Tag Archives: Bribery

People In Glass Houses…

I have just finished reading Ms. Rasna Warah’s piece titled How American governments and corporations colonised oil-rich stateshttp://www.nation.co.ke/oped/Opinion/How-American-governments-colonised-oil-rich-states/-/440808/1850318/-/eo9yfxz/-/index.html – and could not resist creating an anagram as follows:

I replaced the words “American governments and corporations” from Ms. Warah’s article with the words “Kenya’s leaders and politically-connected elites”. I then replaced her term “oil-rich states” with my term “country’s wealth and resources” to formulate the title of my piece: How Kenya’s leaders and politically-connected elites colonized the country’s wealth and resources.

The similarities between how America and Kenya co-opted, bullied and in some cases eliminated opposition in their unrelenting quest for economic resources is uncanny and very eerie! The former (America) executed its “economic hits” in faraway locales; mostly 2nd and 3rd world countries against the Arabs, Latin Americans, Indonesians and Africans. The latter (Kenya) executed its ruthless plunder within its borders, primarily against Kenyans!  Exposing the looting and accumulation of Kenya’s resources by its politically-connected elites should be the unyielding focus of Ms. Warah and her peers (journalists and opinion-makers). That Kenyan taxpayers are just about to shell out over kshs. 4billion to one Kamlesh Pattni of the Goldenberg scandal fame is confirmation that the country and its leaders are yet to effectively deal with the tri-problems of corruption, political patronage and impunity.

The good book, also known as The Holy Bible writes, and I paraphrase: “Let s/he without sin cast the first stone.” A different version of the fore-going verse states: “Why look at the sliver in your brother’s eyes when there is a log in yours?” As a country, we have lulled ourselves into complacency and the belief that “we may be corrupt, but we are not as corrupt as Nigeria!” Kenyans have bought into the analysis that their country is “an oasis of peace and tranquility in the midst of failed states and dictatorial regimes.” I would argue that Ms. Warah’s article, continuing the fore-going meme, is a red herring: A disingenuous diversion from the evils perpetrated by Kenyan leaders against the very people they are sworn to serve and protect. In my opinion, the focus should be on how Kenya’s leaders and its populace have failed to put “their house in order” by learning from (a) their history and (b) the trajectory of other countries, including America, before casting aspersions (on others)! If the intent of Ms. Warah’s piece is to caution Kenya and her leaders against embarking on the path charted by America and her leaders in their never-ending search for resources, then it is not as clearly stated as I believe it should have been; coming at the very end of the piece albeit shrouded in cautions, not against the corruption and impunity of Kenyan leaders, but against the “imperial ambitions” of the “powerful Chinese government.”

Let me insert a line that has become a standard repartee in my postings given some of the responses I have received: I am neither an apologist for, nor do I blindly sing the praises of the “great satan” America. I am not a “runaway Kenyan” as someone recently called me! My history of calling out America’s sordid past and her hypocrisy is well-documented not only in previous postings, but in my self-published memoir Wuodha: My journey from Kenya to these United Stateshttp://www.friesenpress.com/bookstore – self-published because I can already see comments alluding to my works as being “funded by wazungu” as has befallen the likes of Maina Kiai, Prof. Makau, J. Githongo and others who have chosen not to “move on!” As for being a “runaway Kenyan,” I don’t even know what means and efforts to get clarification from the purveyor of that characterization are yet to bear any results – the originator having gone silent – inexplicably – after beginning the exchange with gusto!

I have a copy of Mr. Perkins’s book and I do agree with Ms. Warah: It is indeed a riveting read and does capture the insidious nature and treachery of the US government. A great accompanying read for Mr. Perkins’ book would be Ms. Amy Chua’s World on Fire: How Exporting Free Market Democracy Breeds Ethnic Hatred and Global Instability. I also have a copy of Michela Wrong’s It Is Our Turn To Eat: The Story of a Kenyan Whistle-blower co-written with former head of Kenya Anti-Corruption Commission (KACC) Mr. John Githongo. Additionally, I have copies of the following must-read books documenting the insidiousness and treachery of Kenya’s leaders: The Risk Of Knowledge: Investigation into the death of Robert Ouko by William Cohen and E.S. Atieno Odhiambo, Kenya: Between Hope and Despair, 1963-2011 by Daniel Branch and Kenya: A History since Independence by Charles Hornsby  Finally, let me also direct those interested in preventing Kenya’s leaders from emulating the American leaders whose policies are described in Mr. Perkin’s book to the Kroll Report on Corruption in Kenya (http://wikileaks.org/wiki/KTM_report.pdf, the report by Waki Commission (http://humansecuritygateway.com/documents/WAKI_Kenya_Post-ElectionViolenceReport.pdf) and finally, the Akiwumi Report (http://www.hrw.org/news/2002/10/31/kenya-report-politicians-fueled-ethnic-violence)

The very evil Ms. Warah (and Mr. Perkin) accuse American leaders of perpetrating in pursuit of the country’s interests are the very evil perpetrated by Kenya’s leaders since independence, some would argue in pursuit of selfish/personal interests. I would also argue that the one difference between illegal activities by past American leaders and illegal activities by Kenyan leaders is that the latter conduct their nefarious acts with impunity that is near-total, in broad day light AND with the acquiescence of the very institutions designed to check and balance one another! Mr. Kamlesh Pattni, a friend of Kenya’s rich and powerful has just been cleared of any wrong-doing by the High Court even though the evidence that he master-minded the Goldenberg scheme that cost the country over kshs. 5billion and almost brought down its economy is overwhelming! And as mentioned above, in an act akin to rubbing pepper onto an open wound, said Mr. Pattni is set to pocket Sh4.2 billion if the ruling of Ghanaian judge Edward Torgbor on the matter of Kenya Airport Authority (KAA) vs. Kenya Duty Free (KDA) stands! Like they say stateside: The guy Pattni has huevos!

http://www.nation.co.ke/News/Not-again-Pattnis-new-Sh4bn-scandal/-/1056/1849756/-/14axo7az/-/index.html

Using information from the books and reports referenced above, one can offer a point-by-point listing of actions by Kenya’s leaders that mirror the actions of American policy makers that are described in Mr. Perkins’ book. From the grabbing of land; an issue at the center of the post-election violence referenced in Mr. Waki’s report to the assassination of J.M. Kariuki and R. Ouko, allegedly because the two were privy to corruption at the highest level of the Kenyan government – ivory poaching and kickbacks related to revitalization of the molasses plant (in Kisumu) respectively – not to mention the practise of inflating, then skimming off monies from government contracts and World Bank/IMF loans, Kenya’s post-independent leaders have plundered the resources of the country since they took over from another plunderer – the British – with the same impunity that Ms. Warah accuses US policymakers of! Kenya’s leaders have lied to and manipulated international donor organizations who then gave them loans/financial aid, ostensibly for the country, that were then skimmed into personal accounts and the balance used to buy political support thereby prolonging their stay in power! The foregoing behavior of Kenya’s leadership compares point-for-point with that of the “evil” USA in their relationship with the leaders and countries of Latin/South America or Asia!

The same conclusion arrived at by Ms. Warah applies in either situation. To paraphrase Ms. Rasna Warah: American/Kenyan leaders not only got the contracts/loans for the projects, they also ensured that these proceeds from the (host) countries and lending institutions were used to serve their selfish economic and political interests.

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Filed under Corruption, Democracy, Governance - Kenya, International Relations/Global Issues, Justice, Kenya, Politics

Where there is smoke…..

For a man who was once an esteemed and invaluable member of Kenya’s now-ostracized civic society, Chief Justice Dr. Willy Mutunga is beginning to sound like the very sycophants he valiantly fought against back in the days as a student activist and founding member of the University Staff Union (USU) at the University of Nairobi. The Chief Justice’s tendency to respond, publicly and near-instinctively, to nearly every social media commentary by every Otieno, Kamau, Ole Mpaso, Makau, Mbela and Omwami – my Kenyan equivalent of every Tom, Dick and Harry – is not only beneath his office (of Chief Justice), it is also very telling.

http://www.nation.co.ke/News/CJ-Mutunga-denies-bribery-claims-during-Railas-petition/-/1056/1761342/-/7h5e2g/-/index.html

I am surprised that Mr. Mutunga does not have a “thicker” skin or that he did not see this onslaught of criticism coming in the wake of the ruling on the just-concluded petition filed by Coalition on Reform and Democracy (CORD). Add to the ruling which effectively dismayed and alienated if not out rightly angered approximately 50% of the voters, the manner in which the ruling was arrived at and delivered to the eager public and the apparent tone-deafness of the Chief Justice of Kenya’s Supreme Court is actually very disturbing! In a previous article titled Be Sage; Push for The Hague, that argued for keeping the proceedings for the charges facing Mr. Kenyatta and his deputy Mr. Ruto at The Hague instead of moving them to Kenya, I wrote that “I do not put it past the richest man in the country indeed one of the richest in Africa, Mr. Kenyatta, to use his family’s considerable wealth to buy the acquiescence of the Kenyan Supreme Court ergo his outright freedom or considerable reduction in repercussions stemming from the charges.”

https://thetwoninetyonetracker.com/2013/04/14/be-a-sage-push-for-the-hague/

In light of the allegations the CJ is pining about; it is not far-fetched to amend the foregoing quote to read thus: I do not put it past Mr. Kenyatta to use his family’s considerable wealth to pay the justices of the Supreme Court, including Mr. Mutunga, to rule in his favor in the petition filed by CORD! Frankly it was a thought I had while writing the preceding article on the proceedings at The Hague but did not want to come across as a conspiracy theorist extraordinaire!

Why would the allegation that the CJ was bribed by a yet-to-be-named source cause someone who presumably defended a doctoral thesis and is described by Wikipedia as an “intellectual, reform activist” cause him, Mr. Mutunga, “anguish?”
Regarding the CJ’s hand-wringing, the saying “where there is smoke, there is fire” comes to mind. So does Ogbuefi Idigo’s line “a toad does not run in the daytime for nothing” from author Chinua Achebe’s masterpiece Things Fall Apart (Page 20).

Frankly the CJ’s behavior over the past four weeks do not square up with the behavior of someone who famously told the Judicial Service Commission that he wears an ear ring not because of his sexuality but because of his spirituality. The then-candidate for the position of Chief Justice added that there is no way he can remove the ear ring even if he becomes the Chief Justice: He then concluded by saying that if he was told to remove said ring as a condition for getting the job of Chief Justice, he would tell the panel to “keep the job.”

http://mobile.nation.co.ke/Why-former-detainee-won-race-for-CJ/-/1292/1162218/-/format/xhtml/item/3/-/9xwjqk/-/index.html

This may sound a tad harsh, but Mr. Mutunga is acting like a man whose conscience is troubled! The CJ’s claim that he was “most hurt” by the allegation that he had been bribed during the Presidential Petition is, for lack of a better word, lame; definitely not commensurate with the weight of his position! For a man who heads the third co-equal branch of government; to wit access to the investigative muscle of said institution – the Judiciary – the claim that he “did not know where to turn”, presumably when the allegations that he was bribed surfaced, is equally unbecoming of a man who stared down the Head of Public Service Mr. Francis Kimemia when he was barred from boarding a flight and travelling to Dar-es-Salaam until he got a clearance letter from his (Mr. Kimemia’s) office!

http://www.standardmedia.co.ke/?articleID=2000077802

Memo to Mr. CJ:

Life is not fair; just ask Raila Odinga! The vitriol and criticism, indeed the hate spewed by all sides of Kenya’s political divide, especially in the CJ’s favorite medium – cyberspace – comes with the office. It is also part of the vibrant and open (democratic) society you and the likes of Maina Kiai and Makau Mutua fought for; suffered for!

The churlish reaction of the York University’s Osgood Hall Law School Doctorate of Law grad to the allegations of bribery – that his office has “been the target of attacks, slander, libel and outright indecent, vulgar and unacceptable abuses,” especially in the social media belies the CJ’s constant, repeated and I would argue, savvy use of the same (social) media to make proclamations, including announcing the single most important ruling of his court – the decision on the Presidential Petition! Can you say TOUCHE?

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