Category Archives: Law & Order

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

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

Consequences re-visted

The Wednesday August 7 inferno that destroyed the arrival terminal at Kenya’s Jomo Kenyatta International Airport (JKIA), the country’s main airport, could have been prevented if not contained had some very basic mitigants been in place and (periodically) enforced. It is a very sad commentary on a country whose nationals, especially those who support the ruling elite, have so much pride, not to mention hubris, that its “international” airport has non-functioning fire hydrants and fire-fighting equipment, untrained or poorly trained and motivated personnel not to mention fire-suppression systems that would have detected the smoke…and fire…and at least mitigated the damage…if not doused the flames once the fire started.

I will say it again:

Consequences:

Of the continued embrace of a system of governance that rewards plum positions, including directorship/leadership positions in critical organizations such as the Kenya Airports Authority (KAA) without holding said leaders fully accountable for the performance of the organizations in their charge. That the fire hydrants were reportedly not working is a direct result of lack of maintenance – the director’s job – Yes, it is the director’s job to ensure that the organization in his/her charge adheres to all applicable international and national standards including maintenance of critical systems/equipment such as fire hydrants. It is also the job of the director to ensure that the organization has adequate resources – trained manpower and well-maintained and functioning equipment to perform the assigned tasks.

Of the continued culture of “kitu kidogo”; “something small” or bribery/bribes and impunity that Kenya and her leaders are known for all over the world; a culture that has allowed the construction of infrastructure/buildings such as the airport now reduced to rubbles, roads and bridges etc. that do not meet applicable local and international standards such as installation of fire-suppression systems, availability of functioning hydrants within the premises not mention use of sub-standard building material or material whose design-intent is mitigation of common occurrences such as fires, water leaks, wear-and-tear etc. The applicable standards would have been enforced during the building inspections prior to approval and final commission of said building. Subsequent follow-up audits and inspection would have ensured that the applicable standards had been met and if not, corrective action with due-dates and responsible person(s) would have been enacted. Unfortunately, the fore-going scenarios makes two deadly assumptions: that the building inspections and follow-up audits would actually occur and that they would be executed by incorruptible officials!

Of the very culture of “kitu kidogo” and impunity that has allowed a tipping point of employees who are hired, not because they have the requisite qualifications and experience, but because they are the relative of the hiring manager (or someone above the hiring manager) or as has always been the case in Kenya, because they are from the tribe of the hiring manager and those in power! While there is nothing wrong with hiring a qualified and competent relative or even a tribesman/woman, there is something absolutely unethical if said relative or tribesman is incompetent and unethical. This situation is compounded by the hubris and arrogance reflected in expressions such as “KANU itatawala milele na milele” or “KANU will rule for ever and ever” popularized during the reign of President Moi or that “the (Kenyan) presidency will never cross the Chania River” popularized after independence during the reign of President Jomo Kenyatta.

Consequences indeed!

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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

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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Kshs. 700Million is NOT enough!

The utter shock and flabbergast over The Treasury’s request for Shs.700 million “for the purchase of building to house an office for retired President Mwai Kibaki…” is only be superseded by Mr. Francis Kimemia’s response/comment during a phone conversation with the Daily Nation on the subject. President Kenyatta’s Secretary to the Cabinet is quoted as saying that he thought the reporter “would say that the Sh700 million is too little…

Publically stating that seven hundred million shillings or $8.5 million is not sufficient to secure an “office” for an ex-president who is also one of the country’s richest men is akin to telling average and poor Kenyans to “eat cake”. If ever there was a public personality in today’s Kenya that was tone-deaf and completely clueless on the nuances of public relations not to mention the public’s perceptions, Francis Kimemia would be that individual. The man epitomizes arrogance, flippancy and poor administrative skills. The only thing more scary but would not be entirely surprising would be if Mr. Kimemia’s actions are at the behest of his boss President Uhuru Kenyatta or reflect his desires!

http://www.nation.co.ke/News/politics/MPs-reject-plan-to-buy-Sh700m-Kibaki-office–/-/1064/1887330/-/12ofmbb/-/index.html

http://www.nation.co.ke/News/Sh700-million-for-Kibakis-new-office/-/1056/1884298/-/qyiifwz/-/index.html

The Shs.700million office building proposed for the retired octogenarian is in addition to the following farewell gifts:

  1. A residence in Mweiga, Nyeri complete with an office wing; allegedly his retirement home.
    1. A petrol station courtesy of the National Oil Corporation,
    2. Four fish ponds from the Fisheries ministry,
    3. An aquarium – Huh? The four fishponds are not enouh?
    4. Two dairy cows,
    5. Four Boran bulls. As a lover of mbuzi, kondoo na kuku, I am offended that no one offered the fore-going livestock in addition to the bovines.
    6. A borehole to be sunk in Mweiga by the National Youth Service.
    7. A library to be established by University of Nairobi at the former president’s home. One wonders which home!
    8. A copy of each of the books published by the same university – in English or Swahili?
    9. 10.   And a partridge in a pear tree!! Okay this one is a joke but I could not resist.

Man things have certainly changed since the days of a golden watch, a potluck and an out-of-tune round of “for-he-is-a-jolly-good-fellow” when one retired!

Added to the fore-going list that rivals the one compiled by the Three Wise Men who travelled from the east bearing gifts for Baby Jesus, the package put forth by the Presidential Retirement Benefits Act also entitles the retired president to Sh195,000 in monthly fuel allowances or 15 per cent of his last salary of Sh1.3 million a month and a house allowance of Sh299,000, not to mention the lump sum payment of one year’s salary per term served or the equivalent of at least Sh25.2 million!

The listed cart of goodies does not even take into account the wealth Mr. Emilio Kibaki has accumulated over the years, especially after independence. The former president was among the lucky few who helped themselves to more than their share of “matundu ya uhuru” during the corrupt 60s & 70s and the sycophantic 80s and 90s when he was the MP of Bahati, Othaya, Permanent Secretary/Minister for Finance & Economic Planning and Vice President respectively.

Mr. Kibaki then spent the five (5) years between 2002-2013 as the Big Man or president who “toshad” as in “Kibaki Tosha” and was supposed to rescue Kenya from the scourge that was Daniel Arap Moi’s quarter century reign of terror. One word, albeit hyphenated and an acronym summarize Mr. Kibaki’s two terms in office: Anglo-Leasing and PEV. During his first term in office, the trained economist presided over one of the largest scandals in Kenya’s unchallenged history of corruption scandals. Anglo-Leasing, as the scandal was referred cost the country an estimated Kshs. 3billion. The scandal also touched the innermost sanctums of ‘Baba Jimmy’s” administration and tarnished his staff including very senior members such as Kiraitu Murungi, David Mwiraria and Chris Murungaru. Mr. Kibaki’s second term in office inauspiciously started off with a dusk time swearing-in ceremony attended by a posse of sycophants even as the country was erupting into tribal violence protesting the rigged election results. It is the violence after the elections of 2007 that give birth to the acronym PEV – post-election violence.

The one ray of hope to emerge from this blatant attempt at fleecing the public coffers albeit legally is the intervention of the National Assembly’s Budget Committee whose members rejected the request. I say “ray of hope” because the chairman of the Budget and Appropriations Committee Mr. Mutava Musyimi told the Treasury “to go back to the drawing board and come up with other options ‘affordable’ to the taxpayer”: A Pyrrhic victory if ever there was one because it gives Mr. Kimemia and his band of accountants and lawyers another crack at weaseling the Shs. 0.7billion from the public who already took it on the chin thanks to the first “digital” budget!

http://www.nation.co.ke/News/politics/Budget-team-rejects-Sh700m-Kibaki-office-proposal/-/1064/1886802/-/wh9ilyz/-/index.html

Even more perplexing is the fact that Mr. Kibaki, the so-called “urbane and sophisticated gentleman of Kenyan politics” and recipient of the basket of goodies has not been heard from on the propriety and probity of such lavish goods amidst the belt-tightening and poverty in the country. Similarly, his successor Mr. Kenyatta has been noticeably quiet on the subject of his predecessor’s gravy train even as his Cabinet Secretary stumbles and bumbles from one scandal to another and his Finance Minister asks Kenyans to pay Value Added Tax (VAT) Bill in his just announced 2013 budget, a bill that seeks to impose a 16 per cent tax on basic commodities including sifted maize flour, sanitary towels, newspapers, journals and periodicals, rice, wheat flour, bread, computers and computer software, and processed milk.

http://www.nation.co.ke/Features/DN2/As-food-prices-rise-brace-yourself-for-an-Unga-war/-/957860/1886176/-/5k1s1uz/-/index.html

I hate to sound like a broken record but choices have consequences and try as the jubilant supporters may, the consequences of their choice of Uhuru Kenyatta and William Ruto are fast becoming apparent and not in the most-positive of ways.

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