Category Archives: News Analysis

Kenya sees HIV prevalence rate drop, more needs to be done

Posted on by
Reply

The government has announced a drop in the HIV prevalence rate in Kenya from a high 14% to a relatively low 5%. These figures were announced by Prof. Were, the chairperson of the National Aids Control Council. Prof. Were also added that the number of people on ARVs had increased from a paltry 2000 five years ago to 150,000 in 2007.

This is good news. However, a lot more needs to be done. West African countries like Senegal have showed that with government commitment and cultural changes the scourge of AIDS can be kept at bay.

Among things that ought to change are traditional practices that belong in the pre-AIDS era. I am talking about wife inheritance in my home province of Nyanza and sharing of material during communal circumcisions across the country. Other areas to be looked at are religious practices and teachings that may encourage the spread of the disease. Being a Catholic, I am embarrassed by my church’s insistence that people should not use condoms even as they die like flies from this terrible malady. The government should talk straight with the church on this issue and require them not to preach from the pulpits anything that might jeopardize the success of the national anti-AIDS campaign.

Kenyans also need to change certain social practices. A friend of mine told me that when she visited Africa – South Africa and Swaziland – she was struck by the utter lack of faithfulness among couples. This might explain the high AIDS prevalence rates in Southern Africa and is also true in East Africa. Kenyans need to be more responsible with their sexuality by planning well with regards to matters sexual. The government and interested groups ought to be more aggressive in their family planning and sexual education initiatives in order to ensure that the gains that have been made in the last six years are improved upon.

I believe that with a concerted effort from the government, churches and cultural icons – like the Ker in Luo Nyanza for instance – Kenya can achieve a prevalence rate of less than 1% in the not so distant future. The majority Muslim countries of West Africa have managed to have low infection rates with little resources and so can we in the East, and possibly lend our ideas to the Southerners who are the worst affected by this scourge.

Anjouan attack a real test for the AU

Posted on by
Reply

The African Union is finally flexing some muscles. It is now certain that an AU backed force is set to attack the renegade Comoros island of Anjouan in an attempt to bring it back to the fold of the islands that form the Comoros. So far, South Africa and some reports say France are against the move but the rest of the continent, very wary of secessionists, seem to be OK with the idea of invading the island and doing all that is necessary, including killing the renegade leader of Anjouan – Mohamed Bacar – to restore Moroni’s rule on the island.

As I have written many times before, I have no love for secessionists. I believe that it is partly because of African dissenters’ (most of whom were opportunist egg heads) love for the gun that most of the continent remains in pre-modern times due to the ravages of civil wars and their aftermath. African maps were drawn arbitrarily by some old Europeans, but so what? In any case the Berlin conference saved the continent from going through bloody wars of nation creation like Europe did through most of the middle ages until and in some cases beyond the 1648 treaty of Westphalia that established the nation-state as we know it. That said, I think the problem of rival “nations” being forced into one state is a legitimate problem. However, current global trends can take care of this. As the salience of national boundaries continue to diminish, Africa should take advantage of this and open up its borders to allow free flow of people and capital. This will reduce the continent’s persistent internal feuds and will also be good for the continental economy. Intra-continental should more than the paltry 11% that it is right now.

Going back to Anjouan and the AU. I think it is commendable that this talk shop that we call the AU is finally doing something meaningful. I wish they could do more, especially in cases like Darfur, Somalia and the DRC. A lot of African armies sit in their barracks doing absolutely nothing. Why can’t they form a force and then solicit international funding and go ahead and restore order in Somalia and the DRC? Sudan is a more complex issue, but if there is a will I think it’s case can be resolved too. The proxy US involvement in Somalia through Ethiopia could have been more successful if many other African countries were involved and not just Ethiopia, given the two countries’ bad history over the Ogaden.

So as we wait to see how Mr. Bacar goes down, let’s hope that the AU casualty count will not be high enough to discourage such involvements in the future and that a success in Anjouan will make Addis even more bold in the future and possibly give it the will to have a firmer hand in reigning in on wayward African leaders like Mugabe, Al-Bashir, Biya, Obiang……. .. (I can easily reach the high forties with this).

do not forget about Kenyan IDPs

Posted on by
1

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

Posted on by
1

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

Posted on by
2

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?

Posted on by
3

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.

18 killed in Laikipia skirmishes

Posted on by
1

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.

not yet a democracy, kenya’s false starts

Posted on by
2

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.

stop your genocidal agenda, al-bashir

Posted on by
Reply

The man behind the humanitarian catastrophe that is Darfur, one Omar Al-Bashir, is at it again, on another front. It has emerged that his government is backing the Arab Misseriya tribesmen against Southern Sudanese civilians in continuation of Al-Bashir’s genocidal agenda in Africa’s largest country.

The SPLM government of Southern Sudan said in a statement that its forces had killed about 70 armed Arab militias. In an editorial in the New York Times columnist Nick Kristof wrote about a contested town called Abyei that has been surrounded by armed Arab militias ready to attack. The status of the town is in question since both the North and Southern Sudan claim is as part of their autonomous territories. This latest incidence further confirms Al-Bashir’s commitment to using tribal militias as proxies for his continued refusal to honor the comprehensive peace agreement he signed with the late John Garang’ in 2005.

Just like in Darfur, Al-Bashir is using local tribal militias to kill, rape and maim innocent civilians that dare to protest against his autocratic rule that is biased against the South and other regions that are occupied by ethnic non-Arabs.

Al-Bashir’s policies toward the suffering masses in Darfur and elsewhere over the years confirm him to be a card-carrying latter day genocidal racist.

It is sad that the world continues to watch, with half hearted protests, as this murderous despot continues to kill and maim innocent women and children – the very people he is supposed to protect as president of Sudan.

This latest move by Al-Bashir will exert pressure on the delicate agreement that exists between North and Southern Sudan. Al-Bashir knows that consistent with the agreement, the South will definitely secede when they have a referendum in 2011. Before then he wants to gain control over as much potentially-oil-rich land as possible, even if it means killing innocent civilians. This is the case in Abyei and surrounding areas.

Al-Bashir is hiding behind Sudan’s “Islamic Country” status to keep the West at bay. So I think it is up to the rest of Africa to act. This guy needs to be stopped yesterday. If he doesn’t and the war escalates then I think the rest of Africa should consider putting together a joint force to keep him out of Darfur and Southern Sudan. This is the least we can do in honor of the millions that have died over the last three decades due to Northern Sudan’s racist arrogance. Africa owes this not only to the Darfuris and Southern Sudanese but also to itself.

really president biya, really?

Posted on by
3

Paul Biya, a man who has been president of Cameroon since the 6th of November 1982, keeps giving hints that he plans to amend the constitution of Cameroon to remove a clause limiting the president’s term in office. Although the next elections are not due till 2011, Biya has been dropping hints that he wants the law changed in order to guarantee himself another SEVEN YEAR term in 2011.

Cameroon currently faces violent protests over a recent increase in fuel prices – forget that Cameroon is a petroleum producer, albeit a modest one. Although the prices were lowered after the first wave of protests, the protesters have now extended their demand to include a reduction in the price of not just fuel but food and other items as well. The opposition has promised to keep up with the mass protests if Biya goes ahead with the constitutional amendment.

The 75 year old has had over 25 years to make the lives of Cameroonians better but failed miserably. Over 40% of his country people still live below the poverty line. Official unemployment figures show that about 30% of the labor force is unemployed. Real figures are much higher than this (knowing how incompetent African statistics bureaus are). One wonders what more this old man has to offer to his country after he gives himself another seven years in office in 2011.

Whatever happened to basic decency? Why is it that our leaders feel that they can do whatever they want and get away with it? Do these people have any shame?

If anyone close to Biya reads this please tell him that third term amendments are kind of last-century. Obasanjo ought to have been the last shameful attempt at this. Africa will not claim the 21st century and indeed not even the fourth millennium if we keep up with this third term amendment nonsense. So get real President Biya. Competition breeds excellence, so let competition thrive.

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

Posted on by
Reply

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

Posted on by
3

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

Posted on by
Reply

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?

Posted on by
1

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.

ODM threat of more protests in bad taste

Posted on by
2

The latest threat by ODM that it will stage street protests if parliament does not meet in a week to enact into law proposals made at the Annan-led mediation talks could not have come at a worse time. The country still hangs on the edge following flawed elections last December that resulted in the killing of over 1000 innocent Kenyans and the displacement of hundreds of thousands. Taking hard-line positions like this is not good for the talks. ODM should find a better way of coercing PNU into an agreement than risking the lives of more Kenyans.

I think ODM and PNU should give the talks a chance and stop issuing ultimatums. The hard-line brinkmanship exhibited by the voluble foot soldiers on both sides of the aisle is bad for the country. The ODM leadership and PNU operatives like Hon. Martha Karua, Moses Wetangula and Amos Kimunya should realise that Kenya is bigger than any one individual. The country needs reconciliation and humility more than the chest thumping that we continue to see from these politicians.

The fact of the matter is that as things stand, neither PNU nor ODM can govern the country effectively on its own. That the December elections were seriously flawed is no longer a bone of contention. Juja, Maragua (PNU) and parts of Nyanza (ODM) are proof of the fact.

Right now what the country needs is a negotiated settlement with some power sharing, constitutional changes and then an election in a few years. This is the least that the Martha Karuas and Peter Nyong’os of Kenya can do for their country. We can’t afford to stall the process of economic growth and modernization because of tribal squabbles. Kenyans should not be denied a chance to realise their dreams and ambitions because of a few greedy, power hungry politicians.

So to ODM and PNU: Share power. Build roads. Make the markets more efficient. Provide education and healthcare. And while you are at it show some basic decency – less kleptocracy, tribalism and corruption. You owe this to Kenyans and to Africans. Kenyans cannot afford another dark decade like we did in the 80s under Moi obduracy and thievery.

The world is watching. Kenyans are watching too, some dying, some displaced and some apathetic.