Tag Archives: Law & Order – Kenya

Where there is smoke…..

For a man who was once an esteemed and invaluable member of Kenya’s now-ostracized civic society, Chief Justice Dr. Willy Mutunga is beginning to sound like the very sycophants he valiantly fought against back in the days as a student activist and founding member of the University Staff Union (USU) at the University of Nairobi. The Chief Justice’s tendency to respond, publicly and near-instinctively, to nearly every social media commentary by every Otieno, Kamau, Ole Mpaso, Makau, Mbela and Omwami – my Kenyan equivalent of every Tom, Dick and Harry – is not only beneath his office (of Chief Justice), it is also very telling.

http://www.nation.co.ke/News/CJ-Mutunga-denies-bribery-claims-during-Railas-petition/-/1056/1761342/-/7h5e2g/-/index.html

I am surprised that Mr. Mutunga does not have a “thicker” skin or that he did not see this onslaught of criticism coming in the wake of the ruling on the just-concluded petition filed by Coalition on Reform and Democracy (CORD). Add to the ruling which effectively dismayed and alienated if not out rightly angered approximately 50% of the voters, the manner in which the ruling was arrived at and delivered to the eager public and the apparent tone-deafness of the Chief Justice of Kenya’s Supreme Court is actually very disturbing! In a previous article titled Be Sage; Push for The Hague, that argued for keeping the proceedings for the charges facing Mr. Kenyatta and his deputy Mr. Ruto at The Hague instead of moving them to Kenya, I wrote that “I do not put it past the richest man in the country indeed one of the richest in Africa, Mr. Kenyatta, to use his family’s considerable wealth to buy the acquiescence of the Kenyan Supreme Court ergo his outright freedom or considerable reduction in repercussions stemming from the charges.”

https://thetwoninetyonetracker.com/2013/04/14/be-a-sage-push-for-the-hague/

In light of the allegations the CJ is pining about; it is not far-fetched to amend the foregoing quote to read thus: I do not put it past Mr. Kenyatta to use his family’s considerable wealth to pay the justices of the Supreme Court, including Mr. Mutunga, to rule in his favor in the petition filed by CORD! Frankly it was a thought I had while writing the preceding article on the proceedings at The Hague but did not want to come across as a conspiracy theorist extraordinaire!

Why would the allegation that the CJ was bribed by a yet-to-be-named source cause someone who presumably defended a doctoral thesis and is described by Wikipedia as an “intellectual, reform activist” cause him, Mr. Mutunga, “anguish?”
Regarding the CJ’s hand-wringing, the saying “where there is smoke, there is fire” comes to mind. So does Ogbuefi Idigo’s line “a toad does not run in the daytime for nothing” from author Chinua Achebe’s masterpiece Things Fall Apart (Page 20).

Frankly the CJ’s behavior over the past four weeks do not square up with the behavior of someone who famously told the Judicial Service Commission that he wears an ear ring not because of his sexuality but because of his spirituality. The then-candidate for the position of Chief Justice added that there is no way he can remove the ear ring even if he becomes the Chief Justice: He then concluded by saying that if he was told to remove said ring as a condition for getting the job of Chief Justice, he would tell the panel to “keep the job.”

http://mobile.nation.co.ke/Why-former-detainee-won-race-for-CJ/-/1292/1162218/-/format/xhtml/item/3/-/9xwjqk/-/index.html

This may sound a tad harsh, but Mr. Mutunga is acting like a man whose conscience is troubled! The CJ’s claim that he was “most hurt” by the allegation that he had been bribed during the Presidential Petition is, for lack of a better word, lame; definitely not commensurate with the weight of his position! For a man who heads the third co-equal branch of government; to wit access to the investigative muscle of said institution – the Judiciary – the claim that he “did not know where to turn”, presumably when the allegations that he was bribed surfaced, is equally unbecoming of a man who stared down the Head of Public Service Mr. Francis Kimemia when he was barred from boarding a flight and travelling to Dar-es-Salaam until he got a clearance letter from his (Mr. Kimemia’s) office!

http://www.standardmedia.co.ke/?articleID=2000077802

Memo to Mr. CJ:

Life is not fair; just ask Raila Odinga! The vitriol and criticism, indeed the hate spewed by all sides of Kenya’s political divide, especially in the CJ’s favorite medium – cyberspace – comes with the office. It is also part of the vibrant and open (democratic) society you and the likes of Maina Kiai and Makau Mutua fought for; suffered for!

The churlish reaction of the York University’s Osgood Hall Law School Doctorate of Law grad to the allegations of bribery – that his office has “been the target of attacks, slander, libel and outright indecent, vulgar and unacceptable abuses,” especially in the social media belies the CJ’s constant, repeated and I would argue, savvy use of the same (social) media to make proclamations, including announcing the single most important ruling of his court – the decision on the Presidential Petition! Can you say TOUCHE?

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Filed under 2013 Presidential Elections, Corruption, Democracy, Elections, Governance - Kenya, International Criminal Court - ICC, Justice, Kenya, Law & Order, Politics, The Hague

To Serve and To Protect ALL Kenyans

Some of the comments in response to the article titled “Police siege on Kisumu and Kibera fuelling ethnic hate” written by Otieno Otieno in the April 20 issue of the Daily Nation reflect an ethnic chauvinism that is reminiscent of the racial animus and stereotyping common amongst conservative white Americans towards African-Americans and Latinos here in the US. Comments by bloggers such as Magu Wa Maitha, Mtadao, Frankyzilla, Njanemuiruri, Pikipiki, Zeki Timona and Oldframe that characterize fellow Kenyans as “stone-throwers” or as “having “genes…that invite rioting” or display “the phenomenon of overreacting emotional characteristic..” are similar to the stereotypes that describe others as “thieves” or “dumb”. It is the same bigotry that contends that Blacks are “lazy” and “like water melons and fried chicken”: The same stereotyping that characterizes whites as “serial killers” who like any one of the one hundred and fifty “stuff” listed in Christian Lander’s book Stuff White People Like! To put it bluntly, stereotyping is ugly and idiotic. The behavior should have no place in any discourse – public or private – and those promoting such views should be called out by those of us who want a society where people are judged by the content of their character and not the color of their skin nor the tribe from which they hail.

The bloggers making the argument that the heavy-handed approach to law enforcement by the police, General Service Unit (GSU) and other presidential security personnel is to be expected during “preparation for a presidential visit” or in response to the unlawful behavior of a small section of the population are part of the “law and order” crowd in the mold of William Bratton, Bernard Kerik, Benjamin Hinga, John Michuki, Darryl Gates, Patrick Shaw etc. The strong-arm approach to law enforcement by these law enforcement professionals may have garnered them short-term positive results in New York, Nairobi, or Los Angeles. The same tactics however alienated the very communities they were supposed to be ridding of the crime and illicit activities; the very communities whose inhabitants ended up bearing the brunt of said tactics. I abhor violence and do not condone the culture of “No Snitching” i.e. the unspoken rule amongst some communities to avoid giving law enforcement any information that may help them during investigation of a crime. On the other hand, I can see how police brutality, not to mention fear of retaliation by the perpetrators would foster such counter-productive behavior. It is my opinion that the onus is on those with the power, in this case the police, to break the cycle of brutality and abuse of power so that those they are sworn to serve and protect see them not as enemies, but as friends. The evidence in favor of community policing – systematic use of partnerships and policing techniques that proactively involve the community in addressing conditions that create crime/public safety issues – is overwhelmingly favorable.

I have been within a couple of feet of the “rope line” as former President Clinton “pressed the flesh” in Washington DC i.e. shook hands with the public just before boarding Marine One then Airforce One on his way to Morocco for the July 1999 funeral of King Hassan. In fact, my partner at the time, being from DC, was blasé about the presence of POTUS and inadvertently crossed the security line thereby “contaminating” the previously “sterile” security zone. The ever-present and alert Secret Service personnel hardly flinched or panicked when my friend entered the “sterile zone.” The agent closest to us lifted his left wrist to his mouth and said something into a microphone hidden under his sleeve. He continued to monitor the crowd paying extra attention on me, my partner and her five-year old nephew. I told my friend that she had crossed the security line just as the agent firmly but politely told her to “get back behind the rope ma’am” while simultaneously instructing all within earshot alternately to “keep both hands in front of you and visible please” and “let me see both your hands please.” The agent was calm, professional and efficient. He was also courteous. Needless to say, we all complied, quickly putting our hands in full view of the agent as instructed. I was also impressed with the cool and efficient manner in which the agent handled the breach. Granted not all security breaches go down as I observed on that day but the point is the manner in which this particular episode was handled by the Secret Service (law enforcement personnel) and the indelible and positive impression their professionalism left on me.

The history of acrimony between African-Americans and Latinos on one side and the predominantly white police/law enforcement establishment here in the US on the other side did not happen in a vacuum. The anti-police/anti-authority mind-set that Black American and Latino male have towards the “men in blue’ was caused by the well-documented history of racist behavior and racism within those institutions. Google “Rodney King,” Darryl Gates” and “LAPD” and see what pops up. These same institutions have also made great strides in improving relationships with the communities they serve, not by sweeping their sordid past under the rug, but by opening themselves up to criticism, objective and otherwise from those who were victimized by their brutality and resultant cover-ups. I would also argue that the animus that some communities in Kenya have towards law enforcement and the institutions therein did not happen in a vacuum. Kenya Police, GSU, CID/Special Branch, Nyayo House are law enforcement institutions in Kenya that have a long, sordid and terrifying history of botched and disproportionate responses to peaceful or boisterous and tense gatherings, shoddy and non-investigations of corruption, torture and assassinations not to mention the rampant acceptance of “kitu kidogo” or bribes that one would have to be wilfully naïve and ignorant to disregard said history in any analysis of law enforcement in Kenya.

And before I get mail accusing me of peddling racist, tribal or anti-police views, let me state categorically that the point of this piece is not whether or not Kenya’s law enforcement can do its work by investigating and arresting law-breakers or “stone-throwers” as Luos are derisively called by some commenters. The main point of this piece is to highlight the manner in which the police/authorities have discharged said responsibilities over the years and the consistency with which enforcement has been exacted from one group to the next. Evidence, while sketchy and not as well-documented as it is stateside points to a Kenyan law enforcement establishment that over the years, has been over-bearing, punitive, selective in enforcing the law, corrupt, and a “matundu-ya-uhuru” to be doled out to cronies and tribesmen/women of those in power. The resulting politicization of these institutions is evidenced in the afore-mentioned shoddy investigations of corruption, torture and assassinations not to mention the rampant acceptance of “kitu kidogo” or bribes and a recent addition – extra-judicial killings.

Until ALL Kenyans feel that law enforcement and those who oversee those institutions are impartial arbiters of law and order determined to serve and protect them without discrimination, the anti-police sentiment that is all too common among some communities in Kenya will continue unabated.

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Filed under Corruption, Democracy, Governance - Kenya, Justice, Kenya, Law & Order, Tribalism, Tribe