Tag Archives: Impunity

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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Filling Mandela’s Shoes – Easier said than done!

As Africa, Africans and the international community join Mr. Nelson Madiba Mandela’s family and South Africa in mourning his passing; it is very interesting to see leaders of all strips falling over themselves to praise the fallen global icon. Over the years, Mr. Mandela evolved from a detainee; some would say “terrorist” to a prisoner-turned-Nobel Laureate-turned-president-turned-ex-president to a revered international icon whose funeral service commanded a gathering of the world’s most powerful and famous including four American presidents, one whose father is Luo! Madiba’s amazing life, legacy and now passing prompted me to take a closer look at some of the leaders now waxing poetic and eloquently about “their time with Nelson” or “their encounter with Madiba”. Senator Mike “Sonko” Mbuvi even went as far as photoshopping himself in a warm embrace with Madiba! http://www.ibtimes.co.uk/articles/529059/20131210/nelson-mandela-photoshop-legacy-tribute-mike-sonko.html.
Mr. Mandela’s death also got me thinking about past leaders who have been held in the same stead as the man lovingly referred to as “Tata”, who unlike nearly all African leaders of his generation, served only ONE term as president of South Africa then STEPPED down voluntarily! I thought about leaders such as Ghana’s Kwame Nkrumah, Kenya’s Jomo Kenyatta, Tanzania’s Julius Nyerere and Zambia’s Kenneth Kaunda. Of the four Pan-Africanists, only Nyerere and Kaunda voluntarily stepped down from the presidency, the former in 1985 and the latter in 1991. Mr. Nkrumah was overthrown while on a visit to Asia and Mr. Kenyatta died in office, ostensibly on a “working vacation” in Mombasa.
While this piece is not a comparison between the afore-mentioned founders/leaders of the Pan-African Movement and Mr. Mandela, it allows one to place the latter alongside these leaders of yore who have been lionized, indeed deified either by the people they led, the African continent or the larger global community. I will say that the outpouring of love and affection for Nelson Mandela underscores that for a leader/president; especially of an African country, the man’s appeal is singularly unique and deservedly universal. Furthermore, Nelson Mandela’s global appeal is for the best of reasons, not the notoriety of most of his fellow (African) leaders – past and present. Close to one hundred heads of states spanning the entire spectrum of political persuasions attended his funeral services. America’s Barack Obama, the country’s 44th president placed Nelson Mandela alongside such revered figures as fellow Nobel Peace Prize recipients Civil Rights’ leader Dr. Martin Luther King and non-violence advocate Mahatma Gandhi and America’s Founding Fathers. To quote President Obama:
“(T)he struggle here against apartheid, for freedom, Madiba’s moral courage, his country’s historic transition to a free and democratic nation, has been a personal inspiration to me. It has been an inspiration to the world. The outpouring of love that we’ve seen in recent days shows that the triumph of Nelson Mandela and this nation speaks to something very deep in the human spirit — the yearning for justice and dignity that transcends boundaries of race and class and faith and country.”
http://www.nation.co.ke/News/africa/Obama-meets-family-of-ailing-hero-Mandela-/-/1066/1899202/-/bcbd1sz/-/index.html
America’s first black president also led the world in eulogizing the fallen global icon and South Africa’s first black president saying that “It is hard to eulogize any man…how much harder to do so for a giant of history.” In the same memorial service for Mr. Mandela and in keeping with the reconciliatory nature of the man, Barack Obama shook hands with perceived “enemies” of the United States President Uhuru Kenyatta and President Raul Castro of Cuba, much to the consternation, chagrin and wagging tongues of onlookers, pundits and spinmeisters alike.
http://www.nation.co.ke/news/Obama-leads-world-in-celebrating-Mandela/-/1056/2106878/-/qs3mjq/-/index.html
We now see all, including those who rule, have ruled, comport and have comported themselves in ways completely antithetical to what Mr. Mandela stood for tripping over one another to embrace the fallen nationalist and the principles he stood.
The current occupant of State House and crimes-against-humanity suspect Mr. Uhuru Kenyatta said that the former South Africa President “….had taught the world the strong virtues of humanity, which made him stand out.” Mr. Kenyatta went on to add that Mr. Mandela “…believed in the noble principles of equity, justice, cohesiveness and inclusiveness in governance. He had faith and confidence in the ability of his people to realize the dream of a free, united and prosperous South Africa.”
http://www.standardmedia.co.ke/mobile/?articleID=2000099552
Not to be left behind, the junior partner of the digital duo and fellow crimes-against-humanity suspect chimed in with the somber-sounding
“The world has lost a moral example of selfless leadership, a man of courage, principle and honor. The African Continent is poorer without Madiba. We are mourning a father to multiple generations of Africans. Madiba left a legacy of leadership and he was a shining example that we should all emulate.”
http://www.nation.co.ke/InDepth/-/490068/490832/-/hlndic/-/index.html
It is one thing to lather praise about the ideals enshrined in a document such as the Constitution or embodied in the legacy of a man such as Nelson Mandela. It is an entirely different ballgame to live one’s life and govern a polity to said ideals to wit I wonder whether Mr. Kenyatta and his sycophants would embody (honor?) Mr. Mandela by stepping down from the presidency AFTER one term! What of facing a “personal challenge” such as being charged – fairly or unfairly – head on without using a country’s limited resources and goodwill or without playing the “race card” to avoid facing said charges?
President Kenyatta opined rather eloquently that Mr. Mandela believed “…in the noble principles of equity, justice, cohesiveness and inclusiveness in governance…” yet he, Uhuru Kenyatta, is the willing and less-than-noble beneficiary of wealth and privilege, most obtained under dubious circumstances and through the less-than-cohesive and exclusive government of his father Jomo Kenyatta. Add to the hypocrisy of Mr. Kenyatta’s commendations of Mr. Mandela’s legacy of inclusiveness is the exclusivity of his Jubilee government; one whose composition is dominated by the two tribes that gave the party the winning majority in the 2013 elections.
Again I say: It is one thing to blame someone for the sins of their father. It is an entirely different discussion when the person being blamed for their father’s sins embraces, indeed embodies some of the very sins the father is accused of. Born into royalty, Mr. Mandela eschewed the trappings of the royal court and chose instead to lead a humble life “….sharing insights and listening to and learning from others” including those who had imprisoned and tormented him. Mandela grew up to govern South Africa by embracing former South African President William de Klerk; a man whose government continued his detention before releasing him in 1990. Mr. Mandela also embraced a political rival and founder of Inkatha Freedom Party Mr. Mangosuthu Buthelezi; appointing him as his Minister for Home Affairs and as acting president on more than one occasion!
Madiba also exemplified a quality that most leaders in Africa, certainly none of Kenya’s past presidents can even come close to personifying. In a segment on preparations for Mr. Mandela’s burial in his childhood home of Qunu, presenter Gregory Warner of radio station KQED FM88.5 marveled at the lack of ostentation, indeed underdeveloped state of the village of Qunu; ancestral home of South Africa’s first black president and the world’s most revered public figure of his generation! Mr. Warner reported that the roads leading up to Qunu had to be upgraded in preparation for Mandela’s funeral procession because they were not tarmacked and the recent rains in the area had made them virtually impassable! Additionally, Qunu did not reek of the one-sided allocation of developmental resources that was the hallmark of Kenya’s own founding father and his successors.
In response to reports of rampant corruption, cronyism, nepotism, poor governance and wealth disparity that pervades today’s South Africa, the country’s current president and archetypal “Big Man” Jacob Zuma was mercilessly booed by his countrymen/women gathered to pay respect to South Africa’s first black president and the very antithesis of said “Big Man” caricature Mr. Nelson Mandela. Adding insult to injury was the fact that Mr. Zuma was being booed by South Africans who had just enthusiastically cheered America’s first black president and the man Kenya’s current government has chosen to demonize for allegedly conspiring to have its leader (Mr. Kenyatta) and its deputy (Mr. Ruto) face charges at The Hague.
Mr. Jacob Zuma, a man two presidencies removed from Mr. Mandela’s tenure and is accused of unMandela-like behavior including allowing his South African government to support the even more unMandela-like charges both Mr. Kenyatta and Mr. Ruto are shamelessly trying to avoid answering for at The Hague was raucously booed by his countrymen/women even as Mr. Obama, the man whose American government is accused of pushing to have Mr. Kenyatta and Mr. Ruto answer the crimes they have been charged with received a prolonged and warm ovation.
The symbolism reflected in the dichotomous crowd reactions to American president Barack Obama and to the host country’s own Jacob Zuma should give pause to all those tripping over themselves to carry Madiba’s mantle including Mr. Kenyatta and Mr. Ruto. It is indeed a fitting bookend to Nelson Mandela’s legacy of what constitutes acceptable and unacceptable leadership.

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Equivocating Corruption and Impunity

“Combating corruption is not straightforward or easy. But it is not impossible, especially with increased public awareness of the problem.”

Dr. Gesami; Secretary, Policy Coordination Office of The Deputy President

http://www.nation.co.ke/oped/Opinion/Improved-governance-the-best-way-to-reduce-corruption/-/440808/1940350/-/item/0/-/le04bbz/-/index.html

The foregoing is quote from an article in the August 7, 2013 issue of the Daily Nation. The piece was written by a Dr. Gesami who is identified by the newspaper as a “Secretary, Policy Coordination Office of The Deputy President.” I could not believe the equivocation and rationalization of and on corruption put forth by a seemingly senior official in the DP’s office. The doctor appeared to be justifying and excusing poor governance and corruption.

Maybe I have been in America for too long, as I am often told but combating corruption, from the spectacular Goldenberg or Anglo-Leasing types to the petty “kitu kidogo” variety that Kenya and Kenyans patented a long time ago is as easy as choosing not to ask for a bribe. It is also as easy as choosing not to pay out a bribe when asked for one. I wondered aloud what was difficult or to quote Ms. Gesami; “not straightforward” about saying “NO” when asked by an officer to “ongea vizuri” after being pulled over, ostensibly because of a nondescript and benign traffic violation such as a broken tail light? If the issue is the widespread culture of corruption that is Kenya and Kenyans, then the country would have already created a professional and well-paid police force with the relevant checks-and-balances to mitigate the culture (of corruption); something it has and cannot do, in part because its leaders continue to be more interested in cementing their (tribe’s) hold on power by creating a force based on tribal/regional allegiance, not professionalism and/or competence. The recent tragedy at the Westgate Mall and the subsequent attempts by government officials to explain the botched rescue efforts not to mention charges of looting by the soldiers is a prime example of equivocation and tolerance of incompetence and corruption at and by the highest levels of the government! For good measures, I will throw in the current storm swirling around Ms. Charity Ngilu, the Cabinet Secretary of Lands and the inevitable “circling the wagons” by “her people” who pleaded with her boss Mr. Kenyatta that “to err is human” and asked that the errant secretary be “forgiven” for her transgressions!

http://diasporamessenger.com/now-ukambani-mps-defend-ngilu/

Dr. Gesami works in the office of the deputy president. She should therefore have access to the best resources Kenya has to offer: Assuming this to be the case, what, therefore, is “not easy” about surreptitiously recording an
exchange between someone attempting to obtain title to a piece of land and a bureaucrat at the Land Bureau to expose any corrupt dealings during the exchange? The US Federal Bureau of Investigation (FBI) recently asked by the Jubilee government to help investigate the fire at JKIA and the attacks at the Westgate Mall routinely run “sting operations” that expose and take down corrupt politicians and businessmen with ease and regularity here in America. Kenya has the Criminal Investigation Department (CID), not to mention the Kenya Anti-Corruption Commission (KACC), presumably investigative and prosecutorial bodies with adequate resources to emulate the American “feds”.

At the risk of asking the obvious: Is it difficult for the CID and KACC to run the FBI-like “sting operations” because the very people they’d be targeting for investigations are the very people said agencies report and pledge allegiance to? I will argue that the main reason Kenya and Kenyans have continued their corrupt ways is because corruption in its many mutations has existed and continues to exist at the highest level of the society with an impunity that allows the erstwhile Minister for Finance, now president of the country, to flippantly refer to a suspicious and inexplicable kshs. 9billion line item in a supplementary budget as “…a computer error, a typing error or whatever...” without being called to explain said typo or glitch to the nation: A nation that probably does not care because “ their son is being persecuted” by mischievous opponents! http://www.youtube.com/watch?v=pMsRIB-6UCg

It is the same impunity that has allowed perpetrators of high crimes and misdemeanors to walk around the country with nary a care in the world…because the crimes they are accused of committing, including murder most foul, of cabinet ministers and of members of parliament (MPs), have long since been swept under the rug…forgotten by all except those affected by said crimes.

Now presiding over Kenya is the same person who was at the helm when the “computer error, a typing error or whatever…” was uncovered at the Ministry of Finance – Mr. Kenyatta – the very person trying to woo investors by “… promising drastic measures to fight corruption…http://www.nation.co.ke/news/politics/Uhuru-Kenyatta-Machakos-Investors-Corruption/-/1064/2066024/-/wdp3dn/-/index.html

Where have we heard that song before?

Oh yes…from Mr. Kenyatta’s predecessors. The current president’s father continued the politics of patronage and of divide-and-conquer when the colonizing Brits “left” Kenya in early 1960s. Jomo aka Mzee continued governing Kenya colonialist-style and in effect cementing corruption and impunity into the fabric of the country and its people. Kenyatta Pere was then succeeded by M1 or Mr. Moi, also Kenyatta Fils’ mentor. Google “Kroll Report on Kenya” for some sobering reading on corruption in Kenya during the Nyayo (Moi) era. He, whose political vision is like that of a giraffe, gave control of the trough that is Kenya to Baba Jimmy and world-renowned economist Mr. Mwai Kibaki. Successive Kenyan presidencies have at one time or another promised to “wipe out corruption”…”end impunity”…or “take stern measures against grafts”.

I remember when President Moi set ablaze a mountain of ivory tusks in late 1989. http://www.nytimes.com/1989/07/19/world/kenya-in-gesture-burns-ivory-tusks.html. Now if ever there was political gamesmanship, drama and spectacular images symbolizing a “resolute” leader taking on the threat posed by poachers who threatened to wipe out the country’s elephants along with the tourist dollars the majestic pachyderms brought into the national coffers, this was it: The ignition of 12 tons of elephant tusks, artfully arranged by pyro technicians should have signaled to all that the Moi government was serious about putting an end to the killing off of Kenya’s elephants. Alas! It did not. The country’s elephants have been poached to the point of extinction in part because implicated in the scourge was the Kenyatta family! (Pges. 312-313, Charles Hornsby, Kenya Since Independence).

The point of the forgoing digression is to illustrate how and why the efforts to stem corruption and impunity in Kenya have been ineffective. The country’s presidents have bequeathed its citizens a country ranked near the bottom (or top) by Transparency International; an international organization that monitors and publicizes political/governmental corruption throughout the world:

http://tikenya.wordpress.com/2012/12/05/kenya-still-perceived-as-a-corrupt-country-both-globally-and-in-africa/ 

Let me blunt:

Until corruption and impunity are dealt with at the very highest level of Kenya’s government, the country will continue to be a poster child for the twin evils while lurching from one scandal to the next even as its leaders “promise drastic measures to fight” the two!

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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

Stop Politicizing the (fill in the blank)

President Uhuru Kenyatta has told his nemesis Raila Odinga to “stop politicizing” the land issue. http://www.news24.co.ke/National/News/Uhuru-tells-off-Raila-on-land-issue-20130902 The senior half of the digital duo also lambasted the vanquished head of CORD to stop politicizing the value-added Tax (VAT) recently implemented by Jubilee government. http://www.capitalfm.co.ke/business/2013/09/stop-politicizing-vat-law-uhuru-tells-raila/. And if that was not enough, The Hague-bound Son of Jomo may as well accuse Son of Jaramogi, his father’s chief rival, of engineering his summons, along with his deputy’s, to The Hague! http://www.nation.co.ke/news/politics/How+ICC+and+Raila+created+coalition+of+the+accused/-/1064/1634576/-/2r1hjxz/-/index.html Frankly I am waiting for Mr. Kenyatta and his sycophants to call on Mr. Odinga to “stop politicizing” the Syrian government’s alleged use of chemical weapons against the rebels!

The glaring irony is that the same man accusing his chief political enemy of politicizing land ownership, bread-and-butter/economic issues and the on-going trials at The Hague is in point of fact doing the very same thing: Talk about huevos or chutzpah!

Mr. Kenyatta recently “handed” out title deeds to folks in the voter-rich and CORD-leaning region of the Coast. http://standardmedia.co.ke/?articleID=2000093358&story_title=disputes-stalk-president-uhuru-kenyatta-coast-title-deeds&pageNo=2 I am sure he did this out of the kindness of his heart and not because he was looking ahead to the 2018 elections. That Son of Jomo is incredibly altruistic!

The national budget delivered by Mr. Henry K. Rotich, President Kenyatta’s Cabinet Secretary for the National Treasury on June 13, 2013 outlined the broad development policies of the Jubilee coalition including its commitment to seal “…leakages in our revenue collection…and extending the tax base while ensuring efficiency in public expenditure.”http://www.businessdailyafrica.com/The+full+Kenya+Budget+speech+2013/-/539546/1881852/-/view/printVersion/-/535sgq/-/index.html. I am neither an economist nor an expert on budgetary matters but I interpreted the line about “extending the tax base” to mean implementation of a policy along the lines of a value added tax (VAT) the two scions of Kenya’s political titans are wrangling over.

Finally, the one issue that I would bet my Man U jersey keeps Kenyatta Fils awake at night is the one issue he, Mr. Kenyatta, used as a vehicle to Kenya’s presidency! Upon being accused of crimes against humanity by the Chief Prosecutor of the ICC Mr. Ocampo, Mr. Kenyatta and co-suspect Mr. Ruto formed a “coalition of the accused” and with his mother, Kenya’s former first lady Ms. Ngina Kenyatta leading the various “prayer rallies” across the populous regions of Central and Rift Valley, the two accused transformed the summons to The Hague into a tyranny of numbers all the way to Kenya’s presidency; the ultimate politicization of the charges facing the digital duo. http://www.standardmedia.co.ke/?articleID=2000032591&pageNo=1

UK is beginning to sound like George W. Bush and the Republicans, especially in the wake of the 9/11 tragedy when Son of Bush famously told those who decried his gun slinging response to the event and pursuant foreign policy that “they are with us or against us.”http://edition.cnn.com/2001/US/11/06/gen.attack.on.terror/

 Anyone who questions Mr. Kenyatta’s policies or positions on issues of national import is either “a tool of the west,” “anti-development,” “un-patriotric,” “politicizing the issue” or engaging in some yet-to-be-named nefarious behavior.

Memo to Mr. Kenyatta:

As much as you and your supporters would love for him to go away, Raila Odinga is the face and voice of Kenya’s opposition. Like you, he is a politician and looks at most issues through a political lens. Mr. Odinga is as much a “patriot” and “development-minded” as you are. And incase y’all had forgotten, Mr. Odinga is also Kenyan!

Remind Kenyans again how you and William Ruto ended up winning the presidency, CJ Mutunga’s ruling notwithstanding?

What’s that?

You and Mr. Ruto had a “better vision for Kenya?”

Sure you did…and you were able to wrap that vision in an anti-ICC/anti-The Hague/Xenophobic shuka at the various “prayer rallies” held “throughout” the country all the way to the presidency. By running for the presidency despite the charges facing you and your running mate, you dared the criminal court to try (and convict) the president and deputy president of a member state. And while presidential campaigns are by “political”, you Mr. President have continued to wrap your presidency using the same shuka you used during the (political) campaign. You have continued to draw on the energy generated at the “prayer rallies” during the campaigns by continuing to politicize the issue.

“Jamba”, who recently took a position on charges facing him at The Hague…not as a “personal challenge”, but as the “duly elected president of the sovereign Republic of Kenya”? I will help you out: It is you. Mr. President, you famously said that the charges facing you at The Hague were “personal challenges” that will not spill over into your role if elected to the presidency. http://www.theguardian.com/world/2013/feb/11/kenya-elections-presidential-debate

Well sir you are now the president of Kenya.

That Kenya, ‘ere the decision by The Hague not to run your trial and that of your digital twin Mr. Ruto simultaneously, run the risk of being rudderless were you and Mr. Ruto to face the “foreigners” at the ICC at the same time is the direct result of your politicization of your (collective) charges.

Bw. Rais, it is disingenuous and blatantly hypocritical to accuse Mr. Odinga of “politicizing” issues that matter to Kenya and Kenyans even as you and your sycophants do the same.

Fool me once, shame on you

Fool me twice, shame on me

Fool me thrice; I must be Kenyan!

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Filed under 2013 Presidential Elections, Democracy, Elections, Failed State, Governance, Governance - Kenya, International Criminal Court - ICC, Justice, Kenya, Land, Land Ownership, Politics, The Hague

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