Kenya: Where whistleblowers are villified

It is as surprising as it is disturbing that a whistle-blower rather than being embraced by the official system should be harassed and vilified for playing a most critical role of calling attention to wrongdoing.
A disturbing trend is taking root in Kenya. A culture of intolerance largely targeting individuals that expose wrongdoings by public officers is mounting.
The most recent incident was last month, when blogger Abraham Mutai was arrested in Mombasa and carted off to Nairobi where he was detained for close to 24 hours and then released.
The arrest was closely followed by the temporary suspension of his Twitter account and blogs. Over the past two months, Mr Mutai had published information, backed by documentary evidence, of alleged corruption in a public agency and some county governments on his online platforms.
This is inconsistent with the oft stated commitment to the fight against corruption and crime generally. It is worth noting that for every investigation or prosecution that is carried out, there is inevitably a whistle-blower involved.
It is becoming clear by the day that in our present environment, blowing the whistle carries a high personal risk – particularly when there is little legal protection against dismissal, humiliation or even physical abuse.
Just as it was for David Munyakei in the Goldenberg scandal and John Githongo in the Anglo-Leasing scandal in the 1990s and 2000s respectively, whistleblowers in 2015 face retaliation in the form of harassment, dismissal from employment, blacklisting, threats and even physical violence, and their disclosures are routinely ignored.
One of the biggest challenges in preventing and fighting corruption lies in detecting and exposing bribery, fraud, theft of public funds and other acts of wrongdoing. This is especially true in Kenya as a vast majority of Kenyans will not report corruption when they encounter it.
The East African Bribery Index 2014 published by Transparency International Kenya shows that nine out of 10 Kenyans who encountered bribery while seeking public services did not report the incident. Varied reasons were given for non-reporting, among them the fear of reprisal or intimidation.
Whistle-blowing is one of the most effective ways of detecting fraud and wrongdoing and facilitating measures to minimise or to prevent further losses. One would therefore expect the relevant authorities to act on information provided by whistle-blowers by conducting further investigations on the alleged corruption incidents, rather than oppress whistle-blowers.
Individuals that come forward to disclose wrongdoing should be embraced and protected, not harassed and ostracised.
 In order to encourage whistle-blowers in Kenya to step forward with information, we need to minimise the risks they face as a result of disclosure.
An effective whistle-blower management and protection system begins and ends with strong policies that clearly and emphatically send a two-fold message that: the Government embraces good faith whistle-blowing; and the whistle-blower will suffer no adverse repercussions as a result of bringing an issue to the attention of those in authority or the public.
We recognise the effort that various stakeholders have invested so far in realising a whistle-blower policy and law. The Department of Justice has been spearheading this process, which Transparency International Kenya supports.
A good whistle-blower protection policy and law will go a long way in protecting people like Mr Mutai, who come forth with reports of corruption and attract reprisals for their actions. Mr Mutai's experience ought to add impetus to the process.
The Office of the Attorney General, under which the Department of Justice falls, should expedite the finalisation of the legislation for tabling in Parliament, and eventual enactment.

The Valentine's day trap

This week, he might wake up before his alarm goes off, he will prepare and leave for work without waiting for you as usual.
He will not have breakfast in the house, blame it on the ‘busy’ schedule, and not even appear bothered that he is driving off alone in the car you bought together and subjecting you to the push and shove at the bus terminus every morning.
Remember that worn out suit that you detest? The one that makes people think you are a bad wife?
Yes, he will make sure he has it on at least twice this week. Do not, I repeat, do not try to convince him otherwise; it’s a trap, let him put on all the worn out clothes he wants.
If at all you leave the house together every morning as the ‘happy couple’, don’t try to question him when he pulls the above stunt. Give him all the time he needs to leave the house earlier than expected.
There is a very high possibility that he will ignore your love messages this week, or better still, he might decide to answer them after 32 hours using that one word that makes your heart sink... ‘ok’. If he does that, send him another text of how happy you are after receiving his ‘ok’ reply, in fact, offer him a date for that reply.
Do not dare cook his favourite meal this week, otherwise you will curse the day you met him. Chances are that he will not even move near your meals.
This is because he might decide to get back home full, ready to go to bed. I repeat, it’s a trap. So to save yourself the heartbreak, stay away from the kitchen unless it’s for your own good or the children. If anything, the moment he comes back home and says he is full, smile at him, give him a kiss and say you love him!
This week, he might come to bed and decide to sleep letter ‘Q’ yet he knows very well your bed is too small. He is aware the other will have to bear with sleeping on the edge ready to fall off. Do not throw tantrums, just squeeze yourself in the small space left and sleep letter ‘I’.
Come to think of it, it will even be a miracle if he comes back home throughout the week. Chances are that he might spend some of the nights out and will not bother to explain himself.
I hope by now you know it’s still a trap. If he spends the night out, use that night to sleep all the possible letters on your bed without limitations. When he comes back, welcome him with a high five and tell him how you missed him.
A lot of men will do these and much more annoying things this week just so their women start a fight. Guess what will happen next? He will make sure the fight goes all the way to Valentine’s Day.
We know what will happen if he is not in good terms with you on Valentine’s; someone else will enjoy the day with him. Maybe, just maybe, he already has that someone else in mind this week. Ladies, let us play cool this week. Say NO to whining and nagging.
Relax, morning will come, exactly one week from now. If he will not be with you and gives a flimsy reason, don’t get mad; once again, when he gets home the day after Valentine’s, open the door, smile and give him a high five...this time on his face!

Kenya: The dilemma in Capital Gains Tax

A capital gains tax (CGT) is a tax on, the profit realized on the sale of a non-inventory asset that was purchased at a cost amount that was lower than the amount realized on the sale(capital gains). The most common capital gains are realized from the sale of stocks, bonds, precious metals and property. Not all countries implement a capital gains tax and most have different rates of taxation for individuals and corporations.
The Kenya Revenue Authority (KRA) has defended its decision to re-introduce the capital gains tax saying this is meant to seal evasion loopholes.
THE EXCUSE:
The taxman said the law was merely suspended in 1985 to enable growth in the property market.
In documents filed at the High Court, the authority said reintroduction of CGT is geared towards achieving among other things, fairness in the burden of taxation.
“Horizontal equity relates to where individuals with similar economic circumstances should bear a similar tax burden. Vertical equity requires taxpayers with greater ability to pay a larger tax burden than those with lesser ability,” Mr James Ojee from KRA said.
He said the reintroduction will minimise tax evasion noting that its absence could lead to development of complex schemes to convert income to capital gains so as to avoid paying the tax (which makes sense....for now).
THE TWIST:
Kenya Association of Stockbrokers and Investment Banks moved to court asking that the law be suspended fearing tax liabilities.
They said the Finance Act 2014, which introduced the law on January 1 this year, is a violation and threat to investors, and has created vagueness and uncertainty in the market in regard to charges imposed.
THE DILEMMA:
Prior to 1985, the government used to charge tax payable on net capital gains on transfer of property which included securities.
It was, however, suspended in the same year to encourage investment in the sectors which commands the question; Why was it dropped in the first place and what has changed since then?
MY OPINION:
 I don't buy into the arguments for CGT by the tax man. To me, it looks like KRA are just looking for more money to meet a budget that has a recurrent expenditure of 90%, we are paying a select group of people to have lots and lots of fun
Kenya Association of Stockbrokers should fight this Capital Gains Tax especially on buying/selling of shares tooth and nail with KRA to have it nullified in the courts. CGT is hindrance to the development and growth of the economy. I don't buy KRA statement that it is to seal tax evasion loopholes,while many tax evasions are happening in all kind of businesses. My concerns here are simply towards Shares and not on properties capital Gains Tax.
Maybe its time Kenya learnt from Rwanda. Kagame's administration has used tax holidays and waivers to encourage investors. So far, the Rwandese economy is growing gradually!! Kenya should stop strangling the economy further....its already in ICU!!
This is capital punishment!!!

How to successfully limit your career growth

"You worked at the Company for almost 5 years,” a former colleague said. “Is there anything you wish you could go back and do over?"

Looking back I don't really regret the strategic errors, or poor tactical decisions, or career missteps. I made plenty of those; In fact, I limited my career growth to a greater extent. I certainly regretted those mistakes at the time... but today, nah, not really. At least I learned from most of them.

My real regrets are things I didn't say to people I worked with, employees who reported to me, and to at least one person I worked for. Those are the moments I'd like to have back because had I spoken I could have made a difference, however small, in some other peoples' lives. (Apologizing years later, which I have done, is nice -- but it doesn't have nearly the same impact.)

So don't look back with regret. Say these things now. And don't say you're too busy. They won't take long; for maximum impact the y shouldn’t take long. Say what you need to say and then go out on a high. I promise it will be time extremely well spent:

“I'm sorry I didn't...”

We’ve all screwed up, and there are things we need to apologize for: Words, Actions, and Omissions. Failing to step up, or step in, or simply be supportive.

So say you're sorry. And don't follow up your apology with a disclaimer like, “But I was really upset...” or, “I thought you were...” or any statement that in any way places even the tiniest amount of blame back on the other person.

Say you're sorry, say why you're sorry, and take all the blame. No less, no more.

“That was great how you...”

No one receives enough praise. No one.

I failed to tell countless people how well they performed, how awesome they were...

Simply pick someone who did something well and praise them. And feel free to go back in time. Saying, “I was just thinking about how you handled that assignment last year...” can make just as positive an impact today as it would have then. (Maybe a little more impact; because it shows that a year later you still remember what they did.)

Also feel free to go outside your functional area: unexpected praise is a gift that costs nothing yet it’s priceless to the recipient!

“Can you help me...?”

One of my biggest regrets is not asking a fellow supervisor for help. I was given the lead on a project he really wanted to control. To his credit he swallowed his pride (he was senior to me both in tenure and perceived status) and told me he would be happy to help in any way he could.

Even though I could tell he really wanted to help, I never asked: I decided to show people I could handle the project alone. I allowed my ego to be more important than his feelings.

Asking someone for help implicitly recognizes their skills and value. Saying, “Can you help me?” is the same as saying, “You are great at that.”

And here is a practical bonus: You actually get help from the best.

“Can I help you...?” Then flip it around. In some organizations asking for help is seen as a sign of weakness. Many people naturally hesitate to ask. But everyone needs help.

Don't just say, “Is there anything I can help you with?” Most people will automatically say, “No, I'm all right.” Be specific. Say, “I've got a few minutes... can I help you finish (that)?”

Offer in a way that feels collaborative, not patronizing or gratuitous.

And then actually roll up your sleeves and help.

“I'm sorry I let you down.” I was assigned to lead an assignment in a different department. It was the kind I definitely didn't want. So I let it slide. I let other people take up my slack while I focused on projects I was more interested in (and, to be honest, were higher profile.)

My manager had stuck his neck out to get me the project so I could get broader exposure but I, well, I didn't care. Eventually he said, “Everyone knows you're really busy, so they've decided to handle it themselves.”

I felt bad, but I never said, “I know you went out on a limb to help me and boost my career, and I'm really sorry I let you down. I promise it will never happen again.” That one statement would have chased a very large elephant from the room.

The biggest elephants are emotional elephants. Make it up to you, not other people to chase them away.

Kenya: The Mass-action economy!

Our current law is quite liberal in matters mass action and so there is little room for hang-ups. But that is not the main thing. The question should be when shall we be able to see genuine wholesome development if at every turn we only talk about strikes, boycotts and mass action!!

Today it is the teachers — you can be sure unless things will have changed, close to the time of national exams they will be at it again. Tomorrow it will be university lecturers then the doctors, the nurses, the political class and probably even the police may consider applying a go-slow to ask for their rights.

There is an old Kiswahili saying that loosely translated comes to something like: “When two bulls fight, it is the grass below them that suffers most.”

Bull One: Trade Unions;

Whatever else about trade unions, they are a great blessing to workers because they are allowed by law to fight for the rights and privileges of such workers.

One would hope that they also pay attention to the obligations that those same workers have towards their employer and in the case of service providers like teachers, lecturers, doctors and the like to their immediate clients. When it comes to fighting for those rights, the unions are indeed a most vicious bull.

Bull Two: The employer;

In the case of the provision of services that are paid for by the state it’s the government and other state organs. We have all seen what has been happening in Kenya in the last two weeks. Pupils who go to public schools did not attend class as the unions, the government, the TSC and the remuneration commission kept arguing about rights and privileges and how capable or otherwise the government is to pay. As the fight went on for the two weeks, the real sufferers were the pupils and their parents.

The Economy

One would of course be right to imagine that the children of the unionists and government officers do not go to public schools such as the affected ones but that is an argument for another day. For now it is gratifying to see that after the intervention of the industrial court the teachers will now report to work today. Whichever way the arbitration by the court goes, the question still remains as to how sustainable the current situation is going to be considering the economy.

Of course our current law is quite liberal in these matters and so there is little room for inhibitions. But that is not the main thing. The question should be when shall we be able to see genuine wholesome development if at every turn we only talk about strikes and boycotts.

Today it is the teachers — you can be sure unless things will have changed, close to the time of national exams they will be at it again. Tomorrow it will be university lecturers then the doctors the nurses and probably even the police may consider applying a go-slow to ask for their rights.

Time has come when all stakeholders both public and private must come together to evaluate the current state of affairs and then come up with a policy that will provide a guideline as to how remuneration and productivity must be managed; if only for sustainable growth of the economy.

Government has an obligation to organize such a forum and the sooner the better.

How to survive rush hour

This situation is all too familiar to a lot of people; in our 24/7 culture overworking has become a way of life for many of us. You've only been back from leave for a week and on your PC are tabs upon tabs of emails, documents, and spread sheets. The emails you should’ve responded to days ago remain unanswered, the documents you were supposed to proofread remain riddled with grammatical errors, and the spread sheets lack critical updates. The panic sets in and you start to rush.

 However, rushing around will backfire – you and your team will become stressed and the quality of your work will suffer. Here are 6 tactics to help you finally stop rushing and ultimately be more productive at work:

1. Stop saying yes and start pushing back

It’s all too tempting to take on new projects or accept invites to unnecessary meetings, especially if you want to prove yourself. If this sounds like you, you must force yourself to take a step back and focus your energy into those activities which will deliver the most value for your career and for the business. Do you really need to go to that meeting or would your time be put to better use elsewhere?

2. Make prioritising a priority

At the beginning of each week and each day, write your to do list and concentrate on those tasks which will deliver the most value. Make a habit of blocking out time in your diary to get essential tasks completed. Stick to the timings you have allocated and you will feel calmer in the knowledge that, even if you are not due to action a task instantly, it will get done

3. Be ruthless with distractions

Don’t let valuable time get eaten up with distractions. Focus on one thing at a time. If necessary, shut down your emails and turn your phone off. Make sure you are tough when dealing with interruptions. Firmly tell your colleague who stops by your desk on the way to the coffee machine for a quick chat, that you are too busy.

4. Make every second count

Write a five-minute list – producing a list of low intensity tasks will enable you to make productive use of that spare five minutes before a meeting starts.

5. Don’t be afraid to delegate

You can’t do everything, sometimes you just need to let go of the control and trust others. Review your to do list and ask yourself ‘does this have to be done by me?’ Could you delegate the task to another member of your team? Don’t be afraid to delegate, your colleagues will most likely be pleased at the opportunity to develop their skills, whilst you save yourself valuable time.

6. Take breaks and get plenty of sleep

Try setting an alarm on your phone to remind you to get out of the office. Force yourself to take a break and get some fresh air – when you return you will feel refreshed and ultimately in a more productive and focused frame of mind. The same goes for sleep – get a full eight hours and you’ll arrive at work feeling invigorated and ready to take on the day.

Solve your problems with a smile

Relationships are difficult to manage, depending on how deep or distant the relationship is. The closer people get, the deeper the relationship gets. The deeper it gets, the more personal and more fulfilling it gets. The more personal it gets, the more problematic it gets.
 When conflicts arise in relationships, it is easy to give undeserved attention to the problem than to seeking solutions. Every relational problem can be resolved if the people involved are committed to finding solutions swiftly before problems fester. Problem resolution becomes hopeless when one is committed to punishing themselves or the person at fault. Here is a 5-step problem resolution process
 (1) Admit it. Quickly acknowledge that there is a problem between you.
 (2) Face it. Quickly sit down and face the problem head-on together. Avoiding problems wont make them go away; it complicates them
 (3) Confess it; don’t blame. Even if the other person is 99% guilty, choose to be the mature one and be the first to confess your 1%.
 (4) Value it. Just because there is a problem doesn’t mean the relationship must be dissolved and the person banished.
 (5) Laugh at it. If you overthink and overanalyze the problem you may end up overcorrecting it. Lighten up. There is no sanctity in seriousness. Laugh your way to a better relationship