Tag Archives: hussein ali

icc finds six kenyans culpable for ethnic violence

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The ICC has ruled that six prominent Kenyans have a case to answer for the murder of 1300 people and the displacement of hundreds of thousands in the 2007-08 post-election violence in Kenya.

The spotlight is now on President Kibaki. About two of the president’s closest allies – Finance Minister Uhuru and head of civil service Muthaura – a local daily opines:

Retaining them in Government will send a signal to the ICC and the world that Kenya is not ready to co-operate and is a hostile State, putting it at par with Sudan, which has refused to hand over President Al-Bashir who is charged with crimes against humanity over Darfur.

More on the political reaction to this soon.

In related news, I am absolutely loving the wikileaks stuff on the drama that is Kenyan politics. Most politicians believe that Kalonzo is a janus-faced intellectual lightweight who pretends to love Jesus Christ. Raila is depicted as accessible but power-hungry and really bad at management. President Kibaki is sick, condones corruption and has been captured by vested interests in his inner circle. Ruto and Uhuru fret at the idea of taking all the blame for 2007-08. Uhuru Kenyatta is “lazy.”

This is valuable information, the effects of which will not be apparent any time soon. In the minds of Kenyans, a clearer image of these little men and women who parade as gods is slowly forming. It is only a matter of time before the myth of tribal loyalty is shattered and these tribal chiefs are seen for who they really are: a bunch of unprincipled and venal goons.


mps pull kenya from the icc treaty

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The Kenyan parliament passed a motion urging the country’s executive to pull out of the ICC treaty. It was left to Gichugu MP Martha Karua to be the sole defender of the ICC process with regard to Kenyan victims of the post-election violence that rocked the country in 2007-08.

The cases against the six named suspects will continue since the procedure to unsign from the treaty takes up to a year and even then signaling the intent to withdraw does not extricate a member country from its obligations while it is still a member. President Kibaki and Premier Odinga have yet to respond to the new developments.

My lukewarm support for the ICC process comes for the fore again: Recognizing the rights of sovereign states to solve their own problems (the Kenyans will not. No illusions about that. They will trade stability for injustice) and while registering my doubt of the ICC’s effectiveness at delivering justice (no apolitical body can do what it purports to do), I am still of the considered opinion that the Chads and CAR’s of this world need an international policeman to keep their tyrannical leaders in check.

the ICC and kenyan politics ahead of 2012

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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.

 

Ali’s exit was long overdue

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In an ideal world the ranking of an institution as the most corrupt in a country is enough reason for the head of that institution to resign or initiate radical reforms to mitigate the situation. But this has never been true for the Kenya Police Force. Every year,  the Kenya Police Force has emerged as the most corrupt institution in the country without serious repercussions at Vigilance House. It therefore came as welcome news when the president announced today the replacement of Major General Ali with Mathew Iteere as Police Commissioner.

Ali tried to rein in organized crime and to tame the proscribed Mungiki sect. The executive lacked the political will to let him finish the job and Ali lacked the spine to take the fight to those who stood in his way. He was also anti-reform, which must be the main reason why the president has chosen to show him the door. His legacy will forever be tarnished by the force’s extra-judicial killings that took place on his watch. But he will also be remembered as the no-nonsense commissioner who moved the force from the backward days of the Nyayo era police state towards a force befitting a quasi-democracy. Many would agree that for a reformer he lasted for too long at the helm and therefore failed  (kind of like what will become the fate of his former boss, President Kibaki).

Mr. Iteere, from the paramilitary GSU, comes in at a time when the force needs urgent structural and operational reforms (as recommended by the Ransley report). I know nothing about the man but I hope he is strong enough to stand up to the president’s  men (and increasingly the Premier’s men too) who might stand in his way. We wish him well.

we continue to miss the big picture at our own peril

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When Oscar Foundation founder, Oscar King’ara, was killed ten days ago I expected that the government would be embarrassed enough to do something about the seemingly premeditated killings that have rocked the country in the last few months. There seems to be an elaborate plan by the security forces in Kenya to sidestep the judicial system and neutralize suspected criminals. This is wrong. This wrong precisely because as citizens of Kenya we are all entitled to a just trial in court before being punished if found guilty. If we let the politicians decide who is guilty or not what will stop them from using the security apparatus to eliminate political opponents? Commissioner Ali, WE ARE NOT A POLICE STATE. AND IF WE ARE, COME OUT CLEAN AND LET THE WORLD KNOW.

That not a single individual has been arrested and tried for the killing of Mr. Kang’aru or the hundreds of other young Kenyans killed by the mysterious death squad is a shame. It is a shame on the government of president Kibaki and premier Odinga. It is a shame on the Kenyan media who now are fixated on 2012 succession politics and have completely forgotten about the deteriorating condition of security in Kenya. It is a shame on the Kenyan civil society who seem to be willing to stop at issuing statements condemning the killings. Don’t we have investigative journalists who can expose exactly what is going on?

Who is behind these killings? The police commissioner must know. Can’t parliament summon him and have him testify under oath? And why is the attorney general still in office? Mr. Wako, please go home. Your EIGHTEEN years as our attorney general has brought nothing but shame to the Kenyan judiciary. Go home.

spread the word…..

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The Kenyan government continues to refuse to deal conclusively with the issue of police brutality and extra-judicial killings. Here is a link to an open letter to the prime minister and president on the issue. Read it and pass it along.

I am particularly disturbed by the continued politicization of the killings. ODM seems to be the most vocal against the killings while PNU remains more cauti0us in its approach. I believe it is wrong for both ODM and PNU to try to politicize this matter. Kenyans are dying, some innocent, and we risk a complete breakdown of the rule of law. And how is police commissioner Ali still in office?????? Why hasn’t ANYONE been fired yet??? Accountability, accountability, accountability.

how do we force them to resign?

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Tomorrow’s Sunday Nation opinion pieces are full of complaints against the ever growing culture of impunity among the ruling class in Kenya. We have become a nation in which cabinet ministers remain in office even when suspected of having ordered the killing of Kenyans a year ago, or turning a blind eye when public corporations were being looted by their cronies. The police chief, the Attorney General and the justice minister still remain in office even after a UN-sanctioned report blamed them for allowing extra-judicial killings to take place in Kenya. The entire judiciary is one giant sty filled with corrupt judges and officials. Everybody knows this but no one wants to do anything.

This may seem naive, but I am kind of surprised that Hussein Ali and Amos Wako are still in office. Especially Amos Wako. He is the man who is responsible for most of the rot in the judiciary. Under Moi he did nothing as the former president and his friends bastardized the judiciary. Kibaki probably kept him on on the request of Moi so as to protect himself and his friends against potential law suits. I say it is time Amos Wako went. He has been Attorney General for far too long with very little to show for it. During his tenure corruption has ballooned like no one’s business but with very few people ever being brought to court.

And about our corrupt cabinet ministers…. Where is the supposedly vibrant Kenyan civil society? I think it is time they took Philip Ochieng’s advice and started agitating for the sacking of certain people implicated in the many scandals that have rocked the country in the last several months.