Constitution in Kenya Essay Example for Free

Constitution in Kenya Essay 1.1 INTRODUCTION The agitation for a new Constitution in Kenya was informed by various past historical injustices ranging from economic, social, cultural and civil to political matters. At the political level, issues on centralized and ironfisted governance kept popping year in year out. The passage of the Constitution of Kenya, 2010 on 4 August, 2010 and its subsequent promulgation on the 27 August, 2010 arguably ushered in a new dawn in Kenya not only in governance but also in the various sectors of the Kenyan society.1 Its adoption has been taunted as the greatest milestone Kenyans have ever achieved other than attaining independence in 1963. 2 The joy at the enactment of the Constitution of Kenya 2010 could not be captured in any other better words than as Justices J. W. MWERA, M. Warsame and P. M. MWILU did in Federation of Women Lawyers Kenya (FIDA-K) 5 others v Attorney General another3 where they stated: Only last year and in our early maritime history we constructed a great ship and called it our new Constitution. In its structure we put in the finest timbers that could be found. We constructed it according to the best plans, needs, comfort and architectural brains available. We tried to address various and vast needs of our society as much as possible. We sent it to the people who ratified it. It was crowned with tremendous success in a referendum conducted on 4th August 2010. We achieved a wonderful and defining victory against the â€Å"REDS†. We vanquished them. The aspirations and hope of all Kenyans was borne on 27th August 2010. We achieved a rebirth of our Nation. We have come to revere it and even have affection for it. We accomplished a long tedious, torturous and painful chapter in our history. We all had extraordinary dreams. It is a document meant to fight all kinds of injustices. It is the most sophisticated weapon in our maritime history. As Kenyans we got and achieved a clean bill of constitutional health. However, the honeymoon is over, it is time to do battle with it.4 However, at the launch of the 2011/2012 Annual Report of the Commission for the Implementation of the Constitution (CIC),5 Mr. Charles Nyachae6 remarked : When Kenyans voted for the Constitution of Kenya 2010, they voted for change and transformation in  the way delegated sovereign power is exercised by government. To achieve good governance, there is need for respect for the rule of law and a leadership that meets the requirements chapter six of the Constitution on leadership and integrity. There is no person or institution that is above the Constitution or is excluded from its requirements. All persons and all state organs are bound by the Constitution and its principles. It is therefore disturbing and a recipe for crisis to have individuals and state organs that have failed to respect the Constitution or the law in any form including judgments of the court. The name for such conduct is impunity and impunity is the antithesis for good governance. Thus, this paper delves into how the National Assembly remains the most blatant manifestation of impunity and impediment to the implementation of the Constitution of Kenya, 2010. In this paper, the term Parliament and National Assembly will be used interchangeably to refer to one and the same institution. 1.2 BRIEF HISTORY OF CONSTITUTION MAKING IN KENYA One of the institutions that were created when individuals entered into civil society is the Constitution. Mr. John Mutakha Kangu7 succinctly explains that having invented a life of civic and or political society, the next realization was the need for some form of law and government to regulate the manner in which human beings dealt with each other.8 He further points out that there was need for rules of engagement which could be used to regulate how members of the society relate, not only with each other but also with the common power.9 The Constitution therefore gives the terms and conditions between the people and the government and the relationship between the people themselves. At independence, Kenya adopted the Independence Constitution under the leadership of Mzee Jomo Kenyatta. The most striking feature of this Constitution was the centralized system of government vested in the Presidency. The Executive dictated what was to happen in the other arms of Government, be it the Legislature or the Judiciary.10 With respect to the Judiciary, the President had the discretion of appointing the Chief Justice and the other members of the superior courts of record.11 It is for this reason that some scholars have argued that the appointment of judicial officers was shrouded in mystery.12 The legislature acted as a rubber stamp for any executive action.13 The agitation for a new Constitution began in  earnest in the 1980’s with demands for expanded democratic space at a time when Kenya was a single party state by law. Most of the civil society and human rights groups demanded the repeal of section 2A of the Constitution that made Kenya a de jure one party state.14 Former president Moi’s government bowed to this demand and amended s.2A of the repealed Kenyan Constitution thus ushering in a new era of multipartyism in Kenya. In the 1992 elections, the opposition was di vided thus ensuring Moi’s retention of power by a simple majority. The Ufungamano Group of 1997 is indicative of a serious demand by civil society groups, human rights activists, opposition leaders and members of the Non-Governmental Organizations (NGO’s) for a new Constitution in Kenya.15 The Law Society of Kenya (LSK), the umbrella regulatory body advocates in Kenya, provided Kenya with visual aid and making of the Model Constitution in November 1994 and the government’s opposition to the re-writing of the Constitution became weaker. However, it did not make a concession.16 The government had no trust in the ability of Kenyan lawyers to draft a Constitution for Kenya. It was on 1 January 1995 that president Moi announced that he was inviting Western Constitutional lawyers to assist the country in re-writing the Constitution. The government however did nothing despite the fact that the pressure for the review to begin was mounting.17 The Western countries were also concerned with the blatant laxity in the government towards Constitutional review yet a lot of agitation for review had been made. In May 1996 when the then United States Ambassador to Kenya, Aurelie Brazeal visited the then Attorney General, the Honorable Amos Wako, he ably convinced the government into conceding that the country needed Constitutional review as a matter of urgency. However despite this concession, no step was taken towards the review process.18 It was in 2000 when the government formed the Constitution of Kenya Review Commission (CKRC) to spearhead the Constitution review process.19 The commission began its work in earnest going all over the country collecting and collating views of Kenyans on the Constitution review process. A National Conference was held at the Bomas of Kenya where a draft Constitution that was a product of intense deliberations, compromises and consensus was agreed upon. However, some persons in the Hon. Kibaki’s government retreated to Kilifi where with help of the then Attorney General, the Honorable Amos Wako, radically altered and mutilated the Bomas draft. In  the referendum carried out in November 2005, the government suffered a humiliating defeat as the proposed Constitution was overwhelmingly rejected. The impact of this development was a cabinet reshuffle that threw out all cabinet ministers who opposed the Constitution. These members formed a formidable opposition group preparing Kenya for the most hotly contested election in the Kenyan history. When elections were held in December 2007, very few Kenyans were anticipating the aftermath of that election. Violence engulfed the country immediately the result for the presidential election was announced on the 30 December 2007 leading to the death of more than 1000 persons and the displacement of thousands of others. Dr. Koffi Annan chaired negotiations aimed at reconciling the two warr ing parties, the Party of National Unity (PNU) led by President Mwai Kibaki and the Orange Democratic Movement (ODM) under the leadership of Hon. Raila Odinga. The negotiations yielded the grand coalition government. The government committed itself to the implementation of all the terms and conditions under which the coalition government was founded as dictated by the National Accord and Reconciliation Act, 2008.20The most reformative of this was the Agenda Four that demanded of the government to carry out comprehensive reforms on land, the Constitution and other sectors of the Kenyan society. The adoption of a new Constitution was therefore top of the agenda of the coalition government. The Constitution of Kenya Amendment Act, 2008 was enacted creating a body called the Committee of Experts (CoE) to lead in the writing of a new Constitution. Participation of Kenyans was also comprehensively provided for in the Act. On the 4 August 2010, the proposed Constitution of Kenya was subjected to a referendum receiving an overwhelming endorsement of 67 % of the voters. The promulgation of the Constitution on the 27th August 2010 indeed ushered in a new dawn in Kenya.21 One of the institutions that were apparently aimed at being regulated is the National Assembly. This was informed by the fact that the institution had been used and by extension allowed itself to be used by the powerful Executive arm to rubberstamp actions that were aimed at either mutilating the Constitution or gagging the rights of Kenyans.22 Even as late as 2003, the National Assembly wanted to impose a Constitution on Kenyans yet the foundation of a civilized society is that sovereignty belong to the people.23 Were it not for the intervention of the High Court, the National Assembly could have arrogated to itself the  power to adopt a new Constitution way back in 2004.24 PART II IMPLEMENTING THE CONSTITUTION OF KENYA, 2010 Many Kenyans sighed with relief when the Constitution was promulgated on 27 August 2010 but a few wise people cautioned that ‘adopting the Constitution is a move in the right direction, implementing it is the big deal.’25 It is noteworthy that one of the major players in the Constitution implementation is the National Assembly.26 The big question that this paper seeks to answer is whether the National Assembly has discharged that noble duty as expected. It will be noted that the National Assembly has confirmed the propositions of Karl Marx who in his theory opined that the rich uses the law to protect themselves. 27 WAYS IN WHICH PARLIAMENT HAS BEEN POSITIVE IN IMPLEMNTING THE CONSTITUTION It would be legally impossible if one was to argue that the National Assembly has done nothing in the implementation of the Constitution for to suggest so would mean the Constitution remains completely unimplemented. This part of the paper highlights the achievements of the said institution which have ensured that the letter and the spirit of the Constitution are effectively and faithfully implemented. 2.1 EXERCISING OVERSIGHT OVER THE EXECUTIVE One of the cardinal duties of the National Assembly is to exercise checks and balances over the other arms of the government in general and the Executive in particular.28 This follows from the foundation of a civilized society in which it was agreed that a government had to be formed so as to ensure protection of the welfare of all members of the society.29 It was however noted that if all the state power was left to be exercised by one person, then the said person was likely to be a tyrant.30 It for this reason that Baron De monthesque vehemently argued for a three-armed government so that each of the arms would be a watchdog over the rest.31 It is for this reason that the Constitution of Kenya provides that the National Assembly manifests the diversity of the nation and represents the will of the people.32 The will of the people is said to have been negated when one arm of government makes decisions that are tantamount to the spirit and letter of the Constitution.33 If there is one act by the Executive that generated more heat in the implementation of the Constitution is the President’s unilateral appointment of the Chief Justice (CJ), the Director of Public Prosecutions (DPP), the Controller of Budget (CoB) and the Attorney General.34 These appointments met strong resistance from the ODM side of the coalition which felt that the Prime Minister was not consulted. The press statement released by Hon. James Orengo tells it all.35 Hon. Orengo maintained that the Prime Minister had not been consulted and this amounted to a breach of both the National Accord and the Constitution.36 The bone of contention went from the legality of the appointments to a debate on the meaning of the word â€Å"consultation.† Those in support of the President maintained that consultations need not result in concurrence, whereas those in support of Hon. Orengo were of the converse position.37 The National Assembly through its chair, the Speaker of the National Assembly, Hon. Kenneth Otiato Marende, restored sanity by declaring that the appointments were unconstitutional as the President had not consulted the Prime Minister as required by the Constitution and the Accord.38 This marked a bold move from the legislature in reminding the executive that the law had to be followed. 2.2 VETTING CONSTITUTIONAL OFFICE HOLDERS It has been pointed out above that the people of Kenya exercise their sovereignty through representation by the legislature. Vetting involves interviews that are meant to ascertain if the proposed candidates satisfy both the professional and integrity thresholds set by the Constitution and the enabling laws.39 Public screening of such high ranking state officers40 such as the Chief Justice has seen improved confidence in the Judiciary. The vetting process has also reduced ethnic and regional imbalance in terms of appointments to public service. It has at the same time ensured gender equality in public appointments.41 Parliament’s Constitutional Implementation Oversight Committee (CIOC) unanimously approved the nominations of Dr. Willy Mutunga and Ms.Nancy Barasa as the CJ and DCJ respectively.42 However, the committee faltered when it came to the appointment of Mr. Keriako Tobiko as the DPP. The Parliamentary Committee on Justice and Legal Affairs rejected Mumo Matemu, Prof. Jane Kerubo Onsongo and Irene Cheptoo keino as the Chairperson of the Ethics and Antic-Corruption Commission and deputies respectively and asked Parliament to do the same. The chairman of the Parliament’s Public Accounts Committee, Dr. Bonny Khalwale tabled documents claiming the Mr.Mumo Matemu had failed to collect sh.2.4 Billion in tax arrears from a company while at the Kenya Revenue Authority.43 This transparent process by the National Assembly marked a departure from the Opaque and non-accountable process of appointments in the past. 2.3 ENACTING LEGISLATIONS One of the major duties of the National Assembly is legislation. Implementing the Constitution demands the enactment of a number of legislations.44 One must give it to the National Assembly for having risen to the occasion and enacted laws at least at the right timelines. Questions have however been raised on the quality of some of those legislations.45 The point to note is the primary level is the enactment and the quality or otherwise of law is a secondary one depending on the lens of the critique. A key achievement of Parliament is the enactment of legislations required under the sixth schedule to the Constitution within the requisite timelines. These are legislations touching on matters of Election, security and devolution implemented according to their requisite timelines. However, the National Assembly extended the period prescribed for the enactment of the bills relating to Public Finance Management, Land and County Government. The extension of time was to allow time for more comprehensive public participation and to address what the respective ministries considered to be contentious issues. By 26 August, 2011 which was exactly a year after the promulgation of the Constitution of Kenya 2010, under the fifth schedule to the Constitution and the agreed schedule of bills, the National Assembly had enacted the following pieces of legislation: the Supreme Court Act, 2011,46 the Independent Electoral and Boundaries Commission Act, 2011,47 the Industrial Court Act, 2011,48 the Urban Areas and Cities Act,49 the Environment and Land Court Act, 2011,50 the National Gender and Equality Commission Act, 2011,51 the Ethics and Anti-Corruption Commission Act, 2011,52 the Elections Act, 2011,53 the Kenya Citizenship and Immigrations Act,2011,54 the Commission on Revenue Allocation Act, 2011,55 the Power of Mercy Act, 2011,56 the Vetting of Judges and Magistrate Act, 2011,57 the Judicial Service Act, 2011,58 the Independent Offices(Appointment) Act, 2011,59 the Kenya National Commission on Human Rights Act, 2011,60 the Commission on Administrative Justice Act, 2011,61 the Political Parti es Act, 201162 and the Salaries and Remuneration Commission Act, 2011.63 PART III PARLIAMENT AS A MANIFESTATION OF IMPUNITY AND IMPEDIMENT TO THE IMPLEMENTATION OF THE CONSTITUTION While Parliament has been instrumental in the production of some key reports and holding the Executive to account, it has however been averse to the processes and institutions which seem to be a threat to their selfish political interests. Having given the achievements of Parliament, hereunder are its chief failures. 3.1 MUTILATION OF THE CONSTITUTION One of the sad stories of Constitution making in Kenya has been the blatant mutilation of the Constitution by the very same authority that is supposed to protect and defend it. Some have argued that the independence Constitution was one of the most progressive Constitutions of the time64 yet Parliament in its intention to amass power and please the Executive amended it severally.65 One of such amendments is the 1982 amendment to the Constitution that made Kenya a de jure one party state.66 The net effect of this amendment was decreased democratic space which subsequently led to curtailment of other rights such as freedom of expression, freedom of  speech, and freedom of association. It is noteworthy that Parliament allowed itself to be used by the executive to propagate the authoritarian agenda. It was a great expectation that the enactment of the Constitution of Kenya on 27 August 2010 would be an incentive to Parliament to live by the spirit of the law. It has however dawned on Kenyans that enacting the Constitution was just a single step in reforming Kenya. The bigger and challenging step is a comprehensive implementation of the Constitution. If the number of sub-standard legislations that have been passed by Parliament is to be used as a test on whether Parliament has truly lived up to its duty to protect and defend the Constitution, then Kenyans have been taken for a ride. For instance, when Kenyans found it fit to include a chapter on integrity in the Constitution, they expected that the Legislative arm of Government would actualize its implementation by passing laws on integrity that would satisfy the requirements of chapter six of the Constitution. However, as Karl Marx in his Marxist theory puts it: the ruling class has continued to use the law to propagate its dominance over the lower class; Kenyan Members of Parliament (MPs) gave a practical application of the Marxist theory67 by watering down the spirit and effect of the Integrity Bill.68 The spirit of the Bill was to ensure that only persons of unquestionable character and integrity are appointed or elected to public offices.69 It is a reasonable presumption that only persons of high integrity will respect, protect and implement the Constitution yet the current Kenyan MPs intend to preserve the status quo70 by ensuring that the law serves them.71 The other legislation that was meant restore sanity by bring discipline in the democratic space in Kenya is the Elections Act. In that regard, one of the historical injustices meted against Kenyans by politicians was the culture of party hopping.72 Party hopping not only encourages indiscipline in political parties but also constrains development of political parties in Kenya. As one of the roles of political parties is to nurture democracy, allowing politicians to join political parties and leave at will is a sure ticket to the road leading to death of democracy in Kenya. S.34(8) of the Elections Act, 2011, required that a member should be in the party list on which s/he intends to contest the elections three months before that list is submitted to the Registrar of Political Parties. In other words, one was to be in the party list by 3 October 2012. However, the amendments by the MPs to s. 34(8) of the Elections Act, 2011 now require parties to submit their lists not later than 4 January 2013. In essence, the amendment means that MPs are free to change political parties until 3 January 2013 which is two months to the elections. The chief mover and champion of the amendment to the Elections Act, Hon. Isaac Ruto, submitted flimsy arguments in support of the amendments. He is one record as having said restricting persons from changing their political parties was tantamount to their rights to freedom of expression and association and if the Elections Act was not amended it would affect MPs and Councilors.73 He stated : Considering the large number of legislators and councilors that may be affected, this provision left unamended is likely to distort if not paralyse these key institutions of governance.74 Reasonable as these arguments may sound, they reflect a failure to understand the import of restricting party hopping. It goes against the principle that one cannot have their cake and eat it at the same time. 3.2 ATTEMPTING TO CHANGE THE ELECTION DATE Article 101 (1) of the Constitution of Kenya 2010 expressly provides that a general election of members of Parliament shall be held on the second Tuesday in August in every fifth year. Kenyans unanimously voted for the Constitution of Kenya 2010 on the understanding that the first general elections under the new constitutional dispensation would be held on 7 August 2012. However, three groups emerged with different dates of the first general election under the new Constitution. The first group was of the view that the date of the election is in the year 2013 and specifically between 15th January 2013 and 15th March 2013.The second group was of the view that the  date of the first elections is on the second Tuesday of August 2012 while the third group favoured an election date between October 2012 and December 2012. Meanwhile, Parliament was in the process of enacting the Constitution of Kenya (Amendment) Bill, 2011which inter alia sought to amend articles 101(1), 136(2), 177(1)(a) and 180(1) so as to alter the date of the next general elections from the second Tuesday of August to third Monday of December. Thus, the Independent Electoral and Boundaries Commission (IEBC) filed in the Supreme Court of Kenya Re Independent Electoral and Boundaries Commission75 seeking an advisory opinion on the date of the general elections under the new Constitution. The Supreme Court considered the matter before it and in its ruling delivered on 15th November 2011 stated, in part, as follows: We will be guided by certain principles which have clearly emerged from the submissions: the High Court is, by Article 165(3) (d) of the Constitution, entrusted with the original jurisdiction to hear and determine any question entailing the interpretation of the Constitution; it is the obligation of the Supreme Court, as the ultimate interpreter of the Constitution to protect and reinforce the conferment of first-instance jurisdiction upon the High Court especially when the matter in respect of which an advisory opinion is being sought, is pending before the High Court; subject to those principles, the Supreme Court will exercise its discretion appropriately, on a case-to-case basis, in accepting requests for an Advisory Opinion. We hereby order and direct as follows: (1) We decline to declare that the Supreme Court has the jurisdiction to render an advisory opinion in the instant matter, but decline in exercise of our discretion, to give such an opinion with regard to the date of the next general election. (2) We reserve the reasons to be set out in a ruling upon notice. (3) Responding to the High Court’s request of 13th October 2011 for directions, High Court Petition Nos. 123 of 2011, 65 of 2011 and 185 of 2011 shall be placed before the Constitutional and Human Rights Division of that Court, for hearing on priority and on a day-to-day basis. (4) The aforesaid petitions shall be listed for mention and directions before the Head of the High Court‘s Constitutional and Human Rights Division on 18th November, 2011.† At the same time, three Petitions were filed at the Constitutional and Human  Rights Division of the High Court with the intention of having the High Court determine the date of the first general election under the new Constitution. The three Petitions were consolidated by the order of Honourable Justice Isaac Lenaola, the Head of the Constitutional and Human Rights Division of the High Court on 18 November 2011 into John Harun Mwau v the Honourable Attorney General and 2 others.76 The three Judge bench77 after considering the submissions of counsels for the petitioners, respondents and interested parties, held inter alia: The date of the first elections under the Constitution is determined by reference to section 9 and 10 of the Sixth Schedule as follows; (a) In the year 2012, within sixty days from the date on which the National Coalition is dissolved by written agreement between the President and Prime Minister in accordance with section 6(b) of the National Accord and Reconciliation Act, 2008; or (b) Upon the expiry of the term of the 10th Parliament on the 5th Anniversary of the day it first sat which is designated by Legal Notice No. 1 of 2008 as 15th January 2008. The term therefore expires on 14th January 2013. The elections shall be held within sixty days of 15th January 2013. (c) The body entitled under the Constitution to fix the date of the first elections within sixty of the expiry of the term of the National Assembly or upon dissolution of the National Coalition by written agreement between the President and the Prime Minister in accordance with section 6(b) of the National Accord and Reconciliation Act, 2008 is the Independent Electoral and Boundaries Commission. In view of the court’s finding on the election date, the court did not find it necessary to express its view on the Constitution of Kenya Amendment Bill, 2011 as it also dealt with other issues that were not germane to these proceedings before the court at that particular moment. As legislature was seized of the matter, it would take guidance from the court’s decision or act within its constitutional mandate as it may lawfully wish to do. The Justice and Constitutional Affairs Minister accordingly withdrew the Constitutional amendments that were hoped to be achieved by the Constitution of Kenya Amendment Bill, 2011 given that IEBC had settled for 4 March 2013 as the date of the first general elections under the new  Constitution. 3.3REFUSING TO PAY TAXES One of the salient features and characteristics of the duties and obligations of Parliament before the coming into effect of the Constitution was the Constitutional right of MPs not to pay taxes.78 The Constitution has now done away with that scenario by expressly providing under Article 210 that every person in Kenya must pay tax.79 The Constitution further expressly prohibits any legislation that waives the duty of every person in Kenya to pay tax.80 Some of the proponents of the non-payment of tax argue that by demanding MPs to pay tax, it would be a violation of their rights under the Constitution. They are of the opinion that the National Assembly Remuneration Act81 had to be amended to obligate them pay the taxes. The Hon. Kenneth Marende, the chief proponent of this argument argued that the law was to be followed if MPs were to pay tax. The opponents of the Mps-crusade of non-payment of tax argued that the Constitution is as clear as a crystal with respect to MPs obligation to pay tax.82 The Government appeared divided on this as the then Justice and Constitutional Affairs Minister, the Hon. Mutula Kilonzo agreed with those who heckled the view that Mps had no obligation to pay taxes until after the first General election is held under the Constitution. Other lawyers such as the Supreme Court Lady Justcie Njoki Ndungu were of the view that Mps were not exempt from paying taxes. The blame must squarely lie on Parliament because they refused to provide leadership on this crucial issue. It is even disturbing because the Speaker joined the bandwagon of those opposed to MPs payment of tax. The refusal to provide leadership and by extension the failure to amend the relevant legislations to give effect to the provisions of the Constitution on payment of taxes amounts to impunity exercised against the Constitution and the people of Kenya. A sober reading and interpretation of the Constitution obligates every  person, MPs included, to pay taxes. The Constitution is the supreme law of the land and all other laws must be consistent with it.83 Similarly, the transitional clauses under Clause 7 of the Sixth schedule which reads; â€Å"All laws in force immediately before the effective date continues in force and shall be construed with the alterations, adaptations, qualifications and exceptions necessary to bring it into conformity with this Constitution.† The effective date refers to the date on which the Constitution was promulgated, that is the 27th August, 2010. The National Assembly Benefits and Remuneration Act is subject to the Constitution hence the MPs have a duty to pay taxes. 3.4 ILLEGAL INCREMENT OF MPs SALARIES AND BENEFITS Parliament has for some time now been the only institution that can decide to hike their pay to preposterous amounts without consulting anybody. With the coming into effect of the Constitution, the power to decide the salaries and other benefits of all state officers has been given to the Salaries and Remuneration Commission.84 Members of Parliament are classified as sate officers under the Constitution hence their salaries must be decided upon by the Salaries and Remuneration Commission. The Mps decided early this year to award themselves with hefty send-off packages amounting to Kenya shillings Nine Million per MP with the pretext that they had the right to such monies as a way of thanking themselves for the good work they have done in the past five years.85 It was with the timely intervention of the President that the taxpayers were spared the burden of paying such lofty amounts of benefits to the Mps. 3.5 SUSPICIOUS REJECTION OF PARLIAMENTARY REPORTS The Kenyan Mps have perfected the art of either amending reports or rejection such reports provided those adversely mentioned in the reports either directly or through proxy give out handouts to the MPs. When Parliament debated on the Parliamentary Report on the Sale of Kenyan Embassy in Tokyo Japan, there were glaring accusations that some MPs had been bribed to kill the report.86 The MPs are said to have taken bribes to amend the Report of the depreciation of the Kenya shilling in which report the Governor of the Central Bank had been adversely mentioned.87 The demeanor of some of the MPs told it all as most of those who are normally perceived as talking on behalf the common mwananchi joined the bandwagon of those who supported the amendments to the Report. If the Mps can stoop low as to take bribes of Kenya shillings 5,000, it must be the worst betrayal of the Constitution. 3.6 DISREGARD OF THE MANDATE OF THE COMMISSION FOR THE IMPLEMENTATION OF THE CONSTITUTION (CIC) AND THE CONSTITUTIONAL IMPLEMENTATION PROCESS The Commission for the Implementation of the Constitution (CIC)88 is a Constitutional mechanism established to monitor, facilitate, co-ordinate and oversee the implementation of The Constitution of Kenya 2010. As provided for in the Commission for the Implementation of the Constitution (CIC) Act, 2010,89 the mandate and functions of CIC is to: monitor, facilitate and oversee the development of legislation and administrative procedures required to implement the Constitution; co-ordinate with the Attorney-General and the Kenya Law Reform Commission (KLRC) in preparing for tabling in Parliament, the legislation required to implement the Constitution; report every three months to the Constitutional Implementation Oversight Committee on progress in the implementation of the Constitution and any impediments to its implementation; and; work with each Constitutional Commission and Independent Offices to ensure that the letter and spirit of the Constitution is respected and; exercise such oth er functions as are provided for by the Constitution or any other written law. Regrettably, a number of bills were approved by the Cabinet and subsequently passed by Parliament without being reviewed by CIC. Also, some of these bills were not subjected to public participation as required by the Constitution. A number of Private Members Bills were also published and subsequently debated in Parliament without review by CIC yet they had a direct bearing on the implementation of the Constitution. 3.7 INCLUSION OF UNCONSTITUTIONAL PROVISIONS IN PIECES OF LEGISLATION AND DISREGARD OF THE  DUE PROCESS There were instances in which Parliament introduced unconstitutional provisions in the bills. A case in point is the introduction of unconstitutional provisions in the County Government Bill 2012, which, subject to the operational command structure set out in the National Police Service Act90 or any other National Security legislation, purported to give the Governor the power to chair the County equivalent of the National Security Council as provided in Article 239 (5) of the Constitution.91 This provision contravened Chapter Fourteen of the Constitution, which places the National Security Council under the National Government. Further, National Security is not among the functions of County Governments as set out in Part Two of the Fourth Schedule to the Constitution, hence there is no County equivalent. PART IV 4.1 CONCLUSION From the introduction, parts II and III of this contribution, it can be deduced that the implementation of the Constitution is not just about the enactment of laws. The principle behind legislative oversight of Executive activity is to ensure that public policy is administered in accordance with the legislative intent, and by inference, the citizens’ aspirations. In this context, the legislative function does not cease with the passage of a Bill.92 It is, therefore, only by monitoring the implementation process that parliamentarians uncover any defects and act to correct misinterpretation or maladministration.93 Implementation involves the promotion of Constitutionalism94 and securing the observance by all state organs of democratic values and principles. The task of implementing the Constitution requires the collaboration and co-operation of state and non-state actors.95 Mr. Charles Nyachae at the launch of the 2011/2012 Annual Report of the CIC observed that the greatest danger to the Constitution is posed by Constitutional organs and state officers who ironically carry the greatest responsibility of implementing it.96 He further observes that it is a Constitutional organ and its individual state officers that seek to pass  legislations that clearly violate the Constitution that they swore to protect and some of the laws that they have passed are enemic to the Constitution. However, Kenyans should be cognizant the fact that article 1 of the Constitution of Kenya vests all sovereign power on the people of Kenya and the sovereign power is to be exercised only in accordance with the Constitution. Kenyans may exercise their sovereign power either directly or through their democratically elected representatives.97 No state organ especially the National Assembly should forget that sovereign power belongs to the people of Kenya and the Constitution is the supreme law of the land. Be that as it may, the implementation of the Constitution brought about increased transparency and accountability on the part of the Legislature as well as the Executive. Increased participation by Kenyans in the development of laws and policies marked a key milestone in the implementation process.98 Public participation in the formulation of public policies is a major gain and represents a paradigm shift from the previous dispensation where most public policies were formulated in a boardroom setup devoid of the people’s input.99 In conclusion, as observed by Mr. Charles Nyachae at the launch of the 2011/2012 Annual Report of CIC, even if we had the most perfect laws in the world, in the absence of a culture of constitutionalism, such laws would be rendered useless and become tools of oppression. All laws, regulations and guidelines on ethics and integrity are of little value if individual Kenyans as well as their leaders fail to ascribe in practical terms to ethical values and principles proclaimed in those instruments. He also observed that in the end, it is a sum total of our individual behavior and character that will reflect the nation’s ethics and integrity. 4.2 RECOMMENDATIONS Though Parliament remains the most blatant manifestation of impunity and impediment to the implementation of the Constitution, there are some steps that can be taken so as to ensure that the Constitution is faithfully and effectively implemented. These steps include: 4.2.1 CIVIC EDUCATION It is worth noting that a greater percentage of the Kenyan population is ignorant of the legislative process as well as the Constitutional implementation process. The same explains why some members of Parliament have on several occasions passed pieces of legislations which they later on admitted that they were not aware of what they were voting for. Civic education among the Kenyan citizenry as well as members of the Parliament will go a long way in creating and increasing public awareness on the opportunities, procedures and the rights relating to participation in legislative policy and other Constitution implementation processes. 4.2.2 INCREASING PUBLIC PARTICIPATION IN THE LEGISLATIVE PROCESSES Public access and participation is envisaged in the Constitution of Kenya, 2010. Article 118 (1)(b) provides that Parliament shall facilitate public participation and involvement in the legislative and other business of Parliament and its committees. However, the clandestine manner in which Parliament has been conducting its affairs especially when it comes to increasing its salary and awarding itself hefty send-off packages is what has caused Kenyans to resort to the streets and camp outside the Parliament with a view of having Parliament change its view. Increased public participation in the affairs of Parliament will ensure transparency and accountability. It will also help in fostering confidence and acceptability of the legislations passed by Parliament. 4.2.3 ELECTING GOOD LEADERS The choice of electing leaders lies in the hands of Kenyans. The leaders that Kenyans should chose in the forthcoming elections so as to represent them should be leaders with proven track records. They should be devoid of corruption and unquestionable integrity. This is because it is only leaders of impeccable characters that will ensure the Constitution is implemented to its letter and spirit. 4.2.4 INCREASED VIGILANCE AMONG THE KENYAN CITIZENRY Kenyan citizens should rise to the occasion and promote a culture of Constitutionalism. They should be relentless in their quest of defending the Constitution. This includes the necessary vigilance which will ensure the faithful and effective implementation of the Constitution to the letter and the spirit. Whenever the citizens feel that certain actions of members of Parliament or pieces of legislations contravene the provisions of the Constitution, they should not hesitate to move to the Court to have such actions or legislations declared null and void. With the reformed and revamped Judiciary, the citizens are assured of a fair and just determination by the courts. 4.2.5 ENSURING ALL DRAFT BILLS ARE REVIEWED BY THE CIC At the launch of the 2011/2012 Annual Report of CIC, the Commission recommended that all draft bills are reviewed by the Commission. This is aimed at ensuring that the Acts of Parliament that are enacted conform to the provisions of the Constitution. It is at the same time aimed at ensuring unconstitutional provisions are not included in pieces of legislation as was the case in the introduction of unconstitutional provisions in the County Government Bill 2012. 4.3 REFERENCES 4.3.1 LEGISLATIONS 1. The Constitution of Kenya 2010. 2. The Repealed Kenyan Constitution. 3. The Constitution of Kenya (Amendment) Act No.7 of 1982. 4. The Constitution of Kenya Review Act No.5 of 2000. 5. The Commission for the Implementation of the Constitution Act No. 9 of 2010. 6. The National Accord and Reconciliation Act, 2008 7. The National Assembly Remuneration Act, CAP 5, Laws of Kenya. 8. The Constitution of Kenya Amendment Act, 2008. 9. The Political Parties Act No.11 of 2011. 10. The Elections Act No.24 of 2011. 11. The National Assembly Remuneration and Benefits Act, CAP 5, Laws of Kenya. 12. The Constitution of Kenya (Amendment) Bill, 2011. 4.3.2 CASES 1. Federation of Women Lawyers Kenya (FIDA-K) 5 others v Attorney General another [2011] eKLR. 2. John Harun Mwau v the Honourable Attorney General and 2 others (2012) eKLR. 3. Re Independent Electoral and Boundaries Commission, Supreme Court Constitutional Application No. 2 of 2011. 4. Rev. Dr. Timothy Njoya 6 Others v Attorney General 4 Others (2004)1 KLR 261. 4.3.3 BOOKS 1. Baron de Montesquieu, (1748). The Spirit of the Laws. 2. Gibson Kamau Kuria, Building Constitutionalism: Defining the Jurists Province and tasks: How to Mobilize a Constituency of Citizens, pp 47 3. Paralegal support Network, The Paralegal’s Handbook. 4. The Kenya Human Rights Commission in Lest we Forget : Faces of impunity in Kenya (2011) 5. Lloyd of Hamsted Freeman, MDA Lloyds Introduction to Jurisprudence (8th ed, 1957) 1129-1199. 6. PLO-Lumumba, ‘Some Thoughts on Constitutional Principles in the Review Process’ in T.O. Ojienda (ed), Constitution Making and Democracy in Kenya, (2003). 7. Prof. Hamilton Okoth-Ogendo, H.W.O. (1996) â€Å"Constitutions without Constitutionalism: Reflections on an African Paradox†, in Zoethout, C.M. et al (eds), Constitutionalism in Africa. A quest for autochthonous principles, Gouda: Quint Deventer , pp 3-25. 4.3.4 JOURNALS 1. Korwa G. Adar and Isaac M Munyae, ‘Human Rights Abuse In Kenya Under Daniel Arap Moi, 1978-2001,’ African Studies Quarterly. The online Journal for African Studies. 2. Mutakha Kangu ‘Social Contractarian Conceptualization of the Theory and Institution of Law and Governance,’ (2007) 2Moi University Law Journal. 4.3.5 INTERNET SOURCES 1. Alphonce Shiundu and Peter Leftie Why Kenyan MPs will not pay tax on allowances yet September 24 2010 at 22:00 Daily Nation Online Edition. Available at http://www.nation.co.ke/News/politics/Why-Kenyan-MPs-will-not-pay-tax-on-allowances-yet-/-/1064/1017710/-/item/1/-/14gkivv/-/index.html. . 2. Alphonce Shiundu , Shakir Shabbir: MPs were bribed to save CBK boss, Saturday Nation. Saturday, March 10 2012 at 22:30. Daily Nation Online Edition. Available at http://www.nation.co.ke/News/politics/Shabbir-MPs-were-bribed-to-save-CBK-boss-/-/1064/1363750/-/item/1/-/x639yvz/-/index.html . 3. John Ngirachu, Vetting: Tobiko scrapes through Thursday, June 9 2011 at 15:02 Online Nation Edition. Available at http://www.nation.co.ke/News/Panel-clears-MutungaBarasa-and-Tobiko/-/1056/1177764/-/ioc088/-/index.html. 4. Justice Isaac Lenaola Public Participation in Judicial Processes .Available ata

Icts Hotels In The Hospitality Information Technology Essay

Icts Hotels In The Hospitality Information Technology Essay The revolution in ICTs has profound implications for financial and social maturity. It has pervaded every aspect of human life whether it is health, education, economics, governance, entertainment etc. Dissemination, propagation and accessibility of these technologies are viewed to be integral to a countrys development strategy. The most important benefit associated with the access to the new technologies is the increase in the supply of information. The secondly thing would be it also decreases the cost of production. Knowledge is transmitted, produced, accessed and shared at the least cost. With the decrease in the transactional costs, there is also a decrease in the degree of inefficiencies. Thirdly it has overcome the constraints of distance and geography. ICTs have cut across the geographic boundaries of the nation states. Buyers and sellers are able to contribute information, specifications, production process etc across the national borders. It enables all to know the comparat ive improvement in the market economy. It leads to the larger markets and increased access to global supply chains. Fourthly it has led to more transparency. Networking and information sharing definitely leads to demands for greater openness and transparency. Whether you want to know the status of the central banks foreign exchange agency or the cost prize of potatoes in the local market, ICTs empowers the individual with the information access, which is transparent. Efforts are under way to integrate ICTs to all sectors and developmental activity. Tourism is one such potential area. Information Communication and Technology is one the most important and growing field that every company and almost all the sectors are adopting to simplify work and also to reduce man power. ICT plays a major role in Tourism sector so as considering the example of a hospitality firm. Tourism includes many sectors like transport food, accommodation, restaurant, cultural activity and leisure, so fit all these sector into one particular form there is always the need of advance focus and development of itself to fulfil the customer needs. Now a days tourism sector fully focus on customer satisfaction as people who wants to travel has become independent by fulfilling their requirements on their own than to depend on a third person to help them do the sufficient requirements. In this processes ICT acts as a fully fledged support and a user friendly thing that even a normal person has started using internet to run his routine. In the developing world internet is become peoples second brain and it makes most of the things for man. So this assessment focuses on the main contribution of ICT in Hospitality that is in Hotel Industry. Purpose The main Purpose of this assignment is to find out the role of Information communication technology (ICT) in hospitality tourism sector.ICT acts as the main source of any industries development and also adds up to the reduction of man power and time, it is also used as a source to reduce problems. Even though, little is known about the extent or level of use of ICT. The ICT has become the major consideration, as it has become the revolutionizing equipment of the hospitality Industry. This study will look into the prosperity for the adoption of ICT based facilities in the hospitality industry. This also covers the problems that impacting the adoption of ICT in hospitality firm. This assignment contributes and finds out these issues.   Findings: This finding says that almost 80 per cent of the businesses use ICT efficiently, mainly to provide information and improve service quality. In addition, some firms had already adopted very effective methods of using the internet for sales and marketing but ignored supply functions. We will be surprised to notice that ICT is seen as a way of enhancing personal service and that rather than a barrier, it is seen to promote quality of service. Moreover, the respondents did seem to have used ICT effectively to overcome the disadvantages of place. Objective: The main objective to be focused on the assessment comprises of all the following issues and factors that helps us understand the importance, development and the barriers of ICT in the tourism field, especially focus in a branch of it that is the Hospitality sector: The impacts of ICT towards Hotel industry The ongoing use and implementation in the particular field The major support and the main value of ICT The successful implementation of IT in hotel industry and its advantages The functioning of it towards marketing purpose and the way it support for the success of execution. The Impacts of ICT towards Hotel Industry: Hospitality industry is a highly information intensive industry, so information technology and communication has a wide impact in the particular industry. Information communication technology has created a new revolution in the world of tourism industry. The tourism industry is a big market in terms of the number of tourist visiting a particular place. It is stated that ICT has caused restructuring phenomenon (intermediation, dis-intermediation and re-intermediation in parallel) in the hotel industry. It proves that ICT has improved operating efficiency of hospitality industry as well as planning and booking experience of customers. ICT has a great impact in hospitality industry- it enables direct contact with customers/guests and improves effectiveness and efficiency of clients services. ICT provides new tools and also enables new channels, creating new business environment in the industry, requiring all new skills. ICT also makes the competition harder and so it demands a continuous investments on developing things and keeping it updated. In all these impacts there are two major areas which are highly influenced by ICT that is electronic commerce and revenue commerce Electronic commerce: This can be defined as a secure exchange of information: Business to business Business to clients clients to clients business to government business to client communication research to business  [1]   Notes: GDS Global distribution system CRS Central reservation system DMC Destination Management Company DMO Destination Marketing Organisation 2Traditional valve chain The value chain changes into a new concept as now a day it is focused just into internet that is almost most action depends on internet the value chain changes to: 3Internet based value chain Revenue Commerce: Revenue managements sounds like the top most management, but most hotels are small and medium sized so every employee acts as a revenue manager. So it is an important factor that every employee is provided with knowledge of revenue management at all levels of the hospitality industry The main goal of the revenue management is: (a) Maximise yield (price units sold) or minimise lost revenue per available product unit in view of average cost per available product unit; (b) Control availability of price products by customer revenue potential and forecast segment mix; (c) Control daily availability of price products lower than full price, based on unsold inventory, time left to sell and segment total demand.  [4]   To fulfil these objectives, tourism professionals need strong knowledge in areas as marketing, finance management, statistics, customer service principles and distribution trends. Implementation in the particular field: The use of computer its technology has vastly developed from 1980s to the year of 1990s. A survey given in 1980 said that a fewer amount of 10% were using computer technology. There were different surveys stating the usage of technology in hospitality industry in operating things efficient and making guest satisfaction. There are two factors that affect the use of IT in an accommodation establishment. First is the type of clientele and secondly the complexity of operations. Considering the type of clientele and their experience will be affected by technology, helps us to determine the level of automation in a hotel. There are different types of clients expectation different types of services. Business travellers consider more efficient type of services as they never want to spend time in any other thing than their work, so they appreciate speed of service and faster technology. Almost the other type of clients/guests prefers hotels where technology does not intrude into their vacation and leisure experience. The complexity of a hospitality field is also impacted by many factors and computer technology plays a major role. Larger the property, larger the technology resorts with many activities like golf, tennis, multi-restaurants and other benefits has gained a lot through IT technology. Hotel Size % using IT % high IT needs % agreeing IT enhances guest satisfaction Less than 100 rooms 89.4 28.9 70.2 101 to 300 room 96.7 43.6 83.2 Over 300 rooms 97.2 57.4 86.1 Different hotels use different technology to enhance their facilities and some of their applications are stated above  [5]  . Property Management System (PMS) Property management system is the main central computer which acts as the core functions of the hotel information processing. It maintains all details that describe the hotel, such as the size, type and the number of rooms, the rate applicable for rooms and other facilities, and also the details concerning the guest called the guest record or the guest history. This also includes various operations such as support and control and management of different outlets of a hotel that is front office, reservation, back office, food and beverage inventories, bar / shop takings, hotel staff salaries and wages accounting and also some of the managerial functions; in addition it acts as a hub in interconnecting the other systems of hotel. Property management systems (PMS) can run on different platforms and different software environments, depending on the size and type of a particular hotel, and the number of required instalments. As they spread more and more, it is the intension of Utell to con nect directly to them. They are grown up with a rapidly high ratio and still expected for a high level of growth. This is the ultimate solution to the no reservation on arrival problem and also increases the overall efficiency of a hotel. Hotels usually implement their PMS on an in-house computer. That does not mean that they should have an in house IT department to support it. Most of the PMSs are turn-key systems that can be used simply by anyone as it is mostly being handled by the hotel staffs. Property Management System acts upon the requirements of a hotel, for example a small hotel or a guest house (less than 100 rooms) can be handled with a single computer to store and process guest information and room data and also generate management reports. A medium size hotel (100 to 300 rooms), will need a local area networks with a small workstation installed in different departments. A file server is used to keep all the softwares and files to allow various tasks to be performed on the same time such as check in and check- out concurrently. For properties more than 500 rooms, an even main frame computer technology may be needed for frame computer technology may be needed for a heavy volume of transaction 6 Uses of ICT in hospitality sector: There are numerous places where the ICT is used in a hotel industry, this implementation of technology helps save time and also reduces man power. The PMS software, which is used in the hotel industry acts as the key point from which most of the hotel operations are done. The main functions are stated as: Check-in, check-out and guest accounting Guest History Room Management Hotel reservation CRS distribution Point-of-sales Food and beverage systems Back- office systems Check-in, check-out and guest accounting This process of checking in a guest can be made more efficient by the technology for information technology. The check-in actually means that a guest file becomes active or a new file is opened for a guest who check- inns without any reservation made before the arrival and following this process, a guest folio is being created. The PMS has a walk-in option for the guest without reservations. The main interfaces between the PMS and credit card verification systems in the banks are used to ensure that a credit card has sufficient funds for the length of the stay of a guest. After this process a guest is being registered officially and handover the key of the room that is assigned to him. There is a machine in the hotel lobbies that allows the guest to easily access to self check-in and quickly finish their process. These machines are connected to the PMS and are active after the guest swipes the credit card or also by the notion detector which detects the approach of the guest. All the process is being carried on in this machine without a front office staff interaction that is it greets the guest, guide them through the necessary procedures to check-in themselves, then assign a room and also issue a key for the room. They also have options to activate the energy management system that is the phone, and voicemails for the rooms. A self check-in machine is most of the time a touch screen and very rarely keyboard operated and this machine can be used by both the guest with or without reservation. Once a guest folio is created at check-in, then after all the charges made throughout the stay are posted to that folio either manually or electronically. Manual posting are done by back office staffs and electronic postings are done by software and hardware interfaces and done rapidly without any mistakes. The check- out procedure in a automated hotel do not require guest to pay in the front office neither it automatically transfers funds via credit cards that allows express self check- out, in which the guest folio is being presented under the door and the credit card is automatically billed if there is no discrepancies. PMS software also translates the bills into numerous languages used by hotels with a large international clientele. Guest History: Guest history is well known as database which all the hotels maintain as a part of PMSs work and it is a powerful marketing tool. After every guest checks out the room the guest information is placed into a guest history database by the PMS. This database contains all the information of the guest that is the preference during their stay and the consumption of things/ food or any other thing from the hotel during the stay, these informations are maintained for three main purposes, To enhance future marketing activities To facilitate future reservations To customize guests future visits  [7]   Room Management: The room management is a important component of PMS which tracks the status of the rooms, which helps the housekeeping to distribute rooms for cleaning duties. The typical room status followed by the PMS is occupied, vacant, dirty, clean, inspected and uninspected this allows the front office to allow the clean rooms and get the other rooms ready for occupancy. On every check- in and check- out, the room status changes accordingly. The status of the room can be changed by both housekeeping and front office, by the notification of housekeeping and also the housekeeping can do it by the PMS terminal provided in the housekeeping desk  [8]  . Food and Beverage Systems: This part of system controls the food and beverage stock that is necessary for the hotels daily operation. It also has the price of the item and its suppliers to act upon customer demands. Point-of-sale systems: This is a sub-system which comprises of payment handling that produces bills; this machine accepts various financial instruments from the guest, that is credit card, cash, guest cards etc. Back Office Systems: This is a set of systems that records all transactions and maintains the hotels account book on all the transactions made by date, month and year. Almost three years details are being maintained by this systems and the other records before three years are kept as a backup. This system wires the sales ledger, purchase ledger, purchase bills, accounts payable and general ledger. 9 Marketing and Guest History Housekeeping and room management Executive decision making Accounting night audit Reporting printer Self check-in Printers Guest folio Front Desk/Cashier Reservation PMS UPS Remote check-in The major support and the main value of ICT There are many other industries that support information technology, as they are also into a vast influence by this particular field. Tourism on a whole has a constant growth with the help of information technology. The advert of information technology launches new things to make everything new travel, tourism, hospitality, airlines, food industry and many more. The service industry is one of the major components of the global economy, particularly in the developed countries. This sector has accounted for a two third of the employment, so in the recent upcoming years hospitality industry get to pay the main attention, which is the main driving force of being the successful industry. The outstanding growth of hospitality industry can be related to the fact that their basic characters are highly compatible with the major technical source of innovation opportunities. Because of its advantage on the capability of the communication field and increased information channels, information tec hnology saves cost while increasing the output and the quality of most service productions. However, the main value added by the IT industry to the hospitality firms is not only limited to the supply side. As an example we could take an instant thing that ICT has reduced the need of the front office staffs, as interaction and time is saved where there are many ways that is made technologically than to use man power. In addition information technology supports and improves the hospitality industry, with its interaction with suppliers and users, which is major source of information for the industry. On the other hand ICT plays a vast role in recognising the completion advantages and its vital improvement accordingly to these innovation activities according of the industry. The successful implementation of IT in hotel industry and its advantages: The implementation of information technology in the hospitality industry is to a large extent changed and is properly planned and well managed. Now a days personal computers have been introduced and which even being replaced by mini- computer based systems. To be well effective the organization has to plan and implement with an overall long time plan. Once a strategic plan is being made, then the information technology plan has to be planned. This should include the clear role that technology will play in achieving the target of the Hotel. It is planned in a way that it comprises of the present and future plans of the company, so as to work in a well planned successful way. These planning help to implement a successful technology which adds advantages to the hotel by its advance technology. There are vast advantages of IT that can be stated in which the few are saves lots time, reduces man power, makes a guest happy for making things efficient and faster. The technological development is a gift to the upcoming hotels which plans a high income and a success. A computer technology in a hotel focuses on four main aspects, Speed: A computer technology is an electronic device which can handle and process hundreds of transactions in a fraction of time, which results in the quick completion of difficult tasks. Discipline: the implementing advantage is being taken for it to perform a same task again and again without any mistake and without any distractions Accuracy: it does what we really need and according to the command, as a result they do not commit any mistake and all the calculations are accurate. Capacity: the analysis of any in-depth process and large amount of data performance can also be made in less time instead of doing things manually  [10]  . The functioning of it towards marketing purpose and the way it support for the success of execution: Every department facilities a different advantage with the technology and the sale and marketing also has its own advantage from the implementation of IT sources. These systems store a large amount of information that helps understand the measures of accommodation and hospitality business. In particular it saves the guest information that helps maintain a data base of the guest profile providing information for marketing purposes, which is a strong marketing tool called pull marketing. Another important factor for marketing is the yield management, which has the record of past performance of a room and the hotel that is the occupancy level in a particular time or day of the year and set the optimum rates that will maximize the propertys yield management programme. SWOT Analysis:  [11]   Strength: Strength can also be advantage of the technology which is deeply discussed and explained before. Successful hotels are constantly trying to adapt new technological improvement to keep them updated and to meet the necessary needs of the customer or a guest. These days people are looking forward for more and more technological based things to save time on whatever they do. Business guest needs to access internet in where ever they are for their official purposes like emails during their business trip. They would even need video conferencing, when a company holds a business meet in a hotel, so when a hotel provides all the basic facility to keep a customer service and satisfaction in a high level then the strength of the hotel keeps increasing allowing more and more development of technology. The basic strength that can be added is the quality of work can be high. This also tent to reduce manpower and low the wages, which can produce a highly skilled human resources. It also allows us to follow the service standard. This helps to bring highly skilled professional as this needs knowledge to work in. Weakness: As the technology increases it also leads to some of the weaknesses which should also be considered when taking steps to improve, as the technology gives you all the things you need there is always a lack of practical knowledge and also a dearth of suitable candidates. Until the system tells you the name of a particular guest who is a regular customer to our property we dont try to remember as it is said to be technological. This field is a still developing field but not a developed field as it has a small number of adaptation in some countries. Lack of jobs is also to be considered in countries with more population. Lack of effective marketing and aggressiveness in the field work can also be a weakness. Opportunities: There are facilities to provide high quality information technology market. It also adds up by increasing the number of educated people working. It allows and helps the development of any developing countries by making them adapt the culture of IT. Upcoming international players in the market would also an added opportunities. Hotel industry is developing in recent days in a rapid speed with the advantage and opportunities provided by the information technology and communication. Threats: There is a minimum thread as many threats are being reduced by time and development. When a threat is being seen there is a development to rectify that threat but still in some hotels these are still lacking to be developed for example lack of data security systems. And the development of IT also concentrates in a few cities only. Large market can also be an abstract as it may need a huge concentration or field work. Conclusion: The use of information technology and communication has a vast influence in all the sectors and mainly in hospitality industry. These things are well discussed and given an appropriate values that would add advantages to the statements given. Hospitality sector is mainly into a high touch service- based industry requiring technology to put it forward. The readings clarify that the exact use of technology in this particular field can increase the efficiency and reduce cost on human and financial services can be funnelled into personal services. In these discussions we also come to know that the use of technology in a correct way can be used as a successful tool. The implementation of technology by the managers is a challenge for them in many areas of the properties, the appointments of talented staff to be professional is a very important factor to be considered. Hospitality technology is now increasing with the pace of keeping a new generation to the computer technology and its development. So this allows most of the users to be familiar with the development of new products. the hospitality once which depended only on human resources and which was a big challenge to face, is now investigating whether robotics technology fits into their industry. There are also many successful stories behind this argument. Information technology is becoming more and more advanced and occupying the industries with its fast growth, as it becomes common and most used in hotel and restaurants, it is no longer going to be represented by the competitive advantage, instead it would prefer managers who could be creative and can use technology and information it provides rather to work on their own. These issues are being as evidence now a day by guest history systems. This database must be analysed and turned into real knowledge to improve decision making capacity and the satisfaction of the customer. So as to conclude Hospitality industry is going to be the vision that is going to be successful in the future with the technological development of Information Technology and Communication.

Overcoming the Barrier Essay -- Analysis, Helen Reddy

Overcoming the Barrier Helen Reddy in I am a Woman sings, â€Å"You can bend but never break me, 'cause it only serves to make me, More determined to achieve my final goal, And I come back even stronger.† In the plays Antigone, by Sophocles, and A Doll’s House, by Henrik Ibsen, two strong women are restricted by the time and society in which they live. In Antigone, the main character, Antigone from Thebes, is faced with a choice of following the laws of man, or the laws of the gods in burying her deceased brother. She felt that her choice was right even with the penalties it costs her, while arguing with the king who felt his way or no way. As the play progressed, it seemed that the more Creon, the king, and Antigone argued, the more confident in the choice she made she became. In A Doll’s House, Nora was a woman who cared deeply about her husband who would soon be faced with death if not sent to a warmer climate. Unheard of from a woman, Nora took a money loan from the bank without s aying a word to her husband, Torvald. Using a corrupted lawyer, Krogstad, gave easy access for blackmail which could end her marriage if revealed. During the times in which these plays were written, the relationship between a man and woman is definitely patriarchal. Men have major dominance and the woman just follows. It was believed that a woman was to have no opinion nor be smart enough to have their own opinion. In both plays, Sophocles and Ibsen show how controlled yet bold, women had to be in society through demonstration of submission to men, the expectations placed upon a woman, and their search for a voice. There is a saying that all habits start in the household and that is no exception for the way woman are treated. Whether it’s a husband or... ...oldly demonstrate the strength and power women needed to become their own person. With barriers blocking the path, the choices each woman had to face was like an obstacle course. By being undermined by the opposite sex, females were not given much thought unless the subject had to do with the raising of children and up keeping of a household. Being a part of society came with expectations of how a family should look and act, especially for the women who are merely â€Å"dolls† for men to control. Therefore, having to surrender to the male influence, society’s pressure, and the quest for identity, women still are able to stand firm and strong in the end. Over many years women have come a long way with rights and responsibilities but it was no walk in the park. It has been a curvy road and there are still more hills to come but with a positive light shinning at the end.

Interdisciplinary Elementary Physical Education Essay -- Education

Trampolines in math class, soccer in Spanish class, and capture the flag in history class? Sounds like a fun way to learn right? It is! The fun of correlating physical activity and movement with all ranges of classes is one of the reasons why interdisciplinary teaching is one of the successful forms of teaching. What is interdisciplinary teaching? Interdisciplinary teaching is a style of teaching that integrates two or more subjects into a lesson plan. For instance, correlating math within science, language arts within physical education, history within music, no matter what subjects correlate with other subjects of a students curriculum, this puzzle piece teaching method goal is to enhance the learning experience, ability, and knowledge in each study areas (Cone). According to the authors of Interdisciplinary Elementary Physical Education, you cannot just relate a subject with another subject without planning it out, one needs to find a central theme, issue, problem, process, topic or experience to connect two or more subjects together (Jacobs, 1989). Now, primarily focusing on elementary physical education, it is substantially beneficial for elementary students to walk into gym class and learn about math, science, history, language arts, or any other classes that fall into their young curriculum. The reason why is because the average elementary student is always waiting for that time of the day to go run around and play games with their friends. Lets face it, what kid doesn’t want to go outside to play catch or go to the gym to shoot a basketball? Knowing that physical education teachers will hopefully receive the upmost attention and support from these young students, he now has the power to use that attention to potentially... ...in to increase numbers of success with all subject areas. The three models that teachers use, connected, shared, and partnership, to teach in a interdisciplinary form determines how simple or complex the skill, topic, or concept the teacher or teachers teach to their students. In my eyes, I believe all subjects of all levels of schooling should blend this style of teaching within their curriculums to receive full success and potential of each student. Works Cited Cone, Theresa Purcell, Peter H. Werner, and Stephen Leonard. Cone. Interdisciplinary Elementary Physical Education. 2nd ed. Champaign, IL: Human Kinetics, 2009. Print. Jacobs, Heidi H. "Interdisciplinary Learning in Your Classroom: Explanation." THIRTEEN. Educating Broadcasting Corporation, 2004. Web. 04 Apr. 2012. .

Linux Forensics Tools :: Linux Forensics Software

This report aims to provide an overview of different Linux forensics software. 2 Motivation Nowadays, most of the web, email, database and fileservers are Linux servers. Linux is a UNIX system which implies that it has solid compatibility, stability and security features. Linux is used for the mentioned environments because these services require high security. Further, an increase of attacks on these servers can be observed. Additionally, the methods to prevent intrusions on Linux machines are insufficient. Further, the analysis of incidents on Linux systems are not considered appropriately (Choi, Savoldi, Gubian, Lee, & Lee, 2008). It can also be observed that a lot of investigators do not have experience with Linux forensics (Altheide, 2004). Because of these reasons it is necessary to provide a set of tools that support investigators during their investigations. 3 Linux Forensics Software There is a wide range of Linux forensic software available. There are single tools like file carvers, or there are comprehensive collections of tools. In the following, some of the most popular Linux forensic tools are described. The focus is put on The Sleuth Kit because it is organized according to the different filesystem layers. This provides an interesting insight on how forensics is done on filesystems. 3.1 The Sleuth Kit The Sleuth Kit (TSK) is a collection of filesystem tools which was originally developed by Brian Carrier. TSK is an improved and extended development of The Coroner’s Toolkit (TCT). TCT had severe limitations, so TSK was developed to overcome these shortcomings (Altheide & Carvey, 2011). TSK includes 21 command line utilities. In order to ease the orientation for TSK users the utilities are named in a manner that helps users who are familiar with UNIX and the Linux command line. The name of the tools consists of two parts. There is a prefix that indicates the level of the filesystem at which the tool operates. The suffix provides information on the output that can be expected. Further, there are two layers that do not exactly match the filesystem model (Altheide & Carvey, 2011): j-: Operates against filesystem journals img-: Operates against image files The following table summarizes the meanings of the suffixes. Suffix Description -stat Displays general information about the queried item -ls Lists the contents of the queried layer -cat Extracts the content of the queried layer Table 3‑1: TSK suffixes (Altheide & Carvey, 2011, p. 43) TSK does not include tools that operate on the disk layer. The reason is that TSK is a filesystem forensic analysis framework.

Europe’s Interaction with Africa, Asia Essay

In the mid-15th century, European nations started sending merchants, explorers, colonizers and missionaries to various parts of the world. Historians often referred to this phenomenon as the Age of Discovery, an era in which unknown seas were traversed, new lands and peoples were discovered and an astounding new phase in global encounters was initiated (Sanders, Morillo and Nelson 3). The Age of Discovery played an important role in the political and economic development of Western Europe. Some of its key legacies included colonization, the development of large-scale horticultural industries and the spread of Christianity. The Age of Discovery, however, is usually portrayed as exclusively European and historically unique. It must be made clear that such a description is misleading and incomplete. Exploration and expansion are not historical novelties, and neither are they uniquely European. Furthermore, they have other motivations, attitudes and cross-cultural perceptions apart from the desire to discover other lands (Sanders, Morillo and Nelson 3). Muslim and Chinese explorers and traders have been traveling across Asia, Arabia and Africa centuries before Christopher Columbus set out from Spain in 1492. The journeys of Ibn Battuta in the mid-14th century, for instance, took him through the vast extent of the Islamic world. Zheng He, a fleet admiral who lived during the Ming Dynasty, sailed as far as the coast of east Africa in the mid-15th century (Sanders, Morillo and Nelson 3). Tunisian philosopher and historian Ibn Khaldun traveled as far as Spain in the 14th century (Ahmed 102). But European and non-European explorers differed in terms of the motives behind their respective journeys. Non-European explorers traveled primarily to create extensive religious and trade networks. Muslims were partially bound by religion and commerce as a form of compensation for the near-absence of political unity in the Islamic world. Despite ethnic and regional differences, their adherence to Islamic laws and values provided them with a sense of unity and shared identity. The establishment of long-distance trading networks, meanwhile, allowed Muslim producers and consumers from different regions to communicate with one another, as well as with peoples of different religions (Sanders, Morillo and Nelson 4). Muslim traders therefore organized camel caravans to the frontiers of India and across the Sahara in Africa. They likewise established equally profitable trade routes by sea across the Indian Ocean. By the late 15th century, the commercial activity in most of the regions surrounding the Indian Ocean was almost under their control. Furthermore, certain localities in the Islamic world were gaining recognition for their excellence in specific industries. Persia, for example, was renowned in the 14th century for its exquisite glassware, jewelry and pottery (Sanders, Morillo and Nelson 4). Extensive trade and industry, in turn, provided the Islamic world with urbanized and cosmopolitan societies. Sophisticated commercial centers such as Cairo, Damascus, Baghdad, Timbuktu and Zanzibar attracted residents from distant regions that eventually converted to Islam. These new converts subsequently spread Islam and elements of Islamic culture to their respective homelands. The Delhi Sultanate of India and the West African kingdom of Mali are some examples of regions that were not originally Islamic but were later Islamized (Sanders, Morillo and Nelson 4). In sharp contrast, the motive behind most European explorations was the pseudo-revival of the Reconquista (the struggle of the Spanish and Portuguese Christians to expel the Moors from their respective countries). In the 14th and 15th centuries, anti-Moor sentiment was still strong in Spain and Portugal – it was during these periods that Spanish and Portuguese Christians successfully expelled the Moors from Iberia. But this victory soon left many knights idle and looking for new adventures. Many knights thus joined overseas expeditions, viewing these as new opportunities to vanquish the hated Moors (Sanders, Morillo and Nelson 5). Certain economic conditions in Europe during the 14th and 15th centuries were also responsible for the xenophobic attitude that many European explorers had during the Age of Discovery. In these eras, most European economies were still small, largely agrarian and geared towards meeting local needs. Muslim merchants and middlemen were the sole sources of spices and other luxury goods. In addition, Europe was politically fragmented – the continent’s monarchs wasted scarce resources and manpower in the numerous wars and conflicts that they waged against each other. Lastly, the Black Death (bubonic plague) killed millions and further weakened economies, adding to the pervasive atmosphere of dread and xenophobia (Sanders, Morillo and Nelson 5). Given the insular, backward and unsophisticated nature of Europe in the 14th and 15th centuries, it was no longer surprising that the expeditions from the continent had mostly detrimental effects. Many explorers viewed the natives that they encountered in foreign lands as â€Å"barbarians† that must be â€Å"civilized† by being subjugated to them. By the 16th and 17th centuries, therefore, many countries in Asia, Africa and the Americas ended up being the colonies of Spain, Portugal, the Netherlands, Britain and France (Sanders, Morillo and Nelson 5). In addition, the transatlantic slave trade occurred from the 16th to the 19th centuries. Mainstream historians had indeed painted a misleading and incomplete picture of the Age of Discovery. By claiming that the Age of Discovery was an exclusively European and historically unique phenomenon, they are implying that it was an event that was born out of Europe’s benevolent desire to discover other lands. But the truth is that the Age of Discovery should not be glorified. Exploration and expansion have already been taking place long before it happened – proof that the inhabitants of the regions outside of Europe are not savages. The Age of Discovery occurred at a time when Europe was still insular, backward and unsophisticated. Thus, many of the continent’s explorers exhibited a fearful and xenophobic attitude when it came to dealing with people not of their own race. This paranoia, in turn, led to the colonization of several nations in Africa, Asia and the Americas. In addition, slavery became a centuries-old practice. Works Cited Ahmed, Akbar S. Discovering Islam: Making Sense of Muslim History and Society. New York: Routledge, 1989. Sanders, Thomas, Stephen Morillo, and Samuel H. Nelson. Encounters in World History: Sources and Themes from the Global Past, Volume II: From 1500. New York: McGraw-Hill, 2005.

Organic vs. Conventional Grown Food Flavor Essay

Ever wonder what truly goes in to the food that is produced and sold in our grocery stores. You would be surprised as to what is used to grow the food we eat. Conventionally grown foods can use trace amount of nicotine and arsenic to keep food pest free. Conventionally grown food can be pumped with hormones that allow the crops and animals to grow larger or produce more fruit and vegetables. By using all of the artificial products in conventionally grown food we change the flavor, size and color of fruit, vegetables and animals, including their byproducts. People may not realize what is used to grow these huge vegetables and chicken breasts. Organically grown food is not only tastier but also has more health benefits when compared to conventionally grown food. We will discover the benefits and disadvantages to both organic and conventionally grown food. This will provide the reader with tools to make a decision on to whether to use organic or conventionally grown food. In order for food to be called organic, it must be grown without the use of synthetic fertilizers or pesticides. Although organic foods carry very minute levels of toxin naturally present in them, they are not harmful to us at these levels. By not using synthetic fertilizers and pesticides, organic foods can naturally develop the nutrients and vitamins that a person needs to maintain a healthy, well balanced diet. Keeping these foods the way they naturally grown allows them to develop larger and more full of these valuable items that would be reduced because of the many chemicals and pesticides used to grow the convention foods. As to whether organic food is tastier, is up to the individual. Many professional chefs and home cooks prefer to use organic food when possible because they feel the flavors are stronger and taste more natural. Organic food is richer in color; therefore making the dishes not only taste better but help also to create a more appealing presentation. To them organic food has a fresher taste and a more natural flavor because the food is allowed to grow naturally and develop the way it would occur as nature intended it to. Organic food does cost more because of the time it takes to prepare the soil and let the food grow as nature intended. This cost more in labor and time so that the price for these can be inflated. When you take into consideration the health benefits of not putting in harmful chemicals and better taste of the food, they outweigh the cost of purchasing these products Conventionally grown foods are grown with a large amount of chemicals and pesticides that can be harmful to consumers in the long wrong. Now there are arguments that the levels of these products are so small that they are not harmful to consumers; but there are plenty of signs to the contrary. Look at how rapidly and early boys and girls are maturing compare to those of the past. This can be accounted for or â€Å"blamed† on the amount of hormones fed to animals to grow them larger and enhance them, so that they produce more by products, such as eggs and milk. The chemicals used to grow larger crops and protect them from rotting and pest also has negative effects. It has caused a rise in allergies that was just not prominent twenty or thirty years ago. The shorten times of growth that conventionally grown foods have can stunt the development of vital nutrients that they would produce if they were to be grown in the normal periods they would have. This can really have a negative effect on having a balanced diet because consumers will have to add supplements, like synthetic vitamins, to get their daily nutrient levels. Again, as to whether conventionally grown food taste better or worse, is up to the individual but most professional chefs feel it does not taste as fresh or has natural flavors like those in organic food. The flavor in conventionally grown food is not as developed because it has shortened growth time. Fruit, vegetables and animals need time to naturally develop and grow as nature intended them to so they can develop all of the good stuff we love. Conventionally grown food does cost less because it is grown so fast and in mass quantities without care for the environment or any harmful effects to the consumers. The short-term side effects are not as bad to the long-term side effects that will be passed on to generations upon generation. Saving a dollar at the risk of a person’s health seems to me to be a very large risk that is not necessary. Organically grown food is a much better choice because more naturally nutrients, better developed flavors and appearance even if the cost of purchasing them is higher. Conventionally grown food is the exact opposite. The chemicals and hormones are resulting in early development in our children and an increase in the levels of people with allergies. Professional chefs prefer organic food to conventional food because it develops the flavor profiles of their dishes more and improves the appearance of it as well. Just because the cost of conventionally grown food is lower than that of organically grown food, the disadvantages of them are much higher. Risking the future of our children is simply not worth saving a few dollars. It is up to the individual as to where to choose organic food but choosing it will provide the tools for a brighter tomorrow and a healthier today. We need to teach our children healthier ways to eat and live, if we expect them to grown up and live productive lives.