President Uhuru Kenyatta’s State of the National Address to Parliament

On Thursday President Uhuru Kenyatta presented his annual report to the joint session of Parliament. You can find the text of the speech here and the youtube clip here.

Key achievements of his administration over the last three years include (i) rural electrification (nearly all primary schools have been connected to the grid — THIS IS PRETTY BIG DEAL); (ii) the construction of a new railway line (the project is a corruption boondoggle, but the speed with which it is being carried out is stunning); and (iii) power generation.

Below is a word cloud showing some of the issues the president focused on. Corruption, health (hospital), security, and general service provision were the main policy areas that the president chose to focus on.

I was surprised by the failure of “agriculture”, “land”, “education”, and “infrastructure” to make the top twenty. “Road” had a respectable show. There was also a lot of politics — mainly directed at the opposition and civil society.

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Perhaps in reaction to David Ndii’s provocative article on the failure of the Kenya Project, the president’s speech was particularly nationalist. The words “Covenant” and “Nationalist” appeared 27 and 22 times, respectively, well ahead of key policy-related terms.

I am personally worried that the word “development” outperformed “economic/economy.” I hope this is not a signal that the government views the running of the economy as a massive “development project.” We all know how those usually turn out.

 

Justice, the ICC and Kenyan Politics

A panel of judges at the ICC will issue their ruling tomorrow afternoon on whether or not six accused Kenyans will stand trial. The six include two declared presidential candidates. Either way the ruling will have a non-trivial impact on the pursuit of justice for the victims of the 2007-08 post-election violence (PEV). It will also significantly shape the politics of coalition building in this year’s general elections.

Because of the ICC process, the Kenyan justice system has put on ice its own process of holding the perpetrators of the PEV to account. A non-confirmation of the charges against at least some of the six co-accused will add the 2007-08 PEV to the long list of crimes against Kenyans, many of which have been committed by the high and mighty, that have gone unpunished.

Justice is political. Therefore, there is no doubt that if the process of prosecuting the crimes committed in the PEV returns to Kenya none of the big fish will be held accountable. That is the sad truth.

This is why despite the noisy political environment, a majority of the PEV victims (and other Kenyans) still back the ICC process. At the very minimum they want justice to appear to be served.

At the moment the problem of justice remains a worry largely monopolized by the 300,000 or so Kenyans in IDP camps and the relatives of the over 1,300 who were killed. [The media and the political class are squarely to blame for this shameful situation.] For the rest of the country, focus has shifted to the politics of the general elections due later this year. To this we now turn.

Two of the accused, William Ruto and Uhuru Kenyatta have declared their interest in the presidency. Mr. Kenyatta is currently the second most preferred presidential candidate after Prime Minister Raila Odinga. Mr. Ruto, while not as popular nationally, still commands a sizeable chunk of the votes in the country’s most populous province – the Rift Valley. The Rift Valley has also been the hotbed of political violence in country’s history, most of it over land.

A confirmation of the charges will seriously dent the presidential ambitions of Messrs Ruto and Kenyatta. It will make it harder for either of them to sell their candidacy outside of their immediate ethnic constituency. It will also give their opponents (and there are plenty) an opportunity to hold themselves as the clean candidates that ought to succeed Kibaki. Needless to say, a non-confirmation would bolster the duo’s campaigns. What will this mean for the general election?

It is common knowledge that the man to beat in the 2012 election will be Mr. Odinga. The two scenarios above will impact the outcome of the election mainly through their influence on the coalition building abilities of the anti-Odinga crowd.

More on this tomorrow in reaction to the ICC ruling.

what if ruto and uhuru were jailed by the icc?

Kenyan politics is currently in flux. Two key presidential candidates, Uhuru Kenyatta and William Ruto may be barred from running for public office next year on constitutional grounds. The key beneficiaries of such an eventuality will most probably be Raila Odinga and Kalonzo Musyoka, the Premier and Vice President respectively.

But what would such an eventuality mean for Kenya?

I’d say not much.

Over the last few weeks Uhuru and Ruto have been crisscrossing the country and holding chest-thumping rallies to prove to someone – either the ICC or the Kenyan political and economic elite – that they have the support of the grassroots. They have also issued thinly veiled threats that violence may erupt in the country if they are whisked to the Hague and barred from running for president in next year’s general election. Why does Uhuru and Ruto feel the need to do this?

In my view, and according to the rules of power politics, a tiger need not shout about its tigritude [I believe it is the great son of Nigeria, Wole Soyinka who coined this phrase].

That Ruto and Uhuru have felt compelled to shout about their support-base and issue threats tells me that they are feeling the heat. The fact of the matter is that the key backers of the duo are the ones who would lose the most in case of a resurgence of violence – think of Kenyan retail, banking, insurance, media and transport barons. These are the people that will lose the most when the Mombasa-Kampala Highway is impassable and Equity Bank closes everywhere. They know this and Uhuru and Ruto also know this. Furthermore, igniting further violence would most certainly attract sterner reaction from international watchdogs like the ICC and the UN Security Council.

There is also the [small] matter that now ordinary Kenyans will also know where exactly the violence is coming from.

Violence is therefore not an option. Not for Ruto and Uhuru. Not for their backers. And most certainly not for the rest of Kenya.

I suggest that the rest of Kenya call their (Uhuru and Ruto’s) bluff about violence next year.

Their battles with justice should not derail the much needed institutional reforms that will take the country out of the miasma of mediocrity that continues to engulf most of the Continent.

In the final analysis, the words of former VP George Saitoti will ring true: There comes a time when Kenya gets bigger than any single individual. Ruto, Uhuru and the wider political class are about to be schooled on this maxim the harsh way.

ruto’s attempts to slow down icc process rejected

Embattled Kenyan politician William Ruto’s attempt to stop the ICC prosecutor Moreno Ocampo from issuing summons against him have hit a snag.

The three judge panel at the ICC rejected Mr. Ruto’s claim that Mr. Ocampo did not conduct proper investigations but instead relied on findings and reports by interested parties in Kenya, including the Waki Commission and the Kenya National Commission on Human Rights.

Mr. Ruto has been adversely mentioned by Mr. Ocampo’s office – along with five others – as a key mastermind of the violence that rocked parts of Kenya following disputed elections in 2007. More than 1300 people died and hundreds of thousands were displaced. Most of the displaced still live in makeshift tents in IDP camps.

More on this here.

the ICC and kenyan politics ahead of 2012

Finance Minister Uhuru Kenyatta and former Agriculture Minister William Ruto are arguably the biggest casualties of the ICC process. Mr. Kenyatta has been angling for the title of de facto leader of central Kenya while Mr. Ruto is the de facto leader of the Rift Valley Province.

Already within central Kenya cracks abound in the political mold. Ms Martha Karua and Mr. Peter Kenneth are rival contenders, with Mr. Kenyatta, in the Kibaki-succession game. Also in contention are the acephalous “Kikuyu underclass” which has felt sidelined and maligned by the wealthy ruling class from the region since independence. The Mungiki movement is a potential channel for this group to articulate their demands. The election of the likes of “Sonko” and Waititu in Nairobi may be a signal of things to come in 2012. The fight between the country club elite and the matatu generation appears almost inevitable. Should Mr. Kenyatta go down with the ICC process there will certainly be someone on the wings to take his position.

The situation in the Rift Valley is different. Mr. Ruto, like Mr. Odinga in Nyanza, hogs all the political power without any clear contenders on the wings. Should the Eldoret North MP go down with the ICC process, the Rift Valley caucus may end up divided and politically weakened, just like happened in Western Kenya after the death of Kijana Wamalwa. Possible unifiers in a post-Ruto era include Dr. Sally Kosgey and Mr. Samuel Poghisio.

What does all this mean for Kenyan politics?

Nobody knows.

Firstly, Kenya’s emboldened parliament will have to make the right calls as it continues in its march to become the sovereign in the land. If MPs choose to settle their differences over the ICC’s indictment of their men in the august house it will become a lose-lose situation. The new constitution will not be implemented as intended. Kenya may have to go through a snap election. And in the worst case scenario ethnic tension may explode into full out violence, again.

Secondly, president Kibaki must take charge. Even as he allows his lieutenants room to craft their means of political survival he must make sure that the impression that someone is in charge remains unshaken. The last thing the country needs is a feeling of a free for all situation.

And lastly, Mr. Odinga must not play petty politics with the ICC process. It is obvious that if everything works for Ocampo Mr. Odinga will be the biggest winner. But he must show restraint and calmness. The ICC process must not be made to appear to be a political witch hunt. In any case 2012 is still eons away in political terms. Plus he must consider the impression he will create if he is seen as completely throwing Ruto and Kosgey under the bus, two men who worked hard and delivered him the Rift Valley vote in the 2007 general election.

My take on the latest developments is mixed. On the one hand I like the move to end impunity. 1333 Kenyans died. Those who planned their murder should face justice. On the other hand I know that justice is political. And politics is messy. Perhaps the two principals (Kibaki and Odinga) could cut a deal with Ocampo to rescue their lieutenants in exchange for the latter staying out of politics (and perhaps serving a suspended sentence in Kenya) and contributing some of their wealth to the resettlement of displaced persons from the PEV chaos.

How I wish the whole nation wasn’t so fixated on this but on what Prof. Ndung’u of the CBK has to say about the state of the Kenyan economy or the latest projections on the state of the country’s financial, agricultural and manufacturing sectors.

I hope that Kenya’s captains of industry will not play politics but instead fund the right guys: guys who want macroeconomic and political stability so that more and more equities, access Kenyas and safaricoms can bloom in Kenya.

 

those opposed to the creation of an unrepresentative senate have a point

The Kenyan Draft Constitution seems to have hit a snag. A section of parliamentarians are opposed to the section of the proposed constitution that gives all counties equal powers via their elected senators. I agree with them. The to-be-formed senate, as currently constituted, grants too much power to sparsely populated counties. Theoretically, this should not make any difference because people could just move to better served, over-represented counties thereby balancing everything. But we all know that this does not happen in Kenya. The country remains divided into various “ethnic homelands” that are more often than not inhabited exclusively by a single ethnic group.

I hold the opinion that part of the reason why we currently have a corrupt and unresponsive political class is that those who actually pay taxes – and therefore feel the pinch of mismanagement of public funds – are grossly under-represented. For instance, Nairobi only has eight members of parliament even though it generates a huge chunk of Kenya’s tax revenue. Let us not worsen this by creating an even more powerful senate whose members will bribe their way into office with a few bags of sugar and flour per voter and then proceed to steal millions of urban Kenyans’ hard earned cash. I am not advocating for an urban-biased senate. What I am saying is that the constitution should, at a minimum, respect the principle of equal representation. Nairobians and other Kenyan urbanites should make it clear that they are not into the idea of taxation without equal representation.

The alternative would be to have independent incorporate urban districts that elect their own governments and have greater control over the collection and expenditure of their tax revenue. I don’t particularly like this idea though because places like Suba and Maragua still need Nairobi, Eldoret, Kisumu, Nyeri,Mombasa and others, to pull them up.

That is my peni nane opinion on this.

politics gets in the way of justice, again

The Kenyan cabinet yesterday decided not to set up a local tribunal to try those who organized the targeted killings of people who spoke certain languages (but lived in the “wrong” places) after the bungled general elections of late 2007. Instead, in an effort to assuage the fears of a hostile parliament, the president and his cabinet decided to clean up the police force and the judiciary and have these organs try the said suspects. Yeah right.

My doubts of the cabinet’s intentions are premised on the fact that reforming the police force and the judiciary will not take a few months. The police force is the most corrupt institution in this country. Reforming it will take years. Same with the judiciary. If we are to wait for the police and judges to stop taking bribes and begin respecting the rule of law before we initiate the prosecution process then we might as well forget about the whole thing.

I remain deeply skeptical of President Kibaki’s commitment to making sure that those who organized the killing of more than 1300 Kenyans be brought to book. If he really means what he said yesterday then he should begin by firing Attorney General Amos Wako. This is a man who has been in that position through the tortures of the Moi era, the killings that preceded the 1997 general elections, and a myriad corruption scandals (including the mother of all, Goldenberg) without ever bringing any prominent player to book. Mr. Wako has been as effective as a parachute that deploys on the second bounce and should be shown the door, no questions asked.

It was always going to be difficult to bring the oafish  ethnic chiefs masquerading as patriots to book. Yesterday was a stark reminder to all Kenyans that justice is political and that if change doesn’t come soon the powerful will continue doing what they want and leave the weak to suffer what they must.

ocampo, the rift valley and mau forest

Last week I took a whirlwind tour of the Rift Valley province of Kenya. For two days I accompanied a program office from the NGO that I am working with this summer to Eldoret, Burnt Forest and Timboroa. The purpose of the visit was to assess the progress of peace initiatives in the area – necessitated by the madness of last year’s post-election violence. The evidence on the ground was encouraging. Exclusive ethic zones no longer exist and free movement of people and goods is now possible. That said, tensions still exist as evidenced by the heavy police presence in the region – every few hundred metres on the Eldoret-Timboroa road there are brand new police camps.

Especially risky are the ongoing debates over the prosecution of the masterminds of ethnic violence at the Hague and the resettlement of those currently living in Mau Forest. Given that certain ethnic chiefs of the two quarreling communities are most certainly on the Waki list, some people on the ground favor a local truth and reconciliation commission which, they presume, would be less harsh on the masterminds of violence. But those whose houses were burnt or who lost relatives want real justice and are advocating for the Hague option.

Also tricky is the Mau resettlement debate. Word on the ground is that if certain people are evicted from Mau without compensation, then it will be justified to evict other people who settled in the Rift Valley decades ago outside of their “ethnic homelands.” Knowing how passionate some of those in these areas are, it makes me cringe with fear every time I hear politicians carelessly comment about the impending eviction of those who (il)legally settled in Mau Forest.

The other leg of my journey took me to Nakuru. Driving around Kabarak, visiting Lord Egerton’s Castle, hanging out at Egerton University’s serene botanical garden and dining at Kunste were all topped by the ride back to Nairobi. Next time you are coming back to Nairobi from Nakuru take the Naivasha-Mai Mahiu road. The view of the escarpment on this road is like none other. And Longonot will be right there too, with the baboons, warthogs and other wildlife.

Many thanks to my very good friend, a native of Njoro, who made the Nakuru trip the success that it was.

getting to the field…

Almost two weeks into the NGO world and I must say that I am liking this work. Last week we had a capacity building workshop on advocacy skills training. It was largely successful and I got to meet members of interesting Kenyan civil society organisations (CSOs) from across the nation. My take on the workshop was that Kenyan civil society exists, what’s lacking is clout. They need to have some say in what decisions are made in parliament or state house. This they can only achieve by increasing their membership and general public awareness and by raising cash.

And in order to make these same CSOs more democratic and representative, donors can come up with a system of conditioning their aid on the CSOs raising part of their monies from Kenyans. In this way, the wider a CSO’s Kenyan donor base, the more money they should get. There should of course be exemptions for emergency relief, education, public health programs, among other critical areas. The assumption here is that most CSOs are involved with the political aspects of development.

Tomorrow I head out into the field  for a monitoring and evaluation exercise in Eldoret and Burnt Forest – areas that were affected by the violence that rocked Kenya early last year. I will write a post on the developments concerning peace initiatives there.

kenyan cabinet remains deadlocked over violence

For the second straight week the Kenyan cabinet remains deadlocked on the way forward in the effort to bring to book those who planned the post-election violence that killed over 1300 people early last year. Several cabinet ministers are opposed to the creation of a local tribunal – which is the official position of the government – and want the suspects be investigated and tried by the ICC’s chief prosecutor Moreno-Ocampo at the Hague. Their position, they argue, is informed by the sorry state of Kenya’s judiciary which for all practical purposes is usually in the pocket of whoever occupies state house.

It is widely believed that a number of cabinet ministers were significantly involved in the planning of violence after the disputed election. Indeed the government funded Kenya Human Rights Commission last week released a list of suspects that was populated by cabinet ministers and members of parliament. Ministers and MPs from both sides of the political divide criticised the move and vowed to take the human rights body to court for defamation.

My two cents on this is that those that plotted the violence at the very top should go to the Hague. The middle level and small fry should be tried by a special court within Kenyan law. And as this goes on we should have a truth and reconciliation process. That way, the people at the top will know that Kenyan lives are not the expendable commodities they imagine them to be and thugs who killed innocent women and children will be punished. And above all, the truth and reconciliation process will start the process of healing among Kenyans.

ainamoi mp shot dead

A policeman has shot dead Ainamoi MP David Kimutai Too in Eldoret. Also killed was a policewoman in the company of Mr. Too in what security chiefs are calling a crime of passion. The MP was in the company of the policewoman who is believed to have been the girlfriend of the suspect. The woman suffered gun shot wounds and died on arrival at the hospital. The police are treating this as a crime of passion and have arrested the responsible police officer. The suspect will appear in court tomorrow to answer to charges of double murder.

The murder of Mr. Too, a former principal of Boywek Secondary School, comes just days after another MP. Mr. Were was shot dead by gangsters outside his home in Nairobi. Both MPs belonged to the opposition Orange Democratic Movement. Immediately after the killing of Mr. Too riots were reported in towns in Western Kenya. Eldoret, Kisumu, Kericho and Siaya were scenes of violent protests by supporters of ODM.

The police commissioner has warned politicians not to use the latest murder to incite the public saying that there was no evidence that the murder was politically motivated.