Tag Archives: Daniel Arap Moi

Foreign Intervention: A Necessary Evil To Prevent African Leaders From Being Successors to European Colonialists

President Uhuru Kenyatta recently told Africans and the world to “(F)orget foreign intervention, Africans are better placed to solve their own problems.” In a piece of the same heading in the Daily Nation, Mr. Kenyatta offered the assessment that the work the “founding fathers” of Africa begun is “…far from over…”

Using the tried but tired “blame-the-mzungu” meme that some in the diaspora accuse African-Americans of, the son of Kenya’s first president gave as a reason for Africa’s mediocre and erratic development, the “stiff resistance by those who benefit from a divided Africa.”

That there are those who benefit from a divided Africa is and has been a fait accompli for quite some time. However, seen within the context of the article’s heading, the president’s assertion is misleading. Penning a piece that announces that the continent’s problems are best “solved within rather than through….self-serving foreign intervention” without mentioning the many reasons why the dreams of the continent’s founding fathers lay in ruins is the height of irony and hypocrisy. Nowhere in the rather self-serving article does Mr. Kenyatta mention the many self-inflicted injuries the continent’s leaders have afflicted on the people they lead including corruption, impunity, abuse of humans, and the many isms and evils that continue to wreak havoc on Africans half a century after independence.

Mr. Kenyatta’s government recently unleashed its police force on school children who were demonstrating against a favorite Kenyan past-time originated by his own father – land-grabbing. Setting the police on schoolchildren protesting against the endemic corruption has very little to do with “foreign intervention” in the lives of Kenyans unless the foreigners being alluded to are the Singh brothers who allegedly serve as fronts for the mostly African land-grabbers.

Alfred Keter’s foul-mouthed rant heard and seen all around the world captured in no uncertain terms, the impunity with African leaders comport themselves away from prying eyes and alert ears.

Perpetration of the post-election violence of 2007 which Mr. Kenyatta was recently “acquitted” of was fomented, not by wabeberu or wakaburu:

The violence pitted Kenyans against one another – Luo against Kikuyu against Kalenjin against (fill in the blank). Civil wars pitting Africans against one another, of which the genocide in Rwanda was the worst, has been repeated with amazing regularity since independence. Indeed most of the continent’s killings (over natural resources and political power) have been instigated, indeed funded by foreigners. However, the inconvenient and uncomfortable reality is that the British, Belgians, Americans, French, Portuguese, Russians etc. would not have done so without the help of native Africans.

On a side but cautionary note, the continent’s current love-affair with China, while seemingly benign and a marriage of equals, is even more insidious and dangerous than the wars yore. Out-sourcing the continent’s economic development to a country whose record on freedom, open government and human rights is suspect and is only too willing to indulge the continent’s “big men” so long as they allow extraction of the continent’s natural resources and inflated contracts to build standard gauge railways (SGR) portends an extremely worrying development.

President Kenyatta does no one any favor when he makes lofty pronouncements such as the need for Africa to “jealously guard its sovereignty and assiduously work to secure its freedom” while his own administration moves to curtail the freedoms of those it disagrees with. The president is being disingenuous when he harps about “the exploitation by institutions” (such as the ICC) while institutions in his own government exploit and abuse citizens of Kenya as evidenced by the various unresolved extra-judicial killings and the corruption that has even seeped into his own Office of the President!

Until the continent’s leaders demonstrate a consistent ability to solve crisis in their own backyard, the calls by President Kenyatta will fall on deaf ears and provide ammo for those who decry the self-preservation decisions of the continent’s club for its “big men” – African Union (AU).

In an era of the global village where jet travel can transport the outcome of poor governance by a despot across the oceans in less time than it takes to navigate a rain-soaked Thika Highway, there is little doubt that foreign intervention will be needed in Africa for quite some time. The international community, of which the much-maligned International Criminal Court (ICC) serves as judiciary, would be remiss were it to take Mr. Kenyatta and his fellow “big men” at their word re: eliminating foreign intervention in Africa.

From confronting the Boko Haram menace in Nigeria, al-Shabaab in the Horn of Africa, Ebola and other pandemics, and the mostly West African refugees making the perilous journey across the Mediterranean, Africa has yielded several crises that have morphed into full-fledged global security concerns. A leader in Europe or America would be deemed irresponsible were they to remain passive with such threats developing from afar. Stateside, President Obama has been repeatedly excoriated for his administration’s decisions to intervene in and/or withdraw from various global hotspots. The US President has been taken to task because he allowed the lack of “good” governance in faraway lands to morph into crisis at home in America.

Let me offer a different take on the very quote Mr. Kenyatta uses in his article. A founding Pan-Africanist, Kwame Nkrumah wrote that Africans needed the strength of their combined numbers and resources to protect themselves “from the very positive dangers of returning colonialism in disguised forms.”

“Colonialism” has many variants of which the one perpetrated by the Europeans and Americans is but one. The basic mechanics of “the establishment, exploitation, maintenance, acquisition, and expansion of colony in one territory by a political power from another territory” i.e. colonialism has not changed since the “wazungu” left Africa in the 60s. In 1967, Kenyatta Pere’s nemesis Jaramogi Oginga Odinga offered the rather prescient analysis regarding the mutation of colonialism in his book “Not Yet Uhuru”.

Kenya’s first bona fide opposition leader offered the view that “Kenyans (were) still struggling to prevent (fellow) Kenyans in black skin…..from ruling as successors to the administrators of the colonial era.”

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Filed under Africa, African Union, AU, Big Men, Boko Haram, Corruption, Failed State, Foreign Intervention in Africa, Impunity, Jomo Kenyatta, Kenya

Insecurity in Kenya: The “New Normal”.

Unfortunately, the twin bomb blasts in Gikomba, coming less than a month after the attacks in Thika is the “new normal” in Kenya.

Kenya “stirred a hornets’ nest” when its forces invaded Somalia in October 2011. While folks can debate the wisdom of the invasion, I can say that it, the invasion, has combined with the endemic corruption, hubris and jingoism of the ruling Jubilee party and its supporters and the utter incompetence of the Kenyatta government to exacerbated Kenya’s insecurity and instability.

With bomb blasts occurring throughout the country with alarming frequency, a look into the country’s internal security operations recently revealed that the government allocated twenty-eight million shillings to the Anti-Terrorism Police Unit (ATPU) which is tasked with fighting Kenya’s “war on terror”. The Sh.28Million is in contrast to the Sh.150Million allocated to funding the retirement of some of the country’s wealthiest persons – former presidents Moi and Kibaki. The amount allocated to the ATPU is 43% less than the KSh.40Million allocated for the First Lady’s “hospitality supplies and services”. And in a near-corollary to Kenya’s insecurity nightmare, Mr. Kenyatta just authorized payment of Sh.1.4Billion to yet-to-be named persons for yet-to-be-delivered national security goods and services!

In the midst of the last attacks about three weeks ago, Mr. Kenyatta made an “official trip” to Nigeria where he inked business deals with a Nigerian government also fighting its own battle with the extremist outfit Boko Haram. The symbolism of the Kenyan president hob-knobbing with his Nigerian counterpart even as their two countries face relentless attacks should have sent their respective PR departments running for cover out of embarrassment.

Equally curious were the pronouncements by Mr. Karanja Kibicho less than twenty-four hours before the Gikomba attacks. Speaking in response to the travel advisories issued by the US and UK, the Foreign Affairs Principal Secretary asserted that “issuance of…travel advisories only play to the whims of bad elements in the society whose aim is to spread fear and panic among otherwise peaceful people.” Mr. Kibicho went on to say that “visitors are assured to (sic) utmost security and safety when in Kenya.”

Finally, I wrote in a previous piece that corruption will continue to be a major contributing factor in the on-going spate of violence in Kenya. As an example, I cited issuance of national IDs and passports to non-Kenyans by corrupt bureaucrats. Like others have also written, I pointed out the tendency of Kenya’s police of entering vehicles that have been stopped ostensibly for traffic infractions. The officers do this to hide the exchange of “kitu kidogo” away from the public; an act that was partly responsible for the blast in Pangani that took four lives – two policemen and the two persons in the car that had been stopped.

The fight against extremism requires a big stick AND a carrot; lots of carrots!

Having executed the former with limited success, the Kenyan government needs to bring out the carrots. Included in the carrot category would be the symbolic actions of Mr. Kenyatta’s and members of his government.

To wit: leaving the country shortly after an attack may project an image of “business-as-usual”. It can also create the impression that he, the president, does not care about the afflicted or the insecurity wreaking havoc in the country he swore to serve and to protect. If I were advising the president, I would tell him to act “engaged” and “concerned” especially after any tragedy. As much as I think former New York Mayor Rudy Giuliani has over-milked his stewardship of New York after 9/11, Mr. Kenyatta should borrow a page from the former mayor’s performance after the attacks on the Twin Towers. Mr. Giuliani basically wrote the book on the conduct of elected officials after tragedies. A visit to the sight of the attack AND with the injured shortly after the attacks would convey both engagement and empathy – a “today we are all Kenyan” image.

Official pronouncements should be coherent, coordinated and rooted in reality. Talking tough and thumping one’s chest while getting your head literally handed to you is embarrassing. Announcing that “all is under control” only to have an attack happen within 24 hours of said assurance would be grounds for immediate termination of the “announcee” in most countries.

Incoherent and disjointed public pronouncements by Jubilee appointees Kibicho, Ole Lenku, Kimaiyo and the president himself continue to diminish his government’s already non-existent credibility.

Additionally, there is nothing wrong with asking for help from those who have experienced what one is going through. Mr. Kenyatta should ask Mr. Goodluck Jonathan. Had his Nigerian government swallowed its pride and asked the international community for help immediately after the 200+ schoolgirls were kidnapped by Boko Haram, who knows what the outcome to the tragedy would have been? As it currently stands 30+ days after the attack, any evidence and traces of the girls’ whereabouts have pretty much dissipated.

Budgetary breakdowns illustrate a country’s priorities and have consequences. Allocating almost 500% more money to fund the retirements of the ridiculously wealthy ex-presidents Moi and Kibaki than to the outfit at “the tip of the spear” in the country’s fight against extremism sends the wrong message to all including the terrorists. The fight against extremism and the perpetrators of death and destruction should be funded with a budget commensurate with the problem. I would be curious to see how much money the travel advisories issued by America and Gt. Britain among others cost Kenya’s tourism industry.

Mr. Kenyatta has said that those carrying out the attacks want to divide Kenyans along religious lines. In the wake of the attacks in Thika, allegedly perpetrated by Luo and Kamba attackers, some have also argued that said attackers want to divide Kenya along tribal lines. I won’t deign to understand what motivates some to cause wanton death and destruction on unsuspecting fellow humans. What I do know is that the aim of terrorism is to spread fear among the public.

Mr. Kenyatta and his government need to reassure the increasingly jittery Kenyan public that they can deal effectively with the scourge that is terrorism and extremism before it is too late.

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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

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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Filed under 2013 Presidential Elections, Corruption, Democracy, Elections, Governance - Kenya, Kenya, Law & Order, Politics

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

Choices DO have consequences: Corruption, Impunity and Hubris!

I have just finished reading the article titled Tanzania port project a big threat to Kenya’s economy in the June 2 issue of Daily Nation and concluded that the article is further evidence that Kenya’s future will continue to suffer due to the triple threat of corruption, impunity and hubris; threats that go hand in hand in a circular flow where one feeds the other and creates momentum, while periodically stalled, has continued unabated since the Brits “left” the country in 1963.

http://www.nation.co.ke/oped/Opinion/Tanzania-port-project-a-big-threat-to-Kenyas-economy/-/440808/1869420/-/gpa2ij/-/index.html

The story of Kenya’s culture of “kitu kidogo” is legendary and well documented most recently in the book Wuodha: My journey from Kenya to these United States and in the just-released Truth, Justice and Reconciliation Commission (TJRC) Report. The latter a comprehensive and detailed accounting of the country’s sordid past, perpetrated mainly by and/or at the behest of the country’s presidents – Kenyatta Pere, Arap Moi and to a lesser extent, Mwai Kibaki.

Speaking from personal experience, corruption at the port of Mombasa when one is trying to release shipment of goods from overseas not only deprives the government of the much-needed revenue, it frustrates well-meaning, industrious and entrepreneurial individuals including non-Kenyans who are not only bringing in the material and revenue, but may also want to start businesses that may in turn create jobs the country so desperately needs. While trying to clear an automobile I had imported from Japan back in 1998, I dealt with some of the rudest, most incompetent and corrupt individuals I have ever met at the Kenya Ports Authority (KPA) office in Mombasa and from all accounts, the problems persist to this day! I paid kshs. 5000, (~$72 at the prevailing exchange rate) to three different employees at the KPA, all who refused to process my shipment and clearance documentation because, and I quote: My shipping documentation was missing some very important pages. Customer service representatives at the Japanese company I bought the car from were insistent that they had sent all the paperwork related to shipment of the vehicle and given my experience with Japanese quality control, I did not doubt their claim. Finally after three days of epic frustration and wasted vacation time trying to track down the “missing pages”, I hired a “clearing agent” who laughed as he explained to me that the “missing pages” were the shilling notes the port employees were used to finding surreptitiously slipped between the paperwork they were paid to review and process! As if being fleeced by the good folks at the KPA was not enough, the “agent”, a friend from high school friend, disappeared after I had paid him his fees leaving me to navigate the meandering maze that was the clearing process at KPA! I finally cleared the car through customs exactly two weeks and almost 0.4million shillings later!

The notion that Kenya has done well despite lacking the natural resources abundant in the neighboring countries is a feeble attempt at the tried and true we may be corrupt but we are not as corrupt as Nigeria nor as dysfunctional as Somalia feel-good meme most Kenyans resort to every time someone has pointed out the country’s endemic corruption and dysfunctional government/polity. In a sobering reality-check, the article by Murithi Mutiga compares Kenya to Singapore, a country that like Kenya does not have much arable land and almost no minerals but with a standard of living that is light years ahead courtesy of leadership that has been ruthlessly intolerant of corruption! Additionally, one just has to look at the impact of the corruption caused by the coffee boom of the late 70s and by the elephant poaching that peaked at the same time to get a glimpse of what would happen if a country already reeling from wanton corruption had more natural resources! Countless human lives were disrupted and lost to the ensuing violence and greed as Kenyans, led by their leaders partook in the orgy of “magendo” or coffee smuggling. Similarly, the elephant population of the country was almost wiped out by poaching that reportedly benefitted the current president’s mother! The scale and scope of corruption in Kenya continues to be possible because the country’s past three presidents – Kenyatta Pere, Arap Moi and Mwai Kibaki – have actively engaged in and condoned the behavior. Friends and families of the 3 presidents have then followed their lead or as characterized during the presidency of Daniel Arap Moi, “fuatad nyayo” without shame or fear of prosecution. Finally, the public sensing the opportunity and not wanting to be left behind in the relentless pursuit of “mbesha” also engorged at the trough and the culture of “something small” or “kitu kidogo”.

The country’s history of single-party rule, centralized decision-making and strong almost imperial presidencies has exacerbated the intensity of corruption. The idea of co-equal branches of government – executive, legislative and judiciary – was just that – an idea that has not really existed. Kenya’s presidents ruled with near-dictatorial power and total control of ALL instruments of power. Kenyatta Pere, Moi and Kibaki had their sycophants and/or relatives head the various institutions/branches of government designed to check the power of the executive. They also controlled the country’s law enforcement and security apparatus; a concept that is not unusual if the organizations are used to protect and serve the citizenry. To the contrary, Kenya’s security and law enforcement apparatus have been used to strike fear in the hearts of and murder its citizenry even as the level of insecurity and violence in the country has risen unabated.

The Greek concept of hubris, a seemingly abstract and esoteric has been on full display since Kenya obtained its independence in 1963. Kenya’s ruling class, their families and friends, not to mention their well-heeled supporters have comported themselves with pride and arrogance that is astonishing. The arrogance and flippancy is embodied in the recent and popular expression “Move On”. The expression has been used by supporters of the victorious Jubilee Coalition to urge, more like gloat at those in the opposition, mainly CORD and its supporters to accept the verdict of the Supreme Court of Kenya that awarded the 2013 presidential elections to Uhuru Kenyatta and William Ruto and “move on” with their lives. From the assassination of those who fell out of favor with the powers that be – Pio Gama Pinto, Tom Mboya, JM Kariuki, Robert Ouko – to the brutal death of the hundreds and thousands felled by violence such as the Wagalla Massacre, the post-election violence of 2007 and the recent clashes in the Tana Delta reportedly fomented by those seeking to maintain their hold on power. From the massive poaching of Kenya’s elephants and pillaging of its other resources as evidenced by the Goldenberg and Anglo-leasing scandals, the country has “moved on” or lurched from one scandal to the next and one tragedy to the next in a paroxysmal waste of its energy and resources while imbuing the perpetrators of said events with hubris and impunity unrivaled since the days of Meidias, a wealthy and well-connected Athenian, in 348BC. The orator and statesman Demosthenes, in an assault case against Meidias, argued that a democracy’s (Athens) viability and that of the institutions therein is imperiled when the wealthy and well-connected undermine the rule of law, by assaulting others (bodily and property) without suffering the consequences. Kenya’s past is littered with examples of the wealthy and well-connected absolutely undermining the rule of law by plundering public resources and murdering opponents without being held accountable by democratic institutions designed to do that.

Kenya is now faced with challenges that it seems unable to deal with, the New Constitution and euphoria of the peaceful elections notwithstanding. One of the very basic challenges facing it is the insecurity that is rocking various parts of the country. Members of the public are now emulating their leaders and taking the law into their hands while circumventing due process. Frustrated citizens now mete out swift “justice” on suspected criminals. As recent as May 31, 2013, three suspected gangsters linked to a wave of insecurity and violence in Kiminini, Trans Nzoia were accosted by the public as they were being transported to the police station and set ablaze. One witness was quoted as saying that “they decided to lynch the three because they had lost faith in the judicial system.” These incidents are being repeated with alarming regularity throughout the country.

http://www.nation.co.ke/News/-/1056/1868914/-/w4jbc7z/-/index.html

Similarly, beyond the quest for security is the quest for an end to impunity as evidenced by the actions of the villagers of Timboni village who “set ablaze four posh houses worth millions of shillings, claiming they were owned by drug barons.” According to newspaper reports, “the more than 1,500 angry residents gathered at a local mosque for afternoon prayers before descending on the four houses.” A spokesman “vowed that the residents would burn more buildings they believed were built with proceeds from the sale of drugs and lynch the owners because they “were frustrated by an unjust system in which corruption had led to the drug lords buying their freedom from police cells and local courts whenever they are arrested.”

http://www.nation.co.ke/News/-/1056/526270/-/u1wkcl/-/index.html

The contention that the fore-going incidents are anomalies and not reflective of the country is belied by the portmanteau “Nairobbery”; a combination of the words “Nairobi” and “robbery” and macabre ode to the “city in the sun’s” never-ending incidents of carjackings, armed robberies and violent assaults. The name “Nairobbery” is now a fixture in the Urban Dictionary and a term used by the respectable magazine Economist!

http://www.urbandictionary.com/define.php?term=Nairobbery
http://www.economist.com/node/1276783

One can imagine the country shaking its collective head and similarly having a hearty collective laugh at the rich irony depicted by the picture of the chairman of the Truth, Justice and Reconciliation Commission (TJRC) Mr. Bethuel Kiplagat handing the commission’s final report to Mr. Uhuru Kenyatta. To begin with, the commission recommended that Mr. Kiplagat be investigated for complicity in the Wagalla Massacre of 1984, the murder of Robert Ouko and the comparatively pedestrian charge of land-grabbing! Mr. Kiplagat was handing the report to President Uhuru Kenyatta whose father Jomo was singled out, also by the commission, for engaging in massive land-grabbing schemes, crimes against humanity including the torture and murder of political opponents Pio Gama Pinto and Tom Mboya while simultaneously sending Kenya on its spiral towards the abyss of tribalism and tribal politics; a tactic he learned from the very “foreigners” he was castigating in the run-up to the country’s independence in 1963! And in the very essence of the maxims the fruit does not fall far from the tree and the one about those who refuse to learn from history, the recipient of the report, Kenyatta Son is now facing his own charges of crimes against humanity having been accused of fomenting the post-election violence of 2007 by none other than the very “foreigners” who taught his father to “divide-and-conquer” Kenya along tribal lines!

Unfortunately for Kenyatta Son but equally fortunate for the victims of those previously exempted from punishment for criminal acts, the impunity Kenyatta Pere enjoyed in the 60s and 70s went the way of the dodo as the internet beamed pictures of the violence and carnage wrought by tribal violence in 2007. Those ghastly images reminded an international community still remorseful because of its inaction in Rwanda of its collective responsibility to protect the weak and powerless within. Mr. Uhuru and his deputy are having to answer charges of crimes against humanity at The Hague, the embodiment of the very foreign institutions his father railed against!

http://www.nation.co.ke/News/politics/The-past-returns-to-haunt-Kiplagat/-/1064/1860186/-/fm7sg5z/-/index.html

Given the fore-going, is it any wonder that Kenya’s landlocked regional neighbors – Burundi, Malawi, Rwanda, Uganda, Sudan and S. Sudan – are actively seeking to re-direct their shipments to Dar-es-Salaam, Bagamoyo and Djibouti away from the corrupt and inefficient KPA-run port of Mombasa? With a Transparency International 2012 Corruption Perception Index (CPI) rating of 35 (100 being Zero Corruption) and a global ranking of 102 (out of 176 countries surveyed), Tanzania, Kenya’s “socialist” neighbor to the south is ahead of Mozambique, the other sea-faring country along the eastern coast of Africa with a CPI rating of 31 and ranking of 123 as an alternate gateway to the afore-mentioned landlocked countries. Similarly, Djibouti with a CPI of 36 and a global ranking of 94 is siphoning off business from Ethiopia, Sudan and S. Sudan respectively.

Yes indeed, choices DO have consequences!

For the record, Somalia’s CPI ranking was 174, Eriteria was 150 and Kenya was ranked 139 – the bottom three countries in the eastern part of the continent. Somalia is the poster-child and definition of a failed state. Eriteria gained its independence twenty years ago in 1993. Kenya celebrated its 50th Anniversary of self-rule also known as Madaraka Day on June 1, 2013 – two days before this piece was published!

http://cpi.transparency.org/cpi2012/results/

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