Tag Archives: Supreme Court of Kenya

Kshs. 700Million is NOT enough!

The utter shock and flabbergast over The Treasury’s request for Shs.700 million “for the purchase of building to house an office for retired President Mwai Kibaki…” is only be superseded by Mr. Francis Kimemia’s response/comment during a phone conversation with the Daily Nation on the subject. President Kenyatta’s Secretary to the Cabinet is quoted as saying that he thought the reporter “would say that the Sh700 million is too little…

Publically stating that seven hundred million shillings or $8.5 million is not sufficient to secure an “office” for an ex-president who is also one of the country’s richest men is akin to telling average and poor Kenyans to “eat cake”. If ever there was a public personality in today’s Kenya that was tone-deaf and completely clueless on the nuances of public relations not to mention the public’s perceptions, Francis Kimemia would be that individual. The man epitomizes arrogance, flippancy and poor administrative skills. The only thing more scary but would not be entirely surprising would be if Mr. Kimemia’s actions are at the behest of his boss President Uhuru Kenyatta or reflect his desires!



The Shs.700million office building proposed for the retired octogenarian is in addition to the following farewell gifts:

  1. A residence in Mweiga, Nyeri complete with an office wing; allegedly his retirement home.
    1. A petrol station courtesy of the National Oil Corporation,
    2. Four fish ponds from the Fisheries ministry,
    3. An aquarium – Huh? The four fishponds are not enouh?
    4. Two dairy cows,
    5. Four Boran bulls. As a lover of mbuzi, kondoo na kuku, I am offended that no one offered the fore-going livestock in addition to the bovines.
    6. A borehole to be sunk in Mweiga by the National Youth Service.
    7. A library to be established by University of Nairobi at the former president’s home. One wonders which home!
    8. A copy of each of the books published by the same university – in English or Swahili?
    9. 10.   And a partridge in a pear tree!! Okay this one is a joke but I could not resist.

Man things have certainly changed since the days of a golden watch, a potluck and an out-of-tune round of “for-he-is-a-jolly-good-fellow” when one retired!

Added to the fore-going list that rivals the one compiled by the Three Wise Men who travelled from the east bearing gifts for Baby Jesus, the package put forth by the Presidential Retirement Benefits Act also entitles the retired president to Sh195,000 in monthly fuel allowances or 15 per cent of his last salary of Sh1.3 million a month and a house allowance of Sh299,000, not to mention the lump sum payment of one year’s salary per term served or the equivalent of at least Sh25.2 million!

The listed cart of goodies does not even take into account the wealth Mr. Emilio Kibaki has accumulated over the years, especially after independence. The former president was among the lucky few who helped themselves to more than their share of “matundu ya uhuru” during the corrupt 60s & 70s and the sycophantic 80s and 90s when he was the MP of Bahati, Othaya, Permanent Secretary/Minister for Finance & Economic Planning and Vice President respectively.

Mr. Kibaki then spent the five (5) years between 2002-2013 as the Big Man or president who “toshad” as in “Kibaki Tosha” and was supposed to rescue Kenya from the scourge that was Daniel Arap Moi’s quarter century reign of terror. One word, albeit hyphenated and an acronym summarize Mr. Kibaki’s two terms in office: Anglo-Leasing and PEV. During his first term in office, the trained economist presided over one of the largest scandals in Kenya’s unchallenged history of corruption scandals. Anglo-Leasing, as the scandal was referred cost the country an estimated Kshs. 3billion. The scandal also touched the innermost sanctums of ‘Baba Jimmy’s” administration and tarnished his staff including very senior members such as Kiraitu Murungi, David Mwiraria and Chris Murungaru. Mr. Kibaki’s second term in office inauspiciously started off with a dusk time swearing-in ceremony attended by a posse of sycophants even as the country was erupting into tribal violence protesting the rigged election results. It is the violence after the elections of 2007 that give birth to the acronym PEV – post-election violence.

The one ray of hope to emerge from this blatant attempt at fleecing the public coffers albeit legally is the intervention of the National Assembly’s Budget Committee whose members rejected the request. I say “ray of hope” because the chairman of the Budget and Appropriations Committee Mr. Mutava Musyimi told the Treasury “to go back to the drawing board and come up with other options ‘affordable’ to the taxpayer”: A Pyrrhic victory if ever there was one because it gives Mr. Kimemia and his band of accountants and lawyers another crack at weaseling the Shs. 0.7billion from the public who already took it on the chin thanks to the first “digital” budget!


Even more perplexing is the fact that Mr. Kibaki, the so-called “urbane and sophisticated gentleman of Kenyan politics” and recipient of the basket of goodies has not been heard from on the propriety and probity of such lavish goods amidst the belt-tightening and poverty in the country. Similarly, his successor Mr. Kenyatta has been noticeably quiet on the subject of his predecessor’s gravy train even as his Cabinet Secretary stumbles and bumbles from one scandal to another and his Finance Minister asks Kenyans to pay Value Added Tax (VAT) Bill in his just announced 2013 budget, a bill that seeks to impose a 16 per cent tax on basic commodities including sifted maize flour, sanitary towels, newspapers, journals and periodicals, rice, wheat flour, bread, computers and computer software, and processed milk.


I hate to sound like a broken record but choices have consequences and try as the jubilant supporters may, the consequences of their choice of Uhuru Kenyatta and William Ruto are fast becoming apparent and not in the most-positive of ways.


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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.


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.”


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.”


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!


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