Tag Archives: Uhuru Kenyatta

Kenya’s War on Extremism: A Slippery Slope

That was an interesting photo-op of President Uhuru Kenyatta and diplomats from the much-maligned “western imperialist powers” United Kingdom, US, Australia and Canada on April 5, 2014. The respective diplomats Dr. Christian Turner, Robert Godec, Geoff Tooth and David Angell all paid a courtesy visit to Mr. Kenyatta at State House Nairobi, a visit whose timing could not have been spot-on given the country’s apparent inability to deal with the violence perpetrated by extremisms in their midst; home-grown extremism if you will.

Visibly absent and I will add silent thus far as Kenya faces the scourge that is violence driven by radicalism is its new BFF China. I would imagine that the Chinese, who also have their own problem of (Uygar) extremism, are on board with Kenya’s fight: A public pronouncement of that support would be nice unless I missed one.

The challenge for Kenya and Mr. Kenyatta remains adherence to its constitution and all that is enshrined therein: civil/human and religious rights while protecting ALL its citizens.

Based on the government’s recent utterances and actions, I would argue that Kenya’s leaders are desperately trying to thread the needle between these oftentimes conflicting ideals. It is a task made even more daunting by a country whose past is littered with isms of many permutations and has potential fault lines along said isms which can and have easily been exploited thus making its stability tenuous at best. It also does not help that Kenya finally has a constitution-based/driven democracy that is still struggling to find its land legs.

ALL communities in Kenya form the mosaic, the fabric that is Kenya. ALL these communities also have a solemn responsibility to flush out any extremism in their midst be it Al-Shahaab sympathizers or adherents to the Mungiki or any other indigenous and tribal-based extremist groups within the country.

Beyond focusing on the “clear and present danger” posed by the visible and tragic actions of a few, Kenya and Kenyans have an equally solemn responsibility to avoid sweeping bigotry and stereotyping that puts the onus on members of any one group to prove that they are “good people” as one blogger put it. The foregoing brings to mind the silliness of “real Americans” vs. “un-real or fake Americans” birthed and peddled by GOP extremists here in the US. Such a mindset is akin to asking all Luos to prove that they are not “stone-throwers” or asking all Kikuyus to prove that they are not sympathizers of the Mungiki. The notion that there is something wrong with Mr. Aden Duale’s protestations against the actions of the government he serves for making sweeping indictments against a community/region he represents puts Dr. Martin L. King’s caution about the silence of the majority giving tacit approval to the hatred of a minority on its head.

Few would doubt that the country of my birth Kenya and most of her citizens have been steadfastly unequivocal against intolerance and hatred. However, Kenyans have also been party to evil and hatred predicated on perceived differences as recent as the post-election violence of 2007/8.

I have always believed that the anonymity of the internet provides a window through which one can get an unvarnished view into the soul of any society albeit a narrow one: To wit, the notion that there are some who have zero compunction about referring to entire groups as “cold blooded idiots…and…evil comrades who don’t even respect house of worship…are filled with irrational hatred and rage…” further telling another that “…your kind are not capable of human feelings…your evil parasites who hide underground like ravenous rodents” maybe the opinion of some misguided and angry individual(s) whose identity is “protected” by the internet – Edward Snowden anyone?

The problem occurs when a watered down variant of the foregoing hate-speech is echoed by the authorities.

Mr. Kenyatta and his ruling Jubilee Party are at a cross-road regarding Kenya’s fight against radicalism and extremism. Far from being the election-cycle driven ethnic violence most Kenyans expect and are macabrely immune to, the current spate of bombings and wanton violence against civilians including a one-and-a-half year old baby is well outside the election cycle. The violence has a religious dimension to it. And in a near-perfect storm, the violence is playing out in a polity whose citizenry has allowed its politicians to play up and prey on their differences (tribal/ethnic) to hold on to power and “eat”!

I do not have any answers on how Mr. Kenyatta should deal with the religious-fueled violence facing his struggling administration. I do know that playing the “religious card” as some in my adopted home tried doing shortly after 9/11 is a slippery slope that the president and Kenyans would be well-advised to steer clear of.

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Never Again – Until Next Time

Back in September of 2013, I wrote a piece titled “The Hague Imefika” or “The Hague Has Arrived” where in response to the erratic commencement of the crimes against humanity cases against the three Kenyans charged, I offered that the cases against the deputy president Mr. Ruto could have started out “much smoother” and that Ms. Fatou Bensouda appeared “unprepared” to begin the cases. I also wrote that the high-priced lawyers, especially the ones representing the two principals, may successfully argue dismissal (of the cases); even acquittal for both the president and his deputy.

https://thetwoninetyonetracker.com/2013/09/18/the-hague-imefika/

In this updated reading of the tea leaves, I am offering that several recent developments all point to the possibility I reluctantly theorized late last year when the trials begun: That one of the two principals may be acquitted or have their case fully dismissed based on the following:

  • The January decision by the Chief Prosecutor to adjourn the case against Mr. Kenyatta, ostensibly to give her time to “obtain additional evidence and consider whether such evidence will fully meet the evidentiary threshold required at trial”.
  • The recently announced sequence of meetings held by the court during late January and early February 2014, not to mention the one scheduled for Thursday, February 13.
  • The recent announcement that suspect Mr. Kenyatta is “said to be on the invitation list” for the inaugural US-Africa Leaders’ Summit in Washington.
  • The apathetic mood of Kenyans, indeed Africans, towards the ICC: The accused may be scoundrels but they are OUR scoundrels!

http://www.nation.co.ke/news/politics/Now-Bensouda-wants-Uhuru-case-adjourned/-/1064/2119498/-/nufy37/-/index.html

http://standardmedia.co.ke/?articleID=2000104110&story_title=another-uhuru-meeting-called-at-icc

http://www.nation.co.ke/news/Obama-invites-Uhuru-Kenyatta-to-US-summit/-/1056/2155432/-/14sp3l1z/-/index.html

http://iwpr.net/report-news/kenyan-support-icc-trials-falls

Given the foregoing, it is my opinion that the case against the senior half of the digital duo may be dropped for reasons that have very little to do with Mr. Kenyatta’s innocence and more to do with the politicization of the case as recently conceded by Mr. Ocampo; a scenario most Kenyans should be fully familiar with and that is always in the background in such high profile cases. Additionally, Mr. Kenyatta’s case may be dropped because he and his deputy Mr. Ruto were able to form a convenient and timely union – “coalition of the accused” – between their two populous communities and ride the “tyranny of numbers” to the 2012 presidency and deputy presidency respectively. The move was a masterstroke that dared their accuser – International Criminal Court (ICC) – to prosecute a sitting president and his deputy, the former a son of one of the founding members of Pan-African Movement. Calling their bluff and doing just that put the international organization in the crosshairs of the African Union (AU), an organization with a membership whose conduct, past and present, made the (ICC) court necessary. Sensing that they could be next, the big men of the AU formed yet another union aptly called “coalition of the threatened” less from the desire to do the right thing for their subjects and more out of self-preservation. The rest as they say is history.

As much as I was hoping for all the cases facing the Kenyan suspects to proceed i.e. be presented before the judges and heard to their conclusion replete with presentation of all available evidence, I have to respect, indeed commend Ms. Bensouda’s concession that she does not have the evidence to sustain the case. She does not have the evidence that will “meet the evidentiary threshold required at trial” not necessarily because the evidence does not exist, but because she is persecuting the very persons who control, thus can manipulate the levers that open or close access to said evidence!

The following comments made by the Victims’ Legal Representative Mr. Fergal Gaynor best capture the dilemma that faced Ms. Bensouda. The comments should also give pause to those interested in a Kenya, indeed an Africa where the rich and powerful are not above the law and are held to account by a fair and unfettered judicial process that cannot be blatantly manipulated.  Said Mr. Gaynor:

The fact remains that there was massive obstruction to availability of evidence from phone companies and the government. Nobody wants a conviction based on false evidence.

The Irish barrister went on to say that:

There have been unprecedented levels of witness intimidation and interference. The accused has devoted enormous resources to end the case. The national Commissioner of Police himself was charged but there was no interest in taking evidence which might implicate him. Little wonder that the Kenyatta case has suffered such devastating setbacks

http://www.nation.co.ke/news/politics/Uhuru-kenyatta-ICC-status-conference-bensouda-evidence/-/1064/2193582/-/qgv7naz/-/index.html

Echoing the very sentiments was a piece in the Global Post that wrote:

The five-year-long procedures in the Kenya cases have displayed all the court’s weak points and flaws, including its dependency on state cooperation for evidence collection, difficulties in protecting its witnesses and vulnerability to political pressures.

http://www.globalpost.com/dispatch/news/regions/africa/kenya/140206/uhuru-kenyattas-trial-case-study-whats-wrong-the-icc

Finally, the man who set the ball rolling, the erstwhile Chief Prosecutor of the International Criminal Court Argentinian Luis Moreno Ocampo offered a variant of what the piece in the Global Post and Mr. Gaynor both said:

….the Waki Commission…. gave a lot of evidence on Mr. Ruto and less on the atrocities allegedly perpetrated by Mr. Kenyatta…..(possibly) because Mr. Kenyatta was then in government which made it difficult for the Commission to gather sufficient evidence against him.

http://www.nation.co.ke/news/politics/Ocampo-Envoys-wanted-Uhuru-and-Ruto-out-of-polls/-/1064/2197348/-/14sap7sz/-/index.html

The foregoing assessments are sad indictments on an international community that has at one time or another invariably said “Never Again” in the wake of wide-spread atrocities and extensive human suffering. The post-election violence of 2007 caused the death of 1,300 innocent Kenyans and to-date, most (Kenyans) cannot identify or name any high-ranking official or anyone for that matter who has been brought to justice for said mayhem: I certainly cannot cite a pronouncement by Kenya’s courts pointing to actions against people charged with fomenting the violence of 2007/08.

That Mr. Kenyatta may beat back the charges he is facing at The Hague would be a disappointment, not only to me, but to those in Kiambaa, Kibera, Kisumu, Nakuru, Naivasha etc. who not only lost loved ones, but life-long accumulation of relations and property at the hands of events and individuals allegedly organized and funded by the two principals.

On the other hand and in a uniquely Kenyan and now international community meme, most will “accept and move on” from the tragedy of PEV-2007 to the next one – in South Sudan, Syria, Central African Republic etc.

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Kenya looks in the mirror and sees South Sudan

Kenya’s president Mr. Uhuru Kenyatta expressed regret “…that the crisis in Southern Sudan, which started as a party dispute, had been portrayed as ethnic cleansing by the media, NGOs and others.” Mr. Kenyatta’s red herring came even as Mr. Salva Kiir, president of the troubled country “…called for an end to wanton killings and tribal-based atrocities.” Mr. Kiir’s call for an end to “tribal-based atrocities” belied claims by both Mr. Kenyatta and Mr. Kiir that the conflict between the latter and Mr. Machar is “political and not tribal.”
http://www.nation.co.ke/news/Leaders-seek-to-end-Juba-war/-/1056/2126162/-/geyuso/-/index.html
http://www.standardmedia.co.ke/?articleID=2000100852&story_title=south-sudan-president-kiir-urges-end-to-tribal-atrocities
During the crisis meeting with the council of ministers of South Sudan at State House, Juba, Mr. Kenyatta, in his capacity as chairman of East African Community and ironically, a crimes-against-humanity suspect as well, accused the yet-to-be exposed “media”, “NGOs” and the nebulous “others” of characterizing the conflict between Salva Kiir and his former vice-president Riek Machar as a political stalement even as observers, aid workers and fleeing refugees reported atrocities including the discovery of mass graves, extrajudicial killings and rapes.
http://thelede.blogs.nytimes.com/2013/12/24/in-south-sudan-reports-of-massacres-and-mass-graves/?ref=africa
There is little doubt that the conflict in the continent’s newest nation is between two political rivals Mr. Kiir, who is from the Dinka ethnic majority and Mr. Machar, who is from the Nuer ethnic group; a group whose population is less than the Dinka’s. But as Kenya has amply demonstrated since independence, the conflict is primarily about power, of which political power is but one component. The crisis was sparked by fighting between Dinka and Nuer soldiers i.e. fighting between two distinct ethnic groups. The fighting between soldiers allied to the two ethnic groups then morphed into allegations of a coup, allegedly orchestrated by the ousted former vice-president Riek Machar, against the government of Salva Kiir. This allegation seemingly cemented the ethnic dimension of the conflict that many African leaders including Mr. Kenyatta were/are desperately trying to downplay if not deny outright. Lost in the blame-game and recriminations are the earlier actions of Mr. Kiir who, in July 2013, dismissed his vice-president Mr. Machar and the entire cabinet and went on to arrest the latter’s predominantly Nuer allies.
http://www.nytimes.com/2013/12/27/world/africa/south-sudan-crisis.html?_r=0
The reality is that Mr. Kenyatta, as president of Kenya; a country with a past splattered with ethnic clashes is looking at the conflict in South Sudan and uncomfortably sees the country he presides over. The dynamics of the conflict between Mr. Kiir and Mr. Machar might as well be the dynamics of the conflicts between Jomo Kenyatta and his nemesis Jaramogi Oginga Odinga and the many variants of these two venerable figures of Kenya’s socio-political history. As recent as 2012, Mr. Uhuru Kenyatta himself had to form the Jubilee Coalition, effectively a “coalition of survival” with fellow crimes-against-humanity suspect and deputy president Mr. William Ruto. The marriage between Mr. Kenyatta’s The National Alliance (TNA) party and Mr. Ruto’s United Republican Party (URP) was a coalition that primarily pitted two ethnic groups – Kikuyu and Kalenjin – against a majority of the other ethnic groups in Kenya. And as is the case in South Sudan, distribution of the many permutations of “power” within members of TNA and URP has come under withering verbal attack from within; courtesy of Nandi Hills MP Mr. William Keter. Now as the father of modern war Mr. Karl von Clausewitz said, make that cautioned, war is the continuation of diplomacy/speechifying/policy by other means!
http://www.military-quotes.com/Clausewitz.htm
Before I am called an agitator or something less savory, let me categorically state that efforts at peace and conflict resolution by the delegation from the Intergovernmental Authority on Development and the council of ministers of South Sudan should be commended and supported: They are indeed timely. Mr. Kiir and Mr. Machar should set aside their “personal challenge”…er..make that “personal ambitions” and differences and put the well-being of the people of South Sudan first. Having said that, let me add that few African leaders – past and present – can deal with situations such as the one in South Sudan with the credibility the situations deserve not to mention looking extremely hypocritical like most of them did when trying to claim Nelson Mandela’s legacy.
The cynic in me sees President Kenyatta preaching peace and reconciliation between South Sudan’s Mr. Kiir and Mr. Machar while coalitions in his own backyard are clinging on to tenuous and fragile peace imposed on them by relentless pressure from the International Criminal Court! That Mr. Kenyatta has suggested “power-sharing” between Mr. Kiir and Mr. Machar as an option is the height of irony given the blistering attack the president’s own supporters launched against the power-sharing arrangement, derisively referred to as the “nusu mkate” arrangement, between Mr. Kibaki and Mr. Odinga back in 2008; an option that saved Kenya from further ETHNIC blood-letting even as it landed Mr. Kenyatta and his deputy Mr. Ruto at The Hague. The curmudgeon in me further argues that Mr. Kiir and Mr. Machar survey the regional landscape and see the evolution of Kenya, Uganda, Mali, CAR and the Democratic Republic of Congo and adduce that power indeed comes through the barrel of a gun or through the “tyranny of numbers”; the latter a coalition that effectively blunts efforts to arrest impunity. The two antagonists from South Sudan finally conclude that acquisition of said power enables them to have their turn at the trough of “uhuru” (pun unintended); a calculus unmistakably demonstrated by the father of the person now preaching peace and reconciliation between the warring parties of Africa and the world’s newest nation!
The mirror certainly does not lie.

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Filling Mandela’s Shoes – Easier said than done!

As Africa, Africans and the international community join Mr. Nelson Madiba Mandela’s family and South Africa in mourning his passing; it is very interesting to see leaders of all strips falling over themselves to praise the fallen global icon. Over the years, Mr. Mandela evolved from a detainee; some would say “terrorist” to a prisoner-turned-Nobel Laureate-turned-president-turned-ex-president to a revered international icon whose funeral service commanded a gathering of the world’s most powerful and famous including four American presidents, one whose father is Luo! Madiba’s amazing life, legacy and now passing prompted me to take a closer look at some of the leaders now waxing poetic and eloquently about “their time with Nelson” or “their encounter with Madiba”. Senator Mike “Sonko” Mbuvi even went as far as photoshopping himself in a warm embrace with Madiba! http://www.ibtimes.co.uk/articles/529059/20131210/nelson-mandela-photoshop-legacy-tribute-mike-sonko.html.
Mr. Mandela’s death also got me thinking about past leaders who have been held in the same stead as the man lovingly referred to as “Tata”, who unlike nearly all African leaders of his generation, served only ONE term as president of South Africa then STEPPED down voluntarily! I thought about leaders such as Ghana’s Kwame Nkrumah, Kenya’s Jomo Kenyatta, Tanzania’s Julius Nyerere and Zambia’s Kenneth Kaunda. Of the four Pan-Africanists, only Nyerere and Kaunda voluntarily stepped down from the presidency, the former in 1985 and the latter in 1991. Mr. Nkrumah was overthrown while on a visit to Asia and Mr. Kenyatta died in office, ostensibly on a “working vacation” in Mombasa.
While this piece is not a comparison between the afore-mentioned founders/leaders of the Pan-African Movement and Mr. Mandela, it allows one to place the latter alongside these leaders of yore who have been lionized, indeed deified either by the people they led, the African continent or the larger global community. I will say that the outpouring of love and affection for Nelson Mandela underscores that for a leader/president; especially of an African country, the man’s appeal is singularly unique and deservedly universal. Furthermore, Nelson Mandela’s global appeal is for the best of reasons, not the notoriety of most of his fellow (African) leaders – past and present. Close to one hundred heads of states spanning the entire spectrum of political persuasions attended his funeral services. America’s Barack Obama, the country’s 44th president placed Nelson Mandela alongside such revered figures as fellow Nobel Peace Prize recipients Civil Rights’ leader Dr. Martin Luther King and non-violence advocate Mahatma Gandhi and America’s Founding Fathers. To quote President Obama:
“(T)he struggle here against apartheid, for freedom, Madiba’s moral courage, his country’s historic transition to a free and democratic nation, has been a personal inspiration to me. It has been an inspiration to the world. The outpouring of love that we’ve seen in recent days shows that the triumph of Nelson Mandela and this nation speaks to something very deep in the human spirit — the yearning for justice and dignity that transcends boundaries of race and class and faith and country.”
http://www.nation.co.ke/News/africa/Obama-meets-family-of-ailing-hero-Mandela-/-/1066/1899202/-/bcbd1sz/-/index.html
America’s first black president also led the world in eulogizing the fallen global icon and South Africa’s first black president saying that “It is hard to eulogize any man…how much harder to do so for a giant of history.” In the same memorial service for Mr. Mandela and in keeping with the reconciliatory nature of the man, Barack Obama shook hands with perceived “enemies” of the United States President Uhuru Kenyatta and President Raul Castro of Cuba, much to the consternation, chagrin and wagging tongues of onlookers, pundits and spinmeisters alike.
http://www.nation.co.ke/news/Obama-leads-world-in-celebrating-Mandela/-/1056/2106878/-/qs3mjq/-/index.html
We now see all, including those who rule, have ruled, comport and have comported themselves in ways completely antithetical to what Mr. Mandela stood for tripping over one another to embrace the fallen nationalist and the principles he stood.
The current occupant of State House and crimes-against-humanity suspect Mr. Uhuru Kenyatta said that the former South Africa President “….had taught the world the strong virtues of humanity, which made him stand out.” Mr. Kenyatta went on to add that Mr. Mandela “…believed in the noble principles of equity, justice, cohesiveness and inclusiveness in governance. He had faith and confidence in the ability of his people to realize the dream of a free, united and prosperous South Africa.”
http://www.standardmedia.co.ke/mobile/?articleID=2000099552
Not to be left behind, the junior partner of the digital duo and fellow crimes-against-humanity suspect chimed in with the somber-sounding
“The world has lost a moral example of selfless leadership, a man of courage, principle and honor. The African Continent is poorer without Madiba. We are mourning a father to multiple generations of Africans. Madiba left a legacy of leadership and he was a shining example that we should all emulate.”
http://www.nation.co.ke/InDepth/-/490068/490832/-/hlndic/-/index.html
It is one thing to lather praise about the ideals enshrined in a document such as the Constitution or embodied in the legacy of a man such as Nelson Mandela. It is an entirely different ballgame to live one’s life and govern a polity to said ideals to wit I wonder whether Mr. Kenyatta and his sycophants would embody (honor?) Mr. Mandela by stepping down from the presidency AFTER one term! What of facing a “personal challenge” such as being charged – fairly or unfairly – head on without using a country’s limited resources and goodwill or without playing the “race card” to avoid facing said charges?
President Kenyatta opined rather eloquently that Mr. Mandela believed “…in the noble principles of equity, justice, cohesiveness and inclusiveness in governance…” yet he, Uhuru Kenyatta, is the willing and less-than-noble beneficiary of wealth and privilege, most obtained under dubious circumstances and through the less-than-cohesive and exclusive government of his father Jomo Kenyatta. Add to the hypocrisy of Mr. Kenyatta’s commendations of Mr. Mandela’s legacy of inclusiveness is the exclusivity of his Jubilee government; one whose composition is dominated by the two tribes that gave the party the winning majority in the 2013 elections.
Again I say: It is one thing to blame someone for the sins of their father. It is an entirely different discussion when the person being blamed for their father’s sins embraces, indeed embodies some of the very sins the father is accused of. Born into royalty, Mr. Mandela eschewed the trappings of the royal court and chose instead to lead a humble life “….sharing insights and listening to and learning from others” including those who had imprisoned and tormented him. Mandela grew up to govern South Africa by embracing former South African President William de Klerk; a man whose government continued his detention before releasing him in 1990. Mr. Mandela also embraced a political rival and founder of Inkatha Freedom Party Mr. Mangosuthu Buthelezi; appointing him as his Minister for Home Affairs and as acting president on more than one occasion!
Madiba also exemplified a quality that most leaders in Africa, certainly none of Kenya’s past presidents can even come close to personifying. In a segment on preparations for Mr. Mandela’s burial in his childhood home of Qunu, presenter Gregory Warner of radio station KQED FM88.5 marveled at the lack of ostentation, indeed underdeveloped state of the village of Qunu; ancestral home of South Africa’s first black president and the world’s most revered public figure of his generation! Mr. Warner reported that the roads leading up to Qunu had to be upgraded in preparation for Mandela’s funeral procession because they were not tarmacked and the recent rains in the area had made them virtually impassable! Additionally, Qunu did not reek of the one-sided allocation of developmental resources that was the hallmark of Kenya’s own founding father and his successors.
In response to reports of rampant corruption, cronyism, nepotism, poor governance and wealth disparity that pervades today’s South Africa, the country’s current president and archetypal “Big Man” Jacob Zuma was mercilessly booed by his countrymen/women gathered to pay respect to South Africa’s first black president and the very antithesis of said “Big Man” caricature Mr. Nelson Mandela. Adding insult to injury was the fact that Mr. Zuma was being booed by South Africans who had just enthusiastically cheered America’s first black president and the man Kenya’s current government has chosen to demonize for allegedly conspiring to have its leader (Mr. Kenyatta) and its deputy (Mr. Ruto) face charges at The Hague.
Mr. Jacob Zuma, a man two presidencies removed from Mr. Mandela’s tenure and is accused of unMandela-like behavior including allowing his South African government to support the even more unMandela-like charges both Mr. Kenyatta and Mr. Ruto are shamelessly trying to avoid answering for at The Hague was raucously booed by his countrymen/women even as Mr. Obama, the man whose American government is accused of pushing to have Mr. Kenyatta and Mr. Ruto answer the crimes they have been charged with received a prolonged and warm ovation.
The symbolism reflected in the dichotomous crowd reactions to American president Barack Obama and to the host country’s own Jacob Zuma should give pause to all those tripping over themselves to carry Madiba’s mantle including Mr. Kenyatta and Mr. Ruto. It is indeed a fitting bookend to Nelson Mandela’s legacy of what constitutes acceptable and unacceptable leadership.

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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

Stop Politicizing the (fill in the blank)

President Uhuru Kenyatta has told his nemesis Raila Odinga to “stop politicizing” the land issue. http://www.news24.co.ke/National/News/Uhuru-tells-off-Raila-on-land-issue-20130902 The senior half of the digital duo also lambasted the vanquished head of CORD to stop politicizing the value-added Tax (VAT) recently implemented by Jubilee government. http://www.capitalfm.co.ke/business/2013/09/stop-politicizing-vat-law-uhuru-tells-raila/. And if that was not enough, The Hague-bound Son of Jomo may as well accuse Son of Jaramogi, his father’s chief rival, of engineering his summons, along with his deputy’s, to The Hague! http://www.nation.co.ke/news/politics/How+ICC+and+Raila+created+coalition+of+the+accused/-/1064/1634576/-/2r1hjxz/-/index.html Frankly I am waiting for Mr. Kenyatta and his sycophants to call on Mr. Odinga to “stop politicizing” the Syrian government’s alleged use of chemical weapons against the rebels!

The glaring irony is that the same man accusing his chief political enemy of politicizing land ownership, bread-and-butter/economic issues and the on-going trials at The Hague is in point of fact doing the very same thing: Talk about huevos or chutzpah!

Mr. Kenyatta recently “handed” out title deeds to folks in the voter-rich and CORD-leaning region of the Coast. http://standardmedia.co.ke/?articleID=2000093358&story_title=disputes-stalk-president-uhuru-kenyatta-coast-title-deeds&pageNo=2 I am sure he did this out of the kindness of his heart and not because he was looking ahead to the 2018 elections. That Son of Jomo is incredibly altruistic!

The national budget delivered by Mr. Henry K. Rotich, President Kenyatta’s Cabinet Secretary for the National Treasury on June 13, 2013 outlined the broad development policies of the Jubilee coalition including its commitment to seal “…leakages in our revenue collection…and extending the tax base while ensuring efficiency in public expenditure.”http://www.businessdailyafrica.com/The+full+Kenya+Budget+speech+2013/-/539546/1881852/-/view/printVersion/-/535sgq/-/index.html. I am neither an economist nor an expert on budgetary matters but I interpreted the line about “extending the tax base” to mean implementation of a policy along the lines of a value added tax (VAT) the two scions of Kenya’s political titans are wrangling over.

Finally, the one issue that I would bet my Man U jersey keeps Kenyatta Fils awake at night is the one issue he, Mr. Kenyatta, used as a vehicle to Kenya’s presidency! Upon being accused of crimes against humanity by the Chief Prosecutor of the ICC Mr. Ocampo, Mr. Kenyatta and co-suspect Mr. Ruto formed a “coalition of the accused” and with his mother, Kenya’s former first lady Ms. Ngina Kenyatta leading the various “prayer rallies” across the populous regions of Central and Rift Valley, the two accused transformed the summons to The Hague into a tyranny of numbers all the way to Kenya’s presidency; the ultimate politicization of the charges facing the digital duo. http://www.standardmedia.co.ke/?articleID=2000032591&pageNo=1

UK is beginning to sound like George W. Bush and the Republicans, especially in the wake of the 9/11 tragedy when Son of Bush famously told those who decried his gun slinging response to the event and pursuant foreign policy that “they are with us or against us.”http://edition.cnn.com/2001/US/11/06/gen.attack.on.terror/

 Anyone who questions Mr. Kenyatta’s policies or positions on issues of national import is either “a tool of the west,” “anti-development,” “un-patriotric,” “politicizing the issue” or engaging in some yet-to-be-named nefarious behavior.

Memo to Mr. Kenyatta:

As much as you and your supporters would love for him to go away, Raila Odinga is the face and voice of Kenya’s opposition. Like you, he is a politician and looks at most issues through a political lens. Mr. Odinga is as much a “patriot” and “development-minded” as you are. And incase y’all had forgotten, Mr. Odinga is also Kenyan!

Remind Kenyans again how you and William Ruto ended up winning the presidency, CJ Mutunga’s ruling notwithstanding?

What’s that?

You and Mr. Ruto had a “better vision for Kenya?”

Sure you did…and you were able to wrap that vision in an anti-ICC/anti-The Hague/Xenophobic shuka at the various “prayer rallies” held “throughout” the country all the way to the presidency. By running for the presidency despite the charges facing you and your running mate, you dared the criminal court to try (and convict) the president and deputy president of a member state. And while presidential campaigns are by “political”, you Mr. President have continued to wrap your presidency using the same shuka you used during the (political) campaign. You have continued to draw on the energy generated at the “prayer rallies” during the campaigns by continuing to politicize the issue.

“Jamba”, who recently took a position on charges facing him at The Hague…not as a “personal challenge”, but as the “duly elected president of the sovereign Republic of Kenya”? I will help you out: It is you. Mr. President, you famously said that the charges facing you at The Hague were “personal challenges” that will not spill over into your role if elected to the presidency. http://www.theguardian.com/world/2013/feb/11/kenya-elections-presidential-debate

Well sir you are now the president of Kenya.

That Kenya, ‘ere the decision by The Hague not to run your trial and that of your digital twin Mr. Ruto simultaneously, run the risk of being rudderless were you and Mr. Ruto to face the “foreigners” at the ICC at the same time is the direct result of your politicization of your (collective) charges.

Bw. Rais, it is disingenuous and blatantly hypocritical to accuse Mr. Odinga of “politicizing” issues that matter to Kenya and Kenyans even as you and your sycophants do the same.

Fool me once, shame on you

Fool me twice, shame on me

Fool me thrice; I must be Kenyan!

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Filed under 2013 Presidential Elections, Democracy, Elections, Failed State, Governance, Governance - Kenya, International Criminal Court - ICC, Justice, Kenya, Land, Land Ownership, Politics, The Hague

The massive log in our collective eyes!

I am a Kenyan living in the United States and find the article by Ms. Muthoni Thangwa in the July 29th edition of Daily Nation to be laughable at worst and misleading, not to mention a case of deflection at best.

 http://www.nation.co.ke/blogs/-/634/1929974/-/view/asBlogPost/-/gepjjkz/-/index.html

God knows that America has its faults. This country has a very painful and sordid history; one that it continues to deal with to this very day as evidenced by the events at the center of Ms. Thangwa’s piece. It is a past AND present whose details I delve into in my book Wuodha: My journey from Kenya to these United States. However, the one thing America; the country I have called home for the past thirty-plus years has which the likes of Muthoni and her compatriots can only intellectualize and fantasize about is a system of governance that holds people, including the president of the country, not to mention their friends and family wholly accountable for their actions. And on a slight but pertinent digression, United States of America has institutions – judiciary, legislative, police and infrastructures – roads, railways, and buildings etc. that while far from perfect, make those in Kenya the very embodiment of a banana republic!

I do not agree with the verdict on the murder of Trayvon Martin by George Zimmerman. My disagreement with the verdict is however based on emotional considerations than on legal ones.

The fact is: a young man needlessly lost their life and his killer essentially walked away scot-free! I feel more for Trayvon’s parents and friends. I don’t feel for Zimmerman’s parents or friends. At least they still get to see him – he is alive even though he will forever be haunted by the fact that he took the life of another human – Thou shalt not kill. Finally, and adding insult to injury is the afore-mentioned history of racism and Jim Crowism in America, the south (Florida) in particular that African Americans have endured over the years. I therefore get the perception this verdict has created, not only throughout the world, but even here in America. I also get how the acquittal of Mr. Zimmerman for the murder of Mr. Martin has added to the narrative the Ms. Thangwa is working with. However bone-headed, the verdict was made within the confines of the existing law(s).

Having stated the fore-going, let me also state without any equivocation that Kenyans are as hypocritical a people as I have seen and I am Kenyan! I also know that I am generalizing, the very crime Ms. Thangwa commits in her piece! I also know that two wrongs don’t make a right! To which I say “oh well!”

The same yahoos screaming about racism and bigotry in America will shamelessly hack one another to death because they are “uncircumcised” and/or from the wrong tribe! The very folks shaking their fists at America about “due process” for Trayvon are the same ones who will turn right round and tell those who disagreed with the Supreme Court verdict during the 2013 presidential elections to “accept and move on“. The very Kenyans who bloviate about “human rights for Trayvon…and the hypocrisy of America..blah, blah, blah” are the same ones who will turn right round and throw stones at the International Criminal Court (ICC) for “going after their sons”, sons who are accused of organizing over 1200 Trayvon Martins for the very reason Ms. Thangwa is accusing America of – violating the human rights of the less powerful! Maybe Muthoni can tell her readers whether the human rights of the internally-displaced people (IDPs) were violated by “our sons” as charged by the ICC. What of the rights of Robert Ouko, Tom Mboya, Pio G. Pinto, JM Kariuki?

In the 2012 US elections, there was a report of Kenyans, now naturalized American citizens who could not countenance voting for America’s first non-white president because he “…had Luo blood in him” courtesy of his father Barack Obama Sr.; the very definition of “judging someone by the color of their skin, not the content of their character!” These are the very people who will turn right round and tell those who accuse Uhuru of being the recipient of ill-gotten gains courtesy of his father Jomo “not to blame the son for the sins of the father.”

http://www.kenyan-post.com/2012/11/kikuyus-here-in-us-did-not-vote-for.html  

The very Kenyans who have no compunction about “toaring kitu kidogo” i.e. offering a small bribe or conversely asking someone seeking service to “ongea vizuru” i.e. give a bribe for said service will take to the streets to complain about “MPigs” or castigate the International Criminal Courts for “finishing off their sons and daughters”. It is this hypocrisy and double-standard that has resulted in a country and a people as synonymous with winning the Boston Marathon as it is/they are with corruption and impunity!

I challenge Kenyans, who are notoriously religious, are prone to being “born again Christian” and are religious (no pun intended) attendants of “prayer rallies” to follow the very teachings of their holy book The Bible and look at the log in their eyes before pointing out the sliver in the eyes of others!

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Filed under Corruption, Democracy, Governance - Kenya, IDPs, International Criminal Court - ICC, International Relations/Global Issues, Justice, Kenya, Law & Order, Life, Politics, Race, Racial Discrimination, Racism, The Hague, Trayvon Martin, Tribalism, Tribe