Tag Archives: PEV-2007

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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Filed under 2013 Presidential Elections, Corruption, Democracy, Elections, Governance - Kenya, Justice, Kenya, Law & Order, Politics

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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Filed under 2013 Presidential Elections, Corruption, Democracy, Governance - Kenya, IDPs, International Criminal Court - ICC, International Relations/Global Issues, Justice, Kenya, Law & Order, The Hague

People In Glass Houses…

I have just finished reading Ms. Rasna Warah’s piece titled How American governments and corporations colonised oil-rich stateshttp://www.nation.co.ke/oped/Opinion/How-American-governments-colonised-oil-rich-states/-/440808/1850318/-/eo9yfxz/-/index.html – and could not resist creating an anagram as follows:

I replaced the words “American governments and corporations” from Ms. Warah’s article with the words “Kenya’s leaders and politically-connected elites”. I then replaced her term “oil-rich states” with my term “country’s wealth and resources” to formulate the title of my piece: How Kenya’s leaders and politically-connected elites colonized the country’s wealth and resources.

The similarities between how America and Kenya co-opted, bullied and in some cases eliminated opposition in their unrelenting quest for economic resources is uncanny and very eerie! The former (America) executed its “economic hits” in faraway locales; mostly 2nd and 3rd world countries against the Arabs, Latin Americans, Indonesians and Africans. The latter (Kenya) executed its ruthless plunder within its borders, primarily against Kenyans!  Exposing the looting and accumulation of Kenya’s resources by its politically-connected elites should be the unyielding focus of Ms. Warah and her peers (journalists and opinion-makers). That Kenyan taxpayers are just about to shell out over kshs. 4billion to one Kamlesh Pattni of the Goldenberg scandal fame is confirmation that the country and its leaders are yet to effectively deal with the tri-problems of corruption, political patronage and impunity.

The good book, also known as The Holy Bible writes, and I paraphrase: “Let s/he without sin cast the first stone.” A different version of the fore-going verse states: “Why look at the sliver in your brother’s eyes when there is a log in yours?” As a country, we have lulled ourselves into complacency and the belief that “we may be corrupt, but we are not as corrupt as Nigeria!” Kenyans have bought into the analysis that their country is “an oasis of peace and tranquility in the midst of failed states and dictatorial regimes.” I would argue that Ms. Warah’s article, continuing the fore-going meme, is a red herring: A disingenuous diversion from the evils perpetrated by Kenyan leaders against the very people they are sworn to serve and protect. In my opinion, the focus should be on how Kenya’s leaders and its populace have failed to put “their house in order” by learning from (a) their history and (b) the trajectory of other countries, including America, before casting aspersions (on others)! If the intent of Ms. Warah’s piece is to caution Kenya and her leaders against embarking on the path charted by America and her leaders in their never-ending search for resources, then it is not as clearly stated as I believe it should have been; coming at the very end of the piece albeit shrouded in cautions, not against the corruption and impunity of Kenyan leaders, but against the “imperial ambitions” of the “powerful Chinese government.”

Let me insert a line that has become a standard repartee in my postings given some of the responses I have received: I am neither an apologist for, nor do I blindly sing the praises of the “great satan” America. I am not a “runaway Kenyan” as someone recently called me! My history of calling out America’s sordid past and her hypocrisy is well-documented not only in previous postings, but in my self-published memoir Wuodha: My journey from Kenya to these United Stateshttp://www.friesenpress.com/bookstore – self-published because I can already see comments alluding to my works as being “funded by wazungu” as has befallen the likes of Maina Kiai, Prof. Makau, J. Githongo and others who have chosen not to “move on!” As for being a “runaway Kenyan,” I don’t even know what means and efforts to get clarification from the purveyor of that characterization are yet to bear any results – the originator having gone silent – inexplicably – after beginning the exchange with gusto!

I have a copy of Mr. Perkins’s book and I do agree with Ms. Warah: It is indeed a riveting read and does capture the insidious nature and treachery of the US government. A great accompanying read for Mr. Perkins’ book would be Ms. Amy Chua’s World on Fire: How Exporting Free Market Democracy Breeds Ethnic Hatred and Global Instability. I also have a copy of Michela Wrong’s It Is Our Turn To Eat: The Story of a Kenyan Whistle-blower co-written with former head of Kenya Anti-Corruption Commission (KACC) Mr. John Githongo. Additionally, I have copies of the following must-read books documenting the insidiousness and treachery of Kenya’s leaders: The Risk Of Knowledge: Investigation into the death of Robert Ouko by William Cohen and E.S. Atieno Odhiambo, Kenya: Between Hope and Despair, 1963-2011 by Daniel Branch and Kenya: A History since Independence by Charles Hornsby  Finally, let me also direct those interested in preventing Kenya’s leaders from emulating the American leaders whose policies are described in Mr. Perkin’s book to the Kroll Report on Corruption in Kenya (http://wikileaks.org/wiki/KTM_report.pdf, the report by Waki Commission (http://humansecuritygateway.com/documents/WAKI_Kenya_Post-ElectionViolenceReport.pdf) and finally, the Akiwumi Report (http://www.hrw.org/news/2002/10/31/kenya-report-politicians-fueled-ethnic-violence)

The very evil Ms. Warah (and Mr. Perkin) accuse American leaders of perpetrating in pursuit of the country’s interests are the very evil perpetrated by Kenya’s leaders since independence, some would argue in pursuit of selfish/personal interests. I would also argue that the one difference between illegal activities by past American leaders and illegal activities by Kenyan leaders is that the latter conduct their nefarious acts with impunity that is near-total, in broad day light AND with the acquiescence of the very institutions designed to check and balance one another! Mr. Kamlesh Pattni, a friend of Kenya’s rich and powerful has just been cleared of any wrong-doing by the High Court even though the evidence that he master-minded the Goldenberg scheme that cost the country over kshs. 5billion and almost brought down its economy is overwhelming! And as mentioned above, in an act akin to rubbing pepper onto an open wound, said Mr. Pattni is set to pocket Sh4.2 billion if the ruling of Ghanaian judge Edward Torgbor on the matter of Kenya Airport Authority (KAA) vs. Kenya Duty Free (KDA) stands! Like they say stateside: The guy Pattni has huevos!

http://www.nation.co.ke/News/Not-again-Pattnis-new-Sh4bn-scandal/-/1056/1849756/-/14axo7az/-/index.html

Using information from the books and reports referenced above, one can offer a point-by-point listing of actions by Kenya’s leaders that mirror the actions of American policy makers that are described in Mr. Perkins’ book. From the grabbing of land; an issue at the center of the post-election violence referenced in Mr. Waki’s report to the assassination of J.M. Kariuki and R. Ouko, allegedly because the two were privy to corruption at the highest level of the Kenyan government – ivory poaching and kickbacks related to revitalization of the molasses plant (in Kisumu) respectively – not to mention the practise of inflating, then skimming off monies from government contracts and World Bank/IMF loans, Kenya’s post-independent leaders have plundered the resources of the country since they took over from another plunderer – the British – with the same impunity that Ms. Warah accuses US policymakers of! Kenya’s leaders have lied to and manipulated international donor organizations who then gave them loans/financial aid, ostensibly for the country, that were then skimmed into personal accounts and the balance used to buy political support thereby prolonging their stay in power! The foregoing behavior of Kenya’s leadership compares point-for-point with that of the “evil” USA in their relationship with the leaders and countries of Latin/South America or Asia!

The same conclusion arrived at by Ms. Warah applies in either situation. To paraphrase Ms. Rasna Warah: American/Kenyan leaders not only got the contracts/loans for the projects, they also ensured that these proceeds from the (host) countries and lending institutions were used to serve their selfish economic and political interests.

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Filed under Corruption, Democracy, Governance - Kenya, International Relations/Global Issues, Justice, Kenya, Politics

Kusema Na Kutenda – To Say and To Do!

The post-election/campaign tone and messaging of President Uhuru Kenyatta is markedly different than the tone and messaging during the just-concluded presidential campaign, especially immediately after the International Criminal Court (ICC) confirmed charges against him and his deputy Mr. Ruto. The president’s tone sounds more inclusive and atribal. It sound magnanimous and humble and indicative of someone who is coming to terms with the gravity of the office he now holds. In a recent visit to Mombasa, a region that voted overwhelmingly (76% vs. 20%) for his opponent Raila Odinga, The Daily Nation issue of April 26 quotes Mr. Kenyatta as saying that he wants to be “president of all (Kenyans) and work with all for (the) benefit of this nation.” 1 It is a sound bite that sounds great but is markedly different than the subtle and seemingly negative messages delivered at his campaign rallies where he spoke in a dialect spoken/understood by less than 20% of the very populace he claims he wants to work for! 2.

While it is normal for politicians to “reset” their messaging from the campaign and move towards the moderate center once the elections are over, they (politicians) come across as disingenuous when they go from one extreme end of the spectrum to the other on an issue. In the charged and divided polity that is post-2007 Kenya, an environment he helped create by running the type of campaign that his Jubilee Coalition run, Mr. Kenyatta has his work cut out out for him.

1 – http://www.nation.co.ke/News/politics/Ill-serve-without-discrimination-Uhuru/-/1064/1758884/-/cpou6w/-/index.html
2 – http://www.youtube.com/watch?feature=player_embedded&v=F1rneGyRCcw

For starters, Mr. Kenyatta needs to beat the charges of crimes against humanity he is facing at The Hague, not by trying to circumvent the process, but by letting his high-priced and “foreign” legal team go face-to-face with Ms. Bensouda’s team. I want an objective hearing of the available evidence surrounding the post-election violence of 2007 by a judicial body (ICC) that is not prone to the manipulation Kenya’s judiciary is known for. I want the people who were victimized to have their day in court without fearing for their safety before and after the proceedings. If Mr. Kenyatta and Mr. Ruto are as innocent as they claim to be, then the evidence will bear that out. I doubt that the ICC/West wants to be embroiled in another Omar Bashir-like situation given the verdict of the Kenyan voters; one that was confirmed by their Supreme Court. However, I hope that they (west) continue to hold Mr. Kenyatta’s feet to the fire until the (ICC) process runs its course fulfillment of the prophesy of the felled Mugumo Tree notwithstanding.

It is unfortunate that the nationalism and jingoism reflected by some comments in cyberspace prevents some Kenyans from facing the fact that the country’s institutions, the judiciary in particular, have not been free from manipulation by the rich, powerful and well-connected. It is that reality that birthed the cry “Don’t be vague, go to The Hague” and gave the country the Ocampo Six; now reduced to the Bensouda Three! And while I feel that the jingoism and tribal chauvinism will reach a crescendo if Mr. Kenyatta (and his deputy Mr. Ruto) is eventually cleared of charges at The Hague, I also believe that clearing his name AT The Hague is THE one sure way of inoculating the first government coming after the carnage of 2007 elections and the country’s supposedly “independent” institutions from charges of excessive manipulation by the hitherto “untouchable” rich and powerful personalities.

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

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. To quote him: The campaigns are over, it is time to bring the country together. Let me add to that presidential appeal a special plea, a shout-out if you may, on behalf of the IDPs: It has been 5+years already; the IDPs should be re-settled!

https://thetwoninetyonetracker.com/2013/04/11/the-things-he-did-not-say/

With over 500,000 acres of prime and arable land under his family’s name, not to mention a net worth of one half BILLION dollars ($500,000,000 – Kshs. 41Billion), Mr. Kenyatta can transform said wealth into an asset, no pan intended! With most Kenyans accepting the evidence and coming to terms with the fact that the president’s father Kenyatta Pere was the “land-grabber-in-chief,” can you imagine if the president’s mother and Jomo’s 4th wife, Mama Ngina, had taken the opportunity to reach out to the internally-displaced persons she met during this photo-op by offering to re-settle them on a section of the half-a-million acres of land her late husband “acquired” instead of literally running away from the question?

The glow and honeymoon over Mr. Kenyatta’s election is fast-coming to an end to be replaced by the Sisyphean’s work of governing a divided polity. As presumptuous as this may sound, I would advise “my brother Uhuru” to dispense with the platitudes and let his actions do the talking:

STOP SEMARING AND START TENDARING!

STOP WITH THE PROCLAMATIONS AND LET YOUR ACTIONS SPEAK!!

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Filed under 2013 Presidential Elections, Elections, Governance - Kenya, IDPs, International Criminal Court - ICC, Justice, Kenya, Politics, The Hague