Shock as devolution ministry faces suit over plagiarism

Devolution Cabinet Secretary Eugene Wamalwa addresses the press at Mombasa Beach Hotel where he launched training on implementation of Kenya Devolution Support Programme for county governments, on August 16, 2018. His ministry is accused of plagiarism. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • Kandagor came up with the Kenya Anti-Cattle Rustling Programme (KACRP) in 2015 while in the US.
  • Kandagor said that the programme has secured promised funding from the International Organisation for Migration running into billions of shillings.

The Ministry of Devolution and Arid and Semi-Arid Lands is staring at a possible suit over alleged plagiarism and intellectual theft.

Borders Community Peacenet– Africa (BCP-A) chief executive officer James Kandagor claims he pitched to the ministry’s senior officials — including Arid and Semi-Arid Lands Principal Secretary Micah Powon — the idea of taming cattle rustling in 33 counties in a written proposal.

But that document, Dr Kandagor claims, was presented in the recent Inaugural Asal Conference in Malindi as the ministry’s original idea without seeking his consent. The forum was opened by Deputy President William Ruto.

“It is wrong for the ministry to steal the community’s idea of resolving the long-standing feud between pastoralist communities. Although I was the brains behind the proposal, it is wrong for Mr Powon to take advantage of my work and have it presented at the conference as his ministry’s work,” Dr Kandagor told the Sunday Nation.

Mr Powon did not respond to our calls when reached for comment.

ANTI-CATTLE RUSTLING EFFORTS

For decades, pastoralist communities in Turkana, Baringo, Elgeyo-Marakwet, Samburu, Laikipia and neighbouring counties have been gripped in a generational feud over land, pasture and water.

Resource wars are common during dry seasons and with population pressures and climate change increasing the frequency of droughts, incidence of violent conflict is likely to increase.

Conflict over shrinking resources between the warring parties has always been manifested through cattle rustling, particularly because these communities depend on the animals for their livelihood.

It is for this reason that Dr Kandagor came up with the Kenya Anti-Cattle Rustling Programme (KACRP) in 2015 while in the US.

After sharing the concept with Interior Cabinet Secretary Joseph Nkaissery (now deceased), he was allocated space at Harambee House for the establishment of the KACRP, which was completed after a year of regular correspondence.

AWAITING APPROVAL

He initially operated under the Kaporion Community Peacenet (a community-based organisation), which was later upgraded to the non-governmental organisation BCP-A.

The newly registered NGO — certificate No OP.218/051/16-102/10308 dated June 17, 2016 — and the Interior ministry entered into a Memorandum of Understanding (MoU) for the establishment of the anti-cattle rustling programme, which was given a seal of approval by the Attorney General and Interior PS.

However, the document has been awaiting the signature of the Interior minister since the death of Mr Nkaissery.

“The NGO received support from donor funding agencies but are still waiting for the approval signature of the Interior CS to enable them source for more resources to support the affected communities,” Dr Kandagor says in a letter to AG Paul Kihara dated August 29.

He adds that the programme has secured promised funding from the International Organisation for Migration running into billions of shillings.

“Due to the long delay in getting the approval signature from Interior ministry, our donors have suggested we get a signature from a CS of any ministry that falls within the framework of the programme activities,” he continues in the letter.

STOLEN IDEAS

It is then that Dr Kandagor claims to have met with Devolution boss Eugene Wamalwa and Mr Powon to approve the MoU to enable the donors release funding for the implementation of the pilot phase of the initiative.

“Senior ministry officials advised us to wait for a feedback after two weeks to enable them undertake consultations. But the ministry scheduled the conference touching on the same innovative ideas and have gone ahead to utilise our intellectual ideas with a pretence of having originated it without our consent or enjoinment,” Dr Kandagor complained in the letter copied to the head of public service.

Although thankful for the gesture from the Interior ministry accepting the proposal, Dr Kandagor states that the sister ministry of Devolution and Asal has taken advantage of his intellectual property.

“Armed with stolen innovative ideas from our proposal, the ministry has gone ahead and even with audacity invited the Head of State and the deputy president to grace the function in order to invalidate my programme for their own gain. We have copied our lawyers to commence any action that we may deem necessary,” he said in the letter.

He said communities in the North Rift counties have agreed to donate land for a Modern Community Group Ranch.