19TH ENGINEERS INTERNATIONAL CONFERENCE 2012Role of Engineering

Practitioners in the Implementation of the

Constitution:Governance , Integrity and

ProfessionalismBy Burugu J.N.

MA (International Studies- UoN;

BA Hons. (Political Science)- UON;

Dip. Institute of Human Resource Management, (IHRM) K

Governance and Devolution Consultant/Trainer.

© May 2012- Email: burugujn@gmail.com

PREAMBLE OF THE COK 2010

We, the People of Kenya- Acknowledging the supremacy of the Almighty

God of all creation; Honouring those who heroically struggled to

bring freedom and justice to this land ; Proud of our ethnic, cultural and religious

diversity and determined to live in peace and unity as one indivisible sovereign state;

Respectful of the environment which is our heritage, and determined to sustain it for the benefit of future generations;

Committed to nurturing and protecting the well-being of the individual, the family, communities and the nation;

CONT’D

Recognizing the aspirations of all kenyans for a government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law;

Exercising our sovereignty and inalienable right to determine the form of governance of our country and having participated fully in the making of this constitution;

Adopt, Enact and give this constitution to ourselves and to our future generations.

God bless Kenya

OVERVIEW OF THE NEW CONSTITUTION Promulgation-Rebirth- A new dawn for Kenya as a Republic Break from the Lancaster House Constitution of 1963 held

in London Restored the Sovereignty and Pride to the Kenyan people Dispersal of Power and Resource devolution- whittled away

power of State House occupier Kenya joined other countries like Ethiopia, Nepal, Saudi

Arabia, Jordan and Kuwait in renewing their Laws. Tanzania, Zimbabwe and Zambia struggling to achieve Kenya’s feat!

Participatory management of citizens at all decision making levels on matters affecting them

Appreciating the diversity and rich cultural heritages of Kenya Communities ( Maasai, Meru, Nandi,Borana, Pokomo , Luhya, Kikuyu, Kamba, Luo, etc)

Enhanced representation, roles and participation by youth and Women at National and County level

Indigenous resources with heavy public involvement- Home-grown

Dilution and dispersal of Treasury’s hold on purse strings Freedoms and Rights; Access to information Self propelling- Article 261(5, 6, 7) cannot be stalled by MPs Two levels of Government and the Senate 290- Mps; 67

Elected and Nominated Senators; and 47 County Governors

GOOD GOVERNANCE, INTEGRITY & PROFESSIONALISM

These are Values in our everyday life. They form Legal, Societal, Religious,

Cultural and Professional norms of conduct and engagement;-(Judas Escariot; Exam cheating; corruption, professional misconduct; Crime of discriminations, Bill of Rights; Hate speech, FGM).

CoK 2010- they run through the eighteen chapters underlining their importance.

Chapter 2 Article 10 on National Values and Principles of Good Governance captures them and obligates us all to respect, uphold, observe and adhere.

THE SEVENTEEN (17) NATIONAL VALUES1. Patriotism This is the loyalty, love, sacrifice, devotion for,

sense of belonging to, dedication to, sense of pride in, protection of, selfless service to and paying taxes to one’s country. Patriotism is strengthened through kith and kin relationships among Kenyans.

2. National Unity The cohesion that comes as a result of

having shared goals, values, vision, purpose and aspirations, while recognizing diversity, irrespective of the ethnic, cultural economic, religious or other superficial status, in a unitary state.

 

CONT….3. Sharing and Devolution A governance environment in which power, political, social and

economic resources are distributed between the central and county levels of government and which empowers people at the grassroots to make decisions on matters that affect them.

4. Rule of law It is the legal maxim that each citizen and person within the state

respects the law, obeys it and is subject to the law of the land so as to ensure justice for all and eradication of impunity.

5. Democracy and Participation of the people A political culture of getting people involved at all levels of

decision making; where everyone is equally bestowed with the powers to exercise personal skills, access information, utilize opportunities, elect their representatives, express their views, participate in governance without prohibition and have the right to contribute to societal and national issues particularly in reference to leadership and governance.

CONT….6. Human Dignity The honour bestowed upon individuals and people of

upholding their basic rights as spelt out in the Constitution and the Bill of Rights is being treated with honor, respect, safeguarding one’s rights that are built on inherent human worth regardless of one’s status.

7. Equity It means fairness, impartiality, justice and provision of

equal access to national resources and opportunities regardless of gender, disability, age, race, ethnicity, religion and status.

8. Social Justice This is the enjoyment of the rights that enhance the well

being of an individual in all aspects of their interaction with one another and promotes solidarity. It also means that our society understands and values human rights, recognizes the dignity of every human being to realize their potential and respects diversity.

CONT….9. Inclusiveness Valuing, recognizing and involving all people in decision

making without bias or segregation. It is affording all people an opportunity to participate in activities, including decision making, that affect their lives and taking into consideration the plight of everyone.

10. Equality Everyone should be treated with equal measure in

society irrespective of their status such as gender, religion, social class, tribe, race as well as being regarded in equal status in all matters involving rights of individuals and people- groups.

11. Human Rights These are God-given, inherent, inalienable liberties and

entitlements to be enjoyed by all people irrespective of their nationality, race, sex, origin, and religion, physical or mental ability without limitations or hindrances except when in breach of the law or other people’s rights.

CONT….12. Non-discrimination and Protection of the

Marginalized Non-discrimination is about offering services and

taking care of all without bias economically, socially, culturally, religiously, politically, physically, mentally or based on gender while at the same time ensuring there exists a balance after the inequity has been addressed.

13. Protection of the marginalized This is about safeguarding their livelihood. This

means taking care of those who have challenges in our midst or those that do not have a voice in the society. It is the deliberate consideration of the weaker members of the society.

CONT…..14. Good Governance Good governance is about having systems and structures

through which the exercise of power and authority can be controlled and held to account. This also refers to elected and non-elected leadership that is accountable and responsible for their actions during their tenure in office. It means responding to the needs of the citizenry, following the laid down procedures with honesty and safeguarding public interests as opposed to individual interests.

In addition it refers to the prudent management of institutions by those entrusted with the responsibility of overseeing the affairs and utilizing the resources for the common good.

15. Integrity It is the adherence to virtuous, moral and ethical principles

for the good of all. This includes having honesty, truthfulness, consistency and moral character both in private and public life. It is also the quality of being steadfast and consistent

about what is right.

CONT….

16. Transparency and Accountability It is the requirement for all to share

information and act in an open manner while being held responsible for our actions, conduct and management of our resources. It includes accepting responsibility for one’s actions and accepting that leadership is answerable and responsible to the people.

17. Sustainable DevelopmentSustainable development is defined as

progress that meets the needs of the present generation without compromising the ability of future generations to meet their own needs.

OBLIGATIONS OF ENGINEERS National government; County government; Constitutional and Independent Offices Government Agencies at both levels of

Government Joint committees, authorities or

companies; Sub- county levels of government. Regional, continetal and International

professional engagements The Institute of Engineers of Kenya Citizens of Kenya

PRINCIPLES OF GOVERNANCE, INTEGRITY, PROFESSIONALISM FOR ENGINEERS IN EXECUTING RESPONSIBILITIES…..

Always conform to professional and ethical conduct in all undertakings

Follow processes that conform to fundamental principles of justice and constitutional guarantees;

Avoidance of arbitrary or excessive action within proffesional scope

Ensuring that the capacity of the reciepients matches with their legal responsibilities;(Counties)

Alignment of finances with functions (FFF Principle).

Principles governing Transfer of Functions:

Subsidiarity to ensure that powers, functions and competencies are assigned to the level of government best placed to perform them;

Transferability of functions between the various levels of government by agreement,

Equal protection and non-discrimination through development of and enforcement of rules, regulations, or ordinances that do not discriminate

PROFESSIONAL AREAS FOR ENGINEERS IN COUNTIES

Agriculture Engineering; Irrigation/ water/ mechanized dairying/ related industries-beef

Sustainable power generation and Gas Reticulation in the counties

County planning: Surveying/Mapping/Housing County public works: Public buildings/ Offices/Roads/

Bridges/Social facilities and Amenities Sustainable solid waste management Disaster management and Fire fighting services Natural Resource utilization- geological and other

resource mapping Manufacturing and industrial development ICT integration in County policies and development

initiatives County Transport; ferries and habours/street lighting/

traffic and parking/public road transport (by-passes) All 14 County functions and others transferred by

National Government under MoUs and Legislations.

PROJECT FINANCING What is the project about and how was it conceived? Who are target beneficiaries and do they own the

project? What is its implementation framework? NEMA

Approval- (EIA),Legal, Supervision, Financial, Contractual, time span.

Which is the implementing agency? Capacity, professional integrity, competence, previous demonstrated projects management and completion.

Stakeholder and public participation in the implementation process? Public involvement/representation in the Implementation Committee; Regular stakeholder consultative and information sharing forums; opportunity sharing; and use of local knowledge.

Integrity; Professionalism; Ethical.

OPERATIONAL GOVERNANCE STRUCTURE OF COUNTY GOVERNMENT

Source APSEA Reports(2012)

ELABORATE INTER-COUNTY RELATIONSHIPS

Source: APSEA Devolution Report (2012)

CONSTITUTIONAL, LEGAL AND PROFESSIONAL EXPECTATIONS:

Fully understand and internalize; Constitution of Kenya 2010 Participate, contribute in reforming and realigning your

Professional Institutions/Professional Management and Codes of Conduct; All legal frameworks guiding your respective professions (Water/ Minerals/ Roads/ ICT/ Agriculture /Environment....)

County Legislations:- Devolved Governmnets Policy Transition to County Governments Act 2012 County Governments Act 2012?? Intergovernmental Relations Act 2012 Urban areas and Cities Act, 2012 Public Finance Management Bill, 2012

CHALLENGING INSPIRATIONAL QUOTES

“You must be the change you wish to see in the world”- Mahatma Gadhi

“Change will not come if we wait…..we are the ones we have been waiting for. We are the change we seek”- Barrack Obama, US President in a Speech in 2008.

“…It’s the little things that citizens do, that’s what will make the difference. My little thing is planting tree…” Late PROF. WANGARI MAATHAI. LAUREATE, 2004 NOBEL PEACE PRIZE

I pose the question to us……

Which change do you wish for? What inspires you? What is your little thing as a professional

Engineer?

END…