[kictanet] DIASPORA ORGANIZATIONS PRESENT FOREIGN AFFAIRS MINISTER WITH PETITION FOR INCLUSION ON MATTERS OF NATIONAL IMPORTANCE – WEDNESDAY, 5TH JANUARY, 2010

Shem Ochuodho shemochuodho at yahoo.com
Thu Jan 6 15:51:21 EAT 2011


Several Diaspora organizations today presented a petition to the Government of 
Kenya through the Minister for Foreign Affairs seeking their rightful inclusion 
in all matters of national importance. The petition, signed by 5 Diaspora and 
Diaspora-centred groups including Diaspora Movement of Kenya (DMK), Kenya 
Community Abroad (KCA), Kenyans for Change (K4C), Kenya Global Unity (KGU) and 
New Vision Kenya (NVK-Mageuzi), together among them representing more than 90% 
of Kenyans belonging to recognized, registered global associations was received 
on the behalf of the Acting Minister Prof. George Saitoti by the Substantive 
Assistant Minister, Hon. Richard Moima Onyonka, among other senior Ministry and 
government officials, including an officer from the Government Communications 
Office in the Presidency.
 
The open petition, addressed to the entire leadership of the Republic beginning 
with H.E. the President, Rt. Hon. Prime Minister, H.E. the Vice President, 
Speaker of the National Assembly, Hon. Justice Minister, the Chief Justice, etc, 
is also copied to All Hon. Members of Parliament and Media Houses. It stipulates 
the growing importance of Diaspora contribution to our socio-economic, 
technological and cultural development as a people, noting that more than 3 
million Kenyans are presently domiciled beyond our borders, remitting into the 
country in excess of KShs 150 billion (US$ 1.8 billion) into the economy every 
year according to official figures, way above what any donors or sector of the 
economy (agriculture or tourism included) brings in terms of foreign exchange, 
yet the place of Diaspora is yet to be appropriately recognized and anchored.
 
The group, led by NVK-M’s Convenor, Dr Shem Ochuodho, KCA’s Outgoing President, 
Mr Gichane Muraguri, and K4C’s Global Treasurer, Mr Peter Arasa and including 
representatives from nearly all the world’s 5 continents – North America, 
Europe, Asia (including the Pacific), Middle East and Africa – highlighted five 
major issues requiring urgent government intervention, namely:-
 
1.     Immediate arrangements by the Interim Independent Electoral Commission of 
Kenya (IIECK) to seek ways of registering Kenyan Diaspora in next year’s general 
elections either by declaring embassies and consulates as polling centres, or 
even better by introducing electronic and online voting (e-voting). The group 
recognized that in a court ruling during the recent constitutional referendum, 
the IIECK and other relevant arms of government were actually directed to do 
this;
2.     Involvement of eligible Diaspora in strategic national commissions and 
committees, including the Judicial Service Commission (JSC), the Constitutional 
and Legal Reforms Implementation and Monitoring Committees, and other existing 
and future trade, economic, scientific, cultural and professional committees and 
commissions. In so doing, they reiterated that merit should prevail over any 
other considerations and that Diaspora should not be favoured in such 
appointments, but equally they should not be excluded or discriminated against 
being treated as second-rate citizens;
3.     Based on the principle of ‘No Taxation without Representation’, they 
urged the Government and in particular the successor to the Ligale Commission 
(the anticipate Independent Boundaries and Electoral Commission) and Parliament 
in creating the 80 additional constituencies to reserve 5 (for the 5 continents) 
for Diaspora Representatives. Indeed, recognizing that numerically they are more 
than any single constituency or County, within the context of the new 
constitutional dispensation they should be considered as Kenya’s 48th county. 
They enumerated several countries where such provisions already exist world 
over;
4.     They called for mindset-change among all Kenyans – whether Diaspora or 
home-based – in the way each group perceives and treats the other. They 
committed to continue with engagement among their members who might look down 
upon in any way some of their home-based counterparts to forthwith see all 
Kenyans as one integral people, and in the same vein appealed to the Government 
and home-based counterparts, relatives and colleagues to also inculcate positive 
attitude about their countrymen and women domiciled beyond Kenya’s jurisdiction; 
and
5.     To improve engagement with the Government and home-based counterparts, 
they called for the establishment of Diaspora Liaison Offices in all sections of 
the world where there are significant numbers of Kenyans, and the consideration 
of Honorary Consuls where qualified and meriting Kenyans have become ‘senior 
citizens’ of countries of domicile.
 
In his response, Minister Onyonka, himself a former Diaspora appreciated the 
delegation, welcomed the petition and promised to bring it to the attention of 
the relevant government authorities. He indicated that some of the matters 
raised are already within the purview of the Ministry, including the plan to 
appoint a few Honorary Consuls in deserving areas once the legal and 
administrative instruments are complete. He further indicated that in 
recognition of the importance of Diaspora not only in numerical and 
socio-economic terms, but also as Kenya’s unofficial ambassadors, the Ministry 
has already created a Diaspora Desk with a senior officer as its head, and that 
the Government is already working on a Diaspora Bill which will look into most 
of the issues raised. He further confirmed that the Ministry is holding 
preliminary consultations with the IIECK in how best realistically to have 
Kenyans abroad participate in future in the governance of the country, including 
in elections and referenda.
 
Further engagement is expected in the future, even as the Diaspora organizations 
themselves explore more effective, efficient and inclusive ways of engagement, 
with the possibility of an Umbrella Diaspora Alliance emerging. They thanked the 
Ministry for the warm reception, looking forward to deserving attention and 
speed in tackling the matters raised.
 
Attached is a copy of the Official Petition.

---- Begin Attachment ---

Inclusion of Kenya’s Diaspora Representatives in the new Judicial Service 
Commission (JSC), other constitution implementation committees, and generally in 
Kenya’s socio-economic and cultural development
 
PETITIONERS REQUIREMENT:Inclusion of Kenyan Diaspora Representatives in 
strategic committees, commissions and other national duties of paramount 
importance.
 
To:
 
1.         H.E. THE PRESIDENT OF THE REPUBLIC OF KENYA
HARAMBEE HOUSE, HARAMBEE AVENUE
P.O. BOX 62345 – 00200
NAIROBI, KENYA
 
2.         THE RT. HON. PRIME MINISTER OF THE REPUBLIC OF KENYA
            SHELL HOUSE, HARAMBEE AVENUE
            P.O. BOX 74434
            NAIROBI, KENYA
 
3.         H.E. THE VICE PRESIDENT OF THE REPUBLIC OF KENYA
JOGOO HOUSE ‘A’, TAIFA ROAD
            P.O. BOX 30478 – 00100
NAIROBI, KENYA
 
4.         HON. SPEAKER OF THE OF THE NATIONAL ASSEMBLY
PARLIAMENT BUILDINGS 
P.O BOX 41842 – 00100
NAIROBI, KENYA
clerk at parliament.go.ke 
(254-2) 2221291 or 2848000 
(254-2) 2243694
 
5.         HON. MINISTER OF JUSTICE & CONSTITUTIONAL AFFAIRS
            COOPERATIVE BANK HOUSE, HAILE SELASSIE AVENUE
            P.O. BOX 56057 - 00200
            NAIROBI, KENYA
 
6.         HON. MINISTER FOR FOREIGN AFFAIRS
            OLD TREASURYBUILDING, HARAMBEE AVENUE
            P.O. BOX 30551 - 00100
NAIROBI, KENYA
 
7.         HON. ATTORNEY GENERAL 
SHERIA HOUSE, 2ND FLOOR 
P.O. BOX 40112 - 00100 
NAIROBI, KENYA 
TEL. 227461 EXT 37419
 
8.         THE HON. CHIEF JUSTICE
            HIGH COURT OF THE REPUBLIC OF KENYA
            LAW COURTS, TAIFA ROAD
P.O. BOX 30041
            NAIROBI, KENYA 
 
9.         HON. CHAIRPERSON
            PARLIAMENTARY COMMITTEE ON JUSTICE & LEGAL AFFAIRS
PARLIAMENT BUILDINGS 
P.O BOX 41842 – 00100
NAIROBI, KENYA
 
10.       HON. CHAIRPERSON
PARLIAMENTARY OVERSIGHT COMMITTEE ON IMPLEMENTATION OF THE CONSTITUTION
PARLIAMENT BUILDINGS 
P.O BOX 41842 – 00100
NAIROBI, KENYA
 
 
 
PETITION BACKGROUND
 
Importance of the Judiciary, the Legal Sector and the Place of the Diaspora: The 
passage and promulgation of the New Constitution lends Kenya a unique and rare 
opportunity to correct the wrongs of the past, including inequality and 
injustice, to become once again a leading light among nations of the world. As 
is widely acknowledged, whereas a nation can thrive with an under-performing 
executive or legislature, it can hardly survive with a below-expectation 
judiciary. It is with this importance that we view the ongoing legal and 
constitutional reforms with great keenness. With over 3 million Kenyans believed 
to be in foreign lands, remitting on average over US$ 1 billion (KShs 80 
billion) a year, their importance to our present and future needs no gainsaying. 
Hitherto, the Government of Kenya has largely turned a blind eye on them. Yet 
this is in spite of being a signatory to the African Charter on Human and 
People’s Rights, the Universal Declaration of Human Rights, as well as the 
International Covenant on Civil and Political Rights (among others), whose 
Article 25 holds that:-
 
Every citizen shall have the right and opportunity … without unreasonable 
restrictions: (a) to take part in the conduct of public affairs, directly or 
through freely chosen representatives; etc.
 
Article 2(1) of the International Covenant on Economic, Social and Cultural 
Rights avers that:-
 
Each State Party …. undertakes to take steps, individually and through 
international assistance and cooperation, and especially economic and technical, 
to the maximum of its available resources, with a view to achieving 
progressively the full realization of the rights recognized in the Covenant by 
all appropriate means…. 

 
We are deeply perturbed not only at the apparent throwing merit out of the 
window in the ongoing appointments of Committees and Commissions, instead 
replacing it with deal-making between the two major partners in the Coalition, 
patronage, dynasty and other known ills that have over the years denied Kenya 
the opportunity to excel, but also the total exclusion of Diaspora 
representation in all this.    
 
 
JSC role and importance of Diaspora inclusion in the decision making process: In 
the recently promulgated constitution of Kenya Articles 171 to 172, the 
Establishment of the Judicial Service Commission (JSC), its functions and the 
mechanisms of appointments of the commissioners are well explained. Briefly, the 
Commission should consist of the Chief Justice, who shall be the chairperson, 
one Supreme Court judge elected by the judges of the Supreme Court; one Court of 
Appeal judge elected by the judges of the Court of Appeal, one High Court judge 
and one magistrate, one a woman and one a man, elected by the members of the 
association of judges and magistrates, the Attorney-General, two advocates, one 
a woman and one a man, each of whom has at least fifteen years’ experience, 
elected by the members of the statutory body responsible for the professional 
regulation of advocates; one person nominated by the Public Service Commission; 
and one woman and one man to represent the public, not being lawyers, appointed 
by the President with the approval of the National Assembly. The duties of 
Commission includes:- promotion and facilitation of the independence and 
accountability of the judiciary, promotion of transparent administration of 
justice, recommending persons for appointment as judges, receiving complaints, 
investigating and removing judicial officers, preparing and implementation of 
programmes for the continuing education of judges and judicial officers, 
advising the national government on improving the efficiency of the 
administration of justice among others. These duties are primary to all Kenyans 
hence the appointments should net a wide range of talents including the already 
known reservoir of the highly trained/qualified Kenyans currently fitting the 
description of a Kenyan Diaspora – or at a minimum, seek their views on the 
same. 

 
The justification of the Kenyan Diaspora consideration is based on the current 
statistics on the Diaspora constituency and their contribution to running of the 
economy of our country. With remittances ranking the second highest source of 
foreign exchange and contributor to growth of our national economy only after 
tourism we cannot continue to treat them with disdain. Among the Kenyan 
Diasporas are highly qualified Lawyers, Engineers, Scientists, Medical Doctors 
and others currently constituting the well documented brain drain phenomenon 
observed in many African countries. While this constituency has worked very hard 
in development of the country and has publicly indicated their interest in being 
contracted/included in the processes that are of high value to Kenya such as JSC 
committee constitution, it appears the government has some level of lethargy 
when it comes to their inclusion in the Kenya decision making process. Indeed it 
saddens many that expatriates who absolutely lack the passion and patriotism for 
Kenya have been preferred over them. Kenya is losing a battle that every country 
would love to win if it continues to exclude some of her brightest brains. Many 
cases abound to learn from in terms of maximizing Diaspora input: India, 
Malaysia, Ethiopia, Rwanda, China, UK, just to mention a few.
 
The purpose of this petition therefore is to ask His Excellency the President, 
the Rt. Hon. Prime Minister, the entire Executive Branch of Government, and the 
Legislature to ensure inclusion of Diaspora Representatives in strategic 
committees and commissions including JSC for the purposes of (1) Recognizing the 
Kenyan Diaspora Constituency (2) Utilizing patriotic highly qualified human 
resources. In so doing, merit and diversity should never be compromised under 
any circumstance, and replaced instead with mediocrity, political expediency and 
ethnic bigotry. We seem to forget that we can have no better or worse 
‘Ambassadors’ in foreign lands than these Diaspora.
 
 
PETITION
 
We the undersigned call upon the President of Kenya, Prime Minister of Kenya and 
the Kenya Legislature to ensure inclusion of Kenyan Diaspora Representatives 
into the JSC and all other future and existing strategic committees and 
commissions. We believe this is in the spirit of recognizing the Kenyan Diaspora 
constituency contributions to Kenya’s development and working towards attracting 
highly trained patriotic services and investment.
 
LEAD PETITIONERS
1.      KENYA GLOBAL UNITY (KGU)
438 EAST 29TH STREET
PATERSON NEW JERSEY-USA 07515
 
2.      NEW VISON KENYA (NVK-MAGEUZI)
P.O. BOX 333, JUBA, SUDAN
OR P.O. BOX 58638-00200, NAIROBI, KENYA
 
3.      KENYANS FOR CHANGE (K4C)
3317 FINLEY RD #257
IRVING, TX 75062 
USA
OR CORNER HOUSE, NAIROBI, KENYA
	1. DIASPORA      MOVEMENT OF KENYA (DMK)
33 PILOT HILL DRIVE
SAINT PETERS, MISSOURI 63376
USA
 
5.      KENYAN COMMUNITY ABROAD (KCA)
P.O. BOX 850431,
BRAINTREE, MA 02185,
USA
 
SIGNATURES
 
  ORGANIZATION AUTHORIZED OFFICER POSITION SIGNATURES 
          
1. Kenya Global Union Mr. Alex P. Momanyi President Attached 
          
2. New Vision Kenya - Mageuzi Dr Shem Ochuodho Co-Convenor Signed 
          
3. New Vision Kenya - Mageuzi Mr. Robert Kimathi Co-Convenor E-Signature 
          
4. Kenyans for Change Mr. Hebron Mosomi Chairperson Attached 
          
5. Diaspora Movement of Kenya Mr. Robinson Gichuhi Global Chair E-Signature 
          
6. Kenya Community Abroad Mr. David Otwoma Member Rep Signed 
          
7. Kenya Community Abroad Ms Margaret Wamuhu Member Rep Signed 
          
8. Kenya Community Abroad Mr. Gichane Muraguri Member Rep Signed 
          
9. Kenyans for Change Mr. Peter Arasa Finance Dir Signed 
          
10 Kenyans for Change Mr. Peter Ndolo Local Rep Signed 
          
11 New Vision Kenya - Mageuzi Mr. Ochieng’ Nyamogo Member Rep In person 
          
12 Kenya Global Union Mr. Evans Machera Member Rep E-Signature 
          
13 New Vision Kenya - Mageuzi Mr. Mike Osio Org Secretary In person 
          
          
          
 
 
 
COPIES:         ALL HON. MEMBERS OF PARLIAMENT
                        LAW SOCIETY OF KENYA (LSK)
                        MEDIA HOUSES
 
 
Dated: 15th December, 2010

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