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Should the chiefs remain?
Rank: Elder Joined: 7/1/2011 Posts: 8,804 Location: Nairobi
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simonkabz wrote:tycho wrote:richdad wrote:According to Kaguthi (Former Nairobi PC and NACADA boss) provincial administration do solve over 75% of disputes in Kenya.
Does it mean that Kenyan will have to travel miles to get burial certs and report petty disputes like land boundaries. We should accept that our society is not that enlightened and the bureaucracy of courts plus corrupt lawyers would make most people shy away from them. Kenyan court process is also too expensive for a commom mwananchi.
The county gvt will be run by politicians who might at times not be at par with the Nairobi government. Disputes will also be biased on where they get support.
The 'installation' of the chief was a resultant of political forces at a certain time. But now we should not simply say whether chiefs should go or not, but we should also interrogate the political context and the roles needed to be played by government at the smallest administrative unit. One may argue that we are not an advanced country, but he will not be aiding his argument, for the facts of history are showing otherwise. We certainly have more educated citizens than we had in 1963. And besides, we do not need even a half of the citizenry to be 'enlightened' to create enlightened systems. What kinds of conflict are we going to experience in the villages? Are villages the same as estates? Besides is an urban slum equal to a village? What kind of leadership is the chief providing? Is it 'pro-people' or is it pro-government? For example, most leaders look at insecurity as a problem brought about by the youth. Is such a view acceptable? I am finding it very difficult to call for the retention of chiefs. It is expected that if chiefs will protest about these changes but it is up to the leadership of the day to 'manage' this matter. But look now, if we are so afraid of changing the village, can we change the state? long on words, short on content. it would have been good if you tychho suggested on the replacement for chiefs. how will the roles of chiefs be carried out, and by who? a whole back, a DC had 2 roles. 1. supervise dvt. 2. security. county govts have taken over dvt. so, who has taken over security? we will still have county commisioners or whatever name, n his men...tupende tusipende. @simonkabbz, You are saying that county governments have taken the role of development and you are now wondering who will handle security; but don't the two go together? Because they do, you have stated that maybe it is the name that will be changed. But is a change of name that superficial? What if we replaced 'chief' with 'community resource manager' would there be a difference? Would they interpret 'security' in the same way? Would they even view the community in the same way? BTW, how does a chief handle development matters in the village?Isn't he among those who promote 'Tuna omba serikali itu saidie'? But what about the case of a community resource manager? wx
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Rank: Elder Joined: 3/18/2011 Posts: 12,069 Location: Kianjokoma
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I am trying to remember my interaction with the Provincial administration and specifically chiefs and sub-chiefs. I know when I needed an ID after attaining majority age I was supposed to go to my location's chief to sign for me the forms that he knew me and my family. Instead, I visited the chief of the area close to where I was applying for my ID. They signed for me despite the fact that I was not from their location neither was I residing there. Mr Chief just made some grumbling noises while signing my papers but did not demand a bribe. I was later told that I was lucky. Later, when I was admitted to a university, I had to interact with the chiefs again. This time I went to my location's chief who was very helpful and demanded no bribe. I had some not so interesting incident later on where my sub-chief and his APs arrested me for 'holding a night meeting'. It was 8 pm and after parting with my buddy I ran into the sub-chief who arrested me but released me later after I had identified myself. I know in the rural set up, these people are regarded as very necessary. Small disputes are handled by them as well as issues such as fighting drugs and illicit brew. Now most of these functions have been moved to the county govt. Can a national govt appointee take orders from the county govt bosses? How do they do it elsewhere? Would more police posts eliminate the need for a chief and his APs? Chiefs are usually appointed from the local community. How free will communities be with an outsider?
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Rank: Elder Joined: 1/27/2011 Posts: 1,777
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well! maybe this- http://www.sidint.net/docs/WP3.pdf - can help us though i'd still be happy if the chiefs go.
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Rank: Elder Joined: 8/4/2008 Posts: 2,849 Location: Rupi
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They should stay. We need them to solve cases of who borrowed my spade and never returned and manenos of lost chicken. Lord, thank you!
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Rank: Elder Joined: 3/2/2007 Posts: 8,776 Location: Cameroon
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tycho wrote:simonkabz wrote:tycho wrote:richdad wrote:According to Kaguthi (Former Nairobi PC and NACADA boss) provincial administration do solve over 75% of disputes in Kenya.
Does it mean that Kenyan will have to travel miles to get burial certs and report petty disputes like land boundaries. We should accept that our society is not that enlightened and the bureaucracy of courts plus corrupt lawyers would make most people shy away from them. Kenyan court process is also too expensive for a commom mwananchi.
The county gvt will be run by politicians who might at times not be at par with the Nairobi government. Disputes will also be biased on where they get support.
The 'installation' of the chief was a resultant of political forces at a certain time. But now we should not simply say whether chiefs should go or not, but we should also interrogate the political context and the roles needed to be played by government at the smallest administrative unit. One may argue that we are not an advanced country, but he will not be aiding his argument, for the facts of history are showing otherwise. We certainly have more educated citizens than we had in 1963. And besides, we do not need even a half of the citizenry to be 'enlightened' to create enlightened systems. What kinds of conflict are we going to experience in the villages? Are villages the same as estates? Besides is an urban slum equal to a village? What kind of leadership is the chief providing? Is it 'pro-people' or is it pro-government? For example, most leaders look at insecurity as a problem brought about by the youth. Is such a view acceptable? I am finding it very difficult to call for the retention of chiefs. It is expected that if chiefs will protest about these changes but it is up to the leadership of the day to 'manage' this matter. But look now, if we are so afraid of changing the village, can we change the state? long on words, short on content. it would have been good if you tychho suggested on the replacement for chiefs. how will the roles of chiefs be carried out, and by who? a whole back, a DC had 2 roles. 1. supervise dvt. 2. security. county govts have taken over dvt. so, who has taken over security? we will still have county commisioners or whatever name, n his men...tupende tusipende. @simonkabbz, You are saying that county governments have taken the role of development and you are now wondering who will handle security; but don't the two go together? Because they do, you have stated that maybe it is the name that will be changed. But is a change of name that superficial? What if we replaced 'chief' with 'community resource manager' would there be a difference? Would they interpret 'security' in the same way? Would they even view the community in the same way? BTW, how does a chief handle development matters in the village?Isn't he among those who promote 'Tuna omba serikali itu saidie'? But what about the case of a community resource manager? wx tycho, as per the new katiba, security n dvt have been separated. county assy does development, the security part remains SILENT. from insiders, this was an oversight. prov admin remains to represent the central govt in provision of some services eg security. the county govts pose a serious danger, sth not many nairobians can comprehend. TULIA.........UFUNZWE!
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Rank: Elder Joined: 7/1/2011 Posts: 8,804 Location: Nairobi
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simonkabz, What are some of the security dangers that county governments pose?
When the constitution is silent about a matter, aren't we supposed to 'invoke' the spirit of the law? If this is true what would the spirit of the law ask for?
Could the centralization of security services leave county governments vulnerable? That is, won't it be possible to have a president 'sabotage' a governor by even withdrawing his security detail?
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Rank: Elder Joined: 3/2/2007 Posts: 8,776 Location: Cameroon
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tycho wrote:simonkabz, What are some of the security dangers that county governments pose?
When the constitution is silent about a matter, aren't we supposed to 'invoke' the spirit of the law? If this is true what would the spirit of the law ask for?
Could the centralization of security services leave county governments vulnerable? That is, won't it be possible to have a president 'sabotage' a governor by even withdrawing his security detail?
the danger. .. until now, we have had countrywide representation at the district level in the form of govt provincial admin from various tribes. in the county govt, the governer, speaker, county reps, county executive committees n all employees from the local dominant tribe. now u can imagine a situation where security is localized! few will imagine coz kenyans r generally simplistic, dismissive n terrible procrastinaters. we will end up with 47 despots totally uncontrollable by the central govt, which is the symbol of unity TULIA.........UFUNZWE!
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Rank: Elder Joined: 7/1/2011 Posts: 8,804 Location: Nairobi
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simonkabz wrote:tycho wrote:simonkabz, What are some of the security dangers that county governments pose?
When the constitution is silent about a matter, aren't we supposed to 'invoke' the spirit of the law? If this is true what would the spirit of the law ask for?
Could the centralization of security services leave county governments vulnerable? That is, won't it be possible to have a president 'sabotage' a governor by even withdrawing his security detail?
the danger. .. until now, we have had countrywide representation at the district level in the form of govt provincial admin from various tribes. in the county govt, the governer, speaker, county reps, county executive committees n all employees from the local dominant tribe. now u can imagine a situation where security is localized! few will imagine coz kenyans r generally simplistic, dismissive n terrible procrastinaters. we will end up with 47 despots totally uncontrollable by the central govt, which is the symbol of unity The danger is real. And it follows that central government should/ will be able to 'sabotage' or 'balance' the power of county governments. But the central authority comes from the counties through the 'fifty plus one' threshold. So the danger hasn't been removed. Then consider that the central government will be bearing the counties debts, so there will be even more pressure to keep the danger alive. That is, the current security arrangements are no where near mitigating the danger. The only solution I can think of entails embracing new political and economic models.
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Rank: Elder Joined: 3/2/2007 Posts: 8,776 Location: Cameroon
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county govts are protected by the senate n parliament. prezzo can't just go wrecking havoc. I think u r a bit paranoid. what's the fear for? back to chiefs. ... TULIA.........UFUNZWE!
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Rank: Elder Joined: 1/27/2011 Posts: 1,777
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A workmate was taken by his wife to the chief because he was not taking his responsibilities seriously. After solving their problem the chief said to the guy as he was leaving, 'Mr.X siuniachie kitu'. If this is what we want to continue with, i vowed never to listen to any pro-chiefs rant. by the way the guy told the chief, hatujalipwa mshahara', and went home.
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Rank: Elder Joined: 7/1/2011 Posts: 8,804 Location: Nairobi
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simonkabz wrote:county govts are protected by the senate n parliament. prezzo can't just go wrecking havoc. I think u r a bit paranoid. what's the fear for? back to chiefs. ... I have encountered 3 chiefs so far, and in all my encounters they have played the role of propping an authoritarian rule. But such a rule is no longer tenable. I 'fear' that retaining the chief is an attempt to retain a decadent culture.
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Rank: Elder Joined: 1/27/2011 Posts: 1,777
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josiah33 wrote:A workmate was taken by his wife to the chief because he was not taking his responsibilities seriously. After solving their problem the chief said to the guy as he was leaving, 'Mr.X siuniachie kitu'. If this is what we want to continue with, i vow never to listen to any pro-chiefs rant. by the way the guy told the chief, hatujalipwa mshahara', and went home. xxxxx
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Rank: Elder Joined: 7/11/2012 Posts: 5,222
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It became an unruly mashinani when the Chiefs were stopped from caining philandering husbands and drunkards. It would be sadder now if they were removed. My grandma always prides herself in having the chiefs cellphone number on her phone
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Rank: Elder Joined: 7/20/2007 Posts: 4,432
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When in shags, the chief and subchief are very important. But important to whom? My grandmother who was in the Mau Mau. If the issue is solving neighbour disputes, then set up a small claims court at the local level. This idea of sticking with an archaic system that was setup to actually humiliate the populace is out of the 19th century. So, though I understand that there needs to be local solutions to local issues, I just don't subscribe to the idea that only chiefs can do so. After all, in my small estate, I have never seen the chief, don't even know who he is and we still have a better living standard than all those fellows in shags with a subchief and chief as daily visitors Jose: If I make it through this thug life, I'll see you one day. The Lord is the only way to stop the hurt.
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Rank: Elder Joined: 7/11/2012 Posts: 5,222
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alma wrote:When in shags, the chief and subchief are very important. But important to whom? My grandmother who was in the Mau Mau.
If the issue is solving neighbour disputes, then set up a small claims court at the local level.
This idea of sticking with an archaic system that was setup to actually humiliate the populace is out of the 19th century.
So, though I understand that there needs to be local solutions to local issues, I just don't subscribe to the idea that only chiefs can do so.
After all, in my small estate, I have never seen the chief, don't even know who he is and we still have a better living standard than all those fellows in shags with a subchief and chief as daily visitors So in a nutshell, what you are saying is we stop calling them chiefs, because the name reminds us of colonial humiliation and instead call them small claims court because it sounds 20th century-like?
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Rank: Elder Joined: 7/20/2007 Posts: 4,432
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@Mukiri if that is what you understood from my statement, so be it. It's called separation of powers which is in the constitution. Executive, Parliament and Judiciary. Exactly what part of this are the chiefs? The executive has no part in executing justice. If their work is in settling family disputes, which are legal in nature, then its in the judiciary. So speak to the earinged one and I'm sure you will find support for local solution courts. If I'm not wrong he supports elders. But chiefs as you have put it are in the colonial era, not even the 20th century. They aren't supposed to have been there in the first place. Jose: If I make it through this thug life, I'll see you one day. The Lord is the only way to stop the hurt.
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Rank: Elder Joined: 7/1/2011 Posts: 8,804 Location: Nairobi
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Mukiri wrote:alma wrote:When in shags, the chief and subchief are very important. But important to whom? My grandmother who was in the Mau Mau.
If the issue is solving neighbour disputes, then set up a small claims court at the local level.
This idea of sticking with an archaic system that was setup to actually humiliate the populace is out of the 19th century.
So, though I understand that there needs to be local solutions to local issues, I just don't subscribe to the idea that only chiefs can do so.
After all, in my small estate, I have never seen the chief, don't even know who he is and we still have a better living standard than all those fellows in shags with a subchief and chief as daily visitors So in a nutshell, what you are saying is we stop calling them chiefs, because the name reminds us of colonial humiliation and instead call them small claims court because it sounds 20th century-like? This is where we go wrong. We haven't woken up to the fact that we now have a chance to create an administrative system that is pro the masses. I know that the 'middle class' person may prefer to have the chief because the chief was created to support this class. For example, I once attended a baraza that tacitly approved the killing of youth who cause 'insecurity'. This sort of criminology is loved by the middle class who believe that they are entitled to what they have by virtue of hard work only. Of course this is what our schooling has made us believe. But this is far from true. There are very many people who are languishing under this political and administrative system! It's time we had the government work for the masses just as it works for the middle and ruling classes. And this doesn't need a person who wield a baton and scare us with his 'Wazee wa kijiji' and police. The bigger the government, the more the transgressions of the ruled, and you can imagine what will happen when taxes go up amid increasing unemployment! Crime will go up and in no time the middle class will be seeking refugee status! The government needs an administrative structure that will prevent this and as far as I can see, the chief and his office need massive re-structuring.
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