do not forget about Kenyan IDPs

Right now Kenyan seems to be holding its breath eagerly waiting to find out whether politicians from their “ethnic homelands” will be appointed to the cabinet. Lost to most Kenyans, and sadly this includes even the mainstream media, is the case of the hundreds of thousands of Kenyans who still haven’t been able to go back home after marauding gangs of murders killed their kin and drove them out of their homes simply because they spoke a different language.

Frankly speaking I did not expect the politicians to remember the plight of those who fought and even lost relatives and property in their names. Kibaki and his cronies got the violence to stop and calm return. Raila now eagerly awaits the plum post of Premier and his colleagues in the ODM can expect cabinet positions. All well and good.

The average Wanjiku, Atieno and Nafula can go to hell for all these people care. They got their rewards and that is all that matters to them. After causing the mess that killed more than 1500 Kenyans, the best this group of leeches can do is be seen on pool sides in Mombasa’s South Beach where most of them are spending their Easter Holidays. Forget about the little Muriukis and Omondis in IDP camps who are yet to return to school and who will have a very miserable and hunger-filled Easter. Or the old lady from the Rift Valley who after having spent her entire adult life in Nakuru had to flee to a strange land called Murang’a simply because she does not speak the language of the supposed “ancestral owners” of the land in the Rift Valley.

The same politicians are talking about having 34 expensive ministries. Can you believe this??!! 34 ministries!!! And this in a third world country where most people live in conditions that are utterly dehumanising.  Conditions very close to stuff that should only be experienced in anthropology text books about human evolution. These politicians act like they have never been outside our failing continent to other parts of the world where government is based on rational-legal processes and not myopic ethnic balancing acts that only serve to cement ethnic divisions.

I do not care if the MP for Alego, one Mr. Yinda,  gets a cabinet post or not. What I care about is whether the people of Alego, Nyeri and Mandera will have to continue living in embarrassing conditions or whether the political class will finally get its act together and come up with a development agenda to develop the entire country equitably and de-ethnicise it in the process. That is all I will ask for from Kibaki and Raila and their associates.

Why aren’t we seeing the faces or reading the stories of Kenyans suffering in refugee camps and contrasting these with those of politicians in expensive cars or on beaches? The lack of attention to the current suffering of Kenyans in IDP camps will only cement the idea in politicians’ heads that Kenyan lives are expendables that they can use any time to get what they want. Our continued silence will just prove true the adage that societies get the leaders they deserve, for our leaders are, in most cases, a true reflection of who we really are as a country.

kenyan parliament passes bill creating the post of prime minister

In an extraordinary session of parliament attended by the president himself in his capacity as member for Othaya, parliament unanimously passed the bill to create the post of prime minister, expected to be occupied by Hon. Raila Odinga. For the first time in Kenya’s history a sitting president attended parliament to contribute to a debate on the floor of the House. The president sat in the spot reserved for the official leader of government business in the House.

Members from both ODM and PNU expressed their support for the bill, the most notable contribution being from Hon. Martha Karua, who had previously been adamant that Kenya’s crisis be solved within the existing constitutional order. Hon. Karua, while contributing to the debate, said that “The law is made to serve man, not the other way round.” The thawing of relations even on the floor of the House is further sign that the political leadership in Kenya might be genuinely committed to reform in order to herald a new post-tribal Republic. I would, however, not hold my breath. The real test still lies ahead in cabinet appointments. Ethnic balancing vs. rationality will be the big fight and it will be interesting to see how Kibaki and Raila choose to juggle the two.

For now Kenyans can afford to be hopeful that things might actually change. This hope for change should not be just about power sharing at the top but be accompanied with genuine reforms in the public service and government policy. The culture of mediocrity has to stop. Leaders must openly and courageously face the task of modernizing the Kenyan Republic. No more Kenyans should ever die of hunger. No more Kenyans should ever have to live in dehumanizing conditions as exist in slums and in vast swathes of the countryside. May rationality and decency prevail from now on, however hard it may be.

the truth will not be pretty

When the truth finally emerges about Kenya’s very bloody post election violence, it will not be pretty. If Human Rights Watch has it right (and I highly suspect they do), it will be established that the violence in the Rift Valley and parts of Nairobi were meticulously planned by local leaders, big name politicians and business people. More than 1500 died people in the two-month nightmare.

It perplexes me how we shall be able, as a nation, to trust our leaders after they get mentioned to have planned the killings of fellow Kenyans. How can we trust people who organized the burning of 50 people, most of them women and children, in a church? How can we trust the other leaders who in turn organized an arson attack of their own that killed 19 in Naivasha?

The other question will be, where does the investigation stop. Does it stop will the local elders in the Rift Valley or should it go all the way to the national stage where big name politicians might be implicated? Does it stop with the Mungiki leaders in the wider central Kenya or does it go all the way to those who participated in the supposed meeting at State House to plan the reprisal attacks in Nakuru and Naivasha?

Kenya’s near collapse at the beginning of the year is yet again another confirmation of Africa’s lack of serious and dedicated leadership – both within governments and the civil society groups. Why do we always settle for such inept egg heads to lead us? And where is the media on this? Where is their investigative journalism? The media should expose the killers who killed innocent Kenyans for who they are. And our civil society should stop shouting from the roof tops and actually get their hands soiled for a worthy cause. Please give names, dates, numbers, hard facts. EXPOSE THESE KILLERS.

Kenya owes the 1500-plus victims justice. For too long we’ve hid behind a culture of mediocrity and complicity with killers, thugs and rapists. 1992, 1997 and 2007 need to be cleansed from our national conscience. One way to do this would be to bring to book the real perpetrators of the violence that gave us all, as Kenyans, a bad name. The bigger their names the better.

is this love-fest for real?

The ODM leader and Premier-designate Raila Odinga has lately been on a charm offensive. Raila has met with former opponents Karua, Kiraitu, Kimunya and on Friday was hanging out with Jimmy Kibaki and Fidel Odinga. The thawing of relations which was at first just between Raila and Kibaki seems to have spread to the surrogates of the president.

That said, I am still not convinced that things are going to be fine. One Francis Muthaura has already thrown some spanners into the works by his “clarification” the other day and I am sure the naming of the new cabinet will further reveal the differences that these two sides seem eager to hide. I am also not convinced because the love seems to be directed at only Raila and not the other top members of the ODM. For this thing to work it should not be just about Raila. The whole of ODM was aggrieved by the results of the elections and therefore all of ODM should be part of the ODM-PNU alliance.

Increasingly it seems like Raila is hogging all the attention as the rest of ODM hold their breath waiting for the cabinet appointments. I suspect that after the cabinet has been named cracks will start appearing in ODM if Raila is not seen to be fully inclusive of his pentagon colleagues in his engagement with PNU. ODM, although still very rough on the edges, is a promising political party with a national reach. If the party bosses want to be around for some time, they should use this time to cement institutionalism within the party and avoid the culture of personality politics that continues to render our political parties mere vehicles to power, devoid of any ideology or values.

david mwenje has passed away

Former Embakasi MP David K. Mwenje passed away on Thursday evening at Nariobi’s Aga Khan Hospital. Mwenje was admitted to the hospital on January 16 before passing into a coma shortly thereafter.

Mwenje was a fiery and sometimes abrasive politician who knew how to mobilise the crowds at the grassroots. The long time Embakasi MP, though not a particularly clean character, had over the years cultivated the image of being a man of the people which lent him an almost cult like following in his Embakasi constituency. He held the same seat since the eighties before losing out to the late Melitus Were in the 2007 general election.

The late MP will be remembered by his Embakasi supporters for having passionately fought for equitable land allocation in the area against well connected Moi cronies. Unfortunately, he will also be remembered for having been involved with the much feared, murderous gang by the name of Kamjesh that terrorised Nairobi residents for some time in the past and for his infamous fight in parliament with Mbita MP Otieno Kajwang’ that resulted in Kajwang’ biting him in the back.

Mwenje was buried at his home in Murang’a district in a ceremony attended by among others, Martha Karua, the minister for Justice and Constitutional Affairs. He was 55.

18 killed in Laikipia skirmishes

18 people have been killed after being attacked by gangs in Laikipia West in Kenya. The gangs also torched houses and made away with an unknown number of cattle. Members of the murderous gang that committed this heinous crime had guns and are believed to be part of a ring of cattle rustlers that have terrorised the area in recent days in the cover of the post-election violence that rocked parts of the country following the disputed December 27th elections. Just last week 9 people were killed and 100 houses burnt in Soilo and Muhotetu villages in the same area.

The Police Spokesperson, Mr. Kiraithe, said that 12 people have already been arrested in relation to the killings and will be charged in court for the murder of the 18 and arson. This incident further reminds us of just how non-existent the Kenyan government is outside of the major towns and cities. How can such armed gangs roam around committing the kinds of crimes the country has witnessed in Laikipia and Mt. Elgon without state agents knowing about it? And how can this happen even at the height of police presence throughout the country in the aftermath of the chaos of the last two months?

Surely Mr. Ali and his men can do better than this. And the Kenyan intelligence agencies should be roasted for not knowing anything about such operations by these gangs.

the kenyan military moves into Mt. elgon, finally

For a few months now a rag tag group of bandits calling itself the Sabaot Land Defense Force has been terrorizing the residents of Mt. Elgon in West Kenya. According to the Standard, the group has killed over 540 people in what it terms a war for land. According to a certain website (veracity of the facts therein not guaranteed), the group comprises of the Pok people who are trying to take land from the area’s indigenous community- the Cheptkitale Ogiek. I do not understand why the Kenyan government took so long before reacting to this group. The current move to use the military against the group is therefore most welcome, despite the fact that it is over 540 lives too late.

People like the members of this group should be made to realise that it is not an option to take arms against a sitting government (killing civilians is an affront to the government). I am not a fun of rebel movements, no matter what their cause is. Rebel movements have ensured that large parts of Africa remain in “pre-modern mode” because of incessant civil wars that have resulted in the deaths of millions – most of them being innocent women and children – and economic regression.

I hope that the Kenyan military will deal decisively with this gang and that the government will thereafter move in to settle the land issues once and for all. It is sad that there seems to be two Kenyas. One where human lives matter and government response is swift and a different one in places like West Pokot, Mt. Elgon and the Ethiopian border where the government only reacts to disasters and doesn’t seem to have any elaborate plan of action. Kenyans everywhere within our territorial boundaries should feel the full effect of government – taxes, police, justice, security, schools, healthcare, etc

not yet a democracy, kenya’s false starts

Three times Kenya has toyed with the idea of becoming a fledgling democracy and failed. The first time was the immediate post independence republic. Back then Kenyatta found it convenient to co-opt former president Moi and his KADU apparatchiks,  thereby rendering the country a de facto one party state and putting off full democracy for later. After the Limuru ouster of vice president Oginga Odinga and his lieutenants, the former VP emerged as the chief leader of the opposition but his party was too weak to provide any credible challenge to the independence party, KANU.

Moi made Kenya a de jure single party state after taking over from Kenyatta in ’78, a situation that persisted until the democratic wave of the 1990s swept away section 2a of the Kenyan constitution thus making Kenya a multiparty democracy. This was the second attempt. But 1992 did not create a true democracy. What Moi did was to ensure that the opposition was divided and muzzled to make them too weak to pose any serious challenge. On occasions he even co-opted the opposition – like was the case with Raila’s NDP in 2001. Through these means the man from Baringo managed to hold onto power until December 2002 when he was pushed out by a constitutional limit to terms.

2002 marked the beginning of the third attempt. KANU was in the opposition and Kenyans were in high spirits. A few months into the Kibaki presidency tragedy started to strike. MPs died in freak accidents, Kenya lost one of its most illustrious sons in the name of Michael Kijana Wamalwa. And NARC fell apart. The NARC fallout created so much animosity and mistrust that the LDP faction had to opt out. ODM was formed in the process. KANU, or a section of it, was co-opted into the Kibaki government. The official opposition party was severely weakened.

With the resultant level of mistrust, Kenyans headed for the 2007 general election. Kibaki (or his lieutenants) was (were) determined to stay in power. With the all powerful Moi out of the picture, Kibaki and Raila were political equals and thus were determined to fight it to the bitter end. For a moment it seemed like Kenya was a true democracy. No one had any significant undue advantage. The playing field seemed level enough.

But something was missing. In a true democracy where the outcome of elections can be tight and highly uncertain, there is need for very strong institutions. This was lacking in Kenya. You had a case where neither of the contestants in the ring could deliver a knockout punch to be the outright winner and so you needed a win by points – the only problem was that the officials were all compromised, making it impossible to know the real winner. This third time Kenyans had put the cart before the horse. Competition was high but without the necessary supporting institutions. Kivuitu and his commissioners let their country down.

The system thus gave in, unleashing a wave of killings that shocked many across the globe. The third attempt became yet another failure.

And now we are back to square one. After Raila and his ODM join the government, Kenya will be a de facto one party state. Although ODM may survive the marriage, I highly doubt that any of the other parties will. I foresee a scenario in 2012 in which there will be yet another hurried creation of a party like the PNU for political expediency. And the cycle will continue – more ad hoc political alliances without any principles, ideologies or values……

Looking at the current battle withing the US democratic party, I can’t help but wonder when we shall have strong enough parties to withstand such gruesome intra-party competition without defections and political re-alignments, let alone have a free and fair presidential election.

kenya’s 10th parliament officially opens

The official opening of Kenya’s tenth parliament took place on Thursday afternoon amid high expectations of national reconciliation and healing. The president’s speech laid emphasis on the need to urgently amend the constitution in order to create the constitutional framework for the implementation of the deal that he signed a week ago with arch-rival Raila Odinga (It is important to note that since last Thursday these two have become bosom buddies, they are always smiling at each other in public. I hope this love-fest persists and extends to their lieutenants as well).

The ball is now in parliament’s court. The MPs need to expedite the enactment of the relevant laws to ensure that Kenyans have a speedy return to normalcy – the most needy now being the hundreds of thousands of IDPs who have been moved away from where they used to call home. I still think that it was a big mistake for the government to move people to their “ancestral homelands.” The government should have provided security for the people wherever they were even as the land problems are being addressed.

After the land issue is cleared (yeah, I am gonna be delusional for a moment), those that legitimately owned land should be guaranteed a right to return even though they may be returning to areas inhabited by people that speak a different language. I am also looking forward to reading the ethnic equality bill that is being rumored to be in the works. I hope they’ve designed so that we can finally do away with all the tribes and just have one nation of rational, law abiding citizens.

And as parliament looks at these issues we hope that they won’t be tempted to award themselves hefty pay increases primarily because Kenya already has too big of a government – and one that will increase with the creation of the post of a premier and two deputies.

Mang’u is back, but do i say?

Ok, some vanity once in a while is good for the soul ………..

My former High School, Mang’u, emerged top of the nation in the just announced results of last year’s Kenya Certificate of Secondary Education (KCSE) exams. It took nearly two decades for Mang’u to retain the number one slot which has in the recent past been the reserve of fellow academic powerhouses Starehe, Alliance and Precious Blood-Riruta. The last time Mang’u led the nation was in 1989.

Created in 1925 by the Holy Ghost Fathers missionaries, the school has always maintained a history of academic and athletic excellence. Notable sons of Mang’u include the late Arch-bishop of Nairobi Cardinal Maurice Otunga, the current president of Kenya, Hon. Mwai Kibaki, cabinet ministers John Michuki and George Saitoti, among others in various professions and walks of life.

Congratulations class of 2007, you have done us proud.

JISHINDE USHINDE

kibaki and raila sign deal

Emerging from a five hour meeting between president Mwai Kibaki and Hon. Raila Odinga, Kofi Annan said that the two had managed to reach an agreement that will effectively end the post-election standoff that has so far led to the death of more than 1500 and displacement of hundreds of thousands.

Details of the deal between Kibaki and Raila include the creation of the post of a prime minister which will be occupied by the leader of the party with a majority in government – in this case the ODM led by Raila – and two deputies that will come from both ODM and PNU. The Premier will supervise ministers and will be part of the cabinet. His security of tenure will be guaranteed unless he loses a motion of no confidence in parliament.

The deal also guaranteed representation in government relative to parliamentary strength. This will see many ODM parliamentarians appointed as ministers since ODM has a slight majority in parliament relative to the PNU and its affiliate parties.

President Kibaki announced that parliament will resume next Thursday to enact the details of the agreement into law.

Kudos to Kofi Annan, Presidents Kikwete and Mkapa of Tanzania and former South African first lady Graca Machel for making sure that a deal was reached sooner than later.

Kenya is not out of the deep end yet. ODM and PNU do not like each other. I am just wondering how they are going to form a joint cabinet and follow through a joint agenda in parliament and elsewhere once this grand coalition takes shape. But for now lets all celebrate sanity and rationality. Congratulations to Raila and Kibaki for minding the welfare of Kenyans.

odm calls off protests, kibaki reiterates his commitment to PM post

The Orange Democratic Movement leader Hon. Raila Odinga on Wednesday called off street protests scheduled for Thursday in an effort to give a conciliatory cue to the Party of National Unity. Hon. Raila said that in order to express their commitment to the talks which appear headed for the doldrums his party had called off mass protests in major cities until further notice. The ODM is in talks with the ruling PNU to try and hammer out a power sharing agreement after an election that many believe was too flawed to determine a winner and which ODM maintains it won.

Over 1500 people have since died in election-related violence since the electoral commission chairman, one Samuel Kivuitu, announced the results amid protests of foul play by the opposition and international observers. Hundreds of thousands remain displaced both within Kenya and in neighbouring countries like Uganda and Tanzania.

Meanwhile, President Mwai Kibaki has reiterated his commitment to the creation of a Prime Minister’s post and two deputy slots in an attempt to accommodate the ODM in a power-sharing arrangement. Kibaki also reminded Kenyans that he is committed to the speedy resolution of the talks in order to give Kenyans a chance to return to normalcy. The president’s statement gave signs that may be the PNU is willing to bend backwards and concede some ground to the ODM with regard to demands for an executive premier with some clout.

Kibaki however remained adamant that the creation of a premier must be done withing the current constitution but promised to deliver comprehensive constitutional amendments in the next one year. ODM wants the premier’s post to be entrenched in the constitution to guarantee it security of tenure and insulate it against possible challenges in court.

Mr. Annan, the leader of the talks between the two feuding parties, met with both Hon. Raila and President Kibaki to try and talk them into agreeing to cede more ground to allow the talks to move forward. The talks are a make or break for Kenya, a country that for forty years had the image of a peaceful oasis in a desert of conflicts but which now hangs on the edge of the cliff and is threatened with total collapse.

If the talks do not succeed, many analysts predict a return to violence and chaos throughout the Rift Valley province and in major cities and towns, especially in the west of the country which is an opposition stronghold.

kenyan talks suspended

A statement from Kofi Annan, the mediator in Kenya’s post election negotiations, has said that the talks have been suspended for the moment so that he can meet with the two principals – President Kibaki and Hon. Raila Odinga – to try and find a quicker way to arrive at a solution to the main contentious issue of duties and powers of the proposed Premier.

The two sides have agreed, in principle, to share power through the creation of the post of Prime Minister that will be occupied by the opposition leader Raila Odinga. However, both sides have bitterly disagreed as to what powers the proposed Premier would have. The opposition group, ODM, that claims it won last December’s election insist that the Premier should have executive authority and some autonomy from the president while the ruling PNU want the creation of a ceremonial Premier position with no more power than the secretary to the cabinet and who is directly answerable to the president.

Meanwhile, it emerged, as expected, that majority of those killed in the post election clashes in Western and Nyanza provinces of Kenya died of gun shot wounds. Throughout the violence the opposition had maintained that the police was using live rounds to quell violence and in the process was killing innocent civilians – including young school children. While I am averse to speculations, it is interesting to note that these two regions are perceived to be opposition strongholds. In the Rift Valley however, where most of the killings occurred, most of the dead died of machete and arrow wounds. It is puzzling why firearm force that was widely used in Western Kenya to stop mere looters was not used in the Rift Valley to stop real  murderers from both sides of the “tribal” divide.

I will not blame this on tribalism. I blame it purely on gross incompetence on the part of Gen. Hussein Ali and his men. He and his police force owe Kenya more than their erratic, uncoordinated and extremely amateur response to the violence that nearly tore the country apart.

So the talks remain suspended. Kenyans continue to live with heightened tension. Economic progress both in the country and in the region continues to be stalled. And all because of a few wealthy individuals who cannot decide which group among them will have the power, over the next five years, to steal from the Kenyan people. God have mercy on Kenyans.

annan threatens to leave Kenyan talks

Kofi Annan has threatened to leave the Kenyan talks if no progress is made soon. Mr. Annan has been leading talks aimed at finding a lasting solution to some of the problems that caused and/or were results of the flawed elections held in the country last December. According to an aide to Mr. Annan, the former UN boss lamented that he had put a lot of important things on hold to be a part of the talks and that if it emerged that the negotiating parties were not willing to reach a compromise soon he would leave.

The talks, according to recent media briefings, have reached a critical stage. Both the government and the opposition have agreed on the creation of a prime minister’s post that will be occupied by the opposition leader Raila Odinga. However, the problem has been whether the prime minister should have some executive powers or not. The government insists that the current constitution allows for the creation of a non-executive premier while the opposition wants an amendment to create the position of an executive premier and also for an equal share of cabinet positions and other appointments.

I hate to be pessimistic but things look really bad for this East African country. With the imminent collapse of the talks, the government will probably get marginalised by the international community, a situation that will make it even more autocratic and impervious to the wishes of ordinary Kenyans. Inevitably there will be more tribal bloodshed because the opposition remains adamant in its insistence that it won the elections held last December. Plus the post-election violence has divided the country on tribal lines so much that any national reconciliation will necessarily need ODM and PNU to come up with a political solution and possible a broad-based transitional government.

Kenya is steadily turning into the Ivory Coast. The latter, a former third biggest economy in sub-Saharan Africa, descended into civil strife soon after fraudulent elections were held following the death of long time strongman Houphouet Boigny. Kenya, like Boigny-Ivory Coast, was relatively stable during the iron fisted reign of Daniel Arap Moi for nearly a quarter of a century. However, after last year’s fraudulent elections that saw the return of the incumbent Mwai Kibaki, violence erupted that resulted in the death of more than 1000 people and destruction of property worth billions of shillings.

Both sides of the political divide seem not to have the interest of ordinary Kenyans at heart. The business community and the rest of the civil society seem to have taken a wait-and-see stance. Meanwhile hundreds of thousands of Kenyans remain displaced in IDP camps without enough food or medication.

Three months ago no one would have predicted that Kenya would become yet another African statistic to be mentioned in the same light with the likes of Ivory Coast, Somalia, Zimbabwe …….. and all the others.

There may still be time to save the situation. But as things stand, I think the country is still in the eye of the storm – with more trouble to come before sanity returns. I just hope that Kenya and Kenyans are strong enough to endure through all this and emerge as an even stronger country.

who is this person?

The law is an ass. If you disagree then what can you make of a Kenyan, in this time of deep crisis, filing a case in court to stop the ongoing Kofi Annan led negotiations on the grounds that they are unconstitutional and in gross violation of his rights – with regard to whom he voted for in Kenya’s December 27th elections?

A gentleman by the name Anthony Ndung’u Kirori wants the courts to stop the talks and instead ask the ODM to seek redress over last year’s flawed elections throught the courts. The case will be heard on Monday. My guess is that reason will prevail at the high courts and this case will be thrown out, or in typical Kenyan fashion, will be allowed to drag on without any ruling until the talks are concluded.

But Anthony Ndung’u Kirori is not crazy at all. Although his intentions may be suspect given Kenya’s unique situation, he is right when he says that election petitions should be handled by courts and not a former UN secretary general. However, this gentleman also ought to know that as much as Kenyans should remain subordinate to the law, the law was made to serve Kenyans and not the other way round. The law is not an end in itself.

The law was designed to grant Kenyans a safe environment to live and pursue their dreams. So going by this argument, if the implementation of a given law would result in the collapse of society; mayhem, killings and general disorder (like the cessation of the Annan talks would), then the particular law would be going against the overall objective of all laws and should therefore be suppressed.

A good sign, perhaps, is the fact that Martha Karua – the justice minister – did climb down from her obduracy about the need to follow the law to the letter. Her climb down means that the executive knows that right now the most important thing is to find a way out of Kenya’s mess and the law should be used to serve that purpose. The judiciary should take cue and throw this case out as soon as possible.

That said, you’ve got to wonder what exactly Mr. Anthony Ndung’u Kirori wants for his country. You know that Kenya is still divided when people like Anthony go to court to stop talks aimed at stopping killings, rape, looting and destruction of property.