Category Archives: Corruption

The things he did NOT say

In a three thousand two hundred and forty-four worded (3,244) inauguration speech, President Uhuru Kenyatta devoted only one hundred and seventeen (117) to the issue of land. And of the 117 words addressing the land issue, one can argue that just forty-two – approximately 1.3% of the total number of words in the speech – dealt with the issue from the perspective that has been at the heart of disputes between the various communities in the country. The president said this:

My government will strive to work with all actors to ensure that the issue of land will never again be a contentious or a divisive subject but rather that land will be seen as what it truly is, a factor of production.”

Nowhere in the speech did the president touch on nor propose any solutions to the plight of the internally-displaced people (IDPs). Nowhere in the speech that has been praised and panned alike did Mr. Kenyatta talk about the impact of corruption or the many other isms that have and continue to sap the nation of its will and drive to excel.

What I heard from the in-coming president were lofty platitudinous themes and lines. While these lofty and grandiose alliterations are to be expected in an inauguration speech, that they seemingly came at the expense of what in my opinion were more pressing issues – addressing the issue of land ownership with the seriousness it deserves and not in passing, the still-unresolved suffering of thousands of Kenyans who were uprooted from their homes by the post-election violence of 2007 and the widespread and rampant (official) corruption – is alarming and portends the (misplaced) priorities of the in-coming administration.

I understand that there is a time and place for everything. I also realize that one should never miss an opportunity to make an impact. That the person being inaugurated as president was also the son of the country’s first president added to the momentous nature of the occasion. Additionally, the inauguration of Kenya’s 4th President in the wake of the colossal failure of the election and “inauguration” of 2007 was, in my opinion, an occasion tailor-made for making an impact; illustrating the stark contrast between the transition of power now and then; not to mention that the person being inaugurated was one of three persons accused, along with his deputy, of funding and instigating the crimes against humanity after the same failed elections of 2007! The fore-going three reasons set the stage for Mr. Kenyatta to use the occasion to convey to the country that his administration was serious about the country’s long term progress and stability.

President Uhuru Kenyatta’s inauguration speech should have addressed the tri-headed monsters of land ownership, resettlement of the IDPs and the rampant (official) corruption.

It did not.

Maybe the fact that the three people most responsible for creating, perpetuating and exacerbating the culture of land-grabbing, corruption, nepotism and tribalism were sitting right behind President Kenyatta on the VIP dais dissuaded him from pointedly addressing them.

  • The inauguree and in-coming president, Kenyatta Fils was representing his father Kenyatta Pere, who as Kenya’s founding father has been lionized and immortalized in the annals of the country’s history. I would add to this near-deification of the country’s first president an asterisk and the qualifier that Kenyatta Pere single-handedly created the country’s land problems, not to mention its tribal divisions and the culture of patronage shortly after it gained independence from the British. In a cruel twist of irony reflected in a narrative germinated by the principals of the victorious Jubilee Coalition during the run-up to the just-concluded elections, Kenyatta Son is facing judgment by the same “foreigners” who imprisoned Kenyatta Father in Kapenguria during Kenya’s fight for independence! The more things change, the more they stay the same!
  • Mr. Moi – need I say more?
  • Mr. Kibaki came into the presidency in 2002 with as much goodwill and support as any president of a diverse country would want. Both the goodwill and support was broad and deep. The country was unified AGAINST the one person most Kenyans blamed for the downturn in its economy, social cohesiveness and international standings – Daniel Arap Moi. Fast forward five years later to 2007 and like they say, the rest is history. No amount of revisionism can change the fact that Mr. Kibaki’s “re-election” in 2007 and the surreptitious “swearing-in” under cover of dark amidst wide-spread charges of ballot-stuffing and an assortment of shenanigans combined to convulse Kenya into Rwanda Part Deux.

Like I said in previous posts, I am willing to cut Mr. Kenyatta some slack as he steadies himself into the presidency; a combined Herculean and Sisyphean task if ever there was one. On the other hand, I would be remiss if I failed to listen to and analyze his inauguration speech without pointing out the blatant and glaring omissions i.e. what the in-coming president did not say.

It is my opinion that what Mr. Kenyatta did not say in his inauguration speech does not augur well for his ability, indeed willingness to address and give the issues of land ownership, re-settlement of the IDPs and official corruption the import they deserve.

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Filed under 2013 Presidential Elections, Corruption, Elections, Governance - Kenya, IDPs, Justice, Kenya, Politics, The Hague, Tribalism

Clerical Errors and Kitu Kidogo

As disappointed as I am that the Supreme Court of Kenya (SCOK) has validated the results of the 2013 Elections despite what I would describe as compelling evidence of “massive systemic failure” of the election process, I respect its decision and commit to move on. And as noted in a previous post “The Loyal Opposition and The Fruit,” I fully expected SCOK to uphold Jubilee’s victory review of the polling data notwithstanding. I also noted that when it came to pass, the losing CORD candidates, Raila Odinga in particular, should play the role of the respectful and loyal opposition while mentoring upcoming socio-political leaders. His experience as a reformer is invaluable.

I respect SCOK’s decision because according to the March 30 issue of the Daily Nation in an article titled Supreme Court upholds Uhuru’s election as president, the decision was unanimous. It is encouraging that the five (5) justices AND their chief, Chief Justice Mutunga ALL agreed that Messr’s Uhuru Kenyatta and William Ruto were validly elected as president and vice-president respectively. I am, however, left wondering whether the phenomenon groupthink1 was at work here.

1 – A psychological phenomenon that occurs within a group of people, in which the desire for harmony or conformity in the group results in an incorrect or deviant decision-making outcome.

Like someone told me the other day: Opinions are like (fill in your favorite part of the human anatomy), everyone has one. To wit; it is my opinion that SCOK’s decision overlooked the data as presented by Ms. Kilonzo and Mr. Oraro including the admission by Jubilee’s own lawyer Mr. Ngatia that even though there were admitted “clerical errors” tallying the various results from the sampled polling centers, “no mischief” was intended “at all!” I am not a statistician but I have worked and interacted with some of the best statisticians and mathematicians over the past 20+ years in the medical device manufacturing industry here in Silicon Valley. I will say that if I conducted a test that yielded data similar to the data set presented before SCOK by Ms. Kilonzo and Mr. Oraro, peer review would fail my test and compel me to repeat said test – period! The one qualifier I would add to my contention is this: The threshold for reliability of and confidence in election results based on a small sampling of selected polling stations may be different from that reliability and confidence requirements for testing/qualifying processes used to manufacture medical devices!

If ever there was a metaphor for the Kenyan culture of “Kitu Kidogo,” I would say that the process and outcome of the petition filed by CORD is apt! We have Mr. Fred Ngatia, the plaintiff’s lawyer conceding that there were indeed small “clerical errors” whose intentions were not “mischievous at all” – tallying errors nonetheless. We then have the same Mr. Ngatia convincing the SCOK that these “clerical errors” did not invalidate the outcome of the election of his clients and crimes-against-humanity suspects Messer’s Kenyatta and Ruto to the highest offices in the country! I would say that consistent and widespread “clerical errors” tallying and tabulating votes that may potentially determine the outcome of a presidential election deserve more than a flippant characterization and review, especially by the highest court in the land! The frivolity with which Mr. Ngatia portrayed the tallying errors is consistent with the way most Kenyan’s think about bribery, corruption and cutting corners in general; indeed a national Rorschach Test whose outcome is very disturbing:

It is just “kitu kidogo – something small” to expedite issuance of a driver’s license, conveniently overlook some code violations when conducting a building or road inspection or “miss” seeing the bald front tires or faulty brakes on a public service vehicle during a traffic stop! No “mischief” may have been intended in the foregoing scenarios but the end results of these “vitu vidogo” is there for all to see: Drivers who can barely drive let alone understand/obey traffic rules, construction – roads and buildings – that crumble and fall apart shortly after being commissioned leaving death, destruction and misery in their wake and carnage on the road due to accidents caused by a combination of ill-gotten driver’s licenses, drunk driving, vehicles that are not road-worthy and supposed highways in various stages of dis-repair. In short, the culture of so-called and allegedly un-mischievous/benign “clerical errors, typos, computer glitches, vitu vidogo” has mutated into a cancer that is slowly but surely killing the national spirit and cohesion! But hey…”nothing mischievous was intended.” It was just something small.

The foregoing aside, the Supreme Court has rendered its verdict: Uhuru Muigai Kenyatta and William Samoei Ruto are scheduled to be sworn in as President and Vice-President of Kenya on April 9, 2013. They will then have about two months before they board the plane to The Hague for their date with Ms. Fatu Bensouda on charges of crimes against the very humanity that elected them into office.

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Filed under 2013 Presidential Elections, Corruption, Democracy, Elections, Justice, Kenya, Politics