bill 2007, when enacted into law, promises to usher Kenya into an era of openness, transparency and accountability. Access to information is the key pillar of democracy. It will facilitate public participation in public affairs, as noted by President Mwai Kibaki in 2005:

‘…more importantly, the free flow of news and information is one of the hall marks of a functioning democracy. An informed society is able to better participate in design and execution of public policies. It is also more resourceful and creative in addressing social challenges. Such a society is therefore, better placed to increase productivity and prosperity...my Government is, together with media and other stakeholders, drafting a Freedom of Information Act, to bring the legal framework in line with current realities. These and other initiatives are meant to enhance the ability of the people of Kenya to exchange ideas, question the Government, contribute to national development and be part of a truly democratic state.’

The above is a reflection of the promises we are asking all our leaders to keep in bringing Kenya in line with the current realities. Kenya should join the other 70 countries in the world that have enacted freedom of information laws.

* Priscilla Nyokabi is programme officer for the Kenyan Section of the International Commission of Jurists

* This is an edited version of a longer paper which is available at the Pambazuka News website (http://www.pambazuka.org/en/category/comment/41846)

* Please send comments to [email protected] or comment online at www.pambazuka.org

People with disabilities have special communication needs that are often not catered for in Kenya's training institutions. United Disability Empowerment is trying to change this. They are urgently looking for an ICT trainer with experience in communication aid programmes to deliver comprehensive computer courses to people with communication disabilities.

A USAID study findings show that teachers are in need of teacher-centred programmes that provide education and services related to HIV prevention, care and support, and stigma reduction. As part of their Millennium Development Goals, the United Nations seeks to achieve “Education For All” by 2015. It is estimated that the number of teacher deaths in Kenya tripled between 1995 and 1999, with HIV and AIDS thought to be the largest contributor to teacher mortality (Kelly 2000).

In 1981, the Kieni East Divisional Land Control Board endeavoured to make an estranged wife — Margaret Mumbi — the joint owner of 37 acres of prime agricultural land in Naromoru settlement scheme. Little did the board know that a woman could not sue her husband over land whose acquisition she did not contribute to materially during his lifetime. Twenty six years later, the Court of Appeal, in support of a High Court decision in 2002, says the land control board has no power to award land.

Satellites still provide a communications lifeline for a large proportion of Africa’s internal and external voice and data traffic. And wireless broadband technologies are increasingly providing the continent’s intermediate and last mile links. SatWiBB Africa is the first conference to cover both ends of this increasingly integrated and converging communications paradigm.

The history of cartooning in Kenya, as it is elsewhere in Africa, is indeed a work in progress. Little has been written on Kenyan journalism, and even less on cartooning. A generation ago, Kenya hardly had any cartooning significance. But in the last two decades, cartoonists have taken the media by storm. Today, all the major newspapers in Kenya feature political and comic strips. This publication sets out this history and also explores the impact cartooning has had on the political development of the country. The booklet is compiled by Patrick Gathara of the Association of East African Cartoonists (KATUNI) and funded by the Friedrich Ebert Foundation. Orders to Patrick Gathara ([email protected])

Community Learning Resource Centres (CLRC) are facilitied, initiated and managed by their communities. They aim to increase access to learning opportunities and facilitate activities which increase self-reliance. A CLRC is expected to catalyze community mobilization for the purpose of learning and earning. In 2004 UCRC partnered with Rambula Community Library and the Department of Adult Education to facilitate the creation of 16 CLRCs across Siaya district.