Tax Blogs Kenya

Is the Government a beneficiary of Samuel Abisai's 221 million?

noreply@blogger.com (Linstrom K. Marangu) — Fri, 05 May 2017 13:14:00 +0000

A number of friends have asked me how betting is currently being taxed in Kenya. I have seen a number of discussions on both print and social media on this subject and there seems to be a little confusion on how it’s being done. From whom should the tax be chargeable? What is the correct rate of tax? is there withholding Tax on winnings?

First, taxation on winnings has evolved in the last decade. The Government has struggled to arrive at the best approach for taxing this sector which is a multi billion-shilling industry. Its main agenda is to raise revenue as well as discourage betting obviously because of the well known negative effects. Different jurisdictions have adopted different styles.

For simplicity I will divide it into two parts:

1 1. Taxes on Bookmakers (companies)

There are four categories provided for under the Betting, Lotteries and Gaming Act.

v Betting tax – payable by the betting company at the rate of 7.5% (sec 29A) of the gross turnover less the amount paid to customers as winnings.

v Lottery tax – payable by the lottery company at the rate of 5%( Sec 44A) of the lottery turnover.

v Gaming tax- payable by the gaming company at the rate of 12% (sect 55A )of the gross turnover less the amount paid to customers as winnings.

v Prize Competition Tax – chargeable on the cost of entry to a competition which is premium rated at the rate of 15% (Sec 59B ) of the total gross turnover.

Note all the three taxes have been standardized to a rate of 50 % w.e.f 1^st Jan, 2018 (Refer to section 26-29 of the Finance Bill 2017). All these are paid by the bookmaker to the Collector (KRA) by the 20^th of the month following the month of collection( just like VAT).

2 2. Taxes on punters (winners)

Previously withholding tax at the rate of 20% gross winnings was chargeable. Through the finance Act 2015 the rate was reduced to 7.5% w.e.f 1^st Jan 2016. Later, through the Finance Act 2016, this was removed from the Income Tax Act and the model of taxing bookmakers and not punters was adopted. The rates are as explained above.

The Big Question,

Can then Samuel declare the winnings in his income tax return and pay tax at the graduated individual scale? Please note that individuals don't pay taxes at the rate of 30%- that’s discussion for another day.

The simple answer is, although in my opinion it would be necessary to declare the winnings in the return, the money may not be taxed. Whether winnings are treated as taxable income is an issue that has been contested a lot. There have been a number of case laws on this subject. The fundamental question is whether winnings should be treated as taxable income. This would also mean that the punter (winner) be allowed to offset his losses against that particular income which is the case in some jurisdictions. Some have argued that betting is more of a hobby than a business. Post 2017, Income Tax Act does not treat winnings as taxable income. Betting, gaming and lottery services are also exempted from VAT (refer to the first schedule).

Conclusion. Samuel may just end up keeping all his money. What? I know, and that also explains why when you “sportpesa” and win that 3k, no taxes are withheld.

Disclaimer:

The views expressed in this article are my own and do not reflect the position taken by Kenya Revenue Authority on this matter.

AFTER LAW SCHOOL

noreply@blogger.com (Linstrom K. Marangu) — Wed, 24 Jul 2013 07:26:00 +0000

It has always been my dream to become a Lawyer. Well, not really, when my pre-primary teacher asked me what I would be when I grew up, I probably said a teacher. That was because the most loaded person I knew in my village was a teacher (I still think I would enjoy teaching).Or I might have said a pilot. I loved the skies, I still do, not that I had flown by then, but given how elated we would get whenever there was a plane flying over our heads, I guessed whoever was flying that thing must be having a lot of fun. You see at that age, the only ingredient I was looking for in a career was how much fun I could have. Anyway, I really don’t remember what I told my nursery school teacher.

Later, I discovered I really enjoyed controversy. Each time I had a conversation and someone took a certain view on an issue I would automatically assume a different view just for argument sake. I would really defend whatever position I momentarily held. This would sometimes really piss off my siblings, probably because most times, they knew what I really stood for (I am grown now, I don't engage in fruitless arguments,I choose my battles). In class I really fancied English, sarcasm and I specially enjoyed mooting. And there it hit me; a career in law was my calling.

So there I began my journey. I still remember one of my first classes; One Mr. Oduor asked us, “What is law?” “I pretty elementary question that is” I thought. I had always thought of Law as being a bunch of rules and regulations which if one disobeyed there were consequences. The law stated both the rule and the consequence. And there I raised my hand, and as eloquently and confidently as I could, enunciated the above words. Mr. Oduor gave me that encouraging look, “I forgive you, you are a First Year.”

Subsequently, I learnt that the definition of law is so broad that even the greatest law scholars do not really agree on an universal definition of law. In fact one, Thurman Arnold didn't think the law can ever be defined. But my most interesting guy is W.H Auden, he says “Law says the judge, as he looks down his nose, speaking clearly and most severely, Law is as I've told you before, Law is as you know I suppose, law is but let me explain it once more, Law is The Law”

Deep, I know right?

Okey, Okey, I will let you know where I am going with this. One of my great professors at Law School taught as that, if we were to make successful lawyers, we also needed to inter alia indulge in reading the Bible. I remember reading this verse twice, once in Jeremiah and again in Hebrews. And God said “I will put my laws in their minds and write it on their hearts. I will be their God and they will be my people.”

Prior to joining Law school my scrape with this verse was my starved definition of what law is. My understanding of these two verses was that, God being a Superior Being would write a bunch of rules and regulations accompanied by consequences of non compliance with the ultimate punishment being a penalty of death or life imprisonment in Hell or both. And that every time we obeyed him, we made him really happy.

Later, as I spent more years at Law School studying the various fields of law. My understanding of what law is, really broadened. I cannot claim to define law. Law touches on every field imaginable. Environment, business, property ownership, personal life such as family,marriage et cetera. The law also carries several components; systems of social norms on which laws are based, a group empowered to enforce the laws, a legitimate system of enforcement,a system of interpreting the law and so on.

Therefore when God said, “I will put my laws in their minds and write it on their hearts…”we have to look at this law holistically. See, the law is a set of rules and regulations true, but that is only one component of it, the law bares rights and obligations we owe to other people, animals, our environment etc. The law provides for fundamental rights and freedoms we are entitled to, and the law also provides rights and obligations owed to us by other people, institutions, government etc.

In the same view, when God conveys that, he will put His Laws in our minds and write them in our hearts, He not only daily reminds us that in his Kingdom, there are rules and that sin( disobedience) has consequences, but also that we have an obligation towards other people and the environment. We are entitled to certain Fundamental Rights and Freedoms. This Law provides for the rights and obligations owed to us by God himself. In psalms, God promises to protect us, in Isaiah, God promises to heal us, in John 3:16 he promises to LOVE us. He makes loads of promises to us through Abraham our forefather.

Assuming that the Kingdom of God is a society in which God is the king and we are the citizens, an except of Chapter Four of our Constitution would be probably read something like this:

The Bill of Rights applies to all law and binds all State organs and all persons.

Every person shall enjoy the rights and fundamental freedoms in the Bill of Rights to the greatest extent consistent with the nature of the right or fundamental freedom

God and all citizens have the duty to address the needs of vulnerable groups within society, including orphans, children, widows, older members of society

a) Every person has the right to life.

b) The life of a person begins before conception (God declares that, He knew us before we were born)

c) Every person is equal before God and has a right to equal protection and benefit of the law.

d) Every person has a right to be loved by God,

e) Every person has a right to a new beginning.

f) Every person has a right to own property, self actualization and security.

g) Every person has the right to health.

h) A person shall not be held in slavery or servitude (no satanic, sijui witchcraft bondages)

i) Every person has a right to access information (access to God) and correction or deletion of untrue or misleading information that affects the person (remember the prayer of Jabez?)

j) A right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable before God and based on His Love towards us, human dignity, equality and freedom.

I am sure you get the drift by now. In putting the laws in our minds and writing them in our hearts. God then affirms his commitment to love us,to chasten us, to keep the promises He has made to us. On the other hand we have certain obligations towards ourselves, each other, our environment and God. Next time we are tempted to think getting saved is engaging in a life of rules and regulations, I pray that this Article shall remind us of what a life we have in Him. Let's think about it this way, His law, is in our best interest.

So, after Law school, I can confidently tell you that, “Law is as I've told you before, Law is as you know I suppose, law is but let me explain it once more, Law is The Law.”

MY TAKE ON THE UHURUTO PRESIDENCY

noreply@blogger.com (Linstrom K. Marangu) — Tue, 12 Mar 2013 13:13:00 +0000

It is amazing how we were all united prior to the 4^th of March, 2013. We came out in numbers never witnessed in the history of Kenya but soon all the love and peace messages we passed to each other started to disappear when the results started trickling in. Soon hate and tribal messages started spreading around. For a while I kept asking my self, “What just happened?” The truth of the matter is that we can only have one president at a time.

RAO has a constitutional right to go to court and see that justice is done. At the end of the day, when the fat lady sings, whether it is Uhuru or RAO who is sworn in as the 4^th president of Kenya, there are a few things that we need to bear in mind.

Firstly, whoever is sworn in, shall be the president of Kenya and not the president of those who prefer him. If you find yourself believing that, if your preferred candidate doesn’t win then there is no democracy, you have issues. If you find yourself overexcited because whoever won is a member of your tribe, you also have a lot of growing up to do. If you find yourself thinking things like, we are a minority tribe, we also want one of our own as president, you have an inferiority complex. This is not a tribal superiority competition.

Secondly your success in life has not been deferred until one of your own becomes president. I have seen Luo’s who have achieved incredible success during the Kibaki presidency; I know Meru’s who moved mountains during the Moi presidency. Think about it, has anyone ever asked you for a pass to use the recently constructed Thika Superhighway (constructed under Kibaki presidency) because you are not a Kikuyu? Speaking diverse languages and having different cultures is a beautiful thing. God never meant us to use them against each other.

Thirdly, I am reminded of a time the Israelites where exiled in Babylon. This was a perfect opportunity to sit and whine how one of their own will not become King. But listen to what God tells them “Seek the peace and prosperity of the city to which I have carried you into exile. Pray to the Lord for it, because if the city prospers, you too will prosper.” Jer 29:7

This is the same message I wish we would carry today. Regardless of who is sworn in as president, “seek the peace and pray for the prosperity of the city (country), for if the country prospers, you too shall prosper.” I believe that all leadership comes from God and if indeed God has appointed Uhuru to be the president at such time like this, we need to stand united and work towards a prosperous country. And to those of us prophesying doom and issuing threats of how those who voted for Uhuru shall regret after sanctions start being given, please understand this, if Uhuru is sworn in as the 4^thpresident of Kenya, any sanctions given would affect you too. We will need to stand behind our president regardless of whether it is UK or RAO who carries the day.

Lastly, unless you are among the senior counsels handling the presidential petition, or you work for the office of the president, let's stop obsessing over these things and go and work, seek peace and pray for the prosperity of the country, for if the country prospers, you too shall prosper. In the words of Barrack Obama, “In the face of impossible odds, people who love this country can change it.”

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WHY I ADMIRE POLITICIANS

noreply@blogger.com (Linstrom K. Marangu) — Wed, 09 Jan 2013 10:24:00 +0000

We hate on politicians, I hate on politicians. In fact, I am not their biggest fun, I would rarely be found doing a political commentary, but I have to watch politics closely. The bible instructs us that " supplications, prayers, intercessions, and thanksgivings be made for all people, for kings and all who are in high positions, that we may lead a peaceful and quiet life, godly and dignified in every way." And besides Plato said, “One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors.”

“Politics is not like an ocean voyage or a military campaign… something which leaves off as soon as reached. It is not a public chore to be gotten over with. It is a way of life.”- Plutarch

There are approx 7.1 billion people on the planet. The most powerful man on the planet is a politician ( http://www.forbes.com/powerful-people/ ). In fact, at least five out of the ten most powerful people on earth are politicians. A lot of negative things have been sung in praise of politicians, and to be honest, I enjoy the songs. However, the other day I am having a huge debate in my head on whether there is anything to admire about politicians and here is my verdict;

Politicians posses certain abilities that the common citizen doesn’t. For example, A politician is a fellow who will lay down your life for his country (-Texas Guinan) and come next elections, you will still vote for him. Amazing, right? How do they attain that kind of loyalty? “The word politics is derived from the word poly, meaning many, and the word ticks, meaning bloodsucking parasites.”-Larry Hardiman

A political calendar is very different from our normal calendar, in fact as Harold Wilson puts it, “A week is a long time in politics.” They make things happen over night.

Politicians have amazing faith. They spend a lot of time and millions of money to fund campaigns with no certainty they will win. Think of Uhuru and Ruto (now Uhuruto) for example. The two Kenyan politicians who are also ICC suspects mounts one of the most expensive campaigns in Kenyan history even before they were cleared by the Kenyan Courts as to whether they were illegible to run for 2013 presidential elections. They were certain things will work out. If that’s not faith I don’t know what it is.

Politicians have incredible tenacity, you can say a lot of nasty things about a politician and instead of committing suicide, He rises up the following morning, have his team dig dirt about you, dishes you with a beautifully crafted nasty reply, and He’s a happy man. It’s a fact, “The only people who say worse things about politicians than reporters do are other politicians.”-Andy Rooney

Politicians are the only one’s who can lie to your face and even though you know with every sense in your body it’s a lie, you still believe in them. Will Rogers says, “If you ever injected the truth into politics, you would have no politics.” Most politicians don’t even believe themselves. They actually get surprised when when you do.

A good politician need not be academically knowledgeable. They do not let lack of education or in-eloquence limit them. We have all seen illiterate and inarticulate people flourish into power. That is incredible determination.

Politicians have amazing language skills. They are the only people who can steal from you and make you feel safe enough to vote them back. A politician only has your best interest at heart if your interests are relatives with his interests or if you are an actual blood relative.

Forget the negatives, sometimes I think if half the people in the world had the faith, the tenacity, the positive attitude and the hope of a politician, we wouldn't have any poor people.

THE NINCOMPOOP

noreply@blogger.com (Linstrom K. Marangu) — Wed, 07 Nov 2012 14:01:00 +0000

The Nincompoop, Who can understand his ways

He whines about bad leadership but still votes for the same person.

She squawks about corruption and yet gives her body to get a job.

He complains about tribalism but wouldn't vote for someone outside his own tribe.

She rumbles about how all men are cheaters as she sleeps with a married man.

He breaks other people’s relationship and gets surprised when someone runs off with his girlfriend.

She is ready to be a second wife to a ‘faithful man’ (who won’t even introduce her as his wife) because all men are players.

He is very incompetent at his job but still laments about how he has a bad boss.

She expects to be treated like a queen yet she behaves like trash.

He demands to be respected and treated like a prince, yet he does not provide for his family and drinks himself to death.

She is bitter with all men because one guy broke her heart.

He follows after every dimple he sees and wonders why he can’t have a stable relationship.

She flirts with a guy for days and wonders why he is catching feelings.

He sleeps with everything in a skirt and expects to marry the proverbs 31 woman.

She thinks God is an ATM machine you only go to see Him when you are broke.

The Nincompoop, who can understand her ways?

DATING TIPS FROM KIDS

noreply@blogger.com (Linstrom K. Marangu) — Sun, 21 Oct 2012 12:50:00 +0000

Henny Youngman said, "The secret of a happy marriage remains a secret." However, we got a bunch of kids to reveal the secrets and this is what they had to say;

How do you decide who to marry?

1. You got to find somebody who likes the same stuff. Like, if you like sports, she should like it that you like sports, and she should keep the chips and dip coming- Alan,aged 10 (wise, this one)

2. No person really decides before they grow up who they're going to marry. God decides it all way before,and you get to find out later who you're stuck with - Kirsten, age 10

What is the right time to get married?

1. Twenty-three is the best age because you know the person FOREVER by then.-Camille, age 10

2. No age is good to get married at. You got to be a fool to get married.-Freddie, age 6 (what? parents please, don't discuss your marriage squabbles in-front of your kids.)

How can a stranger tell if two people are married?

1.You might have to guess, based on whether they seem to be yelling at the same kids.-Derrick, age 8 (lol)

What do most people do on a date?

1. Dates are for having fun, and people should use them to get to know each other. Even boys have something to say if you listen long enough.-Lynnette, age 8

2. On the first date, they just tell each other lies and that usually gets them interested enough to go for a second date.-Martin, age 10 (A player in the making )

What would you do on a first date that was turning sour?

1. I'd run home and play dead. The next day I would call all the newspapers and make sure they wrote about me in all the dead columns.- Craig, age 9

When is the right time to kiss someone?

1. When they're rich.-Pam, age 7 ( a serious gold digger in the making)

2. The law says you have to be eighteen, so I wouldn't want to mess with that.-Curt, age 7

3. The rule goes like this: If you kiss someone, then you should marry them and have kids with them. It's the right thing to do.-Howard, age 8 (Committed boy this one)

Is it better to be single or married?

1. I don't know which is better, but I'll tell you one thing; I'm never going to have sex with my wife. I don't want to be all grossed out.-Theodore, age 8 (who does this kid hung around?)

2. It's better for girls to be single but not for boys. Boys need someone to clean up after them.-Anita, age 9 (bless you child)

How did the world be different if people didn't marry?

1. There sure would be a lot of kids to explain, wouldn't there.-Kelvin, age 8

How would you make a marriage work?

1. Tell your wife that she looks pretty, even if she looks like a truck.-Ricky, age 9 (This one attended marriage classes clearly.)

Ps. Answers borrowed form from the Board of wisdom.

BULLETS THAT WILL PIERCE YOUR RELATIONSHIP RIGHT IN THE HEART

noreply@blogger.com (Linstrom K. Marangu) — Tue, 09 Oct 2012 11:32:00 +0000

PART ONE- The Ball of Fire

There is popular photo doing rounds on social media with a caption, “Heart, please stop getting involved in everything, your work is to pump blood.” Sometimes people wish they could switch off that part of their heart that longs for love but unfortunately it’s not possible. Having a good (I didn't say perfect) is possible. I have been privileged to have associated with people who have admirable relationships and some whose relationships didn't work. In the process I have learnt a few things that I can share. But first here is a fascinating story.

“It was one of those rainy Friday evening; I was from the office after a long week’s work. I left the office with one of my lady colleagues, it was really cold and having considered the traffic, it didn't seem like the best time to go home. Besides Nairobi touts have a habit of increasing the fare every time it rains. By the way,I am still yet to get the economics behind that. We languorously decided to sit and have coffee. The coffee joint had tables arranged in a very romantic way. It is as if they had posters saying “if you are in love come in, if you are not, move next door.” We took one table at the corner of the restaurant and we sat facing each other. Since we had been used to working together, it was easy for us to strike off a conversation and soon we were bursting into laughter over nothing really. Due to the current insecurity in the country, we had been sensitized on the need to look around especially when in public places for suspicious looking people or anything incongruous. So I did.

I noticed at the other corner of the restaurant someone looking suspiciously like the love of my life chatting excitedly with some gentleman who was clearly dressed to impress. “No, she couldn't be the one” I thought. I took a closer look and there she was. My heart started beating faster, a ball of fire started building in my chest. “Who could that guy be? Why didn't she tell me she was having coffee? Is she lying to me? Is she playing me?” I was lost in thought pondering over these questions. By now my colleague was telling a story of some guy who had been battered by some Nyeri woman but I was no longer listening. After a short while, I guess while also watching out for terrorists, she saw me seated with this beautiful lady. Our eyes met, that was an awkward moment. I could see from her body language that she was asking the same questions I was. Who was this woman? Why didn't I tell her I was having coffee? Am I playing her? We are pretty composed people, and over reacting isn't one of our best treats.

We proceeded with our coffee dates but it was officially a delicate situation. After a few minutes, it stopped raining and we decided it was time to leave. I signaled my colleague and we walked over to their table we did the introductions. I could see the relief in her face when I explained who my company was and I felt some ice pour on the ball of fire on my chest as she explained the man she was with was her uncle. I left the restaurant with my girlfriend laughing about how that could have ended badly.

I never really delve into feelings that much but I made an exception for this. I thought for a while why I had felt the ball of fire on my chest before I could even find out who the guy was. Later it downed on me, that is what people call jealousy. Did I have a well founded reason to be jealous? Of course not, but yet I was."

Of course this is a really simple illustration but I am sure we can all relate to this story in one way or another.

Having a fulfilling relationship is everyone’s dream. Forget the myth that men have a phobia for commitment. Men do not have a phobia for commitment to relationships in general; most times it is a question of bad timing or getting involved with the wrong person.

It is unfortunate that grapevine on who made up with whom and who broke up with whom is more popular than investment information. We derive excitement from these things. No wonder all the TV stations in the country are showing soap operas all the time. On the same note, someone should tell the Kenyan media that not everyone is into ‘soaps’, this is too much. Anyway, that said, One of the reason why we derive joy from these things, is because we want to relate these stories to ourselves. Unfortunately real life isn't anything like the movies or the dramas.

Jealousy is a powerful emotion. It makes people do all kinds of stupid things. Some people think that jealousy and love are synonymous. They mistake one for the other, or assume that the greater the love, the greater the jealousy. Jealousy is a disease, love is God given. Havelock Ellis said, “Jealousy, that dragon which slays love under the pretense of keeping it alive." Let’s be honest, by agreeing to be in a relationship we are not signing out on the rest of the world. Your ‘significant other’ will still have friends of the opposite sex and colleagues. It is important for one to appreciate that and be comfortable with it. Feeling jealous is not a crime but can cause us a lot of discomfort which results to us reacting in disastrous ways. Ask anyone who has dated a jealous and an insecure person, it is not attractive at all. Insecurities make people stick to a bad or abusive relationship even though they are sure the relationship is not good for them. This stems out of the fear of being sad and lonely. Just for the record; its OK to be single.

Sometimes feeling jealous may be well founded, the partner may just be about to run off with someone else. 'However, most times, feelings of jealousy results from our insecurities.

"Jealousy is bred in doubts. When those doubts change into certainties, then the passion either ceases or turns absolute madness."-Francois de La Rochefoucauld

I have seen people getting stressed over a text message they read from their partners phone. The problem is, you end up jumping to conclusions before you get to know the truth and by the time you do, you are already angry and biased. Jealousy contains more of self-love than love

Jealousy makes you think that the person you are with is better than they are and that you are worse than you are. Rodney Dangerfield joked, “My wife's jealousy is getting ridiculous. The other day she looked at my calendar and wanted to know who May was.”

The antidote for dealing with jealousy is to start appreciating yourself and believe that you deserve the best. There is nothing as attractive as a self confident person. The bible story of Cain and Abel offers a perfect example. When Cain got jealous of Abel for offering a better sacrifice before God, God asked him, “If you had done well, would your sacrifice not have been acceptable?” God was simply telling him that Abel isn't better than you, he just did something better than you but you can do well too. Mary Scmich says, “Don't waste time on jealousy. Sometimes you're ahead, sometimes you're behind.”

Most people will treat you with the same value you attach to yourself. If you value yourself other people will. Acting jealous and insecure will get you dumped at fiber optic speeds. Find your own personal goals in life and follow them through, this will help you build the much needed feeling of self worth. Find out what God says about you too. This will give you not only the much needed confidence but will give you an identity and purpose that will last you for the rest of your life.

Watch out for, Bullets that will pierce your relationship right in the heart part II.

YOU NEED TO KNOW PEOPLE

noreply@blogger.com (Linstrom K. Marangu) — Sat, 15 Sep 2012 14:00:00 +0000

If you need to hear the latest gossip on the Deputy Chief Justice of Kenya Nancy Baraza and the now famous security guard madam kerubo, just say the above statement to any Kenyan and violà , you got your story. The context under which that phrase was used got the DCJ into trouble and as such I will subvert the use of that statement to a different context.

The saying that, “It's not what you know, it's who you know” is very common in our realist world. This statement is mainly common among job seekers and even business people. Your talents, abilities, and experience may never take you anywhere if nobody knows you exist. It is therefore crucial for one to understand the value of networking and to understand that fellow human beings are a vast resource. Life is so much easier if you know who to talk to on what issue. There is no one who is self sustaining. Whether you are in school, looking for employment or doing business, it is paramount that one take networking seriously and do it on purpose. In fact research has shown that Networking accounts for more than 60% of annual hires and has proven to be the best way to find a job or internship.

You can either network on purpose or randomly. Some have developed very good people skills and can network easily and randomly. We all have people in our lives we really can’t tell how they got there.

Many people shy away from networking on purpose because of various reasons, some of these are stereo types associated with networking. An article on Wiki-how records three major stereo types.

Networking can seem insincere, pretentious, or even manipulative. And if that's what you're thinking, you're probably right... about some of it. There will always be people who judge others based on image and titles, but there are also people who want to build genuine, mutually beneficial relationships. You’re going to have to sift through the people you don't want to know to get to the people you do want to know.
You might think you're too shy or self-conscious to schmooze. Networking does require a degree of boldness, but with the advent of social networking sites, you can get to find others with similar interests and goals without being in a room full of people. Do not be afraid of meeting new people, some will like you, some will judge you, that’s life, not every relationship you start need to work. The problem is that, “most people erroneously regard any failure as an accurate evaluation of their worth”- Theodore Bryant. A famous saying goes, "the worst thing we have to fear is fear itself."
Networking takes time and effort. Unless you're an extroverted person who thoroughly enjoys schmoozing, it can be exhausting. Why bother? Well, one way to think of it is to imagine how much time and frustration you would save if anything you wanted or needed was just one or two phone calls away.

There are many keys to better networking. I will mention a few of those I have learnt and I am sure we are all endowed with some level of creativity and come up with our own unique ways of networking.

Be easy with small talk, invite people out for drinks or whatever interest you may have in common with the other person. The idea is to establish a connection beyond your initial meeting.

Learn to keep your already existing networks for example college mates, some of them may be your boss some day or come in handy when you are in need.
Diversify, associate with people from various fields, economics, law, medicine, banking inter alia
Remember to bring value in others, life is just not about you, networking is a two way street. Create win-win situations. People will want to be part of your life because you add value to their lives, you can maintain your existing relationships if you can consistently bring value to those in your network.
Understand how to network with busy people. I have singled out this category because I think it is a special category. A busy person simply cannot or will not give you serious slice of their attention without a good reason. Don’t presume you’re entitled to a response just because you took some action and reached out to the busy person. These people receive dozens of incoming communications per day so they aren’t trying to be rude, they are simply being effective. As such if you resent such people for being busy and not responding to your communiqués promptly, you’re not going to become a very good networker, but instead respect them for setting priorities since they must triage in order to be effective and have a life. There is a whole article on “how to network with busy people” on www.stevepavlina.com. I recommend anyone interested in learning how to network with busy people to read this article.
Know what you are looking for, not everyone is the ideal person to have in your network. Caution: don’t only think of the things that would benefit you, but think of what you have to offer to others. Be careful who you spend your time with, someone once told me, “there is no neutral person in your life, each one of them has a certain influence, negative or positive” I usually say there are two dogs inside you, a black one, and a white one, whichever you feed is the one that grows. Again, be careful who you spend your time with.
Find out who knows whom, you may be surprised that the people around you know more than you think. I have found myself many times going, “what? You know that person? I have always wanted to meet them.”
Use your network to introduce people with similar interests; you may be surprised how in giving you get good measure.
Be proactive; don’t always wait for people to come to you, find ways to start conversations.
Be in the right places, Attend religious meetings, go for career meetings, business club meetings, sports etc.
Use the internet, I have reconnected with friends through social media than any other media. Social networking has evolved over the years to become a business networking tool as well. The MD Ipsos Synovate Kenya, Maggie Ireri speaking on the power of social media tweeted, "A brand is no longer what we tell the consumer it is – it is what consumers tell each other it is." Find blogs journals and professional organizations online. I wouldn’t have written this Article if it weren’t for the internet and you probably wouldn’t be reading it either.
Learn to follow up.
Personal development is crucial. Other people are also looking for networks and the more developed you are personally, the higher chances that other people are going to be interested in you. Remember, most people will stay away from needy people; they will want to stay around people who also bring value to their lives.

I cannot overstate the value of networking. I have personally benefited from my networks in very many ways. I have saved time and money and have had an easier time getting some things done. I don’t know everyone and I don’t need to, but whenever there is an opportunity I will establish a new network

I don’t believe that you always need to know people to get things going in your life; we have all met some ‘self made’ people and besides God has the ability to raise you from nothing. I however believe that God intended us to network, that is why he commands us to love one another.

WHY KENYAN PECULIAR HABITS ARE RESPONSIBLE FOR MONEY GONE BACK TO TREASURY

noreply@blogger.com (Linstrom K. Marangu) — Tue, 07 Aug 2012 05:59:00 +0000

Just the other day, the minister responsible for finance in Kenya, Messrs Njeru Githae was shocked that many government ministries returned more than Ksh. 100 Billion which was left unspent. A big chunk of the unspent funds were meant for development expenditure. According to Agnes Odhiambo the controller of budget, the major reasons for this include, weak financial controls, poor project planning, delays in procurement due to late release of funds by Ministry of Finance inter alia

If you Google ‘Kenyans peculiar habits’ or read the book “How to be Kenyan “ by Wahome Mutahi, you will be hypnotized at some of the things you will find out. If you are Kenyan you will probably reminisce at some of them. Some are endearing, some are hilarious and some are downright ugly. Some of the most popular include, bargaining for everything, punching people to get attention, over lapping, showing direction with the mouth, thinking that white is might, doing things on the last minute, using children as beggars, desire to be ordinary (Mwananchi wa kawaida) and even self appointed journalists taking videos with their phones.

I will tell you why some of these habits are responsible for the money that could have constructed the road to your village or built a clinic in your neighborhood or at least filled a few of those potholes on your way to Eastleigh but is now back to Treasury. The sad part is Mr. Githae doesn’t really need that money. In fact, the money is now a nightmare because our big brothers (donors) are now threatening to withdraw some of those ‘allowances’ they give us.

When I was a kid, my parents used to give us money to go and buy stuff. If you brought back change, you were considered a responsible kid. From then on, you became the new finance manager at home at least for a while before your dad discovered you really didn’t bring back all the change, you had used it to buy candy. The truth is some of these old habits die hard. Some ministers think that returning money is a sign of responsibility although we all know, even from the percentage of money that is claimed to have been returned, it wasn’t really returned in full. Sadly, the consequences of returning the money are disastrous. His ministry may be allocated less funds come the next financial year and the same minister or his predecessor will be crying foul.

The last minute syndrome is a generally accepted culture among many Africans. We pay our bills on the d-day, we file our returns on the d-day, we trans-night so that we can do well in the exams the following day, of course I know this does not apply to everyone but a large majority of people. This bad culture cascades upwards even as people grow older and have more responsibilities. According to Controller of Budget Agnes Odhiambo, poor planning was one of the major reasons why such a large amount of money was returned. The ministries did not plan in time and time caught up with them and they were forced to return the money. She also mentions delays in procurements, late release of funds by treasury among others.

Corruption is a commonly used word in many Kenyan conversations. A famous columnist Margaret Carison said,“I realize that whatever amount of corruption I expose, half my readers will block it out, although they may get a frisson of joy in the process” I am sure Mohammed Ali (Jicho Pevu) would agree. We get fascinated and furious when corruption is exposed but lack the will to follow through the fight. People in charge of these dockets don’t get treated in clinics, they don’t need free malaria drugs, nor do their daughters need free sanitary towels to stay in school. They are a bunch of greedy individuals who will spend their time acquiring more wealth and campaigning for the next elections to make sure they maintain the status quo, which in turn leaves them no time to plan a good development agenda for the country. Don't get me wrong, I don't believe leaders are to be entirely blamed for this, I believe they are just a reflection of the society that elected them.

One of our other major issues as Kenyans, is belief that ‘white is might’. We have complete disregard for locally made products. We import everything. We eat, drink, wear, drive, sit on, drive on, and pee on imported products. Local manufactures are crying foul. We make laws and policies that promote everything imported at the expense of locally manufactured products. It is very difficult to have expedient procurement processes if we have to import all the labor, services and products needed. Our leaders should know that by promoting imported products and services because it is cheaper for the so called ordinarily ‘Mwananchi’ is a very shortsighted way of addressing issues. It may solve the problem temporarily but in the long run you are building a ‘dependant’ nation. There is a common saying that goes, give someone a fish and you will feed them for a day, teach them how to fish and you will feed them for the rest of their life.

Phobia for writing a will is another major issue among many Kenyans. Majority of Kenyans don’t write a will. Everyone is scared of something, some are afraid of the dark, others of the light,others of death etc. Some fears are good others are just irrational. Currently the value of unclaimed assets in the state custody runs in billions. The state is rich just mostly lead by self serving individuals, The state doesn't deserve to inherit your small estate. Succession cases in court are countless. Most people are scared of writing a will because they feel that by writing a will, one is inviting death. However, Kenyans need to understand that by failing to write a will, you will be leaving your dependants in a den full of angry lions. You will not rest in peace if you leave your dependants to pay for liabilities they didn’t even know existed, nor is there any joy in them losing property to greedy relatives because of your lack to distribute your estate properly.

If this country is to achieve the Kenyan dream, we need to critically look into some of these habits and start addressing them appropriately. We need to sieve them, keep the good ones (in any case that's what makes us unique) but loose those that do not build us. The last minute syndrome has to go. We need to start making policies that support the local industries; phobia for legal documents has to be addressed. Corruption, well let’s not even go there. We need to lose some of these cultures and start making new ones that our children’s children can be proud of.

Bikram Choudhury said, “Never too old, never too bad, never too sick to start from scratch again.”

WHAT'S THE MATTER WITH MY MARRIAGE

noreply@blogger.com (Linstrom K. Marangu) — Mon, 23 Jul 2012 12:13:00 +0000

Problems and marriage have become synonymous especially in the recent times. If you are a fun of the morning show on Classic 101 FM hosted by Maina Kageni and Mwalimu Kingangi or even the “Bursted show” by Ciku, then you know what I am talking about. From the outset you would think Maina Kageni is a marriage counselor. I am not against it; in fact, one can’t really blame couples for downloading their marriage/relationship squabbles on National radio.

First Lets just be honest, Maina Kageni is a very good listener, you can be telling him about how you died and resurrected and he goes, yeah, yes, what? ‘Haiya’ plus Mwalimu is just downright funny, like Baba Jimmy, he can make you laugh at your own misfortune. Ciku on the other hand is so good at bursting cheaters; she can even burst you for trying to steal your own things.

Secondly it’s on radio; it’s not like one can see who’s on the other end. Thirdly most people don’t like paying for counseling services, they would rather not speak to each other at all than speak to each other through a relationship counselor, plus it’s generally not Kenyan culture to pay to speak to someone unless it is a medical doctor and one is dying.

In a society like ours women would rather share their experiences at the salon and men go drink themselves self to death or catch some comfort with their ‘Mpango Wa Kando’ (MWK). The other day I even heard some guy say that, MWK is in the Constitution. What! Being a lawyer I thought my Copy of the constitution was missing some Articles. But that’s topic for another day.

Let’s start from the beginning; regardless of the religion you follow, one of the most ‘trending’ beliefs in the world is that of the sanctity of marriage. Marriage was instituted by God. He made the Man and then took out one of his ribs and made a woman. The bible doesn’t tell us whether God explained to the man how He made the woman, but all we know is that, when Adam took a look at her, He said this is (must be) the bone of my bones, and flesh of my flesh. He knew she was ‘the one’, and the famous bible verse, “for this reason man shall leave his father and mother and shall cleave into his wife: and they shall become one flesh,” comes thereafter.

I know you have probably heard this a couple of times but it’s still the truth, you cannot ignore the manual instructions of an Item and expect it’s to serve you properly. This is no different, marriage was instituted by God. It’s His creation, marriage is His intellectual property. He has a Patent on it. From a legal perspective, this means that reproduction of this property without His consent is illegal and punishable by law. The only difference is that God won’t come and sue you; Besides He is the judge, the jury and the executioner.

Currently there is a commercial by Communications Commission of Kenya (CCK) running on local TV stations on fake phones where several people claim to be some guy called ‘Mark Juma Mutambo’. The part where this ‘chick’ sounds like a guy still haunts me. Those in agreement say I. The point CCK is trying to make here is, if you are using a fake phone, you might pay for criminal activities committed by someone using a phone with a similar IMEI number or something worse.

Something very common with fake products is the way they are packaged. In fact, one of the greatest marketing skills is to understand that people judge a book by its cover, so make the cover look good. And makers of fake products know this. They make the product look exactly like the genuine one but the service you get is very poor, plus the product’s is short lived and can get you into trouble.

Since creation we have invented our own types of marriages (arrangements) some based on lust, the pressure to give our parents grand children, to gain status in the society, unintended motherhood or fatherhood or some other good, bad or ugly reason. Like the fake phones, we have made our own fake batteries and fake chargers to keep the marriage alive and working. The truth is Marriage was created by God and only He can sustain it. He is its author, its battery, its charger and its life.

Don’t be mistaken, I am not talking about a church marriage here, I know you are already prepared to dish me with a list of couples who got married in church and their marriage is falling if not already failed. The point I am trying to make here is, you cannot ignore God’s guide on relationships and marriage and have healthy relationships. If you are looking for a good relationship, starting a new one, already in a great one or you are in tears, now you now know where and who to look to. God has interest in sustaining everything he created. He is Faithful; He never starts what He cannot finish. He has very special interests in our relationships with each other as well as His relationship with us. You mention relationships and you have gotten His attention. Lastly don’t die alone, talk to someone, we were created for each other.

TRIBALISM:FROM A GENERATION-Y WRITER

noreply@blogger.com (Linstrom K. Marangu) — Mon, 16 Jul 2012 09:54:00 +0000

I was born in the late 80’s I guess you can call me a generation-Y. I grew up listening to people talk about tribalism. I didn’t exactly understand what the entire hullabaloo about tribalism was. So I searched in my new small dictionary and found this definition; Tribalism is the state or fact of being organised in a tribe or tribes, the behaviour and attitudes that stem from strong loyalty to one’s own tribe or social group.

As far as I was concerned, being a child I felt safe among the people I knew, people who understood my language, my family etc. I didn’t know what was so bad about such a thing. Even as I grow I older, every time I travel to a different region, although I always get excited to meet new people it is always comforting to meet a fellow Kenyan in a location with a totally different people and a different way of life. It is human nature to feel safe around ones own people. My question is, when did tribalism become a vice?

Through out my Pre School and primary school, having grown up in the village I mainly interacted with people from my own community, the tribe one came from was never something we even thought about. This was partly because we all spoke the same language. We were barely allowed to speak our local language in school anyway, and there was always some kid waiting to pass the ‘monitor’ to you.

My first real encounter with kids from other tribes was in high school. However, ‘tribalism’ as we call it, was really never an issue. In fact we used to make jokes about our different experiences based on where we grew up. There are very distinct habits/foods/ social organizations etc associated with certain tribes we used to make fun of just like our local comedians, Churchill or Eric Omondi would.

My first real encounter with ‘tribalism’ was when I went to campus. I participated in the elections of the representatives of the student body. This is the first time it dawned on me what people meant by ‘tribalism’. During the entire campaign period and even through the elections period, people supported ‘their own’. Even later when I started working I discovered that we held different political opinions based on Where we came from.

I went out on an adventure to find out where it all went wrong, Most people I asked didn't have a 'certified answer' as to why they reacted the way they did; it was like an instinctive reaction. It was like my ‘safe’ feeling around people I knew when I was a child. Most people voted for one of their own because the felt they would address their plight better, they understood them and where they were coming from.

‘Tribalism’ has been called decease, a virus and other names that give the impression that it is one of the worst words in the world. It is said to be greatly responsible for the post election violence in 2007 in Kenya and one of the worst genocide events of all times in Rwanda inter alia. I don’t disagree; Tribalism can be misused to bring disastrous results. However as I noted earlier, tribalism means the behavior and attitudes that stem from strong loyalty to one’s tribe. Loyalty is a good thing, but like love can be abused to produce calamitous results.

Is this article intended to only defend the word ‘tribalism’? By no means, this article’s purpose is to open our eyes to rethink our approach in the fight against ‘tribalism’ as we call it.

Our fight is not against ones loyalty to one’s tribe members neither is it against a group of people having a common development agenda; in any case, that’s the whole point behind devolved governance. Our fight is against exclusion of others, it is against hatred of other communities.

In my opinion, leaders have a bigger role to play in this fight by showing loyalty to Kenya as one community. Loyalty at home is crucial because if one doesn’t get support from his own backyard, then it is highly unlikely that he will get national support. One has to strike a very delicate balance in order to be seen as a national leader

In Kenya, a president is seen as a symbol of which tribe is in power. Although Kenyans generally know that one’s ability to lead has nothing to do with which tribe one comes from, they will still rather stick with someone who they feel has the highest chance of winning and therefore start or maintain their tribal pride (massage their tribal ego).

I am sure if Kenya’s form of government was a monarchy some people would be like, ‘hey, that family has been power for too long’. This fight has to start from having strong political/institutional structures. We need to have agendas that are nation based. They have to be clear and precise. We need to have political engines that from the outset one can tell what it stands for. Until Kenyans can start seeing political parties as national parties, then the fight against abuse of tribalism will be futile.

Secondly, leaders have to show that their political rivalries do not result from ‘tribalism’ but from strong political ideologies. Until leaders stop looking at themselves as representatives of their tribes as opposed to national leaders then this fight is far from even starting. Shouting on national television that one is a national leader and going in their backyard and telling the locals in their local language how /why they should not support a particular candidate based on their tribal affiliation is ultimately abuse of tribal loyalty. Leaders and especially aspiring leaders have to fight this war from a whole new perspective. A famous saying goes, ‘you can’t keep doing things the same way and expect different results”