Category Archives: Land-grabbing

The Ruai Land-grab: Comeuppance of Hubris Or Jubilee’s Circular Firing Squad?

It is fascinating and instructive to watch the on-going high-tech lynching of Uhuru Kenyatta’s deputy and one-time “brother” William Ruto. It is fascinating because it underscores how duplicitous even a supposedly “God-chosen leader” can be. This full-throated assault on the Deputy President’s (DP’s) character by the Uhuru-wing of the ruling Jubilee coalition is intended to damage, ideally mortally, the (2022) presidential aspirations of the man singularly responsible for saving the two former crimes-against-humanity suspects from conviction at The Hague.

The onslaught against Ruto is instructive because it explains why competition for Kenya’s presidency remains a dangerous affair.

Lest I am accused of condoning theft or misappropriation of public property, let me be categorical from the get-go: William Samoei Ruto’s time in the public eye going back to his Youth for KANU (YK ’92) days remains a dodgy and downright tawdry affair. The man’s dodginess only got worse once he became Kenya’s Deputy President and Uhuru Kenyatta’s No.2. Not only did Ruto’s pace of wealth accumulation and self-dealing rival that of his boss’ family, comported himself with an arrogance and hubris that remains absolutely galling – especially to his detractors. The DP stepped on so many toes that the schadenfreude now surrounding his on-going legal and political trials and tribulations was a long time coming.

The harsh reality is that Ruto’s usefulness to Uhuru Kenyatta expired in 2015 after the ICC’s Chief Prosecutor Fatou Bensouda withdrew the crimes-against-humanity charges – first against Uhuru and subsequently against Ruto. Before that, the two halves of the incumbent Jubilee Party – Uhuru Kenyatta’s The National Alliance (TNA) and William Ruto’s United Republican Party (URP) – held fast to their reported “Gentleman’s Agreement” to share the spoils of their 2013 electoral victory. Not surprising, this agreement had a rich history going back to Kenya’s attainment of independence when the likes of Bildad Kaggai were mocked for refusing to partake in “eating matunda ya uhuru”. Said history, combined with the duo’s desperate need to thwart the charges at The Hague, blinded those now baying for Ruto’s political scalp of his unbridled greed; all except supporters of the National Super Alliance (NASA) opposition party.

William Ruto’s fate was sealed after he, along with Uhuru Kenyatta, “won” the 2017 “Elections.” Suddenly, the man became the poster child for all that was corrupt and unseemly about the ruling coalition.

It is also this turn of events that I totally reject.

Painting Ruto’s rapacity as unique to his person or unusual in Kenya’s body politics is laughable and disingenuous. It is also dangerous for the long-term viability of Kenya – as a stable and mature democracy – not to mention her fight against grand corruption.

To be clear, humans are corrupt and greedy – some more than the others – and Kenya’s reputation as a cesspool of corruption and greed has garnered the country as much fame (and notoriety) as its world-conquering distance runners.

Land-grabbing and wealth accumulation, including via use of public office, is not unique to William Ruto nor is the speed with which he acted to attain either. This is particularly true when his exploits are viewed alongside the history of land-grabbing and wealth accumulation by Kenyan politicians shortly after independence. On this claim, Joe Khamisi’s “Looters and Grabbers” is my go-to compendium.

The on-going verbal and cyber-lynching of the man by the likes of David Murathe, Francis Atwoli, and their merry band of keyboard warriors is hypocritical and convenient as are his legal woes. The latter also exposes the malleability and politicization of Kenya’s legal system.

This latest iteration of Kenya’s war against corruption has been weaponized – against William Ruto.

If this were not the case, other high profile Kenyans who have also been implicated in the theft or abuse of public funds including billions from the National Youth Service (NYS) and from Afya House (Ministry of Health) would be receiving the same intensity of scrutiny and pressure that William Ruto and his acolytes face on a near-daily basis. This is not the case and in the recent re-possession of a 1,600-acre piece of land in Ruai allegedly belonging to the DP and his associates, fair-minded Kenyans can see what biased prosecutorial prerogative or discretion looks like. Any leader committed to fighting corruption and impunity would impress upon their Justice Department and in Kenya’s case, the Director of Public Prosecution (DPP), the importance of avoiding even the appearance of partiality, bias, or favoritism. Thus far, DPP Noordin Haji’s office appears to have his prosecutorial crosshairs trained solely on DP William Ruto’s transgressions. The DPP’s fixation on Ruto belies the fact that documentation and million-shilling-commission reports going back decades detail transgressions far worse than the ones Ruto is accused of perpetrating and whose collective values dwarf by orders of magnitude, the amount he is accused of or implicated in skiving from the public coffers.

(On a side but related note, last I checked, Kenya does not have a statute of limitation regarding investigating and prosecuting grabbed public lands and resources.)

This selective prosecution of wrongdoing explains why the race for Kenya’s top job and literal control of the scales of justice remains a uniquely deadly affair: The use of political office to prosecute opponents, real or perceived, is very real as is the fear of being on the receiving end of that abuse of power. William Ruto’s enemies are using their superior political and economic power to stymie his efforts to succeed Uhuru Kenyatta. They are doing this because they are afraid of what a President William Ruto will do, not to Kenya, but to them.

The way I see it, short of a “Come-to-Jesus” moment regarding high-level corruption in Kenya and an opening up of its body politics beyond the usual suspects, the on-going troubles of the Deputy President sets the stage for what Macharia Gaitho described as “violent internal spasms,” a circular firing squad within a Jubilee Party whose matching white-shirt-&-red-tie-wearing “digital duo” were supposed to rule Kenya, one after the other, well into the 3rd Decade of the 21st Century.

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Filed under Corruption, International Criminal Court - ICC, Kenya, Land, Land-grabbing, Law & Order, Ruai, Uhuru Kenyatta, William Ruto

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