Tag Archives: Justice

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

The massive log in our collective eyes!

I am a Kenyan living in the United States and find the article by Ms. Muthoni Thangwa in the July 29th edition of Daily Nation to be laughable at worst and misleading, not to mention a case of deflection at best.

 http://www.nation.co.ke/blogs/-/634/1929974/-/view/asBlogPost/-/gepjjkz/-/index.html

God knows that America has its faults. This country has a very painful and sordid history; one that it continues to deal with to this very day as evidenced by the events at the center of Ms. Thangwa’s piece. It is a past AND present whose details I delve into in my book Wuodha: My journey from Kenya to these United States. However, the one thing America; the country I have called home for the past thirty-plus years has which the likes of Muthoni and her compatriots can only intellectualize and fantasize about is a system of governance that holds people, including the president of the country, not to mention their friends and family wholly accountable for their actions. And on a slight but pertinent digression, United States of America has institutions – judiciary, legislative, police and infrastructures – roads, railways, and buildings etc. that while far from perfect, make those in Kenya the very embodiment of a banana republic!

I do not agree with the verdict on the murder of Trayvon Martin by George Zimmerman. My disagreement with the verdict is however based on emotional considerations than on legal ones.

The fact is: a young man needlessly lost their life and his killer essentially walked away scot-free! I feel more for Trayvon’s parents and friends. I don’t feel for Zimmerman’s parents or friends. At least they still get to see him – he is alive even though he will forever be haunted by the fact that he took the life of another human – Thou shalt not kill. Finally, and adding insult to injury is the afore-mentioned history of racism and Jim Crowism in America, the south (Florida) in particular that African Americans have endured over the years. I therefore get the perception this verdict has created, not only throughout the world, but even here in America. I also get how the acquittal of Mr. Zimmerman for the murder of Mr. Martin has added to the narrative the Ms. Thangwa is working with. However bone-headed, the verdict was made within the confines of the existing law(s).

Having stated the fore-going, let me also state without any equivocation that Kenyans are as hypocritical a people as I have seen and I am Kenyan! I also know that I am generalizing, the very crime Ms. Thangwa commits in her piece! I also know that two wrongs don’t make a right! To which I say “oh well!”

The same yahoos screaming about racism and bigotry in America will shamelessly hack one another to death because they are “uncircumcised” and/or from the wrong tribe! The very folks shaking their fists at America about “due process” for Trayvon are the same ones who will turn right round and tell those who disagreed with the Supreme Court verdict during the 2013 presidential elections to “accept and move on“. The very Kenyans who bloviate about “human rights for Trayvon…and the hypocrisy of America..blah, blah, blah” are the same ones who will turn right round and throw stones at the International Criminal Court (ICC) for “going after their sons”, sons who are accused of organizing over 1200 Trayvon Martins for the very reason Ms. Thangwa is accusing America of – violating the human rights of the less powerful! Maybe Muthoni can tell her readers whether the human rights of the internally-displaced people (IDPs) were violated by “our sons” as charged by the ICC. What of the rights of Robert Ouko, Tom Mboya, Pio G. Pinto, JM Kariuki?

In the 2012 US elections, there was a report of Kenyans, now naturalized American citizens who could not countenance voting for America’s first non-white president because he “…had Luo blood in him” courtesy of his father Barack Obama Sr.; the very definition of “judging someone by the color of their skin, not the content of their character!” These are the very people who will turn right round and tell those who accuse Uhuru of being the recipient of ill-gotten gains courtesy of his father Jomo “not to blame the son for the sins of the father.”

http://www.kenyan-post.com/2012/11/kikuyus-here-in-us-did-not-vote-for.html  

The very Kenyans who have no compunction about “toaring kitu kidogo” i.e. offering a small bribe or conversely asking someone seeking service to “ongea vizuru” i.e. give a bribe for said service will take to the streets to complain about “MPigs” or castigate the International Criminal Courts for “finishing off their sons and daughters”. It is this hypocrisy and double-standard that has resulted in a country and a people as synonymous with winning the Boston Marathon as it is/they are with corruption and impunity!

I challenge Kenyans, who are notoriously religious, are prone to being “born again Christian” and are religious (no pun intended) attendants of “prayer rallies” to follow the very teachings of their holy book The Bible and look at the log in their eyes before pointing out the sliver in the eyes of others!

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Filed under Corruption, Democracy, Governance - Kenya, IDPs, International Criminal Court - ICC, International Relations/Global Issues, Justice, Kenya, Law & Order, Life, Politics, Race, Racial Discrimination, Racism, The Hague, Trayvon Martin, Tribalism, Tribe

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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The AU vs. The ICC: Racism vs. Impunity

The following explanation regarding the raison d’être of the International Criminal Court (ICC) is taken from the court’s home page:

 “The International Criminal Court (ICC) is an independent, permanent court that tries persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes. The ICC is based on a treaty, joined by 122 countries (effective as of 1 May 2013). The ICC is a court of last resort. It will not act if a case is investigated or prosecuted by a national judicial system unless the national proceedings are not genuine, for example if formal proceedings were undertaken solely to shield a person from criminal responsibility. In addition, the ICC only tries those accused of the gravest crimes. In all of its activities, the ICC observes the highest standards of fairness and due process. The jurisdiction and functioning of the ICC are governed by the Rome Statute.”

http://www.icc-cpi.int/en_menus/icc/about%20the%20court/icc%20at%20a%20glance/Pages/icc%20at%20a%20glance.aspx

 The claim that the International Criminal Court (ICC) is “targeting Africans on a racial basis” as alleged by the presiding chairman of the African Union (AU) and Ethiopian Prime Minister Hailemariam Desalegn should prompt the same analysis and review as the proposal that the ICC relinquish adjudication of the crimes against humanity charges facing President Uhuru Kenyatta, his deputy William Ruto and radio presenter Joshua Sang to Kenya’s judiciary. Africa and specifically Kenya should evaluate the two issues – a “racist” ICC and independent and competent local (Kenyan) adjudication of the country’s president and his deputy along with Mr. Sang for crimes against humanity – with the honesty and objectivity they both deserve.

A quick search on the internet rubbishes Mr. Desalgen’s claim that “99 per cent of those indicted by the ICC are Africans”. While the current active listing of suspects contains mostly Africans; from Congo, Sudan/Dafur, Libya and Kenya, there is also an extensive list of individuals, mostly from the former Yugoslavia who are non-Africans, who have been indicted and either convicted or acquitted by the ICC. Similarly, there is an extensive listing of non-Africans who were convicted and punished for war crimes at The Nuremberg Trials, the precursor to the ICC. Interestingly enough, the Africans facing charges at the ICC were referred to the court by their own people including Kenya’s own Uhuru and Ruto who ended up at The Hague because their colleagues in parliament did not want them to be
vague”!

http://en.wikipedia.org/wiki/List_of_people_indicted_in_the_International_Criminal_Tribunal_for_the_former_Yugoslavia

http://en.wikipedia.org/wiki/List_of_Axis_personnel_indicted_for_war_crimes

One can make a compelling argument that in a fair world – and we know how fair and impartial life is – Donald Rumsfeld, George W. Bush, Tony Blair, Dick Cheney and Condoleezza Rice would all be in front of a war crimes tribunal because they invaded a sovereign country (Iraq) on the basis of cherry-picked and wrong information. As a matter of fact, I would argue that it is the fear of being arrested, definitely of being embarrassed by protestors, that prevent the afore-mentioned individuals from traveling abroad as regularly and as freely as they would otherwise do. In his op-ed piece titled Many Africans are coming to believe that international justice is selective, Mr. Mutuma Mathiu argues that the International Criminal Court, indeed international organizations such as the World Bank, International Monetary Fund (IMF) and even the United Nations (UN) and its related branches are slanted towards the west, particularly the US, Gt. Britain, France and the EU. While I agree with the very general thrust of Mr. Mathiu’s argument, I would also point out that Africa’s history is littered with evidence of its leaders colluding with the same dastard western governments and international institutions against their very own subjects and political opponents not to mention using Swiss banks and similar off-shore accounts to hide their ill-gotten gains. Kenya’s “founding father” and the current president’s father Jomo Kenyatta perfected the art of using the likes of Mr. Patrick Shaw, a British policeman, to do his dirty (political) work of planting evidence, intimidating witnesses and worse!

http://www.nation.co.ke/oped/Opinion/-/440808/1861062/-/ji9o2wz/-/index.html

http://www.nation.co.ke/News/politics/ICC-targets-Africans-on-race-basis-African-Union-chair/-/1064/1864200/-/14tyb02z/-/index.html

http://answers.yahoo.com/question/index?qid=20120528042454AAdbSmG

http://www.foreignpolicyjournal.com/2012/05/12/bush-convicted-of-war-crimes-in-absentia/

As amply demonstrated by Africa’s history over the last 50+ years, leaders from Idi Amin to Mobutu Seso Sekou via Jean Bidel Bokassa, Said Barre, Jomo Kenyatta, Arap Moi, Charles Taylor and Robert Mugabe have colluded with western countries and western institutions to abuse their subjects and plunder their country’s resources with an impunity that was near-total! Few objective and fair-minded observers can review Africa’s socio-political and economic past and conclude that its leadership has led Africans with the respect and fairness they deserve. One can even argue that most African leaders have failed, miserably, at improving the lives of their people while lining their own pockets and those of their friends, family and tribe, similarly fattening their bellies while behaving worse than the very colonial masters their forefathers fought so hard to defeat! To paraphrase Jaramogi Oginga Odinga from his book Not Yet Uhuru, the average African is still struggling to prevent fellow (black-skinned) African leaders with vested interests from ruling as successors to the administrators of the colonial days i.e. colonialists.

Idi Amin single-handedly destroyed Uganda, a country once referred to as the “pearl of Africa” first by expelling Asians who were the backbone of the country’s economy before embarking on a pogrom that decimated the country’s intelligentsia and brain trust further diminishing its ability to develop economically and socially. Republic of Congo’s Mobutu Seso Sekou, with help from Belgium and the CIA, overthrew the country’s first democratically elected Prime Minister Élias Okit’Asombo aka Patrice Lumumba who was then tortured and ultimately executed by a firing squad. Kuku Ngbendu wa Za Banga, as Mobutu was also known, went on to squander the wealth of the newly-renamed Zaire, a country that was equally blessed and cursed with an insane abundance of natural resources. The sordid doings of Kenyatta Pere and Moi, hitherto discussed in hushed tones, especially during their reigns have finally been made official and public by the recently-released Truth Justice and Reconciliation Commission (TRJC) Report; an accounting of Kenya’s historical record of gross human rights violations perpetrated primarily by and at the behest of the country’s presidents.

I would thus argue that the key difference between the dreaded west – USA, Gt. Britain, France etc. – and say Kenya, Sudan, Congo, Rwanda and former Yugoslavia is the fact that the former have institutions that are mature and comparatively independent enough to handle matters such as crimes against humanity/war crimes involving the rich and powerful without blatant interference and manipulation from said rich and powerful. Can folks at the AU honestly see Hutus and Tutsis dealing with the very genocide they were both victim of? Indeed  Kenyans were given the opportunity to set up local institutions and mechanisms to investigate and punish those convicted of fomenting the ethnic violence after the elections of 2007. Both principals – President Kibaki and PM Odinga – were in favor of setting up local institutions and mechanisms to deal with the issue but were shouted down by none other than the sycophants of the current president and his deputy. The country seems to have forgotten  the chant “Don’t be vague; go to The Hague”. Its members of parliament (MPs) opted to go to The Hague for a host of reasons including the incredulously self-serving belief that the ICC would take forever to bring charges against those accused or that it, ICC, was a toothless organization, especially when called upon to charge the likes of Uhuru Kenyatta. Finally and most saddening and as evidenced by revelations by the Truth, Justice and Reconciliation Commission (TJRC), Kenyans were afraid that the accused high and mighty would manipulate and influence the proceedings and resultant outcome as they have done in past high profile cases!

Now that the proverbial chickens have come home to roost, the likes of Kenya’s permanent representative to the UN Mr. Macharia Kamau and the chair of the AU Mr. Hailemariam Desalegn are crying neo-colonialism and racism respectively! It is hypocritical, disingenuous and the height of arrogance. These individuals and the organizations they represent – AU and Kenya – would have some credibility if they had demonstrable track records of actions taken against crimes against humanity and impunity by the rich and powerful. As illustrated above and in a previous posting titled “Be a Sage; Push for The Hague”, neither Africa’s leaders nor Kenya’s have demonstrated an ability to do either – address impunity and crimes against humanity perpetrated by the rich and powerful within them.

It is why the ICC, its shortcomings notwithstanding, is a much-needed and powerful counterweight to the likes of Charles Taylor and Slobodan Milosevic, indeed to Uhuru Kenyatta. Similarly, it is the well-documented history of Africa’s “big men” acting with wanton impunity and the glaring impotence of institutions within their respective countries (including the African Union; the ultimate club for said ”big men”) to hold them in check and accountable that make Mr. Desalegn’s cry of “racism” laughable.

The shoes is finally on the other foot and Africa’s masters of impunity have finally met their Waterloo in the International Criminal Courts and they are now crying foul! I say it is about time they were held accountable.

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My Brother’s Keeper – POK on Otonglo

http://www.standardmedia.co.ke/?articleID=2000082744&story_title=president-uhuru-pledges-to-educate-otonglo-narrator

http://www.africareview.com/News/Kenya-star-drama-student-wins-presidential-sponsorship/-/979180/1766872/-/7fqoyp/-/index.html

http://www.standardmedia.co.ke/?articleID=2000082845&story_title=why-student-s-otonglo-times-may-be-over

The symbolism of this story has the potential to be a game-changer in the fractured and mercurial relationship/dynamics between two of Kenya’s more storied tribes – Kikuyu and Luo. By reaching out to the young 2nd Former at Highway Secondary School and offering Mr. Daniel Owira “full education sponsorship up to the university level,” the president is holding true to the adage that “to him that much is given, much is expected.” Luke 12:48.

Beyond just offering to pay for Daniel’s education, Mr. Kenyatta “also assured Daniel’s mother, Ms Rose Owiyo, that he would revive her business” and “support Daniel’s elder sister Susan, who works as a volunteer assisting girls in the slums.”

The cynic in me is tempted to and can indeed make a compelling argument that the politician in Mr. Uhuru Kenyatta is doing this as a photo-op and for publicity given his poor showing AND standing with Daniel’s tribe – the Luo. I can also argue that for Mr. Kenyatta, a man with a net worth of several billion shillings, paying tuition and living expenses for the lad to attend a school classified by Wikipedia as “a provincial day school” i.e. a 2nd/3rd tiered institution of higher learning, while supporting the young man’s family (mom and sis) in the slums of Nairobi, is akin to an ordinary Kenyan giving a couple of shillings to one of the many beggars/street urchins running around in downtown Nairobi! Finally, I can make the claim that this deed is a “one of;” a “one time” random act of kindness that while worthy, does little to solve the problems/issues young Daniel’s tableau illuminated – the frustrations of job-seekers who travel from their rural homes to Nairobi after completing their studies not to mention the stark disparity between Kenya’s haves and have-nots or its historically imbalanced regional development.

The above-mentioned notwithstanding, Mr. Kenyatta’s action towards young Mr. Awira and his family is perspicacious on several fronts. The optimist in me sees Mr. Kenyatta’s offer from the following perspectives:

1. A magnanimous act; to deserving and needy humans. A self-proclaimed Christian who littered his campaign with so much religion and religious symbolism that I thought the Republican Party had indeed opened itself to Blacks; Mr. Kenyatta is doing for the least of his brothers and sisters thereby serving the Lord and embodying the teachings of Matthew 25:40.
2. A savvy and adroit political move. A Kikuyu reaching out to a Luo, a Kenyan of one tribe reaching out to a Kenyan of a DIFFERENT tribe can only beget good things given the specifics of this story! The innocuous and nondescript relationships between Kenya’s 40+ tribes is just that – random, everyday and commonplace. On the other hand, given the animus between said tribes; animus that (a) was on full display during the PEV of 2007; indeed has been demonstrated repeatedly over the years, (b) was vividly evidenced by the voting patterns in 2013, and (c) is embodied in the tribal chauvinism that is mirrored in cyberspace – the anonymous underbelly of any society, maybe, just maybe this move by Mr. Kenyatta is the tipping point in efforts to assuage said animus.
3. A timely move given what, in my opinion, is the single most important obstacle facing Mr. Kenyatta and his running mate Mr. Ruto – the charges of crimes against humanity at The Hague. As jingoistic and hubristic as the president’s “Jubilant” supporters may want to be since their candidate’s victory, the specter of facing Ms. Bensouda at the ICC continues to cast a gloomy pall over their celebration since fulfilling the prophecy of the felled Mugumo Tree. The president’s continued efforts towards reconciliation between the tribes thereby the addressing a key element at the heart of the PEV in 2007 – tribal animus – should be looked at kindly by the world’s court (and its principal benefactors America and Great Britain).
4. An act whose symbolism, especially as evidenced by the apparent bonhomie between Mr. Kenyatta and young Daniel during the tour of State House, tells young Mr. Owira that the presidency and the State House are not as unattainable nor as sacred as someone from the slums of Nairobi may think; actually as some of the pompous bloviating sycophants around Mr. Kenyatta make it to be! (Think the impact of Barack Obama’s presidency to black boys).
http://www.youtube.com/watch?v=Yo0I3jiQ8Ew&feature=player_embedded (1.00-1.11)
5. A “feel-good” story that brings together, in a worthwhile union, the two extremes of the country’s various demographics: The rich and the poor, Kikuyu and Luo, privileged and under-privileged, youth and wazee etc.

Like I mentioned in a previous posting titled Getting His Groove? President Kenyatta Fils finally appears to be standing on terra firma as the president of the entire country – in words and in deeds. I will argue that POK (President of Kenya) has made some moves that continue to earn him goodwill with the very voting bloc he needs beyond the usual (regional) suspects. It is goodwill that will go a long way in making Mr. Kenyatta’s presidential mandate more national in appeal. Whether it is walking hand-in-hand with his erstwhile opponent and nemesis Raila Odinga, towards the gravesite of the former Secretary-General of the Kenya National Union of Teachers (KNUT) Mr. Okuta Osiany , at the event held in Nyando, the very heart of Kenyatta’s opposition or telling Daniel that he is now one his “sons” and reminding him, like any father would to, to make sure that he gives him (Mr. Kenyatta) his report at the “end of every term,” the president is definitely endearing himself to this Kenyan.

Well Done Mr. President! Well Done!!

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Filed under Governance - Kenya, Justice, Kenya, Life, Politics, Tribalism, Tribe