Monday, December 24, 2007

The Meaning of Peace in the Kenya 2007 Elections: Reflections

December 21, 2007 11:49 AM
By Mukoma Wa Ngugi

http://www.africanpath.com/p_blogEntry.cfm?blogEntryID=2858
accessed: 21dec07

Then he [Solomon] said, Get me a sword…Let the living child be cut in two and one half given to one woman and one to the other. Then the mother of the living child came forward, for her heart went out to her son, and she said, O my lord, give her the child; do not on any account put it to death. But the other woman said, It will not be mine or yours; let it be cut in two. Then the king made answer and said, Give her the child, and do not put it to death; she is the mother of it. (1 Kings 3)

Introduction

Martin Luther King Jr., in A Letter from Birmingham, contemplating the role of the
Clergy in the US Vietnam war writes that “True peace is not merely the absence of tension: it is the presence of justice.”

Elsewhere he reformulates philosopher Spinoza’s dictum -- “Peace is not an absence of war, it is a virtue, a state of mind; a disposition for benevolence, trust and justice,” thus indicating that peace cannot be defined by its opposite, but rather by what it contains: justice.

We hope that this December, which is election time in Kenya, will not be marred by violence. And that whomever we vote into office will guarantee peace in the future. Steve Biko once said you have to ask the right question to get the right answers. In order to find out who is the right candidate for the job, there are some fundamental questions to be asked. Because peace needs justice to exist– what exactly is justice in our Kenyan context? Where do the candidates stand on issues of equality? In short, what are the candidates’ visions for Kenya well into the future?

We need to know whether they are for peace with justice, or merely for a democracy without content. We need to know their stand on majimboism, and how they will deal with colonial atrocities and the legacy of historical inequalities, the post independence crimes against the Kenyan people, the drastic social and economic inequality and the role of Kenya in international affairs just to name a few areas, once they are in office.

Future Peace and Ethnic Division

It is quite clear to me that majimboism masks a dangerous cynicism that says
Kenyans can only understand the language of ethnicity. It masks serious economic inequalities and the existence of several Kenyas: one for the black elite, one for the former white colonial settlers and one for the struggling poor. And it is an attempt to legitimize ethnic politics.

Even under the banner of democracy, Kenyan politics remains a numbers game, in which presidential candidates make promises and alliances based on ethnic numbers. Thus Kibaki will count on a solid Gikuyu vote, and Raila on a solid Luo vote and the rest of the ethnic groups will be wooed and divided up according to who is most likely to vote for whom.

All too often, then, we in turn do not vote for a Kibaki or a Raila because of their political platform, or personal principles, or their political parties – we vote for them because they are Gikuyu or Luo. The candidates’ ethnicity has become the primary political platform. We have succeeded in making democracy work for tribalism. Majimboism, instead of doing away with ethnic politics once and for all, will only succeed in making ethnic politics into the law of the land.

In Kenya today, over half the population lives in abject poverty, including the majority of both Kikuyus and Luos. And the reality of it is that the Gikuyu elite have as much contempt for the Gikuyu poor as the Luo rich for Luo poor. For a poor person, it is much easier to marry across ethnic lines than to marry into a rich family. There is more social interaction between the Gikuyu and Luo wealthy in country clubs, than there is between the elite and the poor of each ethnic group. To lose sight of this rather obvious fact is to fall prey to the sort of political machinations that, under the British, had another name, namely “divide and rule,” a strategy inherited and practiced with astonishing skill by authoritarians Kenyatta and Moi, and perhaps destined to continue well into our national future.

In a country where the Delamare and the Kenyatta families own thousands and
thousands of acres, and the Moi and Odinga families own factories and industries worth millions of dollars, the problem here is not ethnicity but that a small elite owns the vast majority of the country’s wealth. It is therefore not by mistake that neither the sitting government nor the opposition have touched the nerve of social and economic equality, or land redistribution: they all speak the same language of wealth. For the elite, democracy means security for their investments, freedom means that their money moves freely, and justice signifies that there will be no prosecution for crimes committed in the past.

Recall the Rwanda genocide, which pitted Hutus against Tutsis. In real terms, it was a fight over resources, tragically expressed along ethnic lines. In countries where the majority live in poverty and the national dialogue focuses on ethnicity instead of on economic conditions, ethnic violence is the result. This is a lesson for Kenya but also a warning: Be wary of politicians in the Kibaki and Raila camp who play the ethnic card at the expense of real social change.

Democracy that does not improve living conditions is meaningless to the poor: it has no content. So let this be stated boldly: As Steve Biko said of South Africa, because of the vast and drastic inequality that exists in the country today, Kenyan democracy will have to be redistributive in nature. Instead of playing the ethnic card, we should demand that our politicians concretely address how they will relieve us of the burden of poverty.

Historical Legacies

We are living in an era where our political drama is connected both to the history of our own country and to the present international political context. Candidates in the political arena would do well to consider these contexts as they articulate their visions for a national future.

Our colonial history will continue to haunt us unless we demand the truth from the British. For example, Dedan Kimathi remains buried in an unmarked grave at the Kamiti Prison grounds where he was hanged by the British – ironically the same detention facility to which the Kenyatta and Moi governments sent activists opposed to their own governments. The candidates should tell the Kenyan people when and how they plan to pressure the British government to reveal the exact location of his grave, so that as a nation we can mourn him properly.

At the time of writing this, the Kenya Human Rights Commission (KHRC) is
preparing to sue the British Government for torture meted out to Mau Mau detainees during the state of emergency (1952–1960). The political candidates should tell us how they will support this effort once they are in office. We cannot fully recover our national pride without holding the British government accountable for torturing and killing Kenyans during its colonial rule.

As part of national healing, the candidates should publicly recognize we owe our
existing democratic space to the cumulative sacrifices of Pio Gama Pinto, J.M.
Kariuki, Bishop Alexander Muge, and Karimi Nduthu (to name but a few of the
people believed to have been killed by the Kenyatta and Moi governments) and also to those who were tortured and detained without trial.

It is bad enough that former president Moi was not brought to trial for injustices
committed by his regime, but it is an insult to those that suffered and died under his rule that he remains a national political figure courted by both the Government and the opposition. Under Moi, major atrocities took place, including the rarely mentioned 1984 Wagala Massacre that left thousands of Kenyans dead. For the sake of future peace, Moi and those responsible should be held accountable. We should demand that the presidential candidates tell us how they will deal with our recent history.

If we are to heal, we have to forgive, and we cannot forgive without knowing exactly whom to forgive and for what. But ultimately the best recognition we can give the anti-colonial war veterans, and those who sacrificed for a democratic Kenya in the Kenyatta and Moi years is making the Kenya they were fighting for possible.

Kenya in International Affairs

Finally, the political candidates rarely mention what their foreign policy will be. It is as if Kenya existed in a vacuum. But we as a country have to situate ourselves in world affairs and understand what is our stake there. The biggest threat to world peace right now is the United States’ war on terror. Iraq is a killing field. Afghanistan is barely limping along. The US hunger to attack Iran is palpable.

The US has already been implicated in the unfolding war in Somalia, and what happens in Somalia and Ethiopia has direct consequences to Kenya. As Kenyans, we should oppose the US militarization of Africa through the African Command Center.

In the same way that we need to resist the politicians who play the ethnic card, we should resist the attempts by the United States to divide the world along religious lines. We cannot allow a fault line to develop between Kenyan Muslims and Christians – otherwise peace will be undermined.

We must not allow our government to be pressured into passing draconian anti-terror bills that undermine the sovereignty of our country. No Kenyan should be detained without trial or handed over to a foreign nation to be tried in its military tribunals. International peace can only be guaranteed through sovereignty and respect for international law. We need to ask our candidates how they will safeguard Kenyan sovereignty.

Conclusion

Democracy is not just a question of the vote, it must deal with the content of justice. And if we are to have justice, the next government should not, for the sake of creating balance among ethnic groups make us forget questions of equality.

We need to ask ourselves what democracy for an egalitarian Kenya will look like. Can democracy exist in a country where a former colonial settler owns 83,000 acres of land? Can peace exist in the future when only a handful of families own and control the politics of Nairobi? Can democracy that is dependent on Western
Countries be viable? Let the political candidates answer these questions, and when they have settled them we can move on to matters of equal trade, privatization of water, African unification and other issues relevant to Kenyans.

If we are to build a livable future, democracy and equality have to go hand in hand. Peace is not just the absence of violence. Peace is the presence of justice.


This article was initially published in the WAJIBU JOURNAL Volume 22. No 4
(November - December 2007.
(November - December 2007)

Kenya's Elections: Key Challenges



Speaker:
Henry Maina, Warwick University

Discussant:
Jeremy Lind, Research Officer, LSE

Chair:
Councillor Marianne Alapini, Royal Borough of Kensington & Chelsea

Chatham House
14 December 2007
This summary is issued on the understanding that if any of the information is used, the speaker and Chatham House
should be credited, preferably with the date of the event.
On December 27th elections will take place in Kenya. The incumbent President Mwai Kibaki, and his Party of National Unity coalition, faces a strong challenge from veteran Raila Odinga and his party, the Orange Democratic Movement. Henry Maina, Deputy Executive Director of
the Kenya Legal Resources Foundation offers an overview of the various key actors and suggests what this may mean for Kenya and the region.

Speaker
I would like to thank you for putting Kenya and indeed Africa at the heart of your programme. I would like to share with you some of the key challenges that the majority of Kenyans face as they prepare to cast their votes for the fourth time in an emerging multi-party democracy. Most of them will be voting for the first time. Kenya is a strong country. It takes its place of leadership in regional and international affairs and is a pace-setter in political and economic governance. Kenya is second-to-none in the region in terms of clear efforts to secure its lush forests and wildlife as viable endowments that have been "borrowed from our children." Kenya is also mentioned when discussing efforts on regional integration, conducting peace with war-torn neighbours and providing support for millions deprived of the safety of their homes in Somalia, Sudan, Ethiopia and Eritrea.

However, if the elections on the 27th are going to be successful there are still some major hurdles for us to clear. The picture now is not altogether an encouraging one. Numerous problems confront us, one of the biggest being the perception of Kenya as a democracy, inside and by the West. Yet we face real challenges that are ripping our nationhood apart: poverty, unemployment, insecurity, inequality, domestic violence, negative ethnicity (what some call
'tribalism') and corruption.

Within the context of the larger rubric, I wish to critically discuss some of the challenges facing Kenyans as we take the last gasp towards the finishing line during the election. The discussions around the country centre on the following:

A. Biased Development/Inequality

Kenya's economy has grown from a miserly -0.3 percent to nearly 7 percent in the last five years. This is a great achievement. But inflation and the increased cost of living have robbed Kenyans of all the gains that should have been the result of such an increase. The cost of a packet of maize meal is now twice what it was in 2001. Levels of impoverishment have increased.

Budget distribution has been inadequate. Any assessment of the government's bigger development budget will indicate so. Most politicians in the current administration as well as in the opposition would probably point to the Constituency Development Fund as a positive. A more accurate view is that it is a good initiative, poorly executed and hijacked into becoming a cash-cow for politicians. Its lack of success has contributed to the rage already shown in the primary elections where most incumbents were voted out.

B. Religious profiling/Discrimination

Clear patterns of discrimination have been sustained from the first two governments. People from the coast and North Eastern province have largely been isolated and prejudiced against. Worse still, in the "war on terror" and "wars of terror" they have faced rendition to other states and been subjected to torture and death. It is estimated that in the coming elections, 3 million
Muslims will be seeking to support leaders purely on the basis of promising to change the situation.

C. Impunity and disregard of rule of law

There are a number of systematic schemes where the executive has chosen to disregard the law. This in itself has two effects: citizens lose trust in the system and it maintains certain individuals' beliefs that they can continue operating without a duty of care and responsibility. It is no wonder that insecurity is a runaway threat to Kenyans.

D. Corruption

It should be remembered that in 2003 Kenya was rated among the most positive countries in the fight against corruption. We saw citizens arresting police officers who sought bribes. At the time the government introduced two pieces of legislation in the fight against corruption: The Public Officers Ethics Act (POEA) and Economic Crimes Act (ECA). Although useful, they are
not fully supported by the executive. The ethics act is good but criminalises more disclosure and transparency. Structurally, it enables only minnows such as district officers to be prosecuted.

The wealth declaration forms are in themselves not useful if they do not get to be scrutinised by the public. The ECA on the other hand has not been utilised at all. The result is that the alleged fight on grand corruption has stalled in its tracks. The Goldenberg Inquiry turned into a money guzzling fiasco and the Anglo-leasing affair, born by the previous government, has simply been
nurtured and matured during Narc's reign. Something must be done.

Impeaching corrupt ministers has proven to be extremely difficult. Why do I highlight MPs? Because the President's party as well as opposition have a clique of corrupt groups, all of whom buy into the rhetoric of cleanliness, but who are in fact far from it themselves. The biggest problem of corruption lies with KANU, which of course forms part of the PNU going into the upcoming elections. We have a problem where the leader of the opposition is now backing the incumbent, and he himself is linked to corruption through his father, Kenya's first President. Kibaki is also being backed by former president Daniel arap Moi, who would see three of his sons become ministers if the current president is re-elected. The underlying point here is that if the opposition doesn't offer us any hope by broadening democracy, how can any movements be made on tackling corruption? This is a tricky moment as politicians seem to agree only in as far as they remain in power.

E. Disenfranchisement of voters and unfair practices

There are cases of increased misuse of state resources during the holding of by-elections after a number of legislators perished in an air crash. This type of action continues to occur as people campaign today. There are also cases of ethnic violence and clashes in certain regions thought to be opposition strong holds. The government is not doing enough to offer security. The net effect is that citizens in those regions may not vote. As we speak, Kenya has embraced the mould of privatisation. Studies show that some sectors can be successfully privatised more than others. However, the privatisation of public services is being done in a rush and national resources are being thrown away in the name of efficiency. We are looting the country for a few rich people. According to the Elections Code of Conduct, Kenya Broadcasting Corporation, with its affiliate radio and television stations is supposed to give equal air time to all presidential candidates.

However, while President Kibaki has been covered, due coverage has not been given to the other two main opposition presidential candidates. In fact most of us would not know that there are nine presidential candidates in Kenya.

F. After the elections

After the election the key challenge will be to entrench democracy and the positive changes the current administration has made through all political parties. Will these parties become instruments of exercising and mobilizing Kenyans around social issues and informing national decisions, or just vehicles to sanitise "crooks?" What is disturbing is the seeming obsession with power and position. There is a need for senior politicians to understand that leadership is not just about position; it is about positive influence.

The fact that the whole political spectrum has some of those suspected to have engaged in corruption, means that there is a likelihood that the war on corruption will once again be aborted if it is not centred outside the executive. It has been speculated that 900 million KES has been used for corruption around the elections just up to this date and it is estimated that by the time we reach the elections this figure could top 2 billion KES. The questions how, why and by whom we do not know, but it is critical that we find out.

This brings me back to the question of values. We need to shift decisively from a world where a small minority lord it over the majority. Many of us here are privileged in many ways; we must bring the rest of our sisters and brothers with us. The values that should drive the image ofKenya's future are the values of dignity, justice, honesty, integrity and hard work. They are the values of humility and mutual respect and the equitable distribution of the burdens and the benefits of belonging.

The "new leadership" that emerges from this election must become the voice of a new generation of Kenyans, who are emerging to answer new historical challenges; the voice of young men and women who will define themselves as leaders by their capacity to identify the issues that unite us as a nation.

Jeremy Lind, LSE

The position and situation of Muslims in Kenya has been disproportionate. Before now their collective head has been below the parapet. However, they could now vote in a single block, making them potentially quite powerful in the elections. There has been an ongoing renditions controversy with people being extradited to Somalia and Ethiopia. Also, supported by the US and the UK, Kibaki has pursued a strict anti-terrorism crackdown, which has led to claims of illtreatment from the Muslim community. The indications are that they will support ODM.

The UK government's position in Kenyan affairs has weakened considerably. Although the UK is still the largest investor in Kenya, only about 5-10 percent of Kenya's government budget is supported by UK's official development assistance. The UK's position has become increasingly associated with that of the USA and its actions: the war in Iraq, resentment for not speaking out
against the Israeli bombing of Lebanon last year and the lack of response to issues in the Horn of Africa have all damaged the perception of the UK amongst Kenyans. Also, the UK's counter terrorism operations have damaged their moral authority to speak out on human rights issues in Kenya.

Question & Answer

Q. After all that's been done in the last three years, could you rig an election in Kenya?

A. It would be hard to rig them by stashing ballot papers like in 1988 or 1993. However, I'm sure there will still be some orchestrated clashes occurring, which will prevent some people from voting. Also, voting can be swayed if there is fighting and the government are not seen to be quelling it. Rigging also occurs in other ways such as the President being given 75 percent of the television market when laws exist that should ensure equal coverage.

Q. Is there a significant distinction between the position of non-Muslims and Muslims with regard to feeling on the US?

A. Is terrorism a Muslim condition? I worked for the Anti-terrorism Coalition in Kenya for three years. We worked tirelessly to prevent the terrorism bill from being adopted because it is not a law that would work in a democracy. In the UK this type of bill would not even have been drafted because of the extent that people's civil liberties would come under threat. We were facing a reality where people's property could routinely be confiscated and there would be a "shoot now ask questions later" policy. We have been criticised for not doing enough by our international partners, but we cannot go around blaming our own innocent people. Many of the people extradited to Ethiopia and Somalia were not Muslims. These are tactics that should not have been allowed. For example, the four Kenyans who now reside in Guantanamo Bay were not on
any US list, but were conveniently added to it after capture. This shows Kenya has lost total objectivity in the process. There is great resentment over this issue – it is not just about Muslims. Kenya should not allow other nations to impose on their sovereignty by telling them what to do. Let us run our country by ourselves.

Q. We seem to be caught between the west and its war on terror, and the bad guys who will come and bomb Kenya. What is the future of Kenya given that scenario?

A. There are two wars: the war of terror and the war on terror. The problem is that we do not know what terrorism is and with whom we are waging this war. What a waste of the essence of elections when we do not give democratic processes and structures a chance. If Somalis thought that the Islamic Courts would bring them stability and peace, should the West not work with them? The TFG is only there because the US and Ethiopia are backing it. Internally,
everyone else is fighting it. The clampdown on Hamas in Palestine is another example. Yet the UK said nothing about the inconsistency of George Bush being elected ahead of Al Gore.

Q. Do you think that the Muslim vote can be the deciding vote?

A. (Jeremy Lind) Muslims make up approximately 10-20 percent of the population, so their vote could make the difference.

A. As a group Muslims face the worst inequality and poverty in the country. If you add this issue to the war on terror, they have been made into second class citizens. All of the main parties are trying to secure memoranda of understanding with Muslim leaders. However I disagree that the Muslims will vote together as a block. They do not have a galvaniser such as the late Sharif
Nasir.

Q. What more can the UK do to help tackle corruption in its position as a historical partner to Kenya?

Q. Could you also elaborate a bit on the structure of the elections?

A.1. I believe the UK can help Kenya as it is doing currently, by helping to institutionalise change. DFID has a Government, Justice and Law & Order Plan that it is funding in Kenya but so far it has only led to cosmetic change. You can't continue to fund the judiciary if they continue to not work properly from the inside.

A.2. These upcoming elections have three possible outcomes: In the first instance, there can be a simple majority; in the second instance, a candidate must win 25 percent of votes in at least five provinces; and in the third instance a candidate cannot win if he is not elected as a minister.

This means that it is possible for a candidate to gain a simple majority but without the 25 percent needed in the five provinces. This could lead to contestation and questioning of whether there is a legitimate winner. It is a challenge that the Law Society in Kenya (ECK) is discussing right now. There is no unanimous position between academics on what would happen in such a
scenario. The primaries indicated that the Kenyan people are questioning who is steering the main parties behind the scenes. Kenyans are holding their politicians accountable. The problem occurs between elections, when these cliques of powerful politicians prevent those in opposition from growing, so that we can maintain a viable democracy.

http://www.chathamhouse.org.uk/publications/papers/download/-/id/586/file/11375_141207kenya.pdf

Kenya
Travel Guide | Search News | Search the Web



Kenya's Elections: Key Challenges

Speaker:
Henry Maina, Warwick University

Discussant:
Jeremy Lind, Research Officer, LSE

Chair:
Councillor Marianne Alapini, Royal Borough of Kensington & Chelsea

Chatham House
14 December 2007

This summary is issued on the understanding that if any of the information is used, the speaker and Chatham House should be credited, preferably with the date of the event.

On December 27th elections will take place in Kenya. The incumbent President Mwai Kibaki, and his Party of National Unity coalition, faces a strong challenge from veteran Raila Odinga and his party, the Orange Democratic Movement. Henry Maina, Deputy Executive Director of
the Kenya Legal Resources Foundation offers an overview of the various key actors and suggests what this may mean for Kenya and the region.

Speaker

I would like to thank you for putting Kenya and indeed Africa at the heart of your programme. I would like to share with you some of the key challenges that the majority of Kenyans face as they prepare to cast their votes for the fourth time in an emerging multi-party democracy. Most of them will be voting for the first time. Kenya is a strong country. It takes its place of leadership in regional and international affairs and is a pace-setter in political and economic governance. Kenya is second-to-none in the region in terms of clear efforts to secure its lush forests and wildlife as viable endowments that have been "borrowed from our children." Kenya is also mentioned when discussing efforts on regional integration, conducting peace with war-torn neighbours and providing support for millions deprived of the safety of their homes in Somalia, Sudan, Ethiopia and Eritrea.

However, if the elections on the 27th are going to be successful there are still some major hurdles for us to clear. The picture now is not altogether an encouraging one. Numerous problems confront us, one of the biggest being the perception of Kenya as a democracy, inside and by the West. Yet we face real challenges that are ripping our nationhood apart: poverty, unemployment, insecurity, inequality, domestic violence, negative ethnicity (what some call
'tribalism') and corruption.

Within the context of the larger rubric, I wish to critically discuss some of the challenges facing Kenyans as we take the last gasp towards the finishing line during the election. The discussions around the country centre on the following:

A. Biased Development/Inequality

Kenya's economy has grown from a miserly -0.3 percent to nearly 7 percent in the last five years. This is a great achievement. But inflation and the increased cost of living have robbed Kenyans of all the gains that should have been the result of such an increase. The cost of a packet of maize meal is now twice what it was in 2001. Levels of impoverishment have increased.

Budget distribution has been inadequate. Any assessment of the government's bigger development budget will indicate so. Most politicians in the current administration as well as in the opposition would probably point to the Constituency Development Fund as a positive. A more accurate view is that it is a good initiative, poorly executed and hijacked into becoming a cash-cow for politicians. Its lack of success has contributed to the rage already shown in the primary elections where most incumbents were voted out.

B. Religious profiling/Discrimination

Clear patterns of discrimination have been sustained from the first two governments. People from the coast and North Eastern province have largely been isolated and prejudiced against. Worse still, in the "war on terror" and "wars of terror" they have faced rendition to other states and been subjected to torture and death. It is estimated that in the coming elections, 3 million
Muslims will be seeking to support leaders purely on the basis of promising to change the situation.

C. Impunity and disregard of rule of law

There are a number of systematic schemes where the executive has chosen to disregard the law. This in itself has two effects: citizens lose trust in the system and it maintains certain individuals' beliefs that they can continue operating without a duty of care and responsibility. It is no wonder that insecurity is a runaway threat to Kenyans.

D. Corruption

It should be remembered that in 2003 Kenya was rated among the most positive countries in the fight against corruption. We saw citizens arresting police officers who sought bribes. At the time the government introduced two pieces of legislation in the fight against corruption: The Public Officers Ethics Act (POEA) and Economic Crimes Act (ECA). Although useful, they are
not fully supported by the executive. The ethics act is good but criminalises more disclosure and transparency. Structurally, it enables only minnows such as district officers to be prosecuted.

The wealth declaration forms are in themselves not useful if they do not get to be scrutinised by the public. The ECA on the other hand has not been utilised at all. The result is that the alleged fight on grand corruption has stalled in its tracks. The Goldenberg Inquiry turned into a money guzzling fiasco and the Anglo-leasing affair, born by the previous government, has simply been
nurtured and matured during Narc's reign. Something must be done.

Impeaching corrupt ministers has proven to be extremely difficult. Why do I highlight MPs? Because the President's party as well as opposition have a clique of corrupt groups, all of whom buy into the rhetoric of cleanliness, but who are in fact far from it themselves. The biggest problem of corruption lies with KANU, which of course forms part of the PNU going into the upcoming elections. We have a problem where the leader of the opposition is now backing the incumbent, and he himself is linked to corruption through his father, Kenya's first President. Kibaki is also being backed by former president Daniel arap Moi, who would see three of his sons become ministers if the current president is re-elected. The underlying point here is that if the opposition doesn't offer us any hope by broadening democracy, how can any movements be made on tackling corruption? This is a tricky moment as politicians seem to agree only in as far as they remain in power.

E. Disenfranchisement of voters and unfair practices

There are cases of increased misuse of state resources during the holding of by-elections after a number of legislators perished in an air crash. This type of action continues to occur as people campaign today. There are also cases of ethnic violence and clashes in certain regions thought to be opposition strong holds. The government is not doing enough to offer security. The net effect is that citizens in those regions may not vote. As we speak, Kenya has embraced the mould of privatisation. Studies show that some sectors can be successfully privatised more than others. However, the privatisation of public services is being done in a rush and national resources are being thrown away in the name of efficiency. We are looting the country for a few rich people. According to the Elections Code of Conduct, Kenya Broadcasting Corporation, with its affiliate radio and television stations is supposed to give equal air time to all presidential candidates.

However, while President Kibaki has been covered, due coverage has not been given to the other two main opposition presidential candidates. In fact most of us would not know that there are nine presidential candidates in Kenya.

F. After the elections

After the election the key challenge will be to entrench democracy and the positive changes the current administration has made through all political parties. Will these parties become instruments of exercising and mobilizing Kenyans around social issues and informing national decisions, or just vehicles to sanitise "crooks?" What is disturbing is the seeming obsession with power and position. There is a need for senior politicians to understand that leadership is not just about position; it is about positive influence.

The fact that the whole political spectrum has some of those suspected to have engaged in corruption, means that there is a likelihood that the war on corruption will once again be aborted if it is not centred outside the executive. It has been speculated that 900 million KES has been used for corruption around the elections just up to this date and it is estimated that by the time we reach the elections this figure could top 2 billion KES. The questions how, why and by whom we do not know, but it is critical that we find out.

This brings me back to the question of values. We need to shift decisively from a world where a small minority lord it over the majority. Many of us here are privileged in many ways; we must bring the rest of our sisters and brothers with us. The values that should drive the image ofKenya's future are the values of dignity, justice, honesty, integrity and hard work. They are the values of humility and mutual respect and the equitable distribution of the burdens and the benefits of belonging.

The "new leadership" that emerges from this election must become the voice of a new generation of Kenyans, who are emerging to answer new historical challenges; the voice of young men and women who will define themselves as leaders by their capacity to identify the issues that unite us as a nation.

Jeremy Lind, LSE

The position and situation of Muslims in Kenya has been disproportionate. Before now their collective head has been below the parapet. However, they could now vote in a single block, making them potentially quite powerful in the elections. There has been an ongoing renditions controversy with people being extradited to Somalia and Ethiopia. Also, supported by the US and the UK, Kibaki has pursued a strict anti-terrorism crackdown, which has led to claims of illtreatment from the Muslim community. The indications are that they will support ODM.

The UK government's position in Kenyan affairs has weakened considerably. Although the UK is still the largest investor in Kenya, only about 5-10 percent of Kenya's government budget is supported by UK's official development assistance. The UK's position has become increasingly associated with that of the USA and its actions: the war in Iraq, resentment for not speaking out
against the Israeli bombing of Lebanon last year and the lack of response to issues in the Horn of Africa have all damaged the perception of the UK amongst Kenyans. Also, the UK's counter terrorism operations have damaged their moral authority to speak out on human rights issues in Kenya.

Question & Answer

Q. After all that's been done in the last three years, could you rig an election in Kenya?

A. It would be hard to rig them by stashing ballot papers like in 1988 or 1993. However, I'm sure there will still be some orchestrated clashes occurring, which will prevent some people from voting. Also, voting can be swayed if there is fighting and the government are not seen to be quelling it. Rigging also occurs in other ways such as the President being given 75 percent of the television market when laws exist that should ensure equal coverage.

Q. Is there a significant distinction between the position of non-Muslims and Muslims with regard to feeling on the US?

A. Is terrorism a Muslim condition? I worked for the Anti-terrorism Coalition in Kenya for three years. We worked tirelessly to prevent the terrorism bill from being adopted because it is not a law that would work in a democracy. In the UK this type of bill would not even have been drafted because of the extent that people's civil liberties would come under threat. We were facing a reality where people's property could routinely be confiscated and there would be a "shoot now ask questions later" policy. We have been criticised for not doing enough by our international partners, but we cannot go around blaming our own innocent people. Many of the people extradited to Ethiopia and Somalia were not Muslims. These are tactics that should not have been allowed. For example, the four Kenyans who now reside in Guantanamo Bay were not on
any US list, but were conveniently added to it after capture. This shows Kenya has lost total objectivity in the process. There is great resentment over this issue – it is not just about Muslims. Kenya should not allow other nations to impose on their sovereignty by telling them what to do. Let us run our country by ourselves.

Q. We seem to be caught between the west and its war on terror, and the bad guys who will come and bomb Kenya. What is the future of Kenya given that scenario?

A. There are two wars: the war of terror and the war on terror. The problem is that we do not know what terrorism is and with whom we are waging this war. What a waste of the essence of elections when we do not give democratic processes and structures a chance. If Somalis thought that the Islamic Courts would bring them stability and peace, should the West not work with them? The TFG is only there because the US and Ethiopia are backing it. Internally,
everyone else is fighting it. The clampdown on Hamas in Palestine is another example. Yet the UK said nothing about the inconsistency of George Bush being elected ahead of Al Gore.

Q. Do you think that the Muslim vote can be the deciding vote?

A. (Jeremy Lind) Muslims make up approximately 10-20 percent of the population, so their vote could make the difference.

A. As a group Muslims face the worst inequality and poverty in the country. If you add this issue to the war on terror, they have been made into second class citizens. All of the main parties are trying to secure memoranda of understanding with Muslim leaders. However I disagree that the Muslims will vote together as a block. They do not have a galvaniser such as the late Sharif
Nasir.

Q. What more can the UK do to help tackle corruption in its position as a historical partner to Kenya?

Q. Could you also elaborate a bit on the structure of the elections?

A.1. I believe the UK can help Kenya as it is doing currently, by helping to institutionalise change. DFID has a Government, Justice and Law & Order Plan that it is funding in Kenya but so far it has only led to cosmetic change. You can't continue to fund the judiciary if they continue to not work properly from the inside.

A.2. These upcoming elections have three possible outcomes: In the first instance, there can be a simple majority; in the second instance, a candidate must win 25 percent of votes in at least five provinces; and in the third instance a candidate cannot win if he is not elected as a minister.

This means that it is possible for a candidate to gain a simple majority but without the 25 percent needed in the five provinces. This could lead to contestation and questioning of whether there is a legitimate winner. It is a challenge that the Law Society in Kenya (ECK) is discussing right now. There is no unanimous position between academics on what would happen in such a
scenario. The primaries indicated that the Kenyan people are questioning who is steering the main parties behind the scenes. Kenyans are holding their politicians accountable. The problem occurs between elections, when these cliques of powerful politicians prevent those in opposition from growing, so that we can maintain a viable democracy.

http://www.chathamhouse.org.uk/publications/papers/download/-/id/586/file/11375_141207kenya.pdf

Friday, December 21, 2007

A hollow, hate-filled election this

The Eastafrican
By L MUTHONI WANYEKI

The mood in the country cannot be compared to that five years ago. Then, we were elated — the general election seemed pregnant with possibilities. Today, we seem resigned to go through the exercise with greatly reduced expectations.

Accusations of electoral rigging abound, but no one seems to be paying them much attention. The usual slew of electoral monitors and observers are dutifully noting and reporting on violations — but the only things that have truly caught our attention are the virulence of the hate speech being communicated not so much through the formal media as through more interpersonal communications, the violence against female aspirants and the recurrence of politically instigated clashes in Kuresoi and Mount Elgon.

With the exception of the alarm created by the above, however, in many ways it is business as usual.

What happened? Where did the euphoria go? Why is it that, in a profound way, the upcoming elections do not seem to matter?

We can blame our cynicism (even depression) to the eventual outcomes of the 2002 election. As Prof Makau Mutua put it, in 2002, “We got the National Rainbow Coalition dream, soon to become the NARC nightmare. The problem was our political class, its myopia, its inability to conceive the national interest? The Constitution became a political football.”

Speaking at the annual International Human Rights Day lecture convened by the Kenya Human Rights Commission last week, Prof Mutua said these elections are “already lost for reformers. Across the political divide, [there are nothing but] human-rights violators, economic criminals and malignant individuals.”

DR LUDEKI CHWEYA, A LECTURER AT the University of Nairobi, had a slightly more optimistic view. In his opinion, Africa has been in search of genuine transition since the colonial period. It is a perpetual search because its two aims have never been achieved. True, freedom is growing as political space continues to expand. But prosperity for all remains elusive as economic space grows in skewed and unacknowledged ways.

Both have a point. There is no real choice on the economic front, as political parties operate within the same ideological framework. Political representation excludes half of the population (women) viewed in one way and a majority of the population (the youth) viewed in another way.
Thus ethnicity predominates as a mobilising factor during electoral periods.

As Mutua put it, “Kenya is an experiment in trying to live together. Kenya is not a nation. Kenya as a state has not reached a state of irreversibility.” Clearly, the only way to reach irreversibility is for Kenyans to agree on the basics — about who we are, what we believe in and how we want to be governed, which is something only a constitutional process can achieve.

Which, of course, brings us back to the current electoral process and why it seems not to matter. All promises being made on the Constitution are as vague and, ultimately, unbelievable as those being now made with respect to anti-corruption.

What this means is that we have to simply get through this electoral process, ensuring the damage done is as minimal as possible. This will not be a small task, given the extent to which the hate speech flying around has made all of us retreat, question erstwhile friendships with political and professional colleagues who have made us, suddenly, all too aware of what ethnicity we are supposedly aligned to.

We can be grateful for small mercies. We can vote, which those prior to Independence couldn’t.
We can vote for different political parties, which those prior to 1991 couldn’t (even if that choice means nothing yet). And we can continue to think through how best to insist on a conscious settling of the past so as to move on to the future yet to come.

L. Muthoni Wanyeki is executive director of the Kenya Human Rights Commission

Monday, December 17, 2007

Lesson from Steve Biko still relevant to those in power

Story by MILDRED NGESA
Publication Date: 12/17/2007

The slapping of Mr Francis Musyimi by First Lady Lucy Kibaki was shocking. Even more shocking was the subsequent harassment of photo-journalists by State security agents who erased the photographs of the incident from their digital cameras.

But the incident brought to mind South Africa’s legendary activist Steve Biko.

I thought of Biko’s captivating and thought-provoking book, I write what I like. These amazing wonderful thoughts flowed from the maverick, youthful freedom fighter when he was behind bars — when the white oppressors thought they had clipped his wings and brought his ambitions for liberation to a halt. They thought the end had come for Biko when they handcuffed him, beat him and threw him into a dark cell.

But it is in I write what I like that the defiance and victory over an oppressor shines. Despite his tribulations, Biko’s mind remained intact. His body could have been chained but his thoughts were not — they never will be.

There were scores of people at the awards ceremony at State House on Jamhuri Day who witnessed what happened. The incident is imprinted in their minds. They may not need camera lenses to prove it.

Stripped of symbol

The journalists who were stripped-of their symbols of trade also bore witness. Behind their camera lenses were their eyes and minds. Nobody can erase this truth from their minds. They can draw countless illustrations. It is therefore pointless to try to muzzle a free press by erasing the images from their cameras.

The most vital tool is the mind. And that cannot be ripped apart like a roll of film or a piece of memory stick.

If in doubt, ask Steve Biko.

Election will be a battle between rich and poor

Daily Nation, News Extra
Story by MILDRED NGESA
Publication Date: 12/17/2007

My tribe has to win the elections in the coming two weeks.

It is either my tribe wins or we are doomed. There are only two tribes in Kenya. And I know ethnic slurs; loyalties and differences are simmering hot right now.

But nobody can deny the fact that this wonderful country of 33 million people has only two tribes – the tribe of the rich and the tribe of the poor.

When they talk of 42 tribes strewn across eight provinces, they lie. When they point out the superiority of one tribe against another, they lie even more.

What they do not say, is that the only distinction between the two existing tribes in this country lies in their pockets — it lies in the number of loaves of bread one family can afford compared to another.

Painful truth

It a painful truth that is increasingly confronting me every time I walk into the supermarket. I look at the shopping list and shopping items in my trolley and the money in my wallet and things just do not seem to add up.

There was a time they used to. A time when that same amount in my wallet and the same items in my trolley matched very well. Now things are not so rosy. I have even stopped feeling embarrassed at the counter as I ask the cashier to kindly exclude some of the items that I had already put in the trolley because my budget has run short.

Only last year, three packets of milk and a loaf of bread were worth only Sh100. Today the same amount can only fetch two packets and one loaf, what has happened? And whatever happened to “unga ya ngano”? Do people still make chapos?

These days, a packet of wheat flour coasts Sh120. That was the price of two packets two years ago! Not to mention cooking gas that goes diminishing in the cylinders every now and then, or the frequent increments in fuel prices that have rendered our jalopies redundant.

Everything is getting swallowed in the frenzy of campaign madness and the hoodwinks of the festive season. Still, when the current standard of living is scrutinised in retrospect, the one tribe that is suffering and is bound to suffer even more is that of the majority who now have abandoned “luxuries” like bread and tea with milk simply because these have become too expensive.

On the other hand, the tribe of the rich seems to be basking in wealth. Lately I have been tongue-tied by the rising number of fuel guzzlers and other vehicles of class plying down roads like Dennis Pritt, James Gichuru, Argwings Kodhek, Waiyaki Way and Rhapta roads in Nairobi.

My knowledge of contemporary car makes is as scanty as that of nuclear gases, but I know I have seen more than one Porche, Hummer, Lexus, Tuareg VW, BMW X5 and countless Chryslers cruising down those suburbs designated for the tribe of the rich.

These vehicles do not cost a million shilling. They are worth so much more. But where is all the money coming from?

It seems like the tribe of the rich has recently been bitten by the flamboyance bug.

The wealth and the glitter is all out there in the streets, yet some people have to scratch their heads as they agonise over how they are going to stretch Sh500 to cover their family expenses for the rest of the week.

The gap between the two tribes has widened even further. Where the tribe of the poor thought they would cover ground to bridge the space between them and the tribe of the rich, even more zeroes have been added at the end of what the tribe of the rich are worth, making this attempt even more elusive.

Ever heard of the tribe of the rich grumbling about the price of kerosene and bread?

Think about it. It is the tribe of the poor who are killing each other in the name of campaigns so as to propel one of the rich to the top. And when that happens, we all know the drill — we shall not see or hear of them until five years have elapsed.

By then, the man from the tribe of the rich will have added several other obscenely expensive toys to his collection of automobiles while you and I in our ever-growing tribe of the poor will still be at the corner of the street lamenting why we cannot afford a kilo of sugar.

Do you now understand why the tribe of the poor has to win on December 27?



--------------------------------------------------------------------------------

Saturday, October 27, 2007

Why is it attractive to so many?

COMMENTARY

Story by EGARA KABAJI
Publication Date: 10/25/2007

One of the thorny issues that have to be debated and resolved when Kenyans go to the polls is majimbo. It is now clear that the interpretation of this word depends on the side one occupies in the political divide.
Some interpret it to mean regionalism, federalism or ethnic balkanisation. This is, however, not a totally new subject. The issue is as old as Independent Kenya. What may be of interest is how some politicians choose to misinterpret the term for political mileage.

Forty three years ago, former President Moi was the greatest proponent of majimbo. In fact, his party Kadu, initiated the idea as an alternative to Kanu's vision of a centralised system

Equitable distribution

Kadu proposed majimboism which was meant to decentralise power to the provinces. In the ensuing battle, Kanu won, and since then, it has been the policy under the three successive regimes. What may not escape keen observers is that those who championed majimboism 40 years ago like those doing it today are branded ''tribalists''. What did the term imply then and what does it mean now? Perception of the common mwananchi about the meaning of majimboism may have changed over time, but it simply means a system that would guarantee equitable distribution of national resources across all provinces.

It is important to note that Kadu proposed the idea of majimboism as the best system due to the general fear among small communities that Kanu, then controlled by Luo and Kikuyu leaders, would unleash Luo-Kikuyu hegemony across Kenya and shortchange other regions on the distribution of national resources.

Majimboism did not mean that members of various communities were to be confined to their regions, and it does not mean so today. Those championing majimboism today are responding to the obviously skewed distribution of resources. They have evidence to prove that certain regions have been favoured in the distribution of those resources because of the proximity to power.

They want fundamental change which will ensure that all regions get their share of national resources and not wait for one of their sons or daughters to be in power for them to ''eat''.

This seems to be the contention that will, either way, determine the election results this year. The recent hue and cry over appointments and allocation of resources resonates with the desire among many voters for fair distribution of national resources.

Many voters seem unable to buy the obviously distorted interpretations of majimboism. Mr Koigi wa Wamwere, for instance, elects to mislead the public when he argues that ''majimbo'' is a uniquely Kenyan term conceived by European settlers before independence.

But the word jimbo is a Swahili word which means a political region with the autonomy to govern itself. The obvious implication is that majimboism, when instituted, would mean a devolved system in which the national government will share power with sub-national governments.

ODM leaders are explaining this position and many voters seem to buy the idea. What they are saying is that majimboism does not mean uprooting people who have settled in various provinces and relocating them to their ''home provinces''. Indeed, no one in his right senses can envisage such a project.

Many voters are buying the idea of majimbo because they have travelled around the country and they can see tarmarked roads, piped water, well-built schools, electricity poles in some regions other than their own.

What CDF has done
They have wondered how certain Government departments have over 90 per cent employees from one region. It has never escaped them that the face of their regions is missing in many establishments. They think a federal system will be fairer.
Many voters have seen what CDF has done and are yearning for the kind of freedom it has given them. They want to decide on their priority projects.

But above all, many voters are yearning for a reduced role of the central government in their lives. They know the government lives in Nairobi, but they want a government that lives with them.

Dr Kabaji is a senior lecturer at Masinde Muliro University of Science and Technology

Tuesday, July 31, 2007

Kenyan youth are their own worst enemies

Sunday Times - 29/07/2007
By: Njogu wa Gitu, Maragua.


There is this notion being advanced that the youth in this country are a neglected lot. This which is a big lie. On the contrary, the youth in this country have all along had the opportunity to expand their horizons, but because they only have themselves to blame their lack the vision to exploit their talent.

The crying attitude among the youth will not solve anything for them and unless they go out there and seek the opportunities like other Kenyans. They say that they have been sidelined in matters of leadership, but who gives leadership to who? Leadership is a competitive game and it open to all including the youth.

These youth are a funny lot, nay, ridiculous! They never tire of telling us that they are the majority hence why they should be incorporated in decision making organs.

But when you ask them how they want to be incorporated, they are clueless. That voter registration exercise has been going on and the youth who to lead the country have not even been registering themselves. If they don't register as voters, how then wil they elect their own as leaders? I don’t know whether they want Electoral Commission of Kenya chairman Samuel Kivuitu to take the clerks right into their bedrooms.

The writing is clearly on the wall thus: Until that time the youth will embrace the power of thought and hard work, they will forever be singing the hymn of isolation. Numbers without action is akin to the barking of a toothless dog.

And when you tell these youth that they got to style up and be proactive, they come up with some slogans, say, gutuka (arise). Why would you get noisy about such a serious issue? And since the youth are just there to help others make a killing in their name, the gutuka sloganeers leave the scene after making colossal amount of money out of the drive.

For the few youth who respond to voter’s registration, majority register more than 10 times in different constituencies because some "elders" have paid them to do so. That is the beauty of these youthful minds.

And when it comes to voting, two out 10 will find their way to the polling stations, with the other eight being in the convoys of elderly politicians where their usefulness will be stoning, shouting and jeering at rivals, all these for a pay of khat, beer, cigarettes and bhang of course.

And the end result? More elders ascend to power. This is the real tragedy of our times.

Again, are the youth as poor as they want us to believe? The amount of liquor some of these youth consume is enough to knock down a dozen elephants. All these drinks cost money.

The other day Finance Minister Amos Kimunya increased the taxation brackets for cigarettes and beer in order to post resources for the secondary school’s tuition fees. You just need to walk past at the smoking zone and most of those puffing away furiously there are the youth.

It is important that the youth get this from me: The elders will rule over you till that time Jesus will come to your rescue.

In any case the youth have shown clearly that they cannot be trusted to run a big country like this one of ours if their biggest pre-occupation is to form gangs to extort money from the matatu sector, behead people like sheep, getting recruited into Mlungunipa Jeshi la Coast and Saboat Lands Defence Force.

Come on, you need to wake up from the deep slumber of self delusion if you want to be taken seriously. Over to you, my dear youth.






Njogu wa Gitu,
Maragua.

This govt has failed Kenyans

Letter from Kenya Times 31-07-2007
Linus Egesa,
University of Nairobi.


When President Mwai Kibaki was sworn in on December 30, 2002, I had a very deep emotional feeling. A new nation was being born. It symbolised the fact that a new order was coming into being and an old order was passing away. I wanted to be involved in it, be part of it, and notice the birth of the new regime with my own eyes.

Several months down the line, political mischief began; promise of a people-driven constitution was a mirage; a lean cabinet resulted into a bloated one; among other issues the Artur saga. However, despite this, the Kenyan people remained steadfast and hoped things will improve with time. Critics of the unfolding unpleasant events were branded as power-hungry, self seekers and tribal bigots.

Cognizant of the interrelatedness of all communities I cannot sit on my laurels without commenting on issues affecting Kenyans. Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. Anyone who lives inside Kenya cannot be considered an outsider anywhere within its boundaries.

There can be no gainsaying that ethnic injustice engulfs this country. Its ugly record of ethnic-based favouritism in appointments, rising crime rate and poor distribution of resources. These are the hard and brutal facts obtaining in the country today. On the basis of these conditions, ODM-K leaders have in the recent past sought to negotiate with their NARC-K colleagues but the latter has consistently refused to accede to good faith negotiations.

As in so many past instances where our hopes have been shattered, the shadow of deep disappointment settled upon us. The mwananchi had no alternative but to take to the streets whereby we would present our very bodies as a means of laying our case before the conscience of the local and international community. In typical totalitarian societies, the Narc government showed its might by teargassing demonstrators.

Demonstrations usually seek to create a crisis and foster such a tension that an elite which has constantly refused to negotiate is forced to confront the issue. It seeks to dramatise the issue so that it can no longer be ignored.

I am firmly opposed to violent demonstrations but there is a type of constructive, non-violent tension which is necessary for growth. Socrates understood this when he felt it was necessary to create tension in the mind, so that individuals could rise from the bondage of myths and half truths to the unfettered realm of creative analysis and objective appraisal.

Some have asked why not give the government time to meet its promises? The only answer to this query is that the Narc administration must be prodded as much as the former Kanu regime, before it will act. We were sadly mistaken that the election of President Kibaki would bring manna to Kenyans.

The government is by and large composed of old guards dedicated to maintaining status quo. Historically, privileged groups seldom give up their privileges voluntarily. Individuals may see the moral light and involuntarily give up their unjust posture; but as Reinhold Neibuhr reminds us, groups tend to be immoral than individuals.

Like a boil that can never be cured so long as it is covered up but must be opened with all its ugliness to the natural medicines of air and light, injustice must be exposed. Kenyans must exercise vigilance at all times.

Friday, May 18, 2007

Change cannot come from descendants of the old order

Insight,
Kenya times

By John Cheruiyot

ODM-K has undergone a drastic change since one of its presidential contenders Mr. Raila Odinga launched his vision at the KICC two weeks ago. It was aired live by local TV station and watched by millions of Kenyans. His competitors seem to have since panicked about his presidential ambitions.

Seventeen MPs from Rift Valley Province led by Mr. William Ruto were recently at a rally in Kuresoi and they took the opportunity to accuse Raila and Kalonzo Musyoka of being responsible for the current wrangles in ODM-K. They also rejected consensus as a method of nominating the party’s presidential baton bearer.

Dr. Julia Ojiambo, another ODM-K aspirant has threatened to quit the party while LDP secretary-general Joseph Kamotho has for the first time endorsed Mwai Kibaki for re-election in this year’s General Election. These are the signs of a divided house, a house in disarray.

The truth of the matter is that ODM-K is not held together by an ideology or a philosophy but personal interests camouflaged in a tribal cloak. Personal gain is the engine of every ambitious political leader today in Kenya .

Kenya’s political elite is used to manipulating the masses for personal gain. Hence a radical departure from the norm for decades is a disaster for many leaders. Rift Valley political leaders like all others countrywide are totally in disarray. They lack political stand and political ideology. Even as their people want devolution and federal dispensation they are disoriented. They prefer personal gain to community gain. Rift Valley has a lot to gain in devolution than the current unitary system.

For decades Rift Valley leaders, more so the Mafia, have always been after power and wealth for themselves at the expense of the interests of the people. They prefer patronage to democracy and empowerment of the people. They prefer accumulation of wealth while their people wallow in poverty and abject penury. They would rather support a system that marginalises their people but propels their whims. The same is true for all the leaders in Kenya .

Our leaders prefer a corrupt and undemocratic systems which allows them latitude to pursue their whims at the expense of the people. If ODM-K was thus driven by the common good of the nation it would not be a problem to rally behind any of their own as long as they achieve national goals. Our leaders are not bothered or embarrassed by the poverty ravaging the nation . They would rather fly choppers over poor villages and offer handouts to the villagers than empower them to fend for themselves.

ODM-K and Narc-K are outfits of undemocratic individuals seeking to appease their greed and lust for power. It is no wonder that leaders are oscillating from one party to another looking for the highest bidder. It is not surprising that Rift Valley leaders are not necessarily after the top job but after whoever can offer cash and more patronage.

If President Mwai Kibaki can offer them handouts they are ready to support him. It is now clear that the Kibaki administration is at home with patronage and power-broking. Every presidential aspirant in ODM-K is a product of patronage and power broking which was perfected during Nyayo era. For example, Kalonzo Musyoka is a disciple of Mulu Mutisya while Mutisya was a creature of Nyayo system.

The same is true for Mr. Musalia Mudavadi. His powerful father, the King of Mulili, was a creature of the Nyayo system. William Ruto, who was an official of YK 92, was a creature of the Nyayo system. The same is true for Jirongo the chair for the infamous YK 92, a monster that drunk the blood out of the country’s economic artery. Uhuru Kenyatta was the project of Nyayo vision.

This may explain why Kibaki, in a recent tour of the South Rift, openly suggested that as many institutions as possible bear Moi’s name. In essence he was declaring that he was a Moist at heart.

The old elite yearning for old order has held this nation hostage. Yet Kenya is tired of the old order of patronage and hypocrisy. Kenya since independence has not landed in her Canaan and prosperity. She has been meandering in economic, political and social wilderness for 44 years..

Kenya has failed to cross her River Jordan into her economic Canaan the way Singapore and Asian tigers have done. The country needs radical change in order to avert chaos and civil unrest. Kenya is today a nation of Mungiki, Taliban and Matheri- lawless non-state outfits that threaten the very fabric of nation existence.

Yet that change cannot come from descendants of the old order. Kenya needs a new dispensation and a new era. An era of revolutionary reform in all aspects of our nationhood. We need change in all our institutions. Change has eluded the nation for over 44 years. Jomo Kenyatta failed to deliver that change. His successor Moi failed to deliver it. For four years Kibaki has failed to do the same-for he, too, was part of the old order.

It is only Raila Odinga who in real sense is not a descendant of Kenya’s political genetics. His political genes and genealogy are totally incompatible to the status quo in the nation for four decades. He is probably like Museveni of Uganda who came into the political scene after Obote I&II, Idi Amin, Prof. Lule, Binaisa and Okello.

The five men before Museveni failed to bring the desired change in Uganda . They were part of the old order. Many a Ugandan ruling elite feared Museveni the way our own fear Raila. In Uganda today devolution is the order of the day. Districts are autonomous. People have say in their affairs and the nation is more prosperous than Kenya -a nation that escaped civil chaos but suffered political patronage.

jcruiyo@yahoo.com

Tuesday, April 03, 2007

Economic growth and rising poverty

Opinion
Kenya Times,
17/03/07

By Ndung’u Wainaina

WHEN United Nations Development Programme (UNDP) report on Human Development Index was released recently, the Government reacted angrily and dismissed the report as “inaccurate and exaggerated.”

The same lethargy to truth and hostile criticism met the Society for International Development report (2005) on the inequality within the Kenyan society.

Whether the Government accepts or not the truth remains: Over 57 per cent of Kenyans are living and trapped in a vicious cycle of abject poverty. Both reports received acclaim and resonance in our society for it is the one “wearing the shoe.” You cannot “cook figures” to distort a reality.

For that reason, the assertion by Finance Minister Amos Kimunya and his counterpart in National Development Henry Obwocha that the Government is set to release the updated report on the true picture of the poverty index is welcome but won’t change the impact and poverty situation in the country.

While the Government keeps flashing out and flagging high economic growth at 5.8 per cent, the reality is that millions of Kenyans are hitherto immeasurably poverty and a very small clique of about 10 per cent control over 42 per cent of the country’s wealth.

We are trapped in a capitalism market value system where anti-public discourse is profoundly dis-empowering.

This small filthy rich group largely benefiting from milking state enterprise strongly feels overburdened to pay tax to sustain the public sector. The contradiction in this phenomenon is that for the poor, the public sector is the only opportunity existing to access education, healthcare, security, transport among other crucial services.

In this situation, the moral imperative for development is replaced by tide of accumulation and self-enrichment. The school of thought behind this conspiracy is that government is not responsible and obliged to promote equitable development and neither is it a job creating centre.
Accordingly, it is the responsibility of the market. The Government is only there to create market and investor friendly conditions.

When government talks of investor-friendly environment it is saying access to cheap slave labour and allowing foreign investors to bring in raw materials at almost no cost which kill our own sectors of production like agriculture.

Instead of protecting and nurturing our key sectors of economy we are exposing them to unfair competition with goods that are produced at highly subsidized and protected environment.

The message that these two ministers were communicating while refuting the human development index and SID reports respectively is that “Kenyans you did great struggle but we are in power and are delivering.” What a sarcastic view!

The philosophical and ideological thinking behind this dehumanizing free capitalism market driven economy traces its history to the Sessional Paper No.10 of 1965 which President Kibaki was a principal architect.

The pillars of this paper were centralized economy, investment and allocation of resources to high potential return areas and top-down economic growth (re-distributive change).

The Structural Adjustment Programmes of 80s and 90s reinforced this capitalist economy condemning more Kenyans to poverty morass. It is the same philosophical underpinning contained in the vision 2030.

This elite based economic growth without human development denies majority access to means of production, dis-empower people and cumulatively increase inequalities.

We have to create the prerequisite legal and policy framework that enhance and add value to our informal sector which in the long run will form backbone of our industrialization and part of solution to unemployment.

The ‘Kibakinomics’ is about embedding free market economy whereby transformation of state is conceptualized in the realm of redistribution in which the capitalist market grows without control provided it reaches 10 per cent. Once there, fiscal resources shall be available for redistribution.

What a deliberate policy and an easy way of crafting a society of people who become consumers of change? Ever thought the origin and rationale of the argument that “what this country needs is a good manager?” This capitalism market driven system is glorified by those enjoying the advantage and leverage of its benefit who happen to be the 10 per cent owning the 42 per cent of the country’s wealth. We have to desist from talking about disadvantage as individual disadvantage for this means that the system is fine only that one is lacking space and advantage.

Solution is a concrete systemic transformation.

It is significant to note that the majority cluster of groups that experience this horrendous sin of impoverishment happens to be women, youth, landless and urban slum dwellers.

The same clusters form the bulky of voters who by virtual of their vulnerability become easy targets for manipulation to sell their votes and engage in electoral violence.

Poverty besides being the single biggest threat to security, human dignity, state stability and human rights, it also undermines consolidation of democracy.

Poverty and inequality has created a country that is undemocratic, unjust, condone culture of intolerance and ethinicisation.

President Kibaki and his two ministers need to realize that values of human dignity, the achievement of equality and the advancement of human rights and freedom are not privilege but entitlements to a human being.

Abject poverty happens to be source and breeding ground for crime and vicious conflicts. Government need to come to terms with one single reality that poverty does not fit in the narrow politics of politicians.

Our solution as Kenyans is not to rely on magnanimity of a person but it is to ensure we have a democratic constitution that provides for justiciable Bill of Rights acting as the cornerstone of our democracy and enshrines the values of human dignity, equality and freedom.

We have to construct a people-centred economy that values every human being on an equal basis and enjoy a life of dignity.

Our key challenge is to broadening participation in the economy, extend opportunities to all and deepen the quality of social development but not under the current economic paradigm.

* The writer is a Programme Officer, NCEC and Director, International Centre for Policy and Conflict. E-mail: wainainan@icpcafrica.org

Did Kibaki merely inherit leadership templates?

Kenya Times,
03/04/2007

Opinion

BY AKUMU KALUOCH

IT is true that Kibaki government inherited a country with negative economic growth. The country was in need of a visionary leader who could steer her to the right direction.

This responsibility fell on Kibaki’s shoulders and all those who were disillusioned by almost 40 years of KANU’s misrule came together to vote in a new beginning in December 2002. The mood was ecstatic and at his swearing in ceremony, the giddy participants could not hide their new found joy. Kibaki did not disappoint, for he promised a change. A change from the past, the past that had brought Kenya to her knees!

No sooner had the celebratory dust begun to settle than the people started to experience a sneezing episode caused by the settling dust. The sneeze has since turned in to a real medical condition because of the reasons I’ll group as the constitution, graft, integrity and the Opposition. These are the reasons why I’ll not vote for president Kibaki even though his era is so far better than that of his predecessor’s.

The long awaited new constitution was to overhaul Kenya’s past and replace it with a constitution that valued Kenyans, recognized Kenyans, and protected Kenyans regardless of their ethnic origins, socioeconomic status, and proximity to the centre of power. This was not to be. Kibaki abdicated his leadership role in constitution making to sycophants whose earlier interest in the new constitution was only to decapitate former president Moi’s powers hoping that President Moi would not accept defeat. With their man in power, the new constitution was an unnecessary burden to the Exchequer. Kibaki’s failure to enact this new people driven constitution is one of his biggest failures.

The second reason is president Kibaki’s inability to fight corruption. Soon after he came to power, traffic policemen who used to take kitu kidogo were apprehended by the public and the sign that the vice was on its way out was conspicuous. But the Anglo leasing scheme matured and obscured the vision of the fighters. The denials, accusations and counter accusations reached a deafening amplitude but all Kibaki could do was to cheer those who said that Anglo leasing was “a scandal that never was”, even though the funds were reportedly refunded from wherever.
As if this was not enough, the report of the commission set to investigate and recover some of the stolen public money by the mammoth Goldenberg rip-off that left the country bare was trashed after the commission itself took hundred of millions of shillings from the public. The surgical and radical cleanup of the judiciary headed by Justice Ringeria turned out to be more of witch hunt than a pragmatic cleanup of the judiciary system resulting in promotion and appointment of conveniently selected persons.

Then, the Artur brothers’ saga brought to glare of publicity the face of graft and incompetence within the government. Nobody is certain as to the country of origin of the Arturs, their reason for being in Kenya, and their relationship with the government’s security apparatus. A report from the commission set to unravel all this mystery is still a secret. An indictment to the government’s complicity!

My third reason for not voting president Kibaki for a second term is lack of integrity. The president and his former shadow Attorney General, Kiraitu Murungi, had proposed to the Ghai commission that ultra vires presidential powers needed to be trimmed with some powers delegated to the prime minister and the parliament. On enthronement, the power bug induced a changed course, and what was needed now was a more powerful unifying president.

He felt that intra vires powers would hamper his ability to govern effectively. In the same breath of integrity is the adoption of Moi tactics that were thought to have ceased with the end of his tenure. The same Kiraitu Murungi, asked Moi to concentrate in herding his (Moi’s) livestock and promised to show Moi how to govern. Nobody imagined that Moi’s hitherto undesirable techniques would be the template of Kibaki’s rule. Sycophancy and cronyism all rolled back to the centre of power. Favouritism became criteria for vett-

Proposed minimum reforms are hollow

Kenya Tmes,
03 April 2007

By Oduk Peter, Nairobi.

The clamour for a new Constitution by Kenyans has taken unnecessarily long. This road has been very bumpy and riddled with technical hurdles, some political others legal. Even after all these efforts, Kenyans do not have anything to show for it in terms of a new constitutional dispensation.

This year, a lot of effort seem to be focused on the General Election that is due at the end of the year. The Opposition has been lobbying for minimum reforms, a call that the Government seem to have finally accepted after the President’s speech during the opening of the sixth session of the ninth Parliament.

However, the proposed reforms are mainly aimed at levelling the political ‘playground’ to offer equal competing opportunity to all aspirants and have very little to offer towards improving the lives of the common mwananchi. I recognise that the political arena should be made fair for all.

But something is seriously amiss when reforms are not pro-common citizens.

I believe that we need a new Constitution far more than a new Government. This is because the Constitution will provide checks and balances to any Government in power. In the absence of a good Constitution, whatever Government in power is likely to become rogue.

The Opposition and other proponents of minimum reforms have threatened to boycott the elections should no minimum reforms be made. I would rather they boycott elections for comprehensive reforms, because they were elected on this platform. In the run-up to the 2002 elections, the then Opposition united under Narc party and pledged to give Kenyans a new Constitution in a hundred days. Therefore, instead of demanding minimum reforms, they should use the remaining months to elections to iron out the contentious issues in the Wako draft and deliver a better Constitution for us.

If this is not then they should call for the postponement of elections to tackle the issue of the Constitution once and for all.