Tag Archives: Director of Public Prosecutions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

RECONCILE, I command thee!!

If you ever wondered why some Kenyans were baying “don’t be vague….” in the wake of the post-election violence of 2007 or why the country is considered a “failed state”, then the Evans Kidero-Rachel Shebesh saga is Exhibit A. The 3-month saga is symbolic of a judicial institution that appears completely malleable when confronted with cases involving powerful and well-connected personalities.

The governor of Nairobi Mr. Evans Kidero is caught on a September 6, 2013 video assaulting the Nairobi women’s representative Ms. Rachel Shebesh. The Director of Public Prosecutions (DPP) Mr. Keriako Tobiko, supposedly investigates, make that “peruses” the case files and eventually orders both the governor and the representative to be charged with assault and creating disturbance respectively. Fast-forward 2-3days after the DPP’s “order” and we have an entirely different “order”. This latest one has High Court Justice Isaac Lenaola blocking the public prosecutor from pursuing the charges against the two even as he (Mr. Lenaola) orders the warring parties to report back to him within 13 days!

Come again?
http://www.nation.co.ke/news/Kidero-Shebesh-charges-dpp-keriako-tobiko-court/-/1056/2133132/-/skm63n/-/index.html
http://www.nation.co.ke/news/DPP-Keriako-Tobiko-Evans-Kidero-Rachel-Shebesh/-/1056/2131064/-/2rlcikz/-/index.html
I am hoping that Mr. Lenaoloa’s ruling on the matter is within the purview of his docket which would then beg the larger question: Why did the DPP proceed with filing the case if he knew that a high court judge could block the case and offer a completely different remedy? For the record, I will come out and say that I will not be surprised if the judge acted outside the scope of his office.

The fact is Mr. Kidero and Ms. Shebesh both comported themselves in a manner unbecoming of persons in the public eye. It is one thing to protest against a ruling or policy one disagrees with as the latter was supposedly doing when she led aggrieved Nairobi City County workers to Dr. Kidero’s office where they proceeded to demand better pay. It is another thing to violate someone’s personal space, let alone assault them as Ms. Shebesh allegedly did when she “hit” the governor in the groin; an alleged assault that earned Mme. Rachel the “slap seen around the world” courtesy of Steve Chen, Chad Hurley and Jawed Karim.
http://www.nation.co.ke/news/Kidero-you-slapped-me-cries-Shebesh/-/1056/1982610/-/4a1m39/-/index.html
So after a 3month investigation, the DPP orders Mr. Ndegwa Muhoro, the Directorate of Criminal Investigations boss, to proceed with charges against the 2 and in approximately seventy-two hours, the DPP’s investigation and order is trashed; reduced to a judge’s command that Ms. Shebesh and Dr. Kidero basically “kiss and make up”! It is this flippancy and pliability of Kenya’s legal system when it comes to dealing with cases involving powerful and well-connected personalities that prompted the country’s legislatures (MPs) and a majority of the public (at the time) to call for the current president and his deputy to be tried at The Hague instead of at Milimani for allegedly organizing and financing the PEV-2007. It is also this bipolar characteristic of Kenya’s judicial process that makes some of us, me included, push for external oversight in high profile cases even as we/I acknowledge that the country does indeed have the legal brains to try said cases. Sadly though, Kenya, indeed Kenyans do not appear to have the political will/courage to compel their institutions to hold accountable the likes of Kidero and Shebesh and if necessary, the president and his deputy.

I would argue that had the altercation between the governor and the representative not made it to the DPP’s office for further investigation, then maybe the judge’s order for the two to reconcile would have been appropriate. The problem for all involved was the pesky YouTube video that captured the incident; a video that has already been viewed over 330,000 times on the Nation TV (NTV) website while the closest rival video titled “Married women turn to Prostitution” has under 198,000 views! Put another way, Mr. Kidero was seen (?), definitely heard slapping Ms. Shebesh; who for her part was heard (?) exclaiming “Kidero you slapped me?” Compounding the video evidence of the “personal challenge” facing the two combatants, the governor in particular, was the location of the pam (Luo for slap). Mr. Kidero is seen slapping Ms. Shebesh outside his office in City Hall! Talk about workplace violence!

With Mr. Isaac Lenaola’s decision ordering Mr. Kidero and Ms. Shebesh to reconcile, the comedy of error that is the Kenyan judicial process against the high and mighty takes yet another hit even though the ruling may be within the prerogative of a high court judge.
Oy Vei!!

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Filed under Kenya