Category Archives: 2013 Presidential Elections

The Hague imefika!

D-Day in the form of H-Day came calling for the junior half of the digital duo on September 11, 2013. Kenya’s Deputy President Mr. William Kipchirchir Samoei arap Ruto, stripped of his eagle-eyed Recce security guards and the trappings and reverence that comes with the second most powerful office in Kenya was paraded in front of a panel of stone-faced judges at The Hague (hence H-Day). Juxtaposed with this comeuppance of an occupant of a hitherto “untouchable” office was the futile and frankly simpletonic vote by the country’s legislature to pull the country out of the Rome Statute that formalized the International Criminal Court (ICC). A basic reading and understanding of the pull-out process by the Jubilee-controlled parliament would have informed this band, presumably of lawyers, that the process to pull out from the ICC takes at least one year from the time the UN SecGen receives the letter formalizing Kenya’s exit from the body. But even more pertinent to the raison d’etre for parliament’s desire to pull Kenya from the ICC is the rule that cases already being heard by the court are not affected by a country’s decision to pull out of the treaty! The charges facing Mr. Kenyatta and Mr. Ruto are already being heard by the ICC

For the 1300+ Kenyans who lost their loved ones and the close to one-half million who bore the brunt of the post-election violence of 2007, seeing Mr. Ruto (and Mr. Sang) being held accountable for the pain and suffering they are accused of fomenting and causing must be cathartic. It is something Kenyans have not witnessed since independence: the high and mighty, stripped of their self-importance and protection, being called to account for the crimes they are accused of.

I will forever say this: The impunity and wanton disregard for the human and civil rights of Kenyans that the country’s elite has acted with over the years finally landed them in trouble; with a force that has more power and deeper pockets than all of them combined; and I am glad!

I have to say that the cases against Mr. Ruto and Mr. Sang could have started out much smoother than they did. Ms. Bensouda appeared unprepared and in a moment that harkens back to the petition filed by Mr. Odinga’s CORD Party, as not helped by a tardy witness and an aggressive and bombastic all-foreign defense team headed by Mr. Karim Ahmed Khan. http://www.nation.co.ke/news/Why+Karim+Khan+stands+tall+among+his+peers+in+battle+/-/1056/1988990/-/143p2cgz/-/index.html Evidence from CORD, for those who care, was famously declared “time-barred” by Kenya’s highest court. And while the ruling was deemed within the guidelines established by the Constitution, it left a bitter taste in the mouths of supporters of CORD who felt let down, AGAIN, by a judiciary geared towards serving the rich and powerful and maintaining the status quo!

Fortunately for the victims of the post-election violence and in a sharp departure from the decision made by Chief Justice William Mutunga’s court re: CORD’s petition, the presiding judge at The Hague Nigerian Mr. Eboe Osuji, while admonishing the chief prosecutor Fatou Besouda for her lack of preparedness, decided to adjourn the proceedings and give Ms. Bensouda time to present her first witness rather than use their tardiness as an excuse to completely disallow their testimony. http://www.standardmedia.co.ke/?articleID=2000093331&story_title=court-adjourns-in-ruto-sang-icc-case I would imagine that the decision by Mr. Osuji, who was the principal prosecution appeals counsel at the Special Court for Sierra Leone in the case of Charles Taylor, the former President of Liberia was based on the import of the case; something most CORDians would have wanted during the presidential petition, a case most, including myself, saw in similar light.

At the risk of sounding glib, given the argument hatched by Mr. Katwa Kigen that the case against his client KASS Radio DJ Julius Sang is an assault on the Kalenjin way of life, I am glad that the case is being tried by an African in a courtroom presided by yet another African! http://www.nation.co.ke/news/Kalenjin+way+of+life+on+trial+says+lawyer+Katwa+Kigen/-/1056/1989102/-/7rd3hcz/-/index.html. The infamous “they” say that justice is blind and that “one’s perception is their reality”. I would pay top dollars to hear the Gambian/Nigerian members of the team prosecuting the case against Mr. Sang call out the race-baiting bull&%@t of a fellow African Katwa Kigen! To quote my ten-year old son, that would be “sweet!”

For all the blustery, confrontational and inflammatory utterances by the two principal lawyers – Mr. Khan and Mr. Kigen – the cases against their clients Mr. Ruto and Mr. Sang will respectively run through their course unimpeded and unadulterated: In the case of the deputy president and his boss the president, the cases will be heard by a judicial body that is so far removed from the sphere of their (executive) influence that ordinary Kenyans could never have imagined.

As written in previous articles, the high-priced lawyers, especially the ones representing the two principals, paid for by the fortunes of the country’s richest family, may successfully argue dismissal or acquittal for both the president and his deputy. If that were to happen, I would not be happy. I would be disappointed because to date, no one would have been held accountable for the death and destruction wrought upon the weak and innocent in Kiambaa, Kibera, Kisumu, Nakuru, Naivasha etc. On the other hand and in a uniquely Kenyan meme, if no one was to be brought to account for the hate crimes that shocked the entire world in 2007/2008, I would most likely join fellow Kenyans who have this strange ability to “accept and move on” from one unpopular and grossly unjust decision to the next so long as their “sons and daughters” remain in power.

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Filed under 2013 Presidential Elections, Elections, Failed State, Governance, Governance - Kenya, IDPs, International Criminal Court - ICC, Justice, Kenya, Law & Order, The Hague, Tribalism, Tribe

Stop Politicizing the (fill in the blank)

President Uhuru Kenyatta has told his nemesis Raila Odinga to “stop politicizing” the land issue. http://www.news24.co.ke/National/News/Uhuru-tells-off-Raila-on-land-issue-20130902 The senior half of the digital duo also lambasted the vanquished head of CORD to stop politicizing the value-added Tax (VAT) recently implemented by Jubilee government. http://www.capitalfm.co.ke/business/2013/09/stop-politicizing-vat-law-uhuru-tells-raila/. And if that was not enough, The Hague-bound Son of Jomo may as well accuse Son of Jaramogi, his father’s chief rival, of engineering his summons, along with his deputy’s, to The Hague! http://www.nation.co.ke/news/politics/How+ICC+and+Raila+created+coalition+of+the+accused/-/1064/1634576/-/2r1hjxz/-/index.html Frankly I am waiting for Mr. Kenyatta and his sycophants to call on Mr. Odinga to “stop politicizing” the Syrian government’s alleged use of chemical weapons against the rebels!

The glaring irony is that the same man accusing his chief political enemy of politicizing land ownership, bread-and-butter/economic issues and the on-going trials at The Hague is in point of fact doing the very same thing: Talk about huevos or chutzpah!

Mr. Kenyatta recently “handed” out title deeds to folks in the voter-rich and CORD-leaning region of the Coast. http://standardmedia.co.ke/?articleID=2000093358&story_title=disputes-stalk-president-uhuru-kenyatta-coast-title-deeds&pageNo=2 I am sure he did this out of the kindness of his heart and not because he was looking ahead to the 2018 elections. That Son of Jomo is incredibly altruistic!

The national budget delivered by Mr. Henry K. Rotich, President Kenyatta’s Cabinet Secretary for the National Treasury on June 13, 2013 outlined the broad development policies of the Jubilee coalition including its commitment to seal “…leakages in our revenue collection…and extending the tax base while ensuring efficiency in public expenditure.”http://www.businessdailyafrica.com/The+full+Kenya+Budget+speech+2013/-/539546/1881852/-/view/printVersion/-/535sgq/-/index.html. I am neither an economist nor an expert on budgetary matters but I interpreted the line about “extending the tax base” to mean implementation of a policy along the lines of a value added tax (VAT) the two scions of Kenya’s political titans are wrangling over.

Finally, the one issue that I would bet my Man U jersey keeps Kenyatta Fils awake at night is the one issue he, Mr. Kenyatta, used as a vehicle to Kenya’s presidency! Upon being accused of crimes against humanity by the Chief Prosecutor of the ICC Mr. Ocampo, Mr. Kenyatta and co-suspect Mr. Ruto formed a “coalition of the accused” and with his mother, Kenya’s former first lady Ms. Ngina Kenyatta leading the various “prayer rallies” across the populous regions of Central and Rift Valley, the two accused transformed the summons to The Hague into a tyranny of numbers all the way to Kenya’s presidency; the ultimate politicization of the charges facing the digital duo. http://www.standardmedia.co.ke/?articleID=2000032591&pageNo=1

UK is beginning to sound like George W. Bush and the Republicans, especially in the wake of the 9/11 tragedy when Son of Bush famously told those who decried his gun slinging response to the event and pursuant foreign policy that “they are with us or against us.”http://edition.cnn.com/2001/US/11/06/gen.attack.on.terror/

 Anyone who questions Mr. Kenyatta’s policies or positions on issues of national import is either “a tool of the west,” “anti-development,” “un-patriotric,” “politicizing the issue” or engaging in some yet-to-be-named nefarious behavior.

Memo to Mr. Kenyatta:

As much as you and your supporters would love for him to go away, Raila Odinga is the face and voice of Kenya’s opposition. Like you, he is a politician and looks at most issues through a political lens. Mr. Odinga is as much a “patriot” and “development-minded” as you are. And incase y’all had forgotten, Mr. Odinga is also Kenyan!

Remind Kenyans again how you and William Ruto ended up winning the presidency, CJ Mutunga’s ruling notwithstanding?

What’s that?

You and Mr. Ruto had a “better vision for Kenya?”

Sure you did…and you were able to wrap that vision in an anti-ICC/anti-The Hague/Xenophobic shuka at the various “prayer rallies” held “throughout” the country all the way to the presidency. By running for the presidency despite the charges facing you and your running mate, you dared the criminal court to try (and convict) the president and deputy president of a member state. And while presidential campaigns are by “political”, you Mr. President have continued to wrap your presidency using the same shuka you used during the (political) campaign. You have continued to draw on the energy generated at the “prayer rallies” during the campaigns by continuing to politicize the issue.

“Jamba”, who recently took a position on charges facing him at The Hague…not as a “personal challenge”, but as the “duly elected president of the sovereign Republic of Kenya”? I will help you out: It is you. Mr. President, you famously said that the charges facing you at The Hague were “personal challenges” that will not spill over into your role if elected to the presidency. http://www.theguardian.com/world/2013/feb/11/kenya-elections-presidential-debate

Well sir you are now the president of Kenya.

That Kenya, ‘ere the decision by The Hague not to run your trial and that of your digital twin Mr. Ruto simultaneously, run the risk of being rudderless were you and Mr. Ruto to face the “foreigners” at the ICC at the same time is the direct result of your politicization of your (collective) charges.

Bw. Rais, it is disingenuous and blatantly hypocritical to accuse Mr. Odinga of “politicizing” issues that matter to Kenya and Kenyans even as you and your sycophants do the same.

Fool me once, shame on you

Fool me twice, shame on me

Fool me thrice; I must be Kenyan!

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Filed under 2013 Presidential Elections, Democracy, Elections, Failed State, Governance, Governance - Kenya, International Criminal Court - ICC, Justice, Kenya, Land, Land Ownership, Politics, The Hague

Finally!

It has been a long and painful five-year journey with twists and turns that would make for a great who-done-it caper worthy of Sir Arthur Conan Doyles’ penmanship. Unfortunately for the family and friends of the 1200+ Kenyans who died, some in the most horrific of circumstances including being locked then set alight inside a place usually reserved for those seeking the calming grace of their deity, the horrors of their beloved country’s darkest moment live in infamy to this very day.

Starting off as the “Ocampo Six” charged, by then-Chief Prosecutor of the International Criminal Court (ICC) Argentinean Luis Gabriel Moreno Ocampo, with crimes against humanity related to the post-election violence that engulfed Kenya in the wake of the disputed presidential elections of 2007, Uhuru Kenyatta, William Ruto, Francis Muthaura, Mohammed Ali, Henry Kosgey and Joshua Arap Sang became the “Ocampo Four” as the prosecution was unable to confirm charges against former police commissioner Mohammed Ali and former Industrialization Minister Henry Kosgey. The four soon became three as the ICC prosecution dropped charges against the former Cabinet Secretary Mr. Muthaura following the discrediting of a key witness.

Gambian Ms. Fatou Bensouda who took over from Mr. Moreno Ocampo has diligently worked through the legal labyrinth of obstacles – some valid and others deliberate – including allegations of bribery and intimidation of witnesses not to mention the election of two of the remaining three suspects to the presidency and deputy presidency of Kenya. It is the possible and eventual election of Uhuru Kenyatta and William Ruto as President and Deputy President that drew the much-derided and in equal parts applauded “choices have consequences” comment by then-US Assistant Secretary of State for African Affairs Johnnie Carson.

http://elections.nation.co.ke/news/-/1631868/1687566/-/p86h8fz/-/index.html

I have a different take on the consequences Mr. Carson was alluding to.

That the 3 suspects are being tried at The Hague instead of Kenya or Arusha is the consequence of  an elite and ruling class that has repeatedly acted with impunity including detaining, torturing and murdering their opponents, perceived and otherwise. Mr. Kenyatta, Mr. Ruto and Mr. Sang have been tripped by a (Kenyan) legal system that has the reputation of being susceptible to manipulation and influence by the rich and powerful. As a consequence, they are now facing a legal system that is comparatively unforgiving and unyielding and very expensive!

Methinks that the accused, especially the president and his deputy, shot themselves in the foot with their intense lobbying to get the proceedings delayed and re-located locally; certainly away from The Hague. Said maneuvers played into the hands of those who believe that given Kenya’s past, it would be very difficult, almost impossible to try the two principals, Uhuru Kenyatta in particular, locally without interference and manipulation by the country’s political elites. All one has to do is pick up recent copies of local newspapers such as Daily Nation and they will see how incompetent and untrustworthy Kenya’s judiciary has been when faced with politically-charged cases:

Those responsible for the assassinations of JM Kariuki, Tom Mboya and Robert Ouko, allegedly at the behest of Presidents Kenyatta Pere and Moi respectively, have never been brought to justice, including the “big man” who was identified by the convicted assassin Nahashon Isaac Njenga Njoroge as the force behind the murder of Tom Mboya.

I also believe that the delaying tactics were designed to whittle down the number of victims willing to testify against the 3 suspects, sway public opinion against the proceedings and eventually compel the ICC to try the cases locally. Mr. Kenyatta and Mr. Ruto were indeed able to sway public opinion in their favor and ride the anti-ICC wave to the presidency and deputy presidency respectively. They were also successful in whittling down the number of those willing to testify against them, allegedly through bribery and intimidation. Fortunately, their efforts did not sway the required 2/3rds majority of judges to vote in favor of moving the cases from The Hague.

The guilty are afraid, so goes the title of one of Mr. René Lodge Brabazon Raymond aka James Hadley Chase’s books.

If the suspects have nothing to hide and enough evidence to sustain said claim of innocence, they should not worry about the venue of the trials. The president and his deputy also have services of the best legal teams money can buy. Mr. Kenyatta in particular has access to the Kenyatta fortune and given the coalition (with Mr. Ruto) of the suspects; a union of two person facing charges at The Hague, the two should have no problem funding their legal team(s) to fight Ms. Bensouda at The Hague

Consequences indeed!

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Filed under 2013 Presidential Elections, Corruption, Democracy, Elections, Failed State, Governance, Governance - Kenya, IDPs, International Criminal Court - ICC, Justice, Kenya, Law & Order, Politics, The Hague

Twin Rorschach Tests: On Trayvon Martin et al.

I have just listened to son of K’Ogelo and American President Barack Obama address the dichotomous reaction of Americans to the verdict by the jury in Sanford Florida on the shooting death of Trayvon Martin, a 17year old African-American boy. Trayvon was shot by George Zimmerman a bi-racial volunteer neighborhood watchman. Mr. Zimmerman, against orders from the police dispatcher who was handling his “report of suspicious activities”, followed Mr. Martin, got out of his car and in the ensuing tussle, shot him dead.

The verdict by the jury of six women; five white and one Hispanic – acquitted Zimmerman of all charges, basically ruling the death of the unarmed 17year old “justifiable.” America’s reaction to the jury verdict, much like Kenya’s reaction to the ruling by the Supreme Court on the results of the 2013 presidential elections and increasingly to the charges of crimes against humanity facing President Kenyatta and William Ruto has been a Rorschach Test on the two countries’ view on social issues such as race, racism, tribe, tribalism and impunity.

The Sanford jury verdict pitted Americans who supported the verdict against those who did not. On one side were Americans who believed that Trayvon Martin deserved what he got i.e. death at the hands of an overzealous neighborhood volunteer watchman who was just “standing his ground” against those “punks who always got away.” On the other side were Americans who believed that once again, the American justice system had let down an innocent black man (not to mention his friends and family) whose only fault was “being black in a neighborhood pre-dominated by non-blacks” and dared to challenge Mr. Zimmerman, who was just protecting those represented by their peers in the jury from his ilk; a young black man!

The April 2013 ruling by Kenya’s Supreme Court to disallow forensic auditing of the much-maligned and sub-standard information technology (IT) infrastructure used by the equally maligned and incompetent IEBC and award the presidency and deputy presidency to Jubilee’s Uhuru Kenyatta and William Ruto pitted Kenyans who supported the verdict against those who did not support the court’s ruling: on one side were Kenyans who believed that the ruling by their Supreme Court was valid, rejection of the forensic audit of the failed IT infrastructure notwithstanding. On the other side were Kenyans who believed that once again, Kenya’s justice system had been manipulated by the rich, powerful and well-connected to maintain they hold on power.

And just as Kenyans who protested the Supreme Court’s decision awarding the 2013 presidency to Jubilee’s Uhuru Kenyatta and William Ruto were told to “get over it and move on”, so were Americans who rallied in protest against the verdict acquitting George Zimmerman of murdering teenager Trayvon Martin.

To paraphrase a line from the July 20th New York Times editorial piece on President Obama’s surprise appearance at the White House press briefing http://www.nytimes.com/2013/07/20/opinion/president-obamas-anguish.html, just as the verdict crystallized the dissonance regarding race and racism in America, so has the dynamics of presidential politics in Kenya done on matters of tribe and tribalism. Americans idealize their society and mythologize the role the founding fathers played in the creation of said society just like Kenyans idealize Kenya and the role its founding father played in its creation.

Once again, paraphrasing the editorial piece from the NY Times: Viewed within the narrow confines of matters regarding racial justice and harmony, there is no doubt that America has done a yeoman’s job given its sordid history. The tangible/physical remnants of racism and racial discrimination are few and far between, definitely a rarity and an exception in the daily lives of Americans. Similarly, long gone is the overt and blatant tribal chauvinism originated by one Jomo Kenyatta after Kenya’s independence in the early 60s; chauvinism that included oath-taking by those around him after the 1969 assassination of Tom Mboya to ensure that “the (Kenyan) presidency does not cross the Chania River”. http://kumekucha.blogspot.com/2007/08/kenyan-presidency-was-not-supposed-to.html

http://diasporamessenger.com/this-woman-mary-wambui-kibaki/

Given the Rorschach-esque reactions to the twin evils of racism and tribalism in America and Kenya respectively, Republican Andy Harris may as well have been addressing the groups that reacted negatively to the acquittal of George Zimmerman and the hastily convened swearing-in (and prelude to the horrors of post-election violence) of President Kibaki in 2007, not to mention the ruling of Kenya’s Supreme Court to reject forensic auditing of the information technology (IT) system used by the electoral board commission with his flippant “get over it” remark!

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Filed under 2013 Presidential Elections, Democracy, George Zimmerman, Governance - Kenya, IDPs, International Criminal Court - ICC, International Relations/Global Issues, Justice, Kenya, Law & Order, Life, Race, Racial Discrimination, Racism, The Hague, Tribalism

Baba wa taifa alisema: On proclamations and diktats

http://www.nation.co.ke/News/Uhuru-urges-teachers-to-end-strike/-/1056/1904892/-/p9151oz/-/index.html
http://www.nation.co.ke/News/politics/Embrace-teamwork-Uhuru-urges-Jubilee-MPs-/-/1064/1902316/-/a92h51z/-/index.html
http://www.nation.co.ke/News/Uhuru-sees-deeper-Burundi-ties-/-/1056/1901810/-/7bpw6n/-/index.html
http://www.nation.co.ke/News/-/1056/1899410/-/w2o49hz/-/index.html
http://www.nation.co.ke/News/-/1056/1896904/-/w2q3bhz/-/index.html
http://www.nation.co.ke/News/Guard-against-corruption-Uhuru-tells-PSs/-/1056/1896636/-/1vmcvk/-/index.html
http://www.nation.co.ke/oped/Editorial/Enhance-security-at-port/-/440804/1895588/-/69vsot/-/index.html
http://www.nation.co.ke/News/-/1056/1894886/-/w2rhj5z/-/index.html
http://www.nation.co.ke/oped/Opinion/-/440808/1893362/-/jgdle9z/-/index.html
The fore-going are links to proclamations, directives or orders announced either on behalf of or by President Uhuru Kenyatta since he took office in mid-March 2013 after the Supreme Court ruled in his favor. The list is not comprehensive but methinks is comprehensive enough to make my point:

At the self-imposed 100-day review point of his presidency, the president is flailing.

http://www.nation.co.ke/News/IDPs-ask-Uhuru-to-give-them-land-/-/1056/1894522/-/27fim0/-/index.html

Mr. Kenyatta is jumping from one crisis to another with proclamations, directives, orders and diktats that beg the larger question:

Who is in charge of the institutions tasked with ensuring that the services Mr. Kenyatta is issuing directives on are provided as required?

While issuance of directives, especially those related to foreign affairs and national security are within the purview of the head of state, one wonders why he has to issue them on matters as sundry and benign as “teamwork” and “corruption” if, as we were told during the election victory-induced giddiness, those heading the various ministries were nominated and confirmed on the basis of “…their professional background, merit and experience.”

http://www.nation.co.ke/News/Uhuru-Ruto-pick-23-for-top-ministry-jobs/-/1056/1859232/-/aq1crg/-/index.html .

I would like to believe that a professional and experienced cadre of employees knows the importance of “teamwork”, do not abuse drugs and abhor corruption. Apparently that is not the case in Kenya! The unequivocal and confident presidential testament to the competence of the various cabinet secretaries during their nomination was promptly followed by a groveling and less-than-presidential plea for more time for the competent secretaries to hit their stride! The plea for more time came in the form of a parable by the ICC suspect turned pleader-in-chief; a style of speechifying that the president’s nemesis was repeatedly ridiculed for. Oh the irony!

Said the senior half of the digital duo, tellingly (subliminally?) at a church – ACK St. Paul in Embu: “If you get a wife, a child does not come after only three months. You give her enough time.” Mr. Kenyatta appropriately made this comments in a place people go to confess their sins and ask for forgiveness!

http://www.standardmedia.co.ke/?articleID=2000087807&story_title=uhuru-give-the-government-a-chance-to-deliver

The two diametrically opposed presidential proclamations are juxtaposed next to one another after the digital duo had sold their euphoric jubilants the li(n)es; in a sequence of presidential appearances that could have served as comedic skits right out of a Saturday Night Live or Churchill Live!

Unfortunately, the chain of events is not an act; but an apt metaphor for the bait-and-switch meme most politicians are notorious for. The same meme that has been perfected, packaged and successfully sold to a Kenyan public eager to partake in their share of “matundu ya uhuru” by their so-called leaders. The sad thing is that they, Kenyans, fall for the deception every election cycle! The enraptured jubilants were sold li(n)es they bought hook, line and sinker – as we say stateside.

Yes indeed, choices do have consequences that are painfully bearing out.

http://www.nation.co.ke/News/politics/-/1064/1860598/-/blj8wb/-/index.html

The latest presidential order was issued to Mr. Joseph Ole Lenku, the Cabinet Secretary for Interior Ministry. The minister was ordered to airlift the students involved in the tragic school bus accident in Kisii to Nairobi for treatment.

http://www.nation.co.ke/News/Airlift-Kisii-accident-students-to-KNH/-/1056/1911504/-/ib9m22/-/index.html

Along with the directive was the assurance that “the government will foot the hospital fees.”

A blogger named Zaze said it best with the following:

If it will take the President to intervene in everything including common sense issues like taking the injured to the best medical facilities, then to me that is a symptom of an administration with a knee jerk reactions to issues. It is an administration which is reactive to issues as opposed to being proactive. It is an administration that chases the wind as opposed to harnessing the wind’s powers for the benefit of its people.

While the compassion reflected in the president’s directive is unquestionable, indeed timely, that the directive had to come from Mr. Kenyatta and not the Cabinet Secretary or Secretaries responsible for the issue(s) harkens back to the days of pronouncements and edicts by Kenyatta Pere and Daniel Moi. It is a style of leadership vividly captured by Robert H. Jackson and Carl G. Rosberg in their seminal work on leadership in Africa titled Personal Rule in Black Africa (Pg.108-112). Such proclamations effectively sideline the cabinet secretaries/ministers and in a portending slippery slope, pre-empt the legislative role of parliament and other policymakers; replacing them with the annoying diktats of yesteryears: Baba wa taifa alisema….”

http://www.nation.co.ke/News/politics/Jubilee-government-will-be-known-for-rule-by-fiat/-/1064/1898416/-/49bvnuz/-/index.html

A very disturbing sign.

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Filed under 2013 Presidential Elections, Corruption, Democracy, Elections, Governance - Kenya, Kenya, Law & Order, Politics

Opening Pandora’s Box

Former Minister for Lands and Settlement and current Senator for Laikipia Mr. Godfrey ‘GG’ Kariuki has fired an opening salvo on the one issue that will define the legacy of President Uhuru Kenyatta, son of Jomo Kenyatta, the very person who, in my opinion, created the issue in the first place: the Pandora’s Box that is land ownership in Kenya.

Mr. Kariuki articulated, at the highest level ever by an influential and living Kenyan politician, a sentiment that has been echoed by millions of ordinary Kenyans across ALL tribes and regions since independence but until recently were deathly afraid to discuss publicly.

Said GG; “(T)here’s no reason why (President) Uhuru should not change this country forever. He has the power; he doesn’t need any other power. He has the wealth; he doesn’t need any other wealth.”

The context of the fore-going comment by Sen. Kariuki was Kenya’s history of land grabbing and suspicious accumulation of wealth by its presidents, politicians and the sycophants around them. The senator pointedly blamed the country’s history of corruption and impunity for the fore-going; an opinion broached by Charles Hornsby in the book KENYA: A history since independence, when he writes about “the monarchical nature of ‘King’ Kenyatta’s ‘divine’ rule…” (Pge. 107) once the country gained its independence from the British. Mr. Hornsby also argues that it was during this time that Jomo Kenyatta started to amass his personal fortune (Pge. 108) that was then inherited by his family. In short, the evidence is compelling that the current president is the beneficiary of ill-gotten gains courtesy of his father and is therefore uniquely positioned to address said subject.

http://www.nation.co.ke/News/Senators-urge-Uhuru-to-solve-land-problem-/-/1056/1889382/-/cjrhox/-/index.html#disqus_thread

Godfrey Gitahi Kariuki, who according to the website http://www.kenyahistory.co.ke/personalities.php?pg=personalities&id=76 was “at one time arguably the third most powerful man during the first four years of President Daniel arap Moi’s rule” is spot on with his assertion regarding President Uhuru Kenyatta’s unique position in resolving Kenya’s enduring issue of land ownership. Mr. Kenyatta can and should confront the sins of his father Jomo and those of his mentors Daniel Arap Moi and Mwai Kibaki. Were he to do that, even symbolically, Uhuru would forever endear himself to most Kenyans who will at least give him partial credit for confronting the subject of land ownership and by default corruption; subjects that his predecessors have avoided like vampires avoid sunlight. Son of Jomo will not only cement his place in the country’s history, but rather than relying on the bi-tribal support that won him the 2013 elections, Mr. Uhuru Kenyatta will garner support across a grateful and relieved country. Even more importantly, the self-proclaimed Christian and man of God would have done the “right thing” in the eyes of ALL.

Mr. Kariuki, as already mentioned, ministered the docket that oversaw all matters related to the subject at hand – land – at a time in his long political career when government ministers unabashedly lined their pockets with corrupt deals and outright theft! I doubt whether Mr. Kariuki, his proclamations to the current president notwithstanding, is an exception. He has therefore exposed himself to scrutiny and criticism by potentially “living in glass house AND throwing stones” so medoubts that his challenge to Mr. Kenyatta is a publicity stunt nor would I mind being wrong if it were one! The country needs to address the issue of land, plain and simple.  

I will never understand how Jomo Kenyatta could have amassed and “bequeathed” his family land the size of Nyanza Province http://www.youtube.com/watch?feature=fvwp&v=wUgnetCkEbw&NR=1 while millions of Kenyans struggled to eke out a living within a stone’s throw of the splendor that is “Mzee’s” home in Gatundu! And the silly mantra of “willing buyer/willing seller” regurgitated by his son as recently as early this year during the presidential debates http://allafrica.com/stories/201302260131.html has been rubbished by several independent historians and historical analyses, the latest being the just-released Truth Justice and Reconciliation Commission (TJRC) report that “accused all post-independence governments of having failed to honestly and adequately address land-related injustices that started with colonialism”.

By accusing the colonialists (missionaries) of trading their Bibles for Kenya’s land and turning around and doing the same thing to the good people of the Rift Valley and Coastal region, Jomo Kenyatta may have amassed enough wealth to make his third wife Ngina Muhoho and their children the wealthiest family in the land.  Unfortunately the very greed that amassed said wealth set the country on the ruinous path that exploded into the post-election violence of 2007 elections and in a bit of poetic justice, landed his son at The Hague for violence against Kenyans!

I am, and continue to be a strong proponent of letting the International Criminal Court process play out to its conclusion. In a previous article titled The Loyal Opposition and The Fruit I offered that Mr. Kenyatta and his deputy may yet beat back the charges they face at The Hague. I will offer that the one way the suspect can assuage those calling for Chief Prosecutor of the ICC Ms. Fatou Bensouda to figuratively off his head (and that of his deputy Mr. William Ruto) is by tackling head-on, the root cause of the tribal animus, ergo post-election violence of 2007, that got the “digital duo” in trouble in the first place – land ownership.

The septuagenarian senator from Laikipia has given President Uhuru Kenyatta an opening on an explosive issue that the “young” president should grab with both hands and turn to his advantage; much like he turned the ICC issue to his advantage during the elections of 2013. Mr. Kenyatta should not minimize or offer platitudinous responses to the issue of land ownership and by extension, the plight of internally-displaced people (IDPs) as he has done in the past via claims that his family’s land was acquired in transactions between “willing buyers/willing sellers” or the sophomoric Econ 101 lecture that “land is a factor of production.” Being an astute politician and I would imagine student of the country’s history, I doubt whether Mr. Kenyatta actually believes that li(n)e! Additionally, he should not do what his mother Mama Ngina did when offered the opportunity to act sympathetic and magnanimous to the plight of IDCs – internally-displaced children – in front of cameras. The former first lady literally fled when the subject was brought up http://www.youtube.com/watch?v=dcKY-t0CkZo by a reporter even as an aide offered the rather curious “hiyo politics ita fanye akose kurudi tena” (that politically-loaded question will prevent her from returning). Mama Ngina, as the former first lady was called, who had led massive prayer rallies for her son and Mr. Ruto after the ICC confirmed charges against the two, reacted in a cold, callous and un-Christian way towards the interminable suffering of God’s children. Ms. Muhoho missed an opportunity to do for the least of God’s children, something she asked Him to do for her son and Mr. Ruto and in so doing, she failed to turn the millstone hanging around her family’s neck into a humanizing and positive moment.

Her son and current president should not do the same.

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Filed under 2013 Presidential Elections, Corruption, Disparity - Income Distribution, Elections, Governance - Kenya, IDPs, International Criminal Court - ICC, Justice, Kenya, Law & Order, Politics, The Hague, Tribalism

Acquiescence through Silence

There are so many ways to parse the saga over Raila’s twin encounters with the “over-enthusiastic” civil servants at Jomo Kenyatta International Airport (JKIA) that in my opinion, all lead to the same endpoint:

Preventing the former prime minister from using a lounge supposedly reserved for VIPs speaks to an (Uhuru) administration that talks a good game but is curiously terrified of Raila Odinga’s (next) moves and is also struggling to deliver on the lofty albeit nebulous campaign promise of “kusema na kutenda” especially as the mantra pertains to humility in victory, embracing former political opponents and being a president for ALL Kenyans including those who supported his erstwhile  challenger and nemesis!

In a slight digression, that JKIA has three (3) levels of lounges – State Pavilion, VIP III and Government VIP Lounge – is pretentious obfuscation to be deconstructed on another day in another article!

The letter that formed the basis for denying Mr. Odinga, retired President Kibaki’s co-principal in the Grand Coalition Government, entry into the “aprons of the airport” only reserved for VVIPs that include “retired former presidents of the Republic of Kenya” was written by Mr. Francis Kimemia – President Kenyatta’s Secretary to the Cabinet. The letter was copied to a host of high-ranking members of the president’s men including the Permanent Secretary in the Ministry of Transport, Mr Karanja Kibicho, Interior Permanent Secretary Mutea Iringo, the Inspector General of Police David Kimaiyo, the chairman of the Kenya Airports Authority Mutuma Mugambi and managing director Stephen Gichuki. Finally, the letter was also copied to Mr. Kenyatta’s co-defendant at The Hague and the Deputy President Mr. William Ruto.

http://www.nation.co.ke/News/politics/Raila-blocked-from-airports-VIP-lounge/-/1064/1871588/-/se2mgj/-/index.html

http://www.nation.co.ke/News/Raila-caught-in-fresh-VIP-lounge-drama/-/1056/1873606/-/15eqqio/-/index.html

One would forgive the actions of the ubiquitous “over-enthusiastic” underlings if they applied a Spartan reading and interpretation of the Secretary’s letter. However, given Mr. Odinga’s gravitas, history, popularity and some would say notoreity not only within the country, but arguably globally, interpreting Mr. Kimemia’s letter to include denying the former Prime Minister access to the lounge reserved for “very very important people” is an unlikely scenario and frankly very audacious of the hapless civil servants caught in middle of the silliness of their leaders. Similarly, I would argue that any claim that Mr. Kenyatta was not aware of such a significant decision; one adversely impacting one of the country’s most visible personalities by a member or members of his administration, including his deputy is asking even his most rabid supporter to suspend belief and lose credibility/objectivity in the process. Now if the president was truly unaware of a decision that basically barred his closest opponent in the 2013 election and former president Kibaki’s co-principal from a privilege reserved for the “most important of persons” then that opens a Pandora’s Box of questions; most regarding the quality of service the president is receiving from those around him including the following:

  • Are the individuals listed above that incompetent or so tone-deaf that they did not foresee the furor resulting from the content of the letter they appended their names to?
  • And if they foresaw the uproar, why did they proceed with the decision?

http://www.nation.co.ke/News/politics/The-letter-used-to-lock-out-Raila/-/1064/1877450/-/9dkfqq/-/index.html

http://www.jambonewspot.com/forces-behind-raila-airport-vip-lounges-woes-revealed/

You can tell a lot about someone by the way they act/behave in victory and in defeat. The issue for me is the on-going arrogance and hubris of those around Mr. Kenyatta and by extension, Mr. Kenyatta himself. In the piece titled “Getting His Groove?” I wrote that “…the president and his deputy should worry more about the advice offered by those around them than about what Raila and Kalonza will do next. Kenya’s history is littered with presidential aides and others with access to the corridors of power who acted selfishly by lining their pockets and fattening their bank accounts while claiming to act on “behalf of Bwana Mkubwa” or “The Big Man.” It is the actions of these selfish individuals that tend to erect a bubble/filter around the president thereby alienating him from the plight of everyday citizens.” I can now insert actual names of presidential aides and those around the presidency who act selfishly. I also still hold the preceding sentiment re: being wary of those around the presidency to be the case though I will now add that Mr. Kenyatta is not helping himself by keeping quiet when those in his employment – Messers Kimemia, Karanja Kibicho, Mutea Iringo, Mutuma Mugambi and Stephen Gichuki – come across as incompetent, vindictive and petty buffons.

The president’s silence on the disrespect shown Mr. Odinga at JKIA not once, but twice speaks volumes and can be filed under the heading those who refuse to speak out against an injustice are as guilty as those perpetrating the injustice – so goes the saying. Mr. Kenyatta’s silence is tacit approval of the actions of the “over-enthusiastic” civil servants. In failing to come out unequivocally against the disrespect shown Mr. Odinga by the airport employees, based on interpretation of a letter from the Secretary of Cabinet and copied to the deputy president and a host of other senior members of the Kenyatta administration, I can see the germination of the very “kitchen cabinet” that formed the sycophancy that was the hallmark of Mr. Kenyatta’s father’s presidency and that of his mentor Mr. Arap Moi.

Not a good sign.

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Filed under 2013 Presidential Elections, Democracy, Elections, Governance - Kenya, Justice, Kenya, Law & Order, Life, Politics, Tribalism