Intellectual property rights

"A national IPR policy to protect indigenous knowledge and traditional medicine  is paramount but a bill that was tabled in parliament to that effect is taking too long to be enacted allowing Kenyans with indigenous knowledge continue to suffer losses to foreigners"

 By Khalwale James

Kenya is facing high losses of intellectual knowledge to foreigners out of lack of awareness by inventors. Many inventions have also been put underground as institutions and individual inventors fail to recognize the importance of their intellectual works.

Kenya industrial research and development Institute (KIRDI) intellectual property rights director Ms Rose Mboya yesterday also said that Kenyan researchers do not understand the importance of applying for intellectual property rights (IPR) which has made then lose benefits of research findings and inventions.       

Ms Mboya pointed out that most Kenyans had therefore opened way for foreigners to take advantage and sign patents on local inventions in their names leading to a continued loss of monetary benefits and other rewards. 

She said that KIRDI has received about 70,000 trade mark applications 50% of which are local small and micro enterprises adding that applications for patents had been so negligible and that Universities were doing poorly in application intellectual property rights.

"Many Kenyan researchers apply for copyrights and trademarks not patents. This however doesn't mean that they don't invent but they are just unaware of their inventions," she said during a presentation.
        
By 2004, only Moi university, Kenya medical research institute, KEMRI,  International livestock research institute, ILRI and Kenya agricultural research institute, KARI had an IPR policy according to a research by Ogada et al.         

Although patents can be granted on any invention that is proved not to have been in existence before, some of them cannot be allowed by any government.        

The IPR director said that new methods of treating a patient, doing business or performing mathematical calculations cannot qualify for patenting because they can lead to inconveniences to many people.        

The researchers were however reluctant to welcome the fact that all intellectual rights are owned by the employer in the event that the inventor is an employee of the institution and used its resources significantly including time unless a written agreement prior to employment saying otherwise had been signed. But whichever the case, the inventor gets an equitable share on benefits. 
       
Researchers and lecturers of Maseno University expressed for the need of a national IPR policy to enable economic, scientific and technological growth apart from just protecting inventors against infringement.
       
The lecturers also blamed the government for being less aggressive on intellectual property rights making institutions to come up with their own policies that were inventor unfriendly.      

"That is why our Kyondo was lost to the Japanese. Our country has no policy completely," remarked the university dons professor Job Jondiko.       

According to professor Jondiko, a national IPR policy to protect indigenous knowledge and traditional medicine  is paramount but was worried that a bill that was tabled in parliament to that effect was taking too long to be enacted allowing Kenyans with indigenous knowledge continue to suffer losses to foreigners.     

He said that Japanese visitors had enticed Kenyan women who eventually surrendered all skills about the Kyondo to them. He indicated that Japanese inventors had already patented their kyondo but the Kenyan one was not despite coming on the market earlier.      

Local people with indigenous knowledge and skills had also been left behind with people in fear of undertaking risky investigations. Whereas research finding aid the economy a great deal in making strategic planning, the government may not be in readiness to support it.     

The executive director of the center for research and technology development (RESTECH) Professor Wellington Otieno said that research leads to socioeconomic development and pointed out that Japan and Taiwan among others lead in investments in intellectual property rights in the world and that other countries should emulate.      

He said the Kenyan land is just 20% arable and could not be dependent for economic growth in comparison with the importance of science and technology. He appealed to banking institutions to see patents and copyrights as alternatives to land title deeds and physical property which are mainly used as collaterals.       

With intellectual property rights policy, different stakeholders conflicting interests following an invention which include coverage of IP policy rights, ownership of IPR, cases of disclosure or leakage of the innovation, marketing and monetary benefits, distribution of income can be solved amicably. It will also promote science, technology and progress.

Raila Odinga, quick recovery!

 
June 30, 2010

By Khalwale James

Raila addresses the media after being discharged from hospital. He had undergone a head surgery after a percieved headache, a conditions doctors called pressure in the brain. Below, the Prime-minister is comforted by his wife Idda at the hospital.

 

Church leaders from Nyanza province wished the Prime Minister Raila Odinga a quick recovery and resume his activities of building the nation following a head surgery performed on him to relieve a build up pressure.

The Nyanza council of church leaders chairman bishop Dr Washington Ogonyo said that the church fraternity should also engage in prayers arguing that this would facilitate a quicker recovery.

He urged Kenyans to remain cool because the prime minister was in a stable non-dangerous condition.

Bishop Ogonyo also asked Kenyans to be peaceful in the ongoing referendum campaigns and fully unite to pass in the new constitution

"The doctors who have operated him have described the operation as minor and recommended a bed rest for him. We believe he is healed in the name of Jesus Christ," said the bishop.

Parliamentary aspirant released on Ksh 100,000 cash bail

June 30, 2010
By Khalwale James

A Kisumu west constituency parliamentary aspirant was yesterday released on a cash bail of Ksh 100,000 from a Kisumu court over charges of allegedly obtaining money through false pretences of which he pleaded not guilty.

Before deputy registrar Mrs Maloba R.B.N, the court heard that the accused person, Mr Israel Mourice Kodiaga had allegedly obtained Ksh 450,000 from Lynn millers by falsely pretending that he was in position to supply their Hand of God ministry with 2000 one day old chicks.

The charge read that he had committed the offence on March 2010 at Nyateng Kidi poultry offices in Kisumu with intent to defraud.

The state investigation prosecutor Mr Kipkemboi however told the court that releasing the accused on bail would jeopardize investigations claiming that the accused person was also being tracked by police in Eldoret over related offences for allegedly obtaining money by false pretence from Dr Raburi but he has been evading them. 

Mr Kipkemboi surfaced that releasing Mr Kodiaga would give him a chance to evade police arrest as he has done in Eldoret.

Mr Ochieng advocates on behalf of the parliamentary aspirant opposed the prosecutions plea saying that it was constitutional for any accused person to apply for a bail unless provided for a specific law.

"You only charge somebody when investigations are complete," said the advocate, "He is a person of a fixed abode, a man of a family," he added.

He therefore declined the justification that his client was wanted in respect of other offences stating that the accused should be released on bail and be summoned to report to the police or conditions that can be met.

On her ruling, Mrs Maloba granted the accused a choice to be released on bond of 200,000 and a surety of a similar amount or a cash bail of 100,000. She argued that the prosecution did not elaborate how investigations would be jeopardized.

She also said that the prosecutors can apply to have the accused report to both Kisumu and Eldoret police units to facilitate pending investigations.

About his escape as claimed in the prosecution, the deputy registrar wondered why it had been possible to have the accused person in court yesterday to answer this charges.

"The fact that he has not left this country means he can easily be found. The police have machinery in the whole republic," she declared before effecting his release on the cash bail.

 

Uendeshaji pikipiki wadhuru afya ya watoto jijini Kisumu

Uendeshaji pikipiki  wadhuru afya ya watoto jijini Kisumu

Waendeshaji pikipiki jijini Kisumu wawangojea wateja. Ni mara nyingi waendeshaji pikipiki hawa hukosa adabu wanapokuwa kazini hasa wateja wanapokuwa wengi. Wengi wao huwabeba abiria zaidi ya mmoja kinyume cha sheria na tena huendeshasha vigari hivi bila ya kujali afya zao na zile za wateja wao. Picha na James Khalwale

Khalwale James
Ni jambo la kawaida tu kwa wanaoendesha pikipiki jijini kisumu kutovalia kofia yao rasmi yaani helmeti na nguo za kuzuia upepo mkali wanapokuwa kazini hata wakati wa vuli au masika. Wao huenda kwa kasi sana huku wakiyahatarisha maisha ya watu wengine wanaotumia barabara.

Hata ingawa tabia hii huwaweka hatarini kiafya, wadadizi kutoka pande zote mbili yaani wanaotumia pikipiki na maafisa wanaosisitiza sheria za trafiki wamelenga kuchukua hatua. Inashangaza kwamba pikipiki hizi hubeba abiria zaidi ya mmoja, wawili nyuma na mmoja(mtoto) mbele, kinyume na jinsi inavyotakikana. Mara nyingi, wao huwabeba watoto mbele ya vitufe vya kuingizia petroli karibu na vifua vyao.

Kwa hivyo, watoto huwazuia waendeshaji hawa dhidi ya upepo mkali, kazi inayofaa kuwa ya helmeti, buti na jaketi. Tabia hii hasa huonekana macheo na machweo watoto wanapopelekwa au kuotolewa shuleni.

Mwishowe, watoto watashikwa na magonjwa sugu hasa ya kifua na yale yanayoathiri njia ya kupumua kama vile Pneaumonia na asthma hasa tukizingatia umri wao ulio mdogo sana.

Walezi na wazazi wanafahamu athari zinazoambatana na matumizi ya pikipiki bila kutumia mavazi yafaayo.

Hivi maajuzi, maafisa wa polisi wa mrengo wa trafiki walipeksheni pikipiki na kuwanasa wahudumu wengi waliopatikana na hatia ya kutozingatia sheria za matumizi ya barabara.

“Peksheni dhidi ya pikipiki ni sawa tu na ile inayofanyiwa magari na sisi huangalia jinsi sheria za trafiki zinavyotumiwa na wahudumu. Tukishamaliza peksheni ya pikipiki, lengo letu kuu ni kupiga peksheni kwenye baiskeli na lori.” Alisema bwana Kinoti Martin, afisa wa udumishaji wa sheria za trafiki mkoa wa Nyanza wakati walipokuwa wanasaka mabasi yanayoendeshwa kinyume na kanuni hizo kule Ahero.

Ajali zinazohuzisha vyombo hivi vya matembezi zimeendelea kuongezeka hapa nchini. Katika maeneo ya Mashamba, watoto na watu wakongwe hujipata taabani na kuangua vilio pikipiki zinapokaribia kwa jinsi zinavyoendeshwa kwa mwendo wa kasi sana.

Siku chache zimepita sasa baada ya ajali mbaya zaidi baina ya pikipiki mbili zilizoonana uso kwa uso Kule Luanda. Watazamaji wa kisa hicho waliachwa vinywa wazi baada ya kutokuwa na uwezo wa kuwasaidia waathiriwa kwa maana walikufa papo hapo baada ya damu kutapakaa njiani na kuzuia biashara kwa muda mfupi.

Jambo linakera hata zaidi ni jinsi watoto wanavyohatarishiwa maisha yao ya baadaye. Jeneza la karibu zaidi na lililofiche ni kitufe hiki. Hata bila ya kutokea kwa ajali inayoonekana, hutayarisha kifo cha mtu yeyote anayekitumia bila ya kinga.

Kuakikisha matumizi bora ya chombo hiki bila kuhofia shida ya kiafya mhudumu anafaa kuzingatia maelezo haya.

Mafunzo ya uendeshaji

Waendeshaji wengi wa pikipiki Kenya hawajapata mafunzo rasmi ya kufanya kazi hiyo ndiposa mikasa mingi isiyopendeza kama iliyoonywesha hapa juu imemea mizizi. Kulingana na idara ya trafiki mjini Bungoma, ajali za pikipiki zimekuwa kero kubwa kabisa la maisha ya binadamu. Picha na James Khalwale.

Kwanza, madereva wengi humu nchini wamepuuza vyuo vinavyopeana masomo na ujuzi wa kuendesha na kupambana na hitilafu ya mitambo ya pikipiki. Wao hujifunza kuendesha pikipiki kutoka kwa wenzao vijijini na mitaani ambao walipitia hali ile ile.

Kwa sababu hii, wengi wao hawatambui sheria na nembo zinazotumiwa barabarani. Vile vile, hawana uwezo wa kujidhibiti vilivyo wanapoendesha pikipiki. Kwa mfano, wengi hawajui matumizi ya gia.

Matumizi ya madawa ya kulevya
Pili, Madawa ya kulevya ni hatari kwa kazi yoyote inayohitaji uangalivu wa hali ya juu. Mwenye kutumia madawa mara nyingi husahau maagizo na utaratibu unaohitajika hasa akiwa barabarani. Yeye hulegealegea hali inayoongeza uwezekano wa ajali ya aina yoyote.
Chunguza pikipiki yako kimakini

Kadhalika, kabla ya kuanza safari yoyote, chunguza ikiwa pikipiki ina hitilafu. Uchunguzi huu ni muhimu kwani utakuokoa dhiti ya breki kukataa, gurudumu kupungua hewa na kadhalika. Pikipiki siku hizi zimewekewa kioo rasmi cha kuzuia baridi kuingia kwenye kifua ingawa ni za bei ghali. Kioo hiki kikiwa dhabiti, utahakikishiwa afya bora.

Kuhakikisha unazingatia wengine wanaotumia barabara, vioo viangaza nyuma sharti viwe sawa. Taa zinazopeana ishara ya kila aina tena lazima ziwe kamili. Hali hii itazuia ajali nyingi za barabarani.
Mavazi.

Aidha, magonjwa ya kichwa yanaweza kukushika usipotumia kofya au helmeti na Mavazi mengine rasmi kama vile buti na jaketi. Wakenya wengi huendesha pikipiki huku wamevalia shati, slipasi na wengine hata na suruali fupi, pia kaptura. Mavazi haya ni sawa kwa wahudumu wa bodaboda ya baiskeli kwa sababu wao hutumia nguvu zao kuendesha kifaa hiki hali inayosababisha joto mwilini.

Pikipiki kwa upande mwingine hutumia mafuta ya petroli kuenda na miili yao haifanyi kazi. Hata kwa mwendo uliomdogo kabisa, kutovaa mavazi yaliyotajwa huathiri mwili kwa kiasi usichoweza kutambua haraka.

Magonjwa ya macho, kichwa, njia ya kupumua, ngozi ya mwili na kadhalika ni mojawapo tu ya madhara haya na matibabu yake ni ghali sana.

Je, unaonekana? Licha ya hayo yote, Kuendesha Pikipiki usiku kuna mahitaji mengi. Mhudumu sharti avae nguo inayorudisha mwangaza nyuma (reflector)ili kuzua ajali kutoka upande wa nyuma hasa kwa kugongwa na magari. Washa taa-ishara zinazotakikana ndiposa wengine wanaotumia njia wakuone. Honi haifai kutumiwa ovyo ovyo. Wakati mwingine polisi wa trafiki wananaweza kukushika kwa kuitumia vibaya au kufanya kelele zisizofaa.

Maagizo Zaidi Hatimaye, endesha polepole hasa kwenye kona au njia panda. Vilevile, kuna sehemu zilizo na ilani ya mwendo unaohitajika kwa mfano karibu na shule, sokoni na kadhalika.
Fanya uchunguzi wa macho kabla ya kutumia chombo kile. Ni hatia kwa watu wasioona vizuri kuendesha kitu chochote kwenye barabara iliyo na wahudumu wengi.

Usiendeshe karibu sana na magari na ujizuie kuwakasirikia dereva wengine kila maanake waweza kusababisha ajali kwa urahisi.

Save and Invest

By Khalwale James

This is how Kenya looked like in 2008 after the disputed elections between president Kibaki and Prime minister Raila Odinga. economic analysts point at the post election violence as a source of economic turn-down whose effects will be felt for another 15 years. Investors are finding it hard to settle back to their financial positions after a lot of property was destroyrd during the violence. This photograph was taken from Kakamega town in Western Kenya in 2008. This place was not hit as much as Nairobi, rift valley and Nyanza. Picture by Khalwale James

 

This trader in West Pokot district is struggling to have ends meet after his Mango business suppliers from other parts of the country were drastically affected by the post election violence aftermaths. hopefully, business will pick up normally after a few months.

The fact that post election violence visited the country a few years ago, Kenyans developed fear for savings and venturing into investments. The economy has therefore been characterized by high inflation rates leading to outcries of poverty.

Kenyans however understand that savings and investments boost the economy. An investment therefore acts as an insurance policy for one’s life and the beneficiaries. It also acts as a tool for self responsibility, self reliance and a source of economic empowerment. This is especially salient to young upcoming individuals, the youth. Saving and borrowing are a method that improve our being and therefore a security to the economy.

Economic recovery
The Kenyan economy is still recovering from a 1.7 % to the targeted 4% by the end of this year. However, there has been an observed reduction in the saving patterns of Kenyans since the post-election violence because of high inflation rates and lack of capital which have caused an acute fluctuation to the economic growth pattern.

Saving, however, has not been the issue of concern amongst most rural dwellers who on practice savings and investments on small scale in comparison to the urban people. Town dwellers have easy access to banking facilities which enable them save little cash or borrow bank loans for investments.

Most of them are also bread winners to their rural counter parts and must just work out ends to meet. Indeed, Kenyans are bright and can utilize their intelligence in saving and investments to help make a bright future

Saving and investment patterns are slightly different for the two groups with rural dwellers specializing in the agricultural economy whereas the urban population try in the commercial sector such as public transport, shops, industrialization among others. Whichever the route, Kenyan can easily access job opportunities wherever they are.

Saving or borrowing to invest?
The job opportunities that the government promised Kenyans during their accent to power in 2007 is not actually working despite efforts to introduce a youth fund, CDF, Kazi kwa Vijana and a few others.

Institutions mandated to take care of these financial avenues to the youth are very corrupt and are simply working on patronage. A few funds (loans) disbursed so far cannot be retrieved because of the culture of free things instilled among some of our people. The fact is that we must learn the hard way to be self dependent.

Borrowing is tricky especially in a countries with less economic stability. Inflation and fluctuations particularly hinder buying of shares and investments.
Over taxation is bound to occur if the currency value changes from time to time. However, borrowing is encouraged with the observed low employment rates with jobs reserved for a few.

Borrowing will help in two major ways: It will create economic empowerment; and will encourage viable and profit oriented investments.

Economic empowerment
Loans will enable people to venture into investments which they cannot managed on their own. It is a partial solution to unemployment. Currently, the government lends money to the Youth as capital through the Youth Fund and this has promoted youth empowerment.

Well controlled borrowing will enable young people to feel esteemed with their education which would have been otherwise useless.

Demand for security such as pay slips or title deeds to give out loans is still a major outlandish to many which the vulnerable groups lack. Although a few financial institutions are silent on this, they should focus more on ability to repay rather than securities.

Profit oriented investments.
Normally a specific repayment period at a particular interest rate is assigned for each loan granted. This demands hard work, proper investments and strictness to the loaned person who in turn strives to make profit and repay installments as fast as possible.

This is used as an advantage for economic growth by enabling risky but profit making investments especially where groups amalgamate to venture into such. It is true to assert that people work best under pressure. Agri-business and Jua Kali are salient investments schemes.

On the other hand, whereas saving can be done by anybody who keeps aside a shilling that could have been spent on impulse or a chewing gum, avoiding unnecessary expenditure with the accumulated amount in future is very involving and requires self discipline.

In economical terms, saving describes the act of proper use of resources and sparing some of which can be used productively to cause economic growth.

Since this method is the cheap and readily available, why should we not adopt it? No one can survive without food for a month and therefore each person can afford to reserve part of this daily meal for a saving.

The main challenge to saving however is poverty with a life of hand to mouth and that the little available is not even enough to allow the saving.

According to a report by the World Food Organization, about 85 percent of world population Kenya inclusive, live below the poverty line. It further states that 85% of the world’s wealth is controlled by the developed nations who form only 15% of the world’s population. This means that many poor people will continue to suffer if they don’t revolutionize.

With good investments, we can self reliant free from dependence from the developed world who often come with their own ultimatums. The economy will grow from the taxes we pay the government and insurance for ourselves and our beneficiaries will be assured.

We shall actualize ourselves with full self esteem and will access more financial requirements from banks because of security from the investments, a preparation for powerful investments which will quickly raise our living standards.

Buying shares in our stock markets and companies, education, business, agriculture and jua Kali are some of the investment avenues we can venture into.

The government should help Kenyans to fight inflation rates. Let the parliamentarians pay tax to pay for some of the expenses left to the common mwananchi. Also if bank would lower rates and solve the issue of securities to the convenience of low income, the problem of unemployment and associated crimes in the country will end and these collective activities will enable fast economic growth.