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.

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.

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.

ODM threat of more protests in bad taste

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.

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.

19 burned to death in kenya

Sunday saw the most ghastly violence over the last one week in Kenya’s Rift Valley province. A group of 19, most of them school children were burnt to death in a house in the town of Naivasha as ethnic violence continued in this former oasis of peace and stability. The authorities and politicians seem to be unable to stop or even control the continuing violence. Their calls for calm have been met with deaf ears as more people continue to die in attacks and revenge attacks through most of the central Rift Valley region.

The latest attack brought grim memories of the Eldoret arson attack that left 50 dead, again most of them being children. And as this happened, the politicians – the root causes of the violence – could do nothing but continue to exchange accusations, pointing fingers at each other for being responsible for the killings.

The Rift Valley has seen the worst violence in the last month since the disputed December elections that plunged Kenya into chaos. The military has been deployed in the area, curfews imposed but all this seems to have not changed much. Angry youth, wielding all manner of crude weapons still roam the countryside, burning people’s houses and killing perceived enemies.

kenya slides into further chaos

At least ten people have been killed in Naivasha, Kenya following ethnic clashes that mostly pitted ethnic Kikuyus against ethnic Kalenjins and other ethnic groups that supported the ODM in last year’s general election. The attacks and counter-attacks seem to be turning into an uncontrollable monster as more and more jobless and bored youths join in the madness that has so far led to the death of more than 650 people.

The former UN boss, Kofi Annan, rightly observed that the chaos that followed the disputed elections have turned into something else. The attacks are no longer sporadic. They seem to be well planned and executed. The Kenyan government should move in quickly and arrest those who are organising these ghastly murders and destruction of both public and private property. Annan is scheduled to meet with Raila Odinga to further discuss the modalities of the desperately needed mediation effort between the latter’s party and the PNU of president Kibaki.

Kenyan leaders should act soon, in order to stop the violence from spreading into Nairobi and Mombasa – the country’s two largest cities. At the same time it should hasten the mediation effort in order to lower tensions and encourage reconciliation. The monster that is being created in these attacks and counter-attacks may mutate into something uglier if leaders continue to bury their heads in the sand and pretend that the ongoing killings are acts of hooliganism. The fact that the military is being used to police the Rift Valley means that the situation is bad. If the ODM and PNU really care about Kenyans they should realise that enough Kenyans have died for their greed and instead of being stubborn hammer out a deal that will bring peace soon and then proceed to address the fundamentals that are fueling the barbaric violence in the Rift Valley province and other areas.

when will africa get it right?

A few months ago, after the Nigerian election, I read a piece in a leading international newspaper that said that Africa had yet again failed at democracy. The article infuriated me because it was a blanket write off of the entire continent as being undemocratic. I thought about Kenya, Senegal and Botswana as viable democracies that were capable of holding free and fair elections and which had freedom of the press.

But then Kenya happened. A country that was largely peaceful and with prospects of becoming a middle income country in the next decade and a half suddenly imploded and descended into never-before seen chaos. An election was stolen by a man who was viewed as one of the better behaved presidents on a continent infested with autocrats and dictators.

How, after all this, can we convince the world that Nigeria, Zimbabwe, the CAF, Equatorial Guinea, Sudan, Somalia, Chad, the DCR and all the others are isolated incidents? How are we going to convince ourselves that we are capable of running peaceful and prosperous countries when all that exist around us are chaos and murderous wars? Total failure?

It is true that countries like Botswana and Senegal still remain stable and democratic and also headed towards economic prosperity. South Africa is also doing quite well, although I am holding my breath to see what a Zuma presidency has in store for us. But the rest of the countries either have wars, or some form of instability and those that are peaceful have poverty rates that are utterly inhuman, to put it mildly.

It is extremely vital for the continent not to let a working model like Kenya sink into the same pit that has the Somalias of the continent. This is because many countries in East Africa depend on Kenya for their own economic success. A failed Kenya would mean no hope for Somalia and serious problems for Uganda, Rwanda, Burundi, Southern Sudan, Eastern DCR and Northern Tanzania. A failed Kenya will also mean a serious blow to the spread of democracy on the continent and especially East Africa. Besides Tanzania, Kenya was the only other democracy in the region. Uganda, Rwanda and Burundi all have autocrats who would happily use Kenya as an excuse for them to stay in power.

kibaki names cabinet

President Kibaki has just announced a new cabinet. In his cabinet, he has included the Hon. Kalonzo as vice president and minister for home affairs. Also included in the cabinet are former members Michuki, Karua, Saitoti, Wetangula, Kimunya, Kiraitu, among others.

The announcement could not have come at a worse time. The country was just gearing for negotiations between Kibaki and the main opposition leader Raila. The nation had expected the president to show goodwill by not naming a cabinet until negotiations were underway. It is likely that the main opposition group, the ODM, which maintains it won the Dec. 27 polls will not take this announcement lying down.

By announcing his cabinet, or part of it – since he does not have enough “national” MPs, the president has shown that he is not taking the negotiation process seriously. He should realize that now is not the time to be partisan about matters. He ought to have waited until a solution was found out of the impasse that has gripped the country for nearly two weeks before forming a government.

This new development is likely to generate more heat in Kenya’s political climate. On Tuesday Raila refused to hold any talks with Kibaki unless the talks were mediated by an international observer. President Kofuor of Ghana is now likely to leave the country without any success as both sides dig in by taking confrontational rather than reconciliatory positions.

Full list available here

african leaders fail, again

While Washington and Brussels have been scrambling to ensure a return to order in Kenya after the disputed presidential election, African leaders have been quiet, only issuing half-hearted statements condemning the violence that has gripped the country.

One would have thought that since Kenya was one of the remaining beacons of peace and stability on the continent, many leaders would come out to seek a speedy solution to its problems. But no. African leaders, in their characteristic style, would never be caught criticising each other. So even after one of them was believed to have rigged his way back to power, none of them had the spine to roundly condemn the rigging and call for dialogue.

Yar’Adua of Nigeria, Wade of Senegal and Mbeki of South Africa are nowhere to be seen. Kofuor attempted to be the mediator but later pulled back because the Kenyan government wasn’t too keen on getting his help. Nigeria, Ghana, Senegal and South Africa, being the four countries that can credibly criticise/influence Kenya, should have acted fast in order to restore peace and order in the country by pushing for negotiations between the president and the opposition leader.

Because of the silence of these African leaders we have been left with a situation in which the US and the UK seem to be more interested in peace in Kenya than Kenya’s immediate neighbors and other countries on the continent. Next time any of these leaders complain of neo-colonialism they deserve to have rotten eggs land on their faces. They have failed the continent and by allowing outsiders “run the show” on the continent gravely dented Africans’ self confidence, again.

It is most deplorable that no single leader on the continent has come out in defense of democracy. It just shows how long Africa still has to go before it can be called a land of democrats.

beyond the chaos, kenya and its institutions

Who would have thought back in 2002 that it was under a Kibaki presidency that Kenya would experience violence and chaos of the magnitude being reported in the news? Who would have guessed that Kibaki, the gentleman of Kenyans politics, would be the one being accused (whether justly or not) of rigging elections and trying to unlawfully hang onto power?

As Kenyans deliberate among and within themselves on the way forward, it is important to reflect on the causes of the existing mayhem and establish some truths. At the risk of sounding too simplistic, I am of the opinion that the existing anarchy in Kenya is as a result the lack of strong, impersonal institutions.

The lack of strong institutions handed the country a compromised electoral commission, full of appointees of the same person running for re-election. It was always obvious who the commissioners would side with in the event of a disputed outcome as was seen last Sunday. It therefore came as no surprise that while admitting that there were irregularities and suspicious figures on the tallying sheets, the commission did not order a recount or complete audit but proceeded to declare the president the winner base on the same questionable figures.

The lack of a culture of independent institutionalism has also made the opposition wary to present their case in the Kenyan high court, yet another institution teeming with the president’s appointees. In fact it is this lack of faith in the judiciary that left Kenyans no alternative but to resort to justice by the masses, which has unfortunately been laced with rioting, murder, ethnic confrontations and looting.

As the politicians get ready to have dialogue and possibly come up with a power sharing arrangement, on top of the agenda should be a clear and genuine commitment to the creation of impersonal institutions that will serves Kenyans well. It is of paramount importance that Kenyans develop confidence in the country’s institutions in order to avert situations when citizens take the law into their own hands – as we are witnessing now.

 

It is also important for Kenyans to realize that they cannot afford to take the back seat and let the politicians “institutionalize” tribalism. Kenyans should unite in their opposition to ethnic polarization because the country needs all its citizens in its quest for economic and social development. The just concluded elections have shown that it is quite possible for Kenyans of different ethnicities to come together for a common cause. Wananchi should be proud of this fact and not let the politicians take it away from them.

urgent need to convene the Kenyan parliament

Kenya remains without a parliament even as violence threatens to shred to pieces this once stable land in East Africa. The president is holed up in State House and is yet to issue a statement on the way forward, besides the chest thumping rhetoric about the ability of the security forces to deal with the post-election violence that has led to more than 300 deaths and displacement of more than 100,000 Kenyans (According to the Kenyan Red Cross).

As things stand, there is no avenue for dialogue between the government and the main opposition party that believes it wont the election but was denied victory by the government through rigging. This situation calls for the immediate swearing in of the new members of parliament in order to provide an arena for debate and dialogue on the way forward for Kenya.

The opposition should strongly consider using parliament to oust the president, if indeed they cannot stand his presidency for another five years. With 45% of the votes in parliament, and with cracks beginning to show within the president’s party, the opposition might be able to garner the more than 50% of votes needed to vote the government out of power in a vote of no confidence.

Parliamentary debate will also create the impression that something is being done about the situation and therefore lower tension in the country. Right now there seems to be an impasse and this is contributing to the rising tension all over the country.

It is very saddening that Kibaki and Raila remain obstinate and hell bent on plunging Kenya into an abyss of violence and barbarism. Kenyans should see these two leaders for who they really are – power hungry men with not much love for their country. Why are they still setting pre-conditions for dialogue when the country is flirting with the possibility of an all out civil war? Why haven’t they issued a joint statement condemning the violence and destruction of property?

As ordinary poor Kenyans die and lose their property, the real culprits – those who stole the election and those that are not willing to compromise for the country’s sake – continue to live near to normal lives without the food and fuel shortages that are beginning to further exacerbate Kenyans’ misery. This madness has to stop.

more violence expected at tomorrow’s odm rally in Kenya

The main opposition party in Kenya, ODM, has announced that it will go ahead with its scheduled protest rally tomorrow in Nairobi in defiance of a government ban on all political rallies. Kenya has in the last three days witnessed the worst kind of violence in its 44-year history due to disputed results of the just concluded presidential election.

The government insists that the incumbent won while the main opposition party believes that they were unjustly denied victory through rigging. Observers, both local and international, and the electoral commission of Kenya have said that there were irregularities in the tallying of results and that this might have influenced the outcome of the polls.

Opposition leader Raila Odinga said on Wednesday that his party will not relent in its quest to have Kibaki resign. He also set this as a pre-condition for any level of dialogue between him and the president.

And to complicate matters further, the head of the electoral commission said Wednesday that he doesn’t know who won last Thursday election and that he announced the results while under duress from the government.

As the politicians remain stubborn and unwilling to resolve the impasse, ordinary Kenyans are the ones bearing the brunt of the stalemate. The death toll this far is believed to be over 300 and property worth millions of shillings destroyed. Shops remain closed and those that have opened ran out of supplies as people rushed in to stock up.

Thrusday’s opposition rally will be a real test for both sides of the political divide and may determine the course of events in this formerly peaceful and stable country in East Africa.

Many concerned Africans have expressed shock and disappointment as one of the rare working models of democracy and economic development on the continent goes up in flames infront of their eyes. The African Union president John Kofuor of Ghana is scheduled to jet into the country on Thursday to try and mediate between the president and his opposition rival.

a sad ending to a flawless process

Although this year’s general elections Kenya were billed as the closest in the country’s history, many observers noted that the voting was largely conducted in a free and fair manner. Nearly all polling stations across the country opened on time and had voting go on uninterrupted by violence or intimidation as was the fear of some. Both observers and contestants acknowledged that the elections qualified to be termed as free and fair.

But trouble started when towards the end fishy results started being announced at the election HQs in Nairobi. Most of the anomalies were reported in areas that are known to be pro the incumbent. This fact was aptly demonstrated by the fact that in one constituency in the president’s province, the number of votes cast exceeded the number of registered voters. It therefore came as no surprise that when the same areas started showing results with voter turn outs close to 100% the opposition party got up in arms and started to demand for an explanation as to what was going on.

As this was happening, news reached various parts of the country which inevitably resulted in idle youths and those concerned over the evident rigging taking to the streets in protest. As happens with most political demonstrations against the government in Kenya, police were sent in to disperse the crowds and the resulting chaos led to further violence, confusion and looting of property.

In the end the electoral commission suspended all tallying of votes for the night until tomorrow morning when they will review the results from all 210 constituencies.

It is quite frustrating that after the peaceful campaigning and the very high voter turn out the elections should end on such a sour note. The president’s men should know better than to rig elections, especially this one since it was known to be very close. Now because of Maragwa and other areas the opposition will not accept the outcome if indeed it emerges that the president won. And to some extent their discontent will be justified.

A government victory in this election would not have been eyed with this much suspicion had it not engaged in open rigging as has been observed. In its attempts to assure itself a safe victory, the government has only managed to stoke the fires of suspicion across the nation. This fact has been further exacerbated by the fact that the president’s party won just about a third of the parliamentary seats won by the main opposition party. So even if the government gets away with the irregularities, it is still going to find a hard time passing legislation in parliament because of its lack of a majority.

As Kenya holds its breath one can only hope that the electoral commission will try and be as fair as possible. It is no secret that the integrity of the outcome of this year’s election has already been soiled. What we now hope for is that the ECK will do a great job in damage control so that the final results most accurately approximate the wishes of the Kenyan people.

rioters demand for results

News by Nation confirms that rioting has begun in certain parts of the country as voters continue to demand for release of the results of the presidential vote in the just concluded general elections. Official ECK numbers from 159 constituencies show Raila leading with 3.7 vs Kibaki’s 3.4. This still remains a very close race and could go either way depending on the results coming in from the remaining constituencies.

The remaining areas are spread across the country in both ODM and PNU dominated areas. Meru district, parts of coast, Nyanza and Rift valley have not yet sent results and Kivuitu has expressed his dissatisfaction with the situation.

ODM has over 90 confirmed parliamentary seats. PNU has just over 30. Very worrying trend for the Kibaki campaign team since even if they win they are going to have a really hard time in parliament. ODM on the other hand seems to be itching to celebrate what they consider as an historic victory against an incumbent.

The ECK commissioners are having a meeting to chart the way forward. Kivuitu threatened to exclude the areas that had refused to send results by the time he addressed the press conference at about 11.30 am EAT.

I hope this ends well and that the rioting remains isolated in rural towns and does not spread to more populous towns. This was a clean election and the conclusion ought to be just as clean.