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?



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