Tag Archives: Land-grabbing

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Poetic Justice: Coming Home To Roost During His Son’s Regime: Jomo Kenyatta’s “Policies” of Land-grabbing.

Juxtaposed alongside the lengthy piece on Jomo Kenyatta’s formative years by Daily Nation’s Murithi Mutiga titled “Jomo Kenyatta’s troubled years in London that drove him to greatness” is a piece in the Standard titled “Trail of Blood, Big Money in Land Scandals in Kenya”. Taken together, these two articles underscore the negative impact the “policies” of Kenya’s founding father has had on the country’s long-term stability much like Jim Crowism has had on matters of race here in America. I put the term policies in parenthesis because one can argue that Mzee Jomo Kenyatta DID NOT have any policies for the accounting and the allocation of land after Kenya’s independence. In fact once they assumed power, Mr. Kenyatta and those around him ruled Kenya much like the “dreaded” Brits did. That opiate of the masses religion/Christianity, supposedly used by the missionaries to usurp land from Africans, was effectively replaced first by nationalism then by tribalism as Kenyans imbibed the euphoria of independence and of being in power respectively.

As much as Kenyans have sought to canonize Kenyatta Pere (and now Kenyatta Son), the inconvenient truth is that the country’s founding father bequeathed them a society of “ten billionaires and forty million beggars” as presciently opined by the late JM Kariuki. For Kenyans who have a notoriously short and selective memory, let me remind them that Josiah Mwangi Kariuki famously uttered the revised quote regarding Jomo Kenyatta’s Kenya shortly before he was assassinated in 1975. I will leave it up to those interested to research and conclude on whose order the MP for Nyandarua was murdered. Similarly poignant are the comments of one KimPP who wrote in reaction to the picture accompanying Mr. Mutiga’s piece that “jumping higher than Jomo” celebrating his (Jomo’s) release was Tom Mboya whose life came to a tragic and violent end much like JM’s. Not surprising, implicated in the assassination was the “big man” whose release from detention Mboya was celebrating!

There is no escaping the fact that the (land) policies of Jomo’s Kenya are coming home to roost in Kenya@50. The idea of blaming “the British policy of divide and rule…for what is ailing Kenya today and all its former colonies” as put forth by one Arsenal2014 is curious at best if not ridiculous and outright hypocritical. Mr. Uhuru Kenyatta himself has seemingly taken to blaming the west for what ails Kenya and Africa. Fully illustrating the hypocrisy of Kenya and her leaders is a piece titled “Home guards’ ghosts still haunting Kenya” where Mr. Maina Kiai argues that the president’s rhetoric may be anti-west but his Peponi schools are as British as they come, run by British educators and providing a British education; his public relations advisers are British, whispering propaganda against those wishing for a different Kenya; his business advisers are British; his lead lawyers at The Hague are British; and his K24 station has been funded by the British, among others.

Kenya will not have an honest discussion with the resultant real/permanent solutions to this most explosive of issues – land ownership – until it faces up to and ACTS on the reality that its leaders, including the revered Jomo Kenyatta and his son are up to their eyeballs in the corruption and greed that pervades the issue. The hypocrisy of Mr. Kenyatta’s handling of land-induced violence is underscored by the fact that the same president now warning “leaders to do their homework well before making reckless statements and naming people, linking them to (the Karen land) scandal” was the same person who accused unnamed “local political networks” and opposition politicians of being “reckless and hatemongers engaged in ‘ethnic-profiling’ of one community” during the violence in Mpeketoni and Lamu back in June 2014; violence also related to land. I am still waiting for Mr. Kenyatta to retract the rather impetuous and incorrect allegations he made back in June now that an investigation has revealed that the efforts of one of the individuals he accused of dereliction of duty were in fact stifled by his bosses and the individual relieved of duty during an on-going and active investigation.

To paraphrase a comment made by one Chiriku in response to Mr. Mutiga’s piece, Kenyans seem willing to revise the country’s history; in the process praising and absolving those implicated in the (historic) plunder of national resources. Instead, WaKenya Halisi take to blaming the colonialists who have been gone for over 50 years.

Daily Nation columnist Ms. Rasna Warah offers that Mr. Uhuru Kenyatta would have made a good president had he not relied on a coterie of advisers who are more interested in amassing personal wealth even if it means taking the country back to the days of the all-powerful presidency when the rule of law was considered a mere inconvenience. It does not bode well for Mr. Kenyatta’s fight against corruption at the highest level of his government when he chooses to transfer individuals adversely mentioned in scandals rather than suspending them pending the outcome of investigations.

One would grudgingly accept the angling for presidential plausible deniability offered by Ms. Warah’s article were it not for the high stakes involved: The columnist writes that the 2007 election showed that when historical grievances are not addressed and when issues of marginalization, equity and justice are left on the back-burner, aggrieved communities can rise up against the state and against each other. All it takes is manipulative and self-serving politicians (which Kenya@50 has by the boatload) to ignite the flame.

The chickens of land-grabbing are indeed coming home to roost and charged with confronting them less than half-way through his term in office is the son of the man who created the problem.

Poetic justice?

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Dadi Ameleta Peremende: Daddy has brought sweets!

In a previous piece titled “Kusema Na Kutenda – To Say and To Do”, I wrote that “Mr. Kenyatta also needs to deal with the internally-displaced persons (IDPs) AND the land issue without the platitudinous and perfunctory ‘land is a means of production but not something to always fight for. Let us work together in finding a permanent solution to this problem’ line from his stump speeches.”

https://thetwoninetyonetracker.com/2013/04/26/kusema-na-kutenda/

Recent decisions by POK (President of Kenya) point to Kenyatta Son indeed attempting to deal with the country’s seemingly intractable issue of land ownership and its corollary the internally-displaced persons (IDPs). The president recently issued title deeds to over 60,000 residents of the Coast and while the move was welcomed by some, indeed long overdue, the secrecy and haphazard nature of the process does not bode well for the long-term resolution of the land issue.

http://www.standardmedia.co.ke/?articleID=2000092360&story_title=uhuru-issues-titles-as-jubilee-bets-on-land-to-woo-coast

On the surface, one can argue that the president “semad” and is now “tendaring” as in he campaigned on the issue of land and is now carrying out the (campaign) promise. While I give Mr. Kenyatta kudos for tackling Kenya’s problem of land ownership, I question the process he appears to be using to tackle the problem. To a lesser extent and not as vociferously, I also question his motives.

http://www.standardmedia.co.ke/?articleID=2000092362&story_title=celebration-as-president-issues-land-papers

The process was reportedly secretive and in my opinion, harkened back to the days of Kenyatta Pere and his successor Mr. Moi when allocation of land and approval of the loans to buy said land was done in secrecy and benefitted a select few. Mr. Najib Shamsan of the Kenya Land Alliance was quoted as warning “…that the titles being issued could attract a court battle against the commission if there are reports of discrimination in giving land in settlement schemes.”  Mr. Shamsan went on to claim that “there were serious disputes in settlement schemes such as Mwembe Legeza and Ziwa la Ng’ombe in Mombasa and Kijipwa in Kilifi and we doubt whether this has been sorted out.

The perception of “political interference” and diktats by Mr. Kenyatta’s appointee and Lands Secretary Ms. Charity Ngilu runs the risk of creating the same outcome that Mr. Kenyatta’s father Jomo created when he and those close to him interfered with the distribution of land, especially in the Coastal region of the country and in the “white highlands” of the Rift Valley.

Demand for (and issuance of) free land contravened the agreements reached with the colonizers that private property should be protected not to mention the ideological sensibilities that land should be earned not granted.” The foregoing is a quote paraphrased from Daniel Branch’s book KENYA: Between hope and despair, 1963-2011 (Pge, 91). The quote speaks to the pitfalls surrounding ownership and issuance of land that faced Kenya shortly after she attained her independence.

The following quote is from the chairman of the Commission of inquiry on Illegal and Irregular Allocations of Public Lands (2003/2004) aka Ndungu Land Commission Mr. Paul Ndungu before he gave the presentation titled “Tackling land related corruption in Kenya”: Mr. Ndungu told those gathered that “The land laws inherited from the British had literally vested the whole Country in the President, and he and his advisors naturally felt that, just as the British Monarch had the power to alienate land as he pleased, it was perfectly in order for the President to use the same powers in favour of whoever he wished.”

http://siteresources.worldbank.org/RPDLPROGRAM/Resources/459596-1161903702549/S2_Ndungu.pdf

Mr. Uhuru Kenyatta runs the risk of repeating the errant ways of his father if he continues along the monarchical path of land issuance sans consultation with others in the government and by near-royal decree.

I will generously file the fact that the National Land Commission and the Cabinet Secretariat (of Land) do not appear to speak with a unified voice under the heading “growing pains” as a result of the New Constitution. Having said that, I will also point out that the disjointed voice between the two entities underscores the import Mr. Kenyatta should attach to ensuring that the handling of this most sensitive of issues, one at the center of the country’s numerous tribal clashes, be done so in a manner that is beyond reproach and with the sensitivity deserving of an issue that is critical to the stability of the country.

Finally, Mr. Uhuru Kenyatta studied Political Economics at the exclusive and expensive Amherst College in Amherst, Massachusetts; arguably one of the best liberal arts colleges in the United States. He is neither dumb nor naive. The man affectionately referred to as “Njamba” has also demonstrated a keen understanding of history, especially Kenya’s. It would be very unfortunate were he to repeat the mistakes of his father on this very issue of land ownership by allocating or granting land to people in a manner that may be construed as favoring political supporters and with an eye towards upcoming elections.

At the risk of repeating myself, it is this approach to governance that set Kenya on the path towards the tribal animus that erupted into full-scale violence in 2007 and landed Kenyatta Son in front of Ms. Fatou Bensouda on charges of crimes against humanity.

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Filed under Corruption, Failed State, Governance, IDPs, Justice, Kenya, Land, Land Ownership, Land-grabbing