Tag Archives: Reconciliation

The Hague imefika!

D-Day in the form of H-Day came calling for the junior half of the digital duo on September 11, 2013. Kenya’s Deputy President Mr. William Kipchirchir Samoei arap Ruto, stripped of his eagle-eyed Recce security guards and the trappings and reverence that comes with the second most powerful office in Kenya was paraded in front of a panel of stone-faced judges at The Hague (hence H-Day). Juxtaposed with this comeuppance of an occupant of a hitherto “untouchable” office was the futile and frankly simpletonic vote by the country’s legislature to pull the country out of the Rome Statute that formalized the International Criminal Court (ICC). A basic reading and understanding of the pull-out process by the Jubilee-controlled parliament would have informed this band, presumably of lawyers, that the process to pull out from the ICC takes at least one year from the time the UN SecGen receives the letter formalizing Kenya’s exit from the body. But even more pertinent to the raison d’etre for parliament’s desire to pull Kenya from the ICC is the rule that cases already being heard by the court are not affected by a country’s decision to pull out of the treaty! The charges facing Mr. Kenyatta and Mr. Ruto are already being heard by the ICC

For the 1300+ Kenyans who lost their loved ones and the close to one-half million who bore the brunt of the post-election violence of 2007, seeing Mr. Ruto (and Mr. Sang) being held accountable for the pain and suffering they are accused of fomenting and causing must be cathartic. It is something Kenyans have not witnessed since independence: the high and mighty, stripped of their self-importance and protection, being called to account for the crimes they are accused of.

I will forever say this: The impunity and wanton disregard for the human and civil rights of Kenyans that the country’s elite has acted with over the years finally landed them in trouble; with a force that has more power and deeper pockets than all of them combined; and I am glad!

I have to say that the cases against Mr. Ruto and Mr. Sang could have started out much smoother than they did. Ms. Bensouda appeared unprepared and in a moment that harkens back to the petition filed by Mr. Odinga’s CORD Party, as not helped by a tardy witness and an aggressive and bombastic all-foreign defense team headed by Mr. Karim Ahmed Khan. http://www.nation.co.ke/news/Why+Karim+Khan+stands+tall+among+his+peers+in+battle+/-/1056/1988990/-/143p2cgz/-/index.html Evidence from CORD, for those who care, was famously declared “time-barred” by Kenya’s highest court. And while the ruling was deemed within the guidelines established by the Constitution, it left a bitter taste in the mouths of supporters of CORD who felt let down, AGAIN, by a judiciary geared towards serving the rich and powerful and maintaining the status quo!

Fortunately for the victims of the post-election violence and in a sharp departure from the decision made by Chief Justice William Mutunga’s court re: CORD’s petition, the presiding judge at The Hague Nigerian Mr. Eboe Osuji, while admonishing the chief prosecutor Fatou Besouda for her lack of preparedness, decided to adjourn the proceedings and give Ms. Bensouda time to present her first witness rather than use their tardiness as an excuse to completely disallow their testimony. http://www.standardmedia.co.ke/?articleID=2000093331&story_title=court-adjourns-in-ruto-sang-icc-case I would imagine that the decision by Mr. Osuji, who was the principal prosecution appeals counsel at the Special Court for Sierra Leone in the case of Charles Taylor, the former President of Liberia was based on the import of the case; something most CORDians would have wanted during the presidential petition, a case most, including myself, saw in similar light.

At the risk of sounding glib, given the argument hatched by Mr. Katwa Kigen that the case against his client KASS Radio DJ Julius Sang is an assault on the Kalenjin way of life, I am glad that the case is being tried by an African in a courtroom presided by yet another African! http://www.nation.co.ke/news/Kalenjin+way+of+life+on+trial+says+lawyer+Katwa+Kigen/-/1056/1989102/-/7rd3hcz/-/index.html. The infamous “they” say that justice is blind and that “one’s perception is their reality”. I would pay top dollars to hear the Gambian/Nigerian members of the team prosecuting the case against Mr. Sang call out the race-baiting bull&%@t of a fellow African Katwa Kigen! To quote my ten-year old son, that would be “sweet!”

For all the blustery, confrontational and inflammatory utterances by the two principal lawyers – Mr. Khan and Mr. Kigen – the cases against their clients Mr. Ruto and Mr. Sang will respectively run through their course unimpeded and unadulterated: In the case of the deputy president and his boss the president, the cases will be heard by a judicial body that is so far removed from the sphere of their (executive) influence that ordinary Kenyans could never have imagined.

As written in previous articles, the high-priced lawyers, especially the ones representing the two principals, paid for by the fortunes of the country’s richest family, may successfully argue dismissal or acquittal for both the president and his deputy. If that were to happen, I would not be happy. I would be disappointed because to date, no one would have been held accountable for the death and destruction wrought upon the weak and innocent in Kiambaa, Kibera, Kisumu, Nakuru, Naivasha etc. On the other hand and in a uniquely Kenyan meme, if no one was to be brought to account for the hate crimes that shocked the entire world in 2007/2008, I would most likely join fellow Kenyans who have this strange ability to “accept and move on” from one unpopular and grossly unjust decision to the next so long as their “sons and daughters” remain in power.

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Filed under 2013 Presidential Elections, Elections, Failed State, Governance, Governance - Kenya, IDPs, International Criminal Court - ICC, Justice, Kenya, Law & Order, The Hague, Tribalism, Tribe

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

Acquiescence through Silence

There are so many ways to parse the saga over Raila’s twin encounters with the “over-enthusiastic” civil servants at Jomo Kenyatta International Airport (JKIA) that in my opinion, all lead to the same endpoint:

Preventing the former prime minister from using a lounge supposedly reserved for VIPs speaks to an (Uhuru) administration that talks a good game but is curiously terrified of Raila Odinga’s (next) moves and is also struggling to deliver on the lofty albeit nebulous campaign promise of “kusema na kutenda” especially as the mantra pertains to humility in victory, embracing former political opponents and being a president for ALL Kenyans including those who supported his erstwhile  challenger and nemesis!

In a slight digression, that JKIA has three (3) levels of lounges – State Pavilion, VIP III and Government VIP Lounge – is pretentious obfuscation to be deconstructed on another day in another article!

The letter that formed the basis for denying Mr. Odinga, retired President Kibaki’s co-principal in the Grand Coalition Government, entry into the “aprons of the airport” only reserved for VVIPs that include “retired former presidents of the Republic of Kenya” was written by Mr. Francis Kimemia – President Kenyatta’s Secretary to the Cabinet. The letter was copied to a host of high-ranking members of the president’s men including the Permanent Secretary in the Ministry of Transport, Mr Karanja Kibicho, Interior Permanent Secretary Mutea Iringo, the Inspector General of Police David Kimaiyo, the chairman of the Kenya Airports Authority Mutuma Mugambi and managing director Stephen Gichuki. Finally, the letter was also copied to Mr. Kenyatta’s co-defendant at The Hague and the Deputy President Mr. William Ruto.

http://www.nation.co.ke/News/politics/Raila-blocked-from-airports-VIP-lounge/-/1064/1871588/-/se2mgj/-/index.html

http://www.nation.co.ke/News/Raila-caught-in-fresh-VIP-lounge-drama/-/1056/1873606/-/15eqqio/-/index.html

One would forgive the actions of the ubiquitous “over-enthusiastic” underlings if they applied a Spartan reading and interpretation of the Secretary’s letter. However, given Mr. Odinga’s gravitas, history, popularity and some would say notoreity not only within the country, but arguably globally, interpreting Mr. Kimemia’s letter to include denying the former Prime Minister access to the lounge reserved for “very very important people” is an unlikely scenario and frankly very audacious of the hapless civil servants caught in middle of the silliness of their leaders. Similarly, I would argue that any claim that Mr. Kenyatta was not aware of such a significant decision; one adversely impacting one of the country’s most visible personalities by a member or members of his administration, including his deputy is asking even his most rabid supporter to suspend belief and lose credibility/objectivity in the process. Now if the president was truly unaware of a decision that basically barred his closest opponent in the 2013 election and former president Kibaki’s co-principal from a privilege reserved for the “most important of persons” then that opens a Pandora’s Box of questions; most regarding the quality of service the president is receiving from those around him including the following:

  • Are the individuals listed above that incompetent or so tone-deaf that they did not foresee the furor resulting from the content of the letter they appended their names to?
  • And if they foresaw the uproar, why did they proceed with the decision?

http://www.nation.co.ke/News/politics/The-letter-used-to-lock-out-Raila/-/1064/1877450/-/9dkfqq/-/index.html

http://www.jambonewspot.com/forces-behind-raila-airport-vip-lounges-woes-revealed/

You can tell a lot about someone by the way they act/behave in victory and in defeat. The issue for me is the on-going arrogance and hubris of those around Mr. Kenyatta and by extension, Mr. Kenyatta himself. In the piece titled “Getting His Groove?” I wrote that “…the president and his deputy should worry more about the advice offered by those around them than about what Raila and Kalonza will do next. Kenya’s history is littered with presidential aides and others with access to the corridors of power who acted selfishly by lining their pockets and fattening their bank accounts while claiming to act on “behalf of Bwana Mkubwa” or “The Big Man.” It is the actions of these selfish individuals that tend to erect a bubble/filter around the president thereby alienating him from the plight of everyday citizens.” I can now insert actual names of presidential aides and those around the presidency who act selfishly. I also still hold the preceding sentiment re: being wary of those around the presidency to be the case though I will now add that Mr. Kenyatta is not helping himself by keeping quiet when those in his employment – Messers Kimemia, Karanja Kibicho, Mutea Iringo, Mutuma Mugambi and Stephen Gichuki – come across as incompetent, vindictive and petty buffons.

The president’s silence on the disrespect shown Mr. Odinga at JKIA not once, but twice speaks volumes and can be filed under the heading those who refuse to speak out against an injustice are as guilty as those perpetrating the injustice – so goes the saying. Mr. Kenyatta’s silence is tacit approval of the actions of the “over-enthusiastic” civil servants. In failing to come out unequivocally against the disrespect shown Mr. Odinga by the airport employees, based on interpretation of a letter from the Secretary of Cabinet and copied to the deputy president and a host of other senior members of the Kenyatta administration, I can see the germination of the very “kitchen cabinet” that formed the sycophancy that was the hallmark of Mr. Kenyatta’s father’s presidency and that of his mentor Mr. Arap Moi.

Not a good sign.

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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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