Category Archives: IDPs

The Circus Is Coming to Town: Mr. Kenyatta Goes to The Hague Along with “Big Men” and Their Toadies

It now appears that President Uhuru Kenyatta will eschew the trappings of his office, even if it’s just for a few hours and appear before Ms. Fatou Bensouda and the presiding judges at The Hague not as the Commander-in-Chief of Kenya’s Armed Forces, but as a crimes-against-humanity suspect.

The symbolism of this moment is not lost on Kenyans and in keeping with the partisan divide this case has taken since it was first announced, there are those who will look at this moment as the day the one time high, mighty and untouchable of Kenyan society stood before a judge they could not cower or court system they could not manipulate to answer criminal charges against them. Conversely, there are others such as Moi University Lecturer of Media Studies Dr. Omanga who will see Mr. Kenyatta’s summons and appearance before the International Criminal Court (ICC) as classic Kabuki theater i.e. political and legal posturing by the courts ‘ere the inevitable triumph of “us” over “them”. In his article in the Daily Nation, the lecturer compares Mr. Kenyatta’s summons to The Hague as a mere show of valiancy by the world court in the face of pre-ordained defeat i.e. dismissal or indefinite suspension of the case against POK.

In keeping with the African tradition of story-telling to illustrate a point, Dr. Omanga “tanda wilis” the story about a leopard (Mr. Kenyatta) cornering a squirrel (ICC) for dinner; a showdown whose outcome is inevitable (death to the squirrel) or in this case dismissal or indefinite suspension of the case against POK.

True to the hubris and triumphalism reflected in the lecturer’s parable, Mr. Kenyatta is reportedly going to The Hague with a posse of over one hundred and twenty distinguished supporters and toadies. Included in the entourage are four heads of state, at least at last count and an assortment of hanger-ons and sycophants. There are also reports that Mr. Kenyatta will address the court. It is this combination of events that I want to see play out: Frankly I would pay top dollars (or shillings) to bear witness to the optics of (reluctant?) “big man” and budding Pan-Africanist Uhuru Kenyatta, urged on by the quintessential “big men” Presidents Pierre Nkurunziza of Burundi, Uganda’s Yoweri Museveni and Paul Kagame of Rwanda and their sycophants, going mano-a-mano with the hitherto unflappable daughter of Mali and Chief Prosecutor Fatou Bensouda.

I would advise Mr. Kenyatta to harness the collective jingoism of his supporters and caution them against making a public spectacle of themselves and by extension, of him, on the international stage no less. President Kenyatta has seemingly stabilized his presidency and has comported himself with a modicum of competence after a rather rough start. He should continue along that path and take a page from his deputy Mr. William Ruto who has conducted himself with aplomb worthy of a true Moran (tho’ mewonders whether he is actually Masai). The junior half of the digital duo his appeared before the chamber on schedule/as scheduled and for all the bluster and fury at the beginning of the trials, his supporters and their antics have avoided becoming THE news.

Mr. Kenyatta would also be ill-advised to use his chance to “address the court” as an opportunity to lay out his road-to-Jerusalem Pan-Africanist credentials. It is a message that is passé in this era of globalization not to mention information at the stroke of keys. The president should avoid getting on his soapbox and haranguing that the “ICC is a vestige of colonialism” and the other anti-western rant that are frankly hypocritical given his very western-leaning personal and business proclivities.

Indeed this Wednesday October 8th 2014 hearing may be Ms. Bensouda’s last hurrah in the case against Mr. Kenyatta. If that is the case, I would argue that the fact the process played out to its conclusion, the accusations and counter-accusations notwithstanding is something both sides can take “credit” for; as Pyrrhic a victory as it is for those who lost loved ones in the post-election violence of 2007/8.

I am glad that Mr. Uhuru Kenyatta, heir to a share of $600M fortune was compelled to use some of that money to defend himself against the “personal challenge” that somehow morphed into a national issue that brought Kenya on the verge of pulling out of the world courts, the backroom machinations and use of government resources aside.

Finally, it is my hope that these trials were collective shots across the bow of Africa’s “big men” that the era of wanton impunity especially against their people is over.

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Filed under Governance - Kenya, IDPs, International Criminal Court - ICC, Justice, Kenya

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

Dadi Ameleta Peremende: Daddy has brought sweets!

In a previous piece titled “Kusema Na Kutenda – To Say and To Do”, I wrote that “Mr. Kenyatta also needs to deal with the internally-displaced persons (IDPs) AND the land issue without the platitudinous and perfunctory ‘land is a means of production but not something to always fight for. Let us work together in finding a permanent solution to this problem’ line from his stump speeches.”

https://thetwoninetyonetracker.com/2013/04/26/kusema-na-kutenda/

Recent decisions by POK (President of Kenya) point to Kenyatta Son indeed attempting to deal with the country’s seemingly intractable issue of land ownership and its corollary the internally-displaced persons (IDPs). The president recently issued title deeds to over 60,000 residents of the Coast and while the move was welcomed by some, indeed long overdue, the secrecy and haphazard nature of the process does not bode well for the long-term resolution of the land issue.

http://www.standardmedia.co.ke/?articleID=2000092360&story_title=uhuru-issues-titles-as-jubilee-bets-on-land-to-woo-coast

On the surface, one can argue that the president “semad” and is now “tendaring” as in he campaigned on the issue of land and is now carrying out the (campaign) promise. While I give Mr. Kenyatta kudos for tackling Kenya’s problem of land ownership, I question the process he appears to be using to tackle the problem. To a lesser extent and not as vociferously, I also question his motives.

http://www.standardmedia.co.ke/?articleID=2000092362&story_title=celebration-as-president-issues-land-papers

The process was reportedly secretive and in my opinion, harkened back to the days of Kenyatta Pere and his successor Mr. Moi when allocation of land and approval of the loans to buy said land was done in secrecy and benefitted a select few. Mr. Najib Shamsan of the Kenya Land Alliance was quoted as warning “…that the titles being issued could attract a court battle against the commission if there are reports of discrimination in giving land in settlement schemes.”  Mr. Shamsan went on to claim that “there were serious disputes in settlement schemes such as Mwembe Legeza and Ziwa la Ng’ombe in Mombasa and Kijipwa in Kilifi and we doubt whether this has been sorted out.

The perception of “political interference” and diktats by Mr. Kenyatta’s appointee and Lands Secretary Ms. Charity Ngilu runs the risk of creating the same outcome that Mr. Kenyatta’s father Jomo created when he and those close to him interfered with the distribution of land, especially in the Coastal region of the country and in the “white highlands” of the Rift Valley.

Demand for (and issuance of) free land contravened the agreements reached with the colonizers that private property should be protected not to mention the ideological sensibilities that land should be earned not granted.” The foregoing is a quote paraphrased from Daniel Branch’s book KENYA: Between hope and despair, 1963-2011 (Pge, 91). The quote speaks to the pitfalls surrounding ownership and issuance of land that faced Kenya shortly after she attained her independence.

The following quote is from the chairman of the Commission of inquiry on Illegal and Irregular Allocations of Public Lands (2003/2004) aka Ndungu Land Commission Mr. Paul Ndungu before he gave the presentation titled “Tackling land related corruption in Kenya”: Mr. Ndungu told those gathered that “The land laws inherited from the British had literally vested the whole Country in the President, and he and his advisors naturally felt that, just as the British Monarch had the power to alienate land as he pleased, it was perfectly in order for the President to use the same powers in favour of whoever he wished.”

http://siteresources.worldbank.org/RPDLPROGRAM/Resources/459596-1161903702549/S2_Ndungu.pdf

Mr. Uhuru Kenyatta runs the risk of repeating the errant ways of his father if he continues along the monarchical path of land issuance sans consultation with others in the government and by near-royal decree.

I will generously file the fact that the National Land Commission and the Cabinet Secretariat (of Land) do not appear to speak with a unified voice under the heading “growing pains” as a result of the New Constitution. Having said that, I will also point out that the disjointed voice between the two entities underscores the import Mr. Kenyatta should attach to ensuring that the handling of this most sensitive of issues, one at the center of the country’s numerous tribal clashes, be done so in a manner that is beyond reproach and with the sensitivity deserving of an issue that is critical to the stability of the country.

Finally, Mr. Uhuru Kenyatta studied Political Economics at the exclusive and expensive Amherst College in Amherst, Massachusetts; arguably one of the best liberal arts colleges in the United States. He is neither dumb nor naive. The man affectionately referred to as “Njamba” has also demonstrated a keen understanding of history, especially Kenya’s. It would be very unfortunate were he to repeat the mistakes of his father on this very issue of land ownership by allocating or granting land to people in a manner that may be construed as favoring political supporters and with an eye towards upcoming elections.

At the risk of repeating myself, it is this approach to governance that set Kenya on the path towards the tribal animus that erupted into full-scale violence in 2007 and landed Kenyatta Son in front of Ms. Fatou Bensouda on charges of crimes against humanity.

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Filed under Corruption, Failed State, Governance, IDPs, Justice, Kenya, Land, Land Ownership, Land-grabbing

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

The massive log in our collective eyes!

I am a Kenyan living in the United States and find the article by Ms. Muthoni Thangwa in the July 29th edition of Daily Nation to be laughable at worst and misleading, not to mention a case of deflection at best.

 http://www.nation.co.ke/blogs/-/634/1929974/-/view/asBlogPost/-/gepjjkz/-/index.html

God knows that America has its faults. This country has a very painful and sordid history; one that it continues to deal with to this very day as evidenced by the events at the center of Ms. Thangwa’s piece. It is a past AND present whose details I delve into in my book Wuodha: My journey from Kenya to these United States. However, the one thing America; the country I have called home for the past thirty-plus years has which the likes of Muthoni and her compatriots can only intellectualize and fantasize about is a system of governance that holds people, including the president of the country, not to mention their friends and family wholly accountable for their actions. And on a slight but pertinent digression, United States of America has institutions – judiciary, legislative, police and infrastructures – roads, railways, and buildings etc. that while far from perfect, make those in Kenya the very embodiment of a banana republic!

I do not agree with the verdict on the murder of Trayvon Martin by George Zimmerman. My disagreement with the verdict is however based on emotional considerations than on legal ones.

The fact is: a young man needlessly lost their life and his killer essentially walked away scot-free! I feel more for Trayvon’s parents and friends. I don’t feel for Zimmerman’s parents or friends. At least they still get to see him – he is alive even though he will forever be haunted by the fact that he took the life of another human – Thou shalt not kill. Finally, and adding insult to injury is the afore-mentioned history of racism and Jim Crowism in America, the south (Florida) in particular that African Americans have endured over the years. I therefore get the perception this verdict has created, not only throughout the world, but even here in America. I also get how the acquittal of Mr. Zimmerman for the murder of Mr. Martin has added to the narrative the Ms. Thangwa is working with. However bone-headed, the verdict was made within the confines of the existing law(s).

Having stated the fore-going, let me also state without any equivocation that Kenyans are as hypocritical a people as I have seen and I am Kenyan! I also know that I am generalizing, the very crime Ms. Thangwa commits in her piece! I also know that two wrongs don’t make a right! To which I say “oh well!”

The same yahoos screaming about racism and bigotry in America will shamelessly hack one another to death because they are “uncircumcised” and/or from the wrong tribe! The very folks shaking their fists at America about “due process” for Trayvon are the same ones who will turn right round and tell those who disagreed with the Supreme Court verdict during the 2013 presidential elections to “accept and move on“. The very Kenyans who bloviate about “human rights for Trayvon…and the hypocrisy of America..blah, blah, blah” are the same ones who will turn right round and throw stones at the International Criminal Court (ICC) for “going after their sons”, sons who are accused of organizing over 1200 Trayvon Martins for the very reason Ms. Thangwa is accusing America of – violating the human rights of the less powerful! Maybe Muthoni can tell her readers whether the human rights of the internally-displaced people (IDPs) were violated by “our sons” as charged by the ICC. What of the rights of Robert Ouko, Tom Mboya, Pio G. Pinto, JM Kariuki?

In the 2012 US elections, there was a report of Kenyans, now naturalized American citizens who could not countenance voting for America’s first non-white president because he “…had Luo blood in him” courtesy of his father Barack Obama Sr.; the very definition of “judging someone by the color of their skin, not the content of their character!” These are the very people who will turn right round and tell those who accuse Uhuru of being the recipient of ill-gotten gains courtesy of his father Jomo “not to blame the son for the sins of the father.”

http://www.kenyan-post.com/2012/11/kikuyus-here-in-us-did-not-vote-for.html  

The very Kenyans who have no compunction about “toaring kitu kidogo” i.e. offering a small bribe or conversely asking someone seeking service to “ongea vizuru” i.e. give a bribe for said service will take to the streets to complain about “MPigs” or castigate the International Criminal Courts for “finishing off their sons and daughters”. It is this hypocrisy and double-standard that has resulted in a country and a people as synonymous with winning the Boston Marathon as it is/they are with corruption and impunity!

I challenge Kenyans, who are notoriously religious, are prone to being “born again Christian” and are religious (no pun intended) attendants of “prayer rallies” to follow the very teachings of their holy book The Bible and look at the log in their eyes before pointing out the sliver in the eyes of others!

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Filed under Corruption, Democracy, Governance - Kenya, IDPs, International Criminal Court - ICC, International Relations/Global Issues, Justice, Kenya, Law & Order, Life, Politics, Race, Racial Discrimination, Racism, The Hague, Trayvon Martin, Tribalism, Tribe

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

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