2008 is a year many of us will not forget quickly.
It is a year that began with shocking violence; when Kenyans attacked other Kenyans. Kofi Annan came to Kenya and a deal was made between Raila Odinga and Mwai Kibaki to share power. Our constitution was changed quickly by Parliament to accommodate the National Accord which created the office of the Prime Minister along with several commissions of inquiry.
We have had many commissions before. We are weary of non-performing commissions. Many Kenyans think commissions are a waste of public funds that could go to better use. Others think commissions are a way for friends of politicians to get well-paid jobs and for lawyers to earn astronomical sums of money at the expense of the public. Many are cynical - after all, except for those reports that recommend the increase of salaries for the high and mighty like the Cockar Commission on Members of Parliaments’ Salaries, findings of Commissions are never implemented.
Considering the great loss of life, limb and property, Kenyans expect the commissions created by the National Accord to be different. We expect their recommendations to be implemented. Too many people lost their lives - at least 1,133 according to the Waki Report. Too many Kenyans were displaced, impoverished by arson, murder and the chaos we endured. Those displaced are counted in the hundreds of thousands. So, no politicians should play politics this time round. The cost of the botched election and the post-election violence was too much. National reconciliation is necessary and the Waki Report is our best and possibly last chance to make peace with each other and face the truth squarely - there are killers amongst us and they are enjoying impunity because of their high positions and connections in society. These people must be identified and placed before the law for judgement - now. If we squander the chance, the future will be more violent, history will judge us harshly.
The Independent Review Commission (Kriegler) was created to help us understand what went so wrong with our elections that we ended up slaughtering each other. It recommended that we need a total overhaul of our electoral laws, that the Electoral Commission of Kenya needs to be changed, and made a judicial finding that the elections in 2007 were so flawed that neither Kibaki nor Raila can claim a mandate based on a free and fair victory. To avoid mayhem in future elections, we need to act now and implement the Kriegler Commission’s recommendations.
Yet, our politicians have made garbage out of the Kriegler report. Both the PNU and the ODM, the principal antagonists, thump their chests and claim victory. In doing so, such politicians ignore the core essence of the Kriegler report; that our electoral laws are so flawed that we will fight and continue fighting every time there are elections. The truth is that the current electoral laws cannot deliver a free and fair election. Judge Kriegler may have his shortcomings in diplomacy but he is right; Kenya’s electoral laws need an immediate overhaul.
The Commission of Inquiry into the Post Election Violence (Waki) had the duty of finding out what and who was responsible for the post elections violence. The commission made a report and gave a list of those implicated as the organizers and financiers of the violence to the two principals; the President and the Prime Minister; and also to Kofi Annan, the Chair of the Panel of Eminent African Persons who brokered the National Accord which stopped the violence on February 28th 2008. Within days of the reports publication on October 15th 2008, Members of Parliament started holding rallies and night meetings to condemn the findings and recommendations in the Waki Report.
Do our dead children, raped mothers and burnt homes matter that little to the politicians in PNU and ODM? Thousands of families lost all their worldly belongings when they were uprooted from their homes. Kenyans of all ethnic origins were evicted from their homes. There are Kenyans of all ethnic origins in so called internally displaced persons’ camps surviving on the charity of the few well-wishers who have resources to spare. Does no politician care about our well being?
Politicians are rubbishing the Waki report. It is, in their opinion, hearsay and rumours. They insist that those amongst them who are possibly listed as perpetrators and financiers of post election violence are being treated unfairly, in breach of the constitutional right to be heard.
They are right, our laws require a hearing before condemnation, but who heard the thousands that were killed? When the police shot dead the youth, who heard them? When the Kiambaa church was burnt, who heard the victims who died in the conflagration that started because of political incitement? When 11 members of Mr Ndege’s family were burnt alive in Naivasha, who heard them? When demonstrators were shot and gunned down like hunted animals in the slums of Kisumu, Nairobi, Naivasha, Nakuru, Mombasa and Eldoret, who heard them? Yes, it is important that every person accused of committing crimes be given a fair trial. That does not, however, mean that we look the other way when the reports point fingers at our blood-soaked political class (and more worrying business leaders).There are other commissions that were formed by the National Accord. The Truth, Justice and Reconciliation Commission (TJRC) that politicians are quick to mention was included. So was the National Ethnic and Race Relations Commission (NERC). The TJRC is supposed to address historical injustices from 1963 to 2007.
The NERC is intended to address tribal issues so that we can avoid violent encounters between tribes in the future. What hope do these have of ever being formed or of working if we trash the Kriegler and Waki commission reports?
We must remind the political class that it was our children that were killed, our wives, daughters and mothers that were raped, our homes that were burnt. We will forgive, but forgiveness is ours. No one, not even the President can forgive on our behalf. We remind the politicians also that our sons and husbands have gone missing. Until their safe return to our homes there shall be no amnesty for anyone. The same razor that shaved our youth shall shave our politicians. We remind the President and the Prime Minister that they broke ranks with their party MPs to make the deal we call the National Accord. We expect them to break ranks with their party MPs if that is what it takes to bring to book the accused. Both President Kibaki and Prime Minister Odinga were asking for an opportunity to lead Kenyans. We are asking them to show leadership at this time and to join the people of Kenya who are demanding that justice not only be done, but be seen to be done in our country.
As if Kenyans have not suffered enough at their hands, the Kenya Police and the military are increasingly reported to be abusing the human rights of innocent citizens in Mandera, Mt. Elgon, during the Post-Election period, against the Mungiki in 2007…We have no objections to reasonable measures taken to restore peace and security. We, however, object to insecurity, violence and abuse of human rights- regardless of who is causing it- and demand that claims of such abuses by state agents, whether police or military, be investigated and stern action taken against identified perpetrators. We demand that the ongoing military operation in Mandera that has put innocent Kenyans in concentration camps where beatings and other forms of torture are reported be halted with immediate effect, and action taken against any officers guilty of torturing Kenyans.
We demand that Members of the 10th Parliament respect all the provisions of the National Accord that gives the Grand Coalition Government its legality. Selective application of the provisions of the National Accord is not acceptable. The National Accord is the Law. It is a part of our Constitution. It must be implemented in full. The recommendations of the Independent Review Commission (Kriegler) and those of the Commission of Inquiry on Post Election Violence (Waki) must be fully implemented. Those implicated in the post election violence must be dealt with decisively, without fear or favour.
We demand that the Government cut its spending for the benefit of the poorest of the poor. For example, the Kshs 1.229 billion allocated to household and press services of the three top families would be better spent on buying relief food for the millions of Kenyans who cannot afford to buy food.
Reduction of the Recurrent Expenditure of Government and an increase in spending on the alleviation of the suffering of the poorest of the poor is an urgent national priority otherwise there will be reason to call the Grand Coalition a Grand Collusion against Kenyans.
The Grand Collusion: Things you should know: Since January 2008, the cost of food and basic items has quadrupled. The cost of maize floor- the staple food for most Kenyans- has now reached the Kshs. 100 mark. Kerosene which serves as fuel for poor Kenyans has more than doubled in cost. The cost of electricity has tripled. Soap, sugar, cooking oil, fresh produce have all risen beyond the capacity of the ordinary Kenyan household. Parents have to choose between sharing pitifully small and poorly cooked meals with their starving children. Millions of adult Kenyans are now surviving on only one small meal per day.Feeding the President, Prime Minister and Vice-President: The Grand Collusion Government takes every opportunity to remind us that the rising cost of living is a global problem. Granted, there is a problem with the rising cost of food and energy worldwide. But it is also true that in the 2008-2009 budget, the starving masses of Kenyans will pay a whopping Kshs. 1.229 billions for the household and press publicity needs of the families of the top three leaders- Kibaki, Raila, and Kalonzo. Those three leaders together with their wives and children and press crew will consume from the national budget approximately 16 million USD. This is unfair and intolerable because the amount of public funds spent on the three top households is greater than is allocated for building roads (Kshs 1.2 billion). It is greater than the amount of money allocated to the Youth Enterprise Fund & Empowerment Centres (Kshs 750 million).State House household and publicity costs alone will consume more money (Kshs. 888 million) than the amount allocated to Cooperative Development and Marketing (Kshs 882 million). The Vice President’s household gobbles up more money (Kshs. 231 million) than what is allocated to Northern Kenyan and Arid Lands where Kenyans, including those in Ukambani Vice President Kalonzo’s backyard who continue to starve to death (Kshs. 228 million). Together the Prime Minister and the Vice President will get more money for their households and publicity (Kshs. 342 million) than the budget of the Ministry of Nairobi Metropolitan Development which is expected to uplift the standards of living for millions of Nairobi residents, especially the poor slum-dwellers(Kshs. 260 million).
Put bluntly, Mwai & Lucy Kibaki, Raila & Ida Odinga, Kalonzo and Pauline Musyoka - 6 people- will consume more money (Kshs 1.229 billion) than the amount of money allocated for building the Business Process Outsourcing Park which is expected to employ 10,000 Kenyans (Kshs. 900 million). 6 people have been allocated more money for food and media than a facility that will employ 10,000 Kenyans! How can this be right?
The rising cost of living is a local problem: The Grand Coalition Government is spending money that could provide food for 340,000 Kenyans on only 6 people. That’s a very local problem! It involves poor mathematics, lack of morals, gluttony, selfishness, poor planning and abuse of office and public trust. There is nothing global about the difficulties we are facing. Our problem is local. We have allowede a situation where every month Kshs 100 million is spent on 6 people and their households - that;s right Kshs 34 million per day for household services and media for 6 people! Finding Kshs. 34 million per day to feed 6 people is not a global problem. Kshs. 34 million, even at the expensive cost of Kshs. 100, is enough to give a packet of maize flour to 340,000 families every day of a 365 day year. This is what a moral Government would do.
Factories are closing down because of the increased cost of electricity. “The government cannot assist, it is “a global problem”. The cost of fuel now stands at Kshs. 100 per litre. Ironically, the government keeps urging struggling Kenyans to take action against multi-national oil companies to demand a price reduction. The government conveniently forgets to tell Kenyans that for every Kshs. 100 spent on fuel, the government collects Kshs. 47 through different taxes. There is nothing global about the Kenya Revenue Authority collecting Kshs. 47 out of 100 from poor Kenyans, and giving it to the Government, less the KRA’s “commission (about 4% of tax), which spends this money on the privileged few who work for it rather than on development for the neediest! All that would be needed would be for the government to zero-rate fuel- even if just Kerosene which is used for cooking- to offer noticeable relief. At the current world prices Kerosene, when zero-rated, would cost less than Kshs. 25 per litre, while petrol would only cost Kshs. 45 per litre.There are many reports of Kenyans starving in Northern Kenya, in Eastern, Rift Valley, Coast and Central provinces. The government cannot assist, it is “a global problem”.
Poor pastoralists in Northern Kenya are watching their children and animals die because they cannot access water and pasture. Starvation results in tension between neighboring communities which have been reduced to a state of nature in which the strongest survive by forcibly taking control of viable pasture land and water resources. Instead of dealing with the root causes of resource conflicts, by providing the people with relief, the Grand Coalition Government is responding with unwarranted high-handedness and brutalizing its own citizens.
Thus we read credible media reports of entire villages being subjected to torture by security forces. Shocking reports of human rights abuses are in the public domain, compiled at public expense by respected bodies such as the Government’s own Kenya National Commission on Human Rights. Grassroot networks report also that people in these “security operation” areas are being rounded up in the wee hours of the morning and indiscriminately beaten and maimed by security forces. How is it tolerable that
Jock Scott type operations are happening in Kenya in the year 2008, and particulalry in view of Agenda One of the National Accord?
The Kshs. 1.229 billion we are spending on the households and vanity of a few is enough to drill more than 2,450 boreholes in arid areas at a cost Kshs. 500,000 per borehole. If the military were mobilised to drill the boreholes instead of beating starving Kenyans, the amount may be enough to offer a permanent solution to the water and pasture problems that cause fights to erupt in the arid areas. Better off Kenyans, who do not live in the arid lands, have remained silent on these matters - but for how much longer will we be silent? Perhaps they will speak when their turn for abuse comes?
While insisting that it understands the difficulties facing Kenyans the government has allowed local authorities across Kenya to double the cost of vehicle parking fees in major towns. Effectively that translates to an increase in the cost of travel for all commuting Kenyans since the government offers no parking for public transport vehicles. An increase in daily parking fees will affect the poorest commuters most as travel fares increase. You will walk to work or to look for work. Announcing the increase Mudavadi, a Deputy Prime Minister in the Grand Coalition Government who no doubt has the best possible official transportation, said that the increase was made necessary by a need to raise local authority revenues and the fact that, in his opinion, Kenyans have a lot of money. Most local authorities have formed the habit of stealing all cash revenues and this is documented by the Ministry of Local Government. So how can it be government policy to ignore local authority corruption in allowing them to “hit” the commuters for more cash for their bottomless pit of councillors’ allowances and perks? Deputy Prime Minister Mudavadi needs to do some soul searching on this one, and consider the macro-economic effect of his casual statements of alleged facts.
There is grand corruption in the Grand Collusion Government - just read the papers. Public assets are being disposed off with wanton negligence, and sometimes in contempt of Parliament, and in breach of Kenyan privatization and disposal of public assets laws. Hotels worth billions are being sold for a song. Our railway services were given to a company which has never given a single cent to the Treasury. Why we ever required to partner with this failing investor is a mystery. Today, Kenya Railways generates paper profits, but when it ran the only railway we have (Mombasa to Kisumu with a few branch lines into central Kenya and rift valley) iot was a cash cow for politically correct looters who stole its workers’ pensions, sold its tracks for scrap, and grabbed its physical assets including prime land in urban areas. Since Independence 45 years ago the Railway Corporation sucked up billions of public funds and yet it never invested in adding a single inch of railway track - yet during the same period the Kenyan Government has borrowed and repaid international creditors over Kshs 11.5 billion! Transport empires were built as the railway ceased to transport human and other cargo. The losses reported at Kenya Railways were political. Politicians created the impression of losses so that they could pillage without sanction. Grand corruption meant that Kenya Railways which was generating billions each year was given away for free. Pensioners of the railway service have now been left fighting for pensions with poorer Kenyans who live in squalid Kenya Railways stables without decent water and sewer service. Meanwhile, the Grand Coalition Government promises action that is never taken.
In January 2008, the ODM leadership convinced thousands of Kenyans and the international community that the judicial system was so flawed that they could not file a petition to challenge the results of the presidential elections at the High Court in Kenya. On their instigation poor Kenyans took to mass action organizing sustained protests. Others took to violence against ordinary Kenyans for a myriad of reasons (both inducements and incitements). When asked to request the violent protestors to cease hostilities, the Prime Minister replied on several occasions that he could not ask Kenyans to stop the violent protests; they were only exercising their democratic rights - after all, the courts in Kenya couldn’t be trusted to settle the dispute.
We are concerned that 75 ODM Members of Parliament have resolved to unanimously reject the results of the Waki Commission which include a recommendation that those (politicians) suspected of masterminding the wanton carnage and destruction of property early this year be tried by a tribunal to be created in Kenya for that purpose or, failing that, to be tried at the International Criminal Court at the Hague. Reports were that the decision by the ODM MPs was unanimous which would suggest that, contrary to reports in the media to the contrary, the Prime Minister is included among the ODM politicians who seem to have found new confidence in the judicial system. If the judicial system in Kenya was too flawed for the ODM to file election petitions how, pray tell, is such a flawed system expected to offer justice in cases where the rich, powerful and mighty are accused of crimes against humanity? Have the ODM’s general membership even been consulted on this policy of disobedience to the National Accord?
In an attempt to catch up with the ODM brotherhood, PNU politicians hurriedly met to discuss the Waki report. They, too, found it wanting. Some in their ranks are rumoured to be included in the list of the financiers and organisers of the violence. Urgent action was needed to protect their own. A few months ago, gangs of PNU politicians ran helter skelter around the country insisting that the youths that were arrested for taking part in the violence should not be pardoned. During this year’s labour day speech, the President said that those asking for amnesty for the youth must be insane. When the PNU golden boys are on the chopping block, the President suddenly wants Kenyans to be more forgiving. Hogwash.
What can you do to change the tide?
Send/give this message to as many people as possible.
Demand the full implementation of the National Accord including the Kriegler and Waki commission reports
Participate in non-violent actions (prayers, processions, demonstrations,wear a white ribbon etc)
Communicate your discontent to your MP, political party, the President and the Prime Minister.
Read more to understand what the politicians are doing, and teach others.
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