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CDF offends the devolved system of government, confusing the function assignment process and even taking over functions that belong to county governments. [File, Standard]

This week the High Court for the second time declared the CDF Act unconstitutional.

It goes to the ingenuity of Parliamentarians that this unconstitutionality was on a later version of the CDF Act, cleverly renamed National Government CDF, the 2013 version having been declared unconstitutional by the High Court, the Court of Appeal and finally by the Supreme Court in 2022.

Why I say ingenious is that before the Courts concluded the first set of cases, Parliament had already amended the 2013 Act and was even arguing that the court should halt the proceedings since the Act before the court had already been repealed! 

Both the Court of Appeal and the Supreme Court would have none of that and insisted that despite the technical repeal of the previous Act, the substantive issues that had brought the Act before the courts were still alive in the amended law! 

But by then Parliament was using the new Act to continue the CDF process. This time Parliamentarians had cleverly disguised their role and appeared to be uninvolved with the management of the Fund.

The indefatigable Wanjiru Gikonyo had to start the journey of impugning the Act, the 2015 version all over again. But this time the courts have declared all versions, including the latest one passed in 2023 unconstitutional. It will be interesting to see Parliament’s new tricks; this is one issue Parliament considers a red line.

Until the introduction of a devolved system, CDF was one of the most popular decentralisation processes, introduced by government on the encouragement of the World Bank and IMF to blunt some of the more painful impacts of the Structural Adjustment Programmes. 

When introduced in 2003, it was the first time that money was allocated to Kenya based on statutory rule unlike the historical politics-based “siasa mbaya, maisha mbaya” allocations.

Though it was still a small fraction of the national budget, it was the first time parts of this country had seen evidence of government in development programmes, however micro. 

It thus became popular with people but even more popular with MPs who no longer had to foot all their constituency bills from their pockets, now they could promise a bursary here, a graded road here and some microwater project there.

It also became popular with the Executive; ministers were no longer the sole source of resources for MPs. But with the coming of devolution and the assignment of local development to county governments, CDF started its long journey to the grave. But MPs are addicted to CDF and like all addictions, it will not go away easily.

Parliamentarians will innovate ways to keep it alive. The challenge for MPs is the portion that makes it most attractive to them, which is their latent control of its operations, is what the courts find offensive. So, they are caught in catch 22 situation, to keep CDF they would have to remove from the Act the only reasons why they keep CDF! 

But ultimately CDF will have to go. It offends the devolved system of government, confusing the function assignment process and even taking over functions that belong to county governments.

It offends the separation of powers by making MPs executors and "oversighters.” It keeps MPs distracted from the most critical part of their functions, legislation and oversight over the Executive.

It indirectly makes constituencies another level of government for development purposes, while they constitutionally exist as political unit for representation. It has increased the clamour for all sorts of funds from legislators, Oversight Funds by the Senate, Affirmative Action Funds for Women Representatives and Ward Funds for MCAs.

All these funds have the same deficiencies CDF has only that they have not been challenged due to their minute sizes. At some point we will need to accept that we devolved and that this has consequences.

Any leader who wants to play an executive role should seek an executive role at either level of government.

They should allow those who want to be legislators only to go to Parliament. This dance with the courts is the kicks of a dying horse, it will go on for a while but the horse will give up the ghost sooner than later. -The writer is an advocate, The Standard

One of the survivors of the September 24 bus attack on Nimule-Juba highway

Whereas Alfred Baluku, a bus conductor with Bebeto Coach, knew the Nimule-Juba highway in South Sudan was dangerous, he never imagined he would experience a fatal attack firsthand.

On September 24, 2024, Bebeto Coach bus, which Baluku had worked on since February, set off from Juba City for Kampala at 6 am South Sudanese time (GMT +2). On board were 40 passengers, a mix of Ugandans and South Sudanese nationals, along with a turnman, the driver, and two armed soldiers from the South Sudan National Security Service tasked with escorting the bus through the volatile route. 

Baluku recalled that after travelling about 90 km into the journey, sporadic gunfire suddenly erupted from the nearby bush, with bullets targeting the front of the bus.

"The bullets started at random from the front because they first hit the windscreen and there was a big hole in front of the bus. I think it was a strong [big] gun they used and that's when we realized that we were being shot at,” Baluku told URN in an interview on Wednesday.

The driver, despite the continued gunfire, attempted to drive for about 100 meters but was forced to stop as the damaged radiator released steam, obscuring his view through the windshield.

Baluku described the attackers as a group of around 50 gunmen who charged toward the bus, firing continuously. One of the soldiers on board tried to fend them off but was overwhelmed.

"We had two soldiers in the bus, and one was shot and fell out when the bus was still moving....So, the one that was still on board came out and started pushing them back but unfortunately, he was alone, and the guys were coming in big numbers, he tried his level best but couldn’t manage,” Baluku said.

As the soldier ran out of bullets, the gunmen advanced on the bus. Baluku, along with the driver and the remaining soldier, fled into the bush for safety. However, 30 passengers were still trapped inside as the attackers took control. 

From his hiding place, Baluku says he watched as the gunmen surrounded the bus, demanding phones and money from the passengers. They looted the luggage compartment, specifically searching for food.

"They picked every luggage in the boot and put it down and those guys when they were talking, they wanted especially foodstuffs. They were asking "where is the milk, where is the milk?" They took some passengers whom they told to carry the packs to the nearby bush. Some of them were told to sit down and left them unharmed. You can't tell the exact number but they were 50+. They were so many,” Baluku recounted.

For nearly an hour, the attackers ransacked the bus without any response from the government forces. Eventually, they set the bus on fire and retreated into the bush with the uninjured passengers they had captured. South Sudanese soldiers arrived an hour later, prompting the rebels to flee.

Baluku, who survived with minor injuries along with 11 others, was rescued by soldiers after being convinced to emerge from their hiding spot. Five people were severely injured, and one male passenger was killed. The survivors were taken to Juba for treatment.

Baluku, a father of two, was one of five casualties brought to Amuru district for medical care. Four Ugandans and one South Sudanese national were among those treated.

At least 12 victims of the attack have since crossed into Uganda via Elegu Port health centre at the border, according to Patrick Louis Lamot, the port health focal point at the Uganda-South Sudan border.

South Sudan People’s Defence Forces (SSPDF) spokesperson Maj Gen Lul Ruai Koang blamed the National Salvation Front (NAS) rebel group, led by Lt Gen Thomas Cirilo, for the attack. He confirmed that 14 passengers had been abducted and said the army was pursuing the rebels, who fled toward the Nile River. It remains unclear if any of the captives have been released. By URN/ The Observer

Kenya’s Biggest Wireless Firm Is in Talks With Musk’s Starlink · Bloomberg

(Bloomberg) -- Kenya’s biggest phone company Safaricom Plc is in talks with Elon Musk’s Starlink and other satellite providers on potential future partnerships, its Chief Executive Officer Peter Ndegwa said.

“From a satellite perspective, we have to partner with Starlink or other satellite providers in future to make sure that that technology plays right through,” he said in an interview in New York. “We have had some discussions, and we will continue to have those discussions to the extent that they complement what we are offering.”

While Musk, the world’s richest man, has won the hearts of consumers by launching satellites into low-Earth orbit to beam down broadband, internet and mobile companies that invested in local networks have raised concerns about whether the service complies with local laws. The government’s of Taiwan and India have echoed those worries while the likes of Indonesia, Argentina and Ghana have changed or waived their regulations for the SpaceX unit.

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Starlink has struck partnership agreements to distribute and provide internet services in remote areas in many parts of the world, shying away from equity or ownership deals. It has a license to operate in Kenya.

An advocacy group in the East African nation has taken Safaricom to court, claiming the company is “actively seeking to block” Starlink, according a filing seen by Bloomberg. Ndegwa said during the interview that the company wasn’t trying to hinder Starlink, but rather asking regulators for a level playing field.

“There’s a misconception about Safaricom getting in the way,” Ndegwa said. “We don’t have the ability to prevent anyone from operating in Kenya. That is a regulatory decision.”

Safaricom sent a letter to regulators in July, asking that foreign satellite providers be required to take local telecommunications operators as partners when doing business in Kenya to boost investment and employment, and comply with local laws, according to advocacy group Kituo Cha Sheria’s law suit.

The wireless operator also told officials that allowing services such as Starlink to operate on independent licenses could lead to security risks and lapses in regulatory oversight, due to the cross-border nature of satellite services, according to the group’s court filing. By Bella Genga, Loni Prinsloo and Jennifer Zabasajja, Bloomberg

 
Colin Crane says his story is a cautionary tale: don't travel without adequate insurance. He says a three-day trip to Uganda has turned into a months-long, costly hospital stay. (Image courtesy: Colin Crane)

A man from Alberta has been at the Medipal International Hospital in Kampala, Uganda for over two months with a hefty medical bill. He says he can’t leave until it’s been paid for, but he doesn’t have travellers’ medical insurance.

Colin Crane, from Edmonton, went to Africa in June for a business trip as an independent contractor. He got sick a few weeks later and took himself to the hospital.

 

“I had trouble sleeping, breathing and eating,” said Crane.

He says that, after he got a blood test, the nurses had to help him back to his bed. The results came back and confirmed he had severe malaria.

“When you get it, and you don’t treat it or seek medical attention on time immediately your organs start shutting down due to its complication,” said Linda Wefila, the principal nursing officer at the hospital where Crane was treated.

Crane’s kidneys stopped working and he was on dialysis. He thought he’d be at the hospital for a few days but slipped into a coma for six weeks.

“I woke up to intravenous bottles coming out of me and I couldn’t move. I could hardly lift my head off of the pillow,” said Crane.

Unfortunately, that wasn’t the only problem Crane would face. Hospital staff told him the medical bill was $30,000 and will increase the longer he is there. He said he wasn’t able to leave until it was paid.

“If he can make 50 per cent of the $30,000, we are able to let him go with a payment plan,” said Wefila.

But even paying half of the amount is a challenge. Crane did not have medical insurance while travelling. He admits that because he’s made multiple trips to Africa for work without any issues, he didn’t’ think about the risks and is now paying for them.

Martin Firestone, a travel expert, says Crane’s circumstance is a hard lesson to learn and a reminder to all travellers abroad about what can happen if they don’t get the medical coverage.

“One slip and fall or even a car accident and you are really out of luck because you’re going to have to pay the bill or face the consequences,” he said.

Firestone says it’s a positive sign that the hospital is willing to honour a payment plan.

“I would argue that he should really try to negotiate the bill down significantly and then work on a payment plan off that.”

In a statement to CTV News, Global Affairs says it’s providing Crane with “consular assistance” and “due to privacy considerations, no further information can be disclosed.”

Crane says he hasn’t had any luck getting a loan from the government to help with the bill. He’s now hoping that through his Gofundme page generous donors might step up to help him get home.

“I appreciate all the help I can get,” said Crane.

Crane’s recovery will still take up to two more months and Wefila says the quicker he is out of a hospital setting the better it is for his health.

“Staying in the hospital for a long time is not helping when it comes to rehabilitation. Him getting into the community gives his body some sense of adaptability for him to be able to go back to normal,” she said.

Crane says his experience has been difficult but he’s trying to keep a positive outlook. He’s hoping his story is a reminder to other travellers to buy medical insurance while outside of Canada. By Kathy Le, CTV News

 

Technology and innovation driving change in South Sudan

In today’s fast-paced world, digital initiatives have become a cornerstone of economic development, particularly in transforming emerging markets. In South Sudan, a series of innovative projects spearheaded by the United Nations Development Programme (UNDP) with support from the African Development Bank and the Kingdom of Netherlands are reshaping the economic landscape for the better. These initiatives aim to harness the potential of technology in driving entrepreneurship, enhancing financial accessibility, and providing educational resources to a burgeoning youth population.

Central to these initiatives is Dukaanye.com, South Sudan’s first and largest digital marketplace. Its user-centric approach has enabled the platform to thrive in a challenging economic environment, fostering participation from local entrepreneurs. In a remarkable stride toward inclusivity, over 2,000 small and medium-sized enterprises (SMEs) have successfully registered on the platform, extending its reach across eight states. This evolution not only promotes individual business growth but also contributes to a broader economic transformation, underscoring the importance of digital commerce in South Sudan’s development journey.

Another key pillar of this digital strategy is the iHub, a versatile innovation and business hub aimed at empowering the youth. Located in major cities such as Juba, Torit, Rumbek, Bor, and Yambio, the iHub offers a wealth of resources, including entrepreneurship support, job placements, and access to e-learning programs. By providing targeted career advice and capacity-building initiatives, the hub is significantly enhancing the skills and employability of young people, helping them navigate a competitive job market and connect to global opportunities.

In tandem with these efforts, the introduction of a financial technology (FinTech) initiative is set to transform South Sudan’s financial sector. Collaborating with key financial intermediaries like Stanbic Bank and MGURUSH, the initiative aims to improve financial inclusion through interest-free loans for young entrepreneurs. This structure not only facilitates easier loan access but also accelerates the adoption of mobile money services, establishing a sustainable framework for financial transactions that empowers underserved populations to participate more fully in the economy.

As part of its comprehensive approach, the UNDP has also introduced an e-learning portal that enhances educational accessibility. This online platform allows users to access diverse courses, assignments, and interactive learning materials, catering to various learning preferences and schedules. The portal’s flexible, self-paced learning environment is vital for individuals seeking continuous education, especially in a country where traditional education methods may face constraints.

Further addressing employment challenges, an employment portal launched in collaboration with the Ministry of Labour serves as a centralized hub for job seekers and employers. By simplifying the job search process and connecting individuals with suitable opportunities, the portal plays a crucial role in workforce development and reducing unemployment rates in South Sudan.

Overall, these digital initiatives mark a significant leap forward, equipping South Sudan’s youth with vital tools for success in a rapidly evolving economic landscape. As young people engage with the resources at iHub and through platforms like Dukaanye.com and the employment portal, they are not only enhancing their skills but also contributing to the nation’s economic resilience and growth. By Sylvester,The City Review

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