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Council of Governors chairperson Ann Waiguru addresses journalists at Delta Corner building in Nairobi on October 6, 2022. County governments have been urged to automate and define their revenue streams in order to reduce reliance on the exchequer.

What you need to know:

  • The call comes when the 47 devolved governments are grappling with the delayed release of funds by the National Treasury.
  • The Commission on Revenue Allocation (CRA) says devolved governments have not fully exploited their own source revenue potential. They collect a paltry 16 per cent of the potential.
  • Mr Muriithi said county governments can improve the collection by updating their billing systems to net close to half of the property owners who don’t pay taxes.

County governments have been urged to automate and define their revenue streams in order to reduce reliance on the exchequer. 

The call comes when the 47 devolved governments are grappling with the delayed release of funds by the National Treasury, a situation that threatens to paralyse operations and services.

The arrears have accumulated to more than Sh51 billion.

The Commission on Revenue Allocation (CRA) says devolved governments have not fully exploited their own source revenue potential. They collect a paltry 16 per cent of the potential.

Dr Irene Asienga, a commissioner with CRA, said counties collect Sh33.9 billion against a target of Sh52.8 billion annually. 

“However, the county governments’ potential is Sh216 billion,” she told the Daily Nation by phone yesterday. 

“The huge gap can only be bridged by automating revenue management, improving revenue management efficiency, pushing for a unified revenue management system and updating valuation rolls.”

She added that the CRA has prioritised six revenue streams that counties should define to enhance the collection.

They are property rates, single business permits, parking fees, outdoor advertising, transport and hospital and public health fees. 

Property lists

“These can raise close to Sh160 billion,” she said. 

Dr Asienga said updating the valuation roll would more than double the rate collection from the current 36 per cent.

“Updating property lists can generate Sh23 billion, outdoor advertising fees Sh81 billion while hospital and public health fees can bring in Sh33 billion,” she said.  

“Parking fee collection is at 48 per cent, showing there are leakages.”

Former Laikipia Governor Ndiritu Muriithi agreed with Dr Asienga, saying, county governments should explore other ways of growing their collections.

He said they need to embrace technology by going cashless in an effort to seal loopholes that come with handling cash.

Mr Muriithi said county governments can improve the collection by updating their billing systems to net close to half of the property owners who don’t pay taxes.

“Devolved units should invoice the national government to pay property tax,” he said.

According to Mr Muriithi, counties can exploit land value capture by taxing the incremental value of the property at the transaction point.

“We raised our own source revenue in Laikipia from Sh400 million to Sh1 billion when I was governor. But this is just 40 per cent of the country's potential,” he said. 

Mr Muriithi added that counties should consider capital markets by issuing securities, citing the Sh1.16 billion Laikipia Infrastructure Bond.

The project that’s to go to the market focuses on infrastructure and water services. It touts ‘smart’ towns by improving parking, sewer and water connections to attract more businesses.

“We realised that improving towns more than doubled investments. The number of traders applying for permits almost tripled from 500 to 1,430 in just two years,” he said.

CRA has been encouraging borrowing by coming up with counties' creditworthiness checklist, Dr Asienga said.  By Collins Omulo, Daily Nation

 

 

UPPER NILE- With recent fighting in the state having caused an influx of more than 15,000 persons seeking shelter at the Malakal Protection of Civilians site, learning techniques to prevent, mitigate and resolve conflicts becomes even more important.

In this context, and also having detected increased alcohol consumption and more cases of domestic violence taking place at the site, the Civil Affairs Division of the United Nations Mission in South Sudan (UNMISS) decided to take action. They recently organized a two-day workshop on conflict management and reconciliation, targeting a total of 60 community leaders and representatives of women and youth currently staying at the site, currently home to approximately 53,000 people.

‘’It is a mix of people from different communities staying here, and conflicts sometimes occur. The arrival of large numbers of new people, combined with recent concerns about the security situation in parts of the state, can add to tensions,” said John Amum Othow, Acting Chairperson of the Protection, Community and Coordination Committee established by the internally displaced.

“We are aware that managing conflicts is crucial, but we are not always familiar with the tools needed to make it happen,” he added.

Women, children, and elderly are among the most vulnerable groups, and even more so when tensions lead to conflicts, be they violent or not, within the site.

“As community leaders and youth, we need to work harder than before to curb the rise of alcohol consumption and the problems it leads to. Let us do more to maintain good relations in the protection side and, in that way, protect women and children better,” said Josphine James Lah, a women’s representative.

Forum participants agreed take action against the harmful use of social media to spread disinformation and hatred, as irresponsible posts on the internet are seen as a major factor contributing to an increased polarization between different groups staying in the protection site.

Community leaders, youth and women can count on the peacekeeping mission’s technical support to achieve their goal of establishing a more harmonious living environment for all.

“It is our core mission to advocate for and strengthen conflict management skills and social cohesion by means of capacity building. We must provide the tools necessary to consolidate and improve their already existing community dialogue strategy’’ said Natheir Alawamleh, a Civil Affairs Officer serving with UNMISS. - Nyang Touch/Filip Andersson, United Nations

 

The death toll from floods triggered by heavy rain in South Sudan has risen to 62, a UN health body representative said Wednesday.

The fatalities have been rising since the start of the rainy season in April, said Dr. Fabian Ndenzako, World Health Organization's South Sudan representative.

Severe flooding has also caused damage to 52 health facilities, he said at an event in the capital Juba.

He said months of heavy rainfall and rampant flooding have taken a toll on healthcare systems in the country, sparking outbreaks of cholera and measles.

“South Sudan has been facing flooding in over 30 counties since 2019, and currently more than 630,000 people have been affected by flooding in nine counties,” said Ndenzako.

“There are also internally displaced people (IDPs) that have been displaced because of water and of course conflict as well, and in Jonglei state you can’t travel to another county without flying by plane,” he said.

The worst-affected states are Northern Bahr el Ghazal, Warrap, Unity and Western Equatoria, said the UN Office for Coordination of Humanitarian Affairs on Tuesday.

“Reportedly, the floods destroyed livestock and crops, washed away roads and bridges, destroyed homes, schools and health facilities, and submerged boreholes and latrines thereby contaminating water sources and risking outbreaks of waterborne diseases,” the UN agency said in a statement.

Dut Majokdit, chairperson of the country's Relief and Rehabilitation Commission, said 65,000 farmlands have submerged in water and people drinking contaminated water are dying of malaria.​​​​​​​ - Benjamin Takpiny, Anadolu Agency

What you need to know:

  • On October 17, 2017, five people were charged before a Kiambu Court with stealing Sh39.9 million from the PCEA.
  • Among those in the dock were David Gathanju, who served as the Moderator of the PCEA General Assembly between 2009 and 2015.
  • The case has had 31 mentions and 31 hearing dates. The case was successfully heard on only four occasions, culminating in only one witness testifying.

A criminal case brought by the Presbyterian Church of East Africa against one of its top clerics was terminated last week, ending a five-year-long battle that has had its share of controversies. 

On October 17, 2017, five people were charged before a Kiambu Court with stealing Sh39.9 million from the Presbyterian Church of East Africa (PCEA).

Among those in the dock were David Gathanju, who served as the Moderator of the PCEA General Assembly between 2009 and 2015.

Mr Gathanju was charged alongside Esther Wanjiru, Peter Mwangi, Stephen Muhoro, and James Muiruri, all former employees of the church.

The charge sheet stated that on diverse dates between January 2, 2016, and June 30, 2017, at the PCEA headquarters in Nairobi's South C estate, the five conspired to steal from the church.

In the second count, they were accused of stealing Sh39.9 million, which came into their possession by virtue of their employment.

They denied the charges and were released on a Sh1 million bond each.

Before they took the plea, the defence team tried to no avail to prevail upon the prosecution to defer the matter to allow for dialogue with the church.

The defence argued that the church had mechanisms for dealing with such matters.

"Solid evidence"

Lydia Maari, who was the prosecution's counsel in the case at the time, stood her ground, saying there was solid evidence to secure a conviction against the individuals.

However, barely three months later, in January 2018, the prosecution withdrew the case against Ms Wanjiru and Mr Muhoro, saying there was no documentation to support the charges.

The charges against the remaining three would in March 2019 be enhanced, and they were now charged with stealing Sh50.9 million.

 

The case has been characterised by numerous adjournments, mentions, and hearing dates.

In October 2020, the Director of Public Prosecutions (DPP) filed an application seeking to withdraw the theft case against Mr Gathanju and his co-accused, saying the complainant in the case, Rev Peter Kania, had since died.

However, then Kiambu Senior Principal Magistrate Stella Atambo dismissed the application, saying the prosecution had failed to convince the court to allow the plea.

The magistrate said the death of the complainant, who was also a witness in the case, was not reasonable grounds to withdraw the suit.

Dissatisfied with her ruling, the State moved to the High Court in Kiambu, seeking a revision of the judgment issued by Ms Atambo.

However, Kiambu High Court Judge Mary Kasango in May this year declined to set aside the ruling by the lower court and agreed with the accused that the case should continue.

When the case came up for hearing on September 3, the prosecution counsel, Sammy Muriuki, told the court that the DPP had received communication from the church to have the matter withdrawn.

The church’s lawyer, Grace Gichuhi, told the court that the church wished the matter to be closed “in totality”.

Kiambu Senior Principal Magistrate Kibet Sambu acquitted the accused under Section 202 of the Criminal Procedure Code, marking the end of a case lodged in court five years ago.

The case has had 31 mentions and 31 hearing dates. The case was successfully heard on only four occasions, culminating in only one witness testifying.

 

Only the church accountant, Jane Mwihaki, testified in the case. Other witnesses lined up included Alfred Kanga and Amon Nderi, the former Deputy Secretary General and former Honorary Treasurer of the church’s General Assembly respectively.

Lydia Muthoni, the manager of Sweet Lake Resort in Naivasha, and Maina Kenya, the church’s auditor, were also on the witness list.

The case was also not without drama. During a heated debate in one of the court sessions, details emerged that the complainant had authorised the transfer of funds which was the bone of contention in the case.

A statement by the then Equity Bank Nairobi West Branch manager, Chebet Rotich, tabled in court indicated that before effecting any transfers from one account to another, the manager would call Mr Kania to confirm whether the church management had sectioned such transactions.

Ms Chebet added that in Mr Kania’s absence, she would call Amon Nderi, the treasurer, to confirm the transactions.

She added that she would call the duo using the bank’s landline number, which is also used to verify the signatories on the transfer of funds.

In her statement, Ms Chebet recalled that in June 2017, Mr Kania informed her that he had learned that the money normally collected by Mr Mwangi, who was a signatory to some of the accounts, was being stolen.

She said Mr Kania told her that he had tried to reach Mr Mwangi to no avail. He asked to see an application form for funds transfer to tracing where the money was being transferred to. 

Mandatory signatory

In her statement, the manager said she asked Mr Kania about the calls she usually made to him as a mandatory signatory to the PAYE (pay as you earn tax) account since he had stated that he sometimes signed the application forms for funds transfer in a hurry.

“Rev Kania agreed the calls were made to him and that he should be given time to sort things out,” she said.

She said that usually, after confirming that everything was in order, she would authorise the transfer and then leave the teller to effect the transaction.

A civil suit against Mr Gathanju, Mr Mwangi, and Mr Muiruri that the church had lodged in the Milimani law courts was also recently dismissed.

The trio was sued in April 2019 for allegedly failing to pay Sh9.6 million, which they owed the church.

The Registered Trustees of the PCEA had sued the three for failing to pay back the money despite admitting that they owed the church.

Milimani Commercial Court Principal Magistrate S.A. Opande, in his ruling dated September 22, 2022, said he had dismissed the case for want of prosecution.

Mr Gathanju told the Nation that he is happy that justice had prevailed.

“I have been waiting for justice to prevail. My conscience has always been very clear that I have never stolen. The case brought me a lot of psychological torture and ruined my reputation. It also consumed a lot of resources,” he said.

The cleric said he is consulting with his lawyers to decide on the next move. By Kamau Maichuhie, Daily Nation

Ms Ruth Nankabirwa, the Minister of Energy and Mineral Development 

What you need to know:

  • Last year, the State Minister for Minerals, Mr Peter Lokeris, said government would review the ban and introduce exceptions, admitting that several minerals cannot be easily processed beyond a certain level in Uganda. 

Energy Minister Ruth Nankabirwa has maintained that a ban on exporting unprocessed minerals, which was instituted in 2015, still stands. 

In February 2015, President Museveni imposed a moratorium on the export of unprocessed iron ore and other minerals. 

Ms Nankabirwa explained that the ban is intended to promote growth of local industries, which in turn create employment.

“For so many years, we have been hearing about people involved in the mines but we cannot see the products that have come out of the minerals. This time round, we are saying that we are putting a ban on exportation of our minerals, which are not processed to a required percentage,” she said on Tuesday.

 “We are encouraging investors to come and invest in refineries for the minerals, like they have done for gold. We want to see many more refineries being done in Uganda so that we can give job opportunities to our people, in addition to promoting technology transfer,” she added.

The minister said this while addressing participants at the 11th annual mineral wealth conference held in Kampala yesterday under the theme, ‘Positioning Uganda’s mineral sector for green energy revolution.’

Mining companies have been urging the government to lift the ban on grounds that Uganda does not have the processing capacity for all of its ore.  Some mining companies have even threatened to suspend operations entirely since the bulk of their revenue comes from the export of semi-processed minerals, especially gold.

Last year, the State Minister for Minerals, Mr Peter Lokeris, said government would review the ban and introduce exceptions, admitting that several minerals cannot be easily processed beyond a certain level in Uganda.  

However, Ms Nankabirwa yesterday said the minerals must be processed up to the required percentage.

“We would like to see an integration of our minerals subsector supporting oil and gas sub-sector.

 She also said companies involved in mineral exploration should not only enrich themselves, but also help communities in their areas of operation to get out of poverty.

The chief executive officer of Rwenzori Rare Metals, Mr Warren Tregurtha, said since Uganda does not exist on the global list of mineral investment destinations, more publicity needs to be done on availability of minerals in the country.

Ms Agnes Alaba, the acting Director of the Department of Geological Survey and Mines, said Uganda hosts a number of critical minerals that are required for transition to a green economy. She said they include Copper, Cobalt, lithium, and nickel manganese, among others.

Government backs out of Eskom contract

At the same meeting, Minister Nankabirwa confirmed that government would not extend the contract of South African energy company Eskom, which is expected to end next year.

In 2002, government entered into a concession with Eskom to operate and maintain Nalubaale and Kira dams. 

Under the concession, negotiations for a renewal had been expected to take place within three years to the end of the concession, which currently has a few months left. 

But Ms Nankabirwa said Uganda would give opportunity to Ugandan companies to take over the work that Eskom has been doing.  By Jane Nafula, Daily Monitor

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