Waziri mwingine Kenya Kukumbwa na Kimbunga.

Indume Yene

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Mar 17, 2008
Ni hivi karibu bunge lisilo na Masihara Afrika Mashariki (Kenya) lilimpigia kura ya kutokuwa na Imani na Aliyekuwa waziri wa fedha na kusababisha waziri huyo kuachia kitumbua chake kudondoka mchangani. Sasa kunaelekea sakata nyingine ambayo nayo inaweza kumkuta waziri mwingine. Habari zaidi soma hapo chini:-

Minister overrules experts’ word on work permits.

By Andrew Teyie

Immigration minister Otieno Kajwang’ has ignored technical advise and opened the doors to members of a controversial sect, The Standard can reveal.

In decisions that could put another member of the Grand Coalition Cabinet on the spot, the minister’s actions appear to reflect indiscriminate use of discretion.

Against the advise of his Permanent Secretary, Mr Emmanuel Kisombe and the Director of Immigration Services (DIS), Mr Joseph Ndathi, the minister gave passage to eight members of the controversial Church of Jesus Christ of Latter Day Saints.

On the minister’s orders Andrew Barney, Jordan Casey, Canton Hutchison, Basil Khuzwayo, Michael Papworth, Solly Sibiya, Jordan Skidmore and Clayton Whiting — all members of the Latter Day Saints — were eventually allowed entry.

Mr Ndathi, the DIS, remarked exasperatedly after the minister ignored his counsel and directed that the papers be processed: "The minister has ruled despite my technical advise that these permits should not be approved."

"These permits have delayed inordinately even after I directed that they be issued. Can they be released today!" Kajwang’, had earlier ordered the DIS.

Documents in our possession show 17 members of the sect had initially applied to enter the country. The DIS had cleared 10 members of the sect but barred the seven.

His terse comment when reached on the telephone yesterday was: "I am the minister in charge and the buck stops with me. Nobody can purport to teach me what to do."

Foreigners given work permits

The minister has also approved work permits and ordered the issuance of citizenships ignoring the professional opinion of technical staff.

Mr Kajwang’ has also approved 15 work permits and 15 citizenships for foreigners, mostly Asians.

Ordinarily, the minister is expected to rely on the advise and guidance of the PS and DIS in carrying out this important exercise.

In one case of an immigrant seeking a work permit, the minister told off the PS and DIS and ruled: "I have read the advice. I, however, direct that the permit be given for two years."

The professional opinion of both the PS and DIS was that the particular job for, which was being sought by the foreigner, could be done by locals.

"He is a BSc and BCom degree holder. He is employed by a retail store. These are jobs that should be preserved for Kenyans," Ndathi wrote. On his part the PS concurred: "Agreed, this job can be done by Kenyans."

But five days later, the minister shoved aside the recommendations and ordered that the foreigner be issued with a two-year permit.

The Economic Survey puts unemployment rate in the country at 65 per cent, one of the highest in the world. The National Rainbow Coalition’s pledge to create 500,000 jobs between 2003 and 2007 was largely unmet. Thousands of qualified Kenyan youths remain jobless.

Veto powers

Drawing from the veto powers vested on him by the Immigration Act, Mr Kajwang’ as late as last week refused to take the advice of technical staff.

According to the Immigration Act, Chapter 172 Section 10, all Immigration officers draw their power from the minister.

It states, among other things that "there shall be such number of Immigration officers as may be necessary for the purpose of this Act. In the performance of their functions under this Act, Immigration officers shall act in accordance with such instructions as may be given by the minister".

Overlooking the comments of Mr Ndathi, who refused to grant a foreign businessman a Class H work permit, the minister went ahead and sanctioned the application.

In a letter dated June 3, Ndathi states: "The applicant submitted an application for class H entry permit on August 16, 2006. The applicant did not meet the minimum capital requirement provided by the law, consequently the rejection should be upheld."

According to the letter to Kajwang’, the applicant had low capital (Sh1,090,667). The minimum capital for any investor provided by the investment promotion Act, 2004 is US$100,000(approximately Sh6.2 million).

"I have seen your advise, but I have directed that the work permit be granted," the minister lashed back, utterly disregarding the advise set in law under the Investment Promotion Act, 2004.

In another case, involving an Ethiopian woman seeking Kenyan citizenship, the minister directs the DIS to process her papers by merely stating he is satisfied the lady is entitled to a Kenyan citizenship.

"I have read the application of Elizabeth Tadile Abe and the attached documents. I am satisfied that she is entitled to Kenyan citizenship. Urgently process the necessary documentation for my signature," Kajwang’ directed.

Source: The Stadard.
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