Kenyan politician John Michuki dead at 80

John Michuki, MP for Kangema is dead at 80. The late Michuki was a Kenyan politician that many learned to love (and sometimes love and hate). As Transport Minister he brought sanity to the rowdy matatu sector with the much-loved “Michuki Rules”. As Minister for the environment he cleaned up Nairobi River.

His less illustrious contribution was in the security ministry. It is under his watch that the Standard Media group was raided by masked thugs under the pretext that they were about to publish information that would have “impinged on the person of the president.” It later emerged that the media house had information about alleged illegal dealings by a woman rumored to be an illegitimate daughter of president Kibaki. The war on the Mungiki sect was also carried out under his watch – with numerous allegations of extrajudicial killings of hundreds of young men.

The son of a paramount chief, Michuki was among the group of super-wealthy conservative elites who at independence took over power and managed to quiet the more radical elements of the independence movement. Under their watch Kenya emerged as a capitalist enclave even as its many neighbors flirted with communism and African Socialism, with disastrous consequences. For better or worse, Kenya benefited from this “home guard generation” (see Bates 1989, for instance; for a different view see AfriCommons).

The Kenyan political scene will sorely miss Mr. Michuki’s straight talk and ability to deliver. He was among a handful of government officials that actually stood for what they believed, and he had results to back up all his talk. As the Nation reports:

Michuki gained the reputation of being a “ruthless” and efficient manager, who is widely acknowledged as being among the best performing ministers in President Kibaki’s government.

May he rest in peace.

More on the politics of the ICC decision in Kenya

Here is an excerpt of a piece I have written over at African Arguments:

“While it might be too early to ascertain the full political impact of the ICC’s ruling, there is no doubt that it will provide a real test to Kenyan institutions – especially the judiciary. The courts will have to decide, amid intense political pressure, whether or not the accused are fit to hold public office and by extension whether those that want to can run for president.  Ultimately, however, a lot will turn on the decisions made by President Kibaki. Will he stand by his trusted lieutenants in Muthaura and Kenyatta or will he bow to public pressure and ditch them in an attempt to secure his legacy?”

More on this here.

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.

Happy Jamuhuri Day to all the Wananchi out there!

Kenya is 48, with a lot to celebrate. Happy Jamuhuri Day!

 

Tough trying to be good in a bad neighborhood

A few days ago a Kenyan judge ordered the government to arrest Sudanese President Omar al-Bashir if he ever sets foot in Kenya. Mr. Bashir has an outstanding arrest warrant against him from the ICC for crimes against humanity committed since 2003 in Darfur.

The ruling has since metastasized into a full blown diplomatic row; Khartoum expelled the Kenyan ambassador before rescinding the expulsion, and is now threatening to cut all trade ties with Kenya, expel Kenyans living in Sudan and deny any planes leaving or going to Kenya from flying in its airspace – if the government does not take back the ruling in two weeks.

The diplomatic row aside, the case has implications for the reform process in Kenya. The case is a test of the depth of the Kenyan judiciary’s new found independence from the executive.

According to Khartoum:

“al-Bashir expects Nairobi to scrap the arrest warrant within the next two weeks and not simply file an appeal.”

That is not how the judicial process works in a democracy. The executive cannot just scrap a judicial ruling. Within Kenya, for the sake of precedence the government must be seen to be complying with court rulings. The Chief Justice has already warned the executive against ignoring the court ruling saying that

“If a country chooses to live by anarchy, it must be ready to face the consequences of disregarding the law.”

It remains unclear what the executive will do given Khartoum’s two week ultimatum. Disregarding the court ruling will come with consequences for the individuals involved – in particular the Foreign Minister and the Commissioner of Police.

Kenyan Court Orders Bashir Arrest, Sudan Expels Kenyan Ambassador

UPDATE:

The BBC reports:

Sudan ordered the expulsion of the Kenyan ambassador after a Kenyan judge issued an arrest warrant for Sudan’s President Omar al-Bashir, Sudan’s foreign ministry has said.

Mr Bashir is wanted by the International Criminal Court (ICC) for alleged war crimes in Darfur.

Sudan has ordered the Kenyan ambassador to leave the country within 72 hours.

It has also ordered the Sudanese ambassador in Kenya to return to Khartoum.

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A Kenyan court has issued an arrest warrant for Sudan’s President Omar al-Bashir over alleged war crimes in Darfur.

The ruling came after Kenya allowed Mr Bashir to visit in August in defiance of an International Criminal Court (ICC) warrant for his arrest.

The judge said he should be arrested if he “ever set foot in Kenya” again, the AFP news agency reports.

Kenya is a signatory to the treaty which established the ICC in 2002.

The new Kenyan constitution requires that the government implements its international treaty obligations. The ruling, though without much bite – I doubt Bashir will need to be in Kenya any time soon, has immense symbolism in the region.

It also matters for Kenyan domestic politics. Presently, a few high ranking Kenyan politicians – including the Finance minister, two former ministers and former police boss – are on trial at the ICC for crimes against humanity. The accused await judgment on the admissibility of their cases later this year or early next. The Bashir ruling means that if the charges against the “Ocampo Six” are confirmed but the government drags its feet in implementing an arrest warrant then the courts will step in.

More on the Bashir case here and here.

In other news, Uganda and Tanzania have rejected Khartoum’s petition to join the East African Community, citing “several issues like their democracy, the way they treat women and their religious politics.” Yeah right.

Our man in Mogadishu

QUICK UPDATE:

Two separate minor explosions rocked Nairobi in the last 24 hours, one at a club on Mfangano Street and another at OTC. One person has been confirmed dead and several people were injured. By targeting ordinary Kenyans in the eastern reaches of the city (instead of other soft targets in upper class parts of town) al-Shabab’s strategy seems to be one of forcing the Kenyan public to pressure the government to stop the military operation in Somalia.

My hunch is that they are mistaken. The Kenyan military did not go into Somalia because of public pressure but because of a desire to restore confidence in the tourism sector and possibly after a little prodding from the US and France. And killing innocent Kenyans will only harden public resolve to have the al-Shabab kicked out of Eastleigh.

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Somali President Sheikh Sharif Sheikh Ahmed says Kenya’s campaign against Al-Shabaab rebels should not go beyond training Somali soldiers and provision of logistical support in specified and agreed areas.

Speaking while on a visit to the the frontline of the war between his government’s forces and the Al-Shabaab, President Sharif stated that many Somalis were anxious to know more about the military operations reportedly being carried out inside Somalia by Kenyan troops.

Several factors can explain why a beleaguered president, unable to leave a restricted section in his capital, would oppose help that could help stabilize his country.

  1. It could be a domestic politics issue. Leaders of occupied states – e.g. Afghanistan and Iraq – often have to juggle the dual roles of public opposition and private support of foreign troops in their territory. Understood this way, we should brush aside Sharif Sheikh Ahmed’s opposition to the Kenyan troop presence in Somalia as a mere PR exercise.
  2. The invasion could be harming the president’s interests. After two decades of life without a central government nearly all of the Somali elite have dirty hands. Mr. Ahmed, himself was once the commander in chief of the Islamic Courts Union, a parent of al-Shabab. He is also from South Somalia, where Kenyan troops are currently stationed. By routing al-Shabab and all potential for organized armed organization, the Kenyan invasion might actually be taking the rug from under Ahmed’s feet. His election to the Somali presidency was not because he was the most peaceful of the warlords.
  3. The invasion might undermine other interests within Somalia that the president relies on. The piracy trade on the Indian Ocean is a lucrative business that is allegedly fueling the property boom in Kenya, especially in Nairobi. I would be surprised no one in Mogadishu had a hand in this and other shady operations such as gun-running in the wider Eastern African region. Kenyan stated goal of capturing Kismayu will most certainly disrupt these businesses, with huge financial consequences for the real Big Men involved. Mr. Ahmed might just be protecting the interests of those he depends on.

Whatever the case one hopes that Somalis in the south of the country will not, in their president’s utterances, find justification to actively undermine the Kenyan mission to deny al-Shabab of an operating base.

Meanwhile two grenade explosions have hit Nairobi in the last 24 hours, with one person confirmed dead.

Also, after a week of rallying around the flag in support of Operation Linda Nchi, the Kenyan media is beginning to ask questions about planning and long-term efficacy of the Somalia mission. It is unclear just how much uncertainty, about their own physical security, Kenyans will tolerate as the government continues to execute the war against Al-Shabab.

Inequality, Terrorism and Governance in Nigeria

On June 17th Nigeria experienced its first ever suicide bomb attack. Boko Haram, a militant Islamic group that seeks the imposition of Sharia Law in all of northern Nigeria, claimed responsibility for the attack.

Although the group’s principal aim – at least according to its press releases – is the imposition of Sharia Law, its motivating factors include economic, social and governance issues that the Nigeria’s infamously kleptocratic elite have so far chosen to ignore. According to the Christian Science Monitor:

The “nationalization” of the Boko Haram problem will intensify pressure on elected leaders and security forces to deal decisively with the group and prevent further attacks. Nigerian officials have proposed solutions ranging from crackdowns to outreach programs to amnesty offers. The government has to some extent pursued all of these options. Yesterday former Kano State GovernorIbrahim Shekarauproposed a hybrid approach of sorts, which would rely on intelligence gathering to defeat the group while advancing employment programs to deal with social and political grievances in Northern society.

Whatever course the government pursues, the Boko Haram problem has already led several Northern leaders, including the newly elected Governor Kashim Shettima of Borno State, to speak quite bluntly about the North’s serious problems of economic stagnation and political isolation. Northerners have been voicing such concerns for some time, but perhaps now these concerns will reach a broader audience and stimulate a debate that goes beyond just the issue of Boko Haram.

Since the unification of Nigeria in 1914, the north has continued to lag the south in a number of socio-economic indicators. Years of military rule by northern generals did not make things any better. Most of the country’s oil revenue wound up in Swiss bank accounts and as investments in properties in European cities – even as regular folk in Kano, Katsina and Maiduguri, and in the wider northern region, continued to wallow in poverty.

In a sense Boko Haram and its ghastly attacks on civilians and government installations is as much a rejection of Western/Christian education (its name loosely translates to non-Islamic education is a sin) as it is an indictment of northern Nigeria’s leadership. Even by Nigerian standards, the north is doing very badly.

Recently, the governor of Nigeria’s Central Bank, Professor Chukwuma Soludo, chastised the northern elite by noting that the “high and persisting level of poverty in the country is a northern phenomenon.” Nearly all northern states in Nigeria have poverty rates higher than 60%, with some at 90%. Prof. Soludo further added that “if you look at all the indications of development, what constitutes today the North seems to be lagging far behind that the gaps seem to have even widened.

It is hard to ignore the fact that regular southerners are inching ahead of their northern counterparts despite the generous revenue sharing arrangements among Nigeria’s 36 states.

What does this mean for national politics and governance in Nigeria?

Well, for one we know that the apparent north-south political divide in the last election was merely an artifact of presidential politics. Gubernatorial elections revealed that northern elites are also aboard Goodluck Jonathan’s gravy train.

Northern Nigerian elites are as much a problem in the north’s underdevelopment as the historical north-south divide.

In light of this, groups like Boko Haram show that the northern elite in Nigeria can no longer play the north-south card while keeping all the money from the national treasury to themselves. The men and women on the streets and in northern rural areas also want their cut.

I hope Abuja will not bury its head in the sand and pretend that Boko Haram is purely a security problem.

Kenya tried doing the same with the Mungiki group (with extra-judicial executions and all) without much success.

To Abuja I say: you must try to solve the problem you have, not the one you wish you had.

The new constitution and patronage politics in Kenya

Former president Moi infamously liked warning voters that siasa mbaya maisha mbaya (bad politics leads to a bad life). This was code for vote for the opposition and no roads, no schools and no hospitals for you.

The framers of the new Kenyan constitution must have particularly disliked the power of the presidency in doling out development money and other patronage largesse. According to the Daily Monitor (Ugandan Daily):

“From 2012, it is likely to have the most limited presidency in Africa. The president has only about 10 per cent of the budget to dole out his patronage and fund his pet projects. The bulk of the rest are fixed; both by a constitutional cap, and a negotiation process.”

It will be interesting to see how the Kenyan presidency evolves following this revolutionary clipping of its powers. Already the executive has seen its powers watered down by an increasingly powerful parliament. To reinforce this trend, the judiciary has just seen the appointment of a card carrying reformer as Chief Justice. A powerful judiciary will provide a check not only on the presidency but on the wider executive branch as well – especially the now independent and obscenely corrupt Kenyan ministries.

Credit for the relatively more limited presidency also goes to President Kibaki.

Many forget that for a long period of time Kibaki governed with Moi’s constitutional powers. It is a relief that the limited presidency will now be both de facto and de jure, especially because there are way more Mois than Kibakis vying for the presidency in 2012.

A word of caution, though. Institutions are not automatic fixes to problems of governance. They are like incomplete contracts that have to be reinforced by numerous conventions and “gentleman agreements.” The Kenyan political elite may yet find ways to circumvent the spirit of the new constitution.


The private sector is betting that Kenya will survive 2012

As I occasionally care to point out, Kenya is making meaningful progress towards institutionalization of government. According to Joel D. Barkan, the Kenyan parliament is the strongest in Africa. Its judiciary has just undergone radical reforms which saw outsiders from civil society appointed to the country’s newly created Supreme Court. The country’s provincial administration (with pith helmets and all), in the past the key tool of executive repression and control, is in its twilight and will be replaced by a devolved system of counties. The counties will elect their own assemblies, governors and will be funded directly from the consolidated fund.

But many fear that all these reforms could go up in flames in next year’s general election. President Kibaki is term limited and will be stepping down. The frontrunner is Raila Odinga. But new electoral rules – requiring a majority of 50% +1 – complicates matters a bit. Ethnic arithmetic point to an inevitable second round which will be closely fought between pro and anti-Raila factions. Raila is perhaps the most divisive figure in Kenyan politics. Most people tend to either love him or hate him, with a passion.

The prospect of another closely fought election has got many observers worried. 2007-08 is still fresh on many people’s minds.

That is why it is encouraging that the private sector is sending signals that they have confidence in the political system. Multibillion Shilling projects in construction, manufacturing and retail such as this and this are signs that businesspeople do not see that much political risk moving into next year.

These investments are also a vote of confidence in the nation’s property rights regime. The outcome of next year’s general election being unclear, it is significant that businesspeople have faith that their investments will be protected regardless of the outcome.

Kenyan supreme court takes shape

Judicial reform in Kenya made another big leap with the appointment of five individuals to the Supreme Court, the highest court in the land. Njoki Ndungu, Jackton Ojwang, Smokin Wanjala, Mohammed Ibrahim and Phillip Tunoi will join the Chief Justice, William Mutunga, and his assistant Nancy Baraza [Ms Baraza has since been replaced with Justice Kalpana Rawal] on the court.

Mutunga and Baraza will champion liberal views on the court – the Church and other conservative elements in Kenyan society unsuccessfully fought against their nomination to lead the Supreme Court. Messrs Tunoi and Ojuang will represent conservative views. Ndungu, Wanjala and Ibrahim are believed to be centrists.

The Supreme Court will provide the final word on constitutional matters as well as petitions involving presidential elections.

Although one can’t dismiss the possibility of political jockeying behind the scenes, the nomination of all seven justices was a coup for Kenya’s civil society. The Judicial Service Commission sought a clean break with Kenya’s muddy judicial history. None of the high-flying judges from the Moi and Kibaki eras got a nod to join the court.

Because this is Kenya, the JSC also made sure that the seven nominees reflected ethnic and regional balance. The ethnic balance in the nominations will ensure that parliament approves them.

Overall the court appears to have a progressive make up, albeit with a rightward tilt. This is good for Kenya.

In related news, the Kenyan parliament also approved the nomination of Keriako Tobiko to be the director of public prosecutions. Mr. Tobiko’s nomination was not without controversy, with civil society groups and a section of MPs accusing him of corruption and incompetence. In the end his nomination passed through.

The next big battle over judicial reforms will be over the appointment of the Attorney General.

Africa’s budding narco-states?

UPDATE:

The Kenyan Prime Minister just admitted to the presence of drug money in Kenyan politics. Huge. Also, check the UNODC’s drug trafficking patterns for East Africa.

Also, does anyone out there have a copy of the report on drug trafficking in Kenya? Care to share?

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I have written before about the growing problem of drug-trafficking that is creating new problems for already fragile African states.

Of note is the fact that the problem is not just limited to the usual suspects – weak or failing states – but also extends to countries that most would consider to have it together, like Ghana, South Africa and Kenya.

According to Reuters, “cocaine moves through West Africa” while “heroin transits through the eastern part of the continent.”

The most alarming thing about this new trend is that in most of these African countries drug-trafficking happens with the consent of those in government.

For instance, in Guinea the son of former president Conte was for a long time a leading drug kingpin. In Guinea-Bissau President Vieira’s and Gen. Na Waie’s deaths in March of last year were a result of drug-related feuds. In Ghana President Atta Mills has lamented that the drug lords are too powerful to rein in. In Kenya, a woman (rumored to be) close to the president and other elites have been linked to the drug trade. Indeed on June 1st President Obama listed a sitting Kenyan Member of Parliament (Harun Mwau) as a global drug kingpin.

In South Africa former Chief of Police, Jackie Selebi, was jailed for 10 years in 2010 on drug charges. More recently the wife of the South African Intelligence Minister (Sheryl Cwele) was found guilty of having connections to the illicit trade. In 2009 a Boeing 727 crashed and was later set ablaze by suspected drug traffickers in Mali. The plane is believed to have been a drug cargo plane from Latin America destined for Europe. Other African states whose drug connections have also come to light include The Gambia (where rumors abound that President Jammeh is himself involved in the trade in drugs and arms in collusion with the Bissauian army) and Mozambique (H/T kmmonroe). You can find related news stories here and here.

Clearly, this is a real problem that if not nipped in the bud has the potential of growing to Mexican proportions, especially considering the already low levels of state capacity in most of Africa.

The Global Commission on Drug Policy also addresses this issue in their newly released report:

In just a few years, West Africa has become a major transit and re-packaging hub for cocaine following a strategic shift of Latin American drug syndicates toward the European market. Profiting from weak governance, endemic poverty, instability and ill-equipped police and judicial institutions, and bolstered by the enormous value of the drug trade, criminal networks have infiltrated governments, state institutions and the military. Corruption and money laundering, driven by the drug trade, pervert local politics and skew local economies.

A dangerous scenario is emerging as narco-traffic threatens to metastasize into broader political and security challenges. Initial international responses to support regional and national action have not been able to reverse this trend. New evidence suggests that criminal networks are expanding operations and strengthening their positions through new alliances, notably with armed groups. Current responses need to be urgently scaled up and coordinated under West African leadership, with international financial and technical support. Responses should integrate
law enforcement and judicial approaches with social, development and conflict prevention policies – and they should involve governments and civil society alike.

Judges reject kenya’s bid to stop icc case

The government of Kenya has lost in its bid to convince the ICC that it has the political will and capacity to try key perpetrators of the 2007-08 post-election violence (PEV). Kenya had asked for six months to get its justice system in order and convince the ICC that it could bring to book those who planned and carried out the murder of over 1300 people and the displacement of hundreds of thousands in 2007-08. More on this here.

The Kenyan political elite find themselves in a pickle. Less than two years ago parliament thought that they could punt on addressing the PEV by deferring the cases to the ICC. It turns out Ocampo and the court were actually serious. Realizing this, they (the Kenyan gov.) attempted to hurriedly create a local process with the hope of persuading the court to stop the proceedings at the Hague.

But even a blind sheep could see through the government’s insincere attempts to clean up the judiciary or “investigate” the key suspects.

The Kenyan civil society remains adamant that the government has neither the capacity nor political will to prosecute the crimes committed in relation to the 2007 general elections.

Now the clock is ticking. With parliament and the Kenyan legal epistemic community largely in charge of naming the new judges that will staff the supreme court (and the wider judiciary) the accused and their political godfathers are in a panic. They must try and clean up shop under the current system or they will lose big, soon. Realizing the gravity of the situation, the same ethnic chiefs demigods politicians who were running around screaming “sovereignty” and “neo-colonialism” have since gone silent.

The Kenyan case has also generated a lot of heat with regard to the geopolitics of the ICC.

Many in Kenya and across Africa have (sometimes rightfully) criticized the ICC. But in my view it remains to be a necessary institution in the fight against impunity and murderous dictatorship on the Continent. (Pardon the phrase) We cannot throw out the baby with the bath water.

Let’s not kid ourselves. Without the ICC the families of those women and children that were burnt alive in a Church in Kiamba, Eldoret or those killed in retaliatory attacks in Naivasha will never get justice. That is the reality.

Remember, more Kenyans were killed in the months before the elections of 1992 and 1997 than in 2007-08 and yet the Kenyan political class merely pushed the unbearable truth under the rug. Also of note is the fact that the present anti-ICC crusade comprises those suspected to have financed opposite sides of the PEV.

The situation is a grim reminder of the Swahili proverb that says when the elephants fight it is the grass that suffers.

To those who talk of the ICC’s infringement on African nations’ sovereignty I’d like to pose a question: Who’s sovereignty is being violated? Is it al-Bashir’s or the Darfuris?; is it the Central Africans’ or Jean Pierre Bemba’s?; is it the Kenyans’ across the Rift Valley or the sovereignty of the Ocampo six?

electoral democracy and inflation in africa

UPDATE: A related paper is here. [HT Julie]

Central bank independence is still the exception rather than the rule in most of Africa. This then raises the question of what effects elections – with the high associated costs of buying votes – have on the inflation rate.

For instance, Uganda has been experiencing inflation (a.k.a walk to work) riots following Museveni’s reelection. Many in Uganda and beyond have attributed the hike in the cost of living not just to global trends (food and oil prices) but also to Museveni’s massive reelection budget. Just before the Ugandan elections in February the president doled out cash like he was “printing his own money.”

Next door in Kenya rumors abound that the recent hike in oil prices, the failure to resettle IDPs and other forms of grand corruption are related to politicians amassing a war chest for next year’s general election.

This raises the question: Is there a correlation between election years and inflation in Africa?

My first stab at this reveals rather weak correlations between election years and trends in inflation rates in a number of African states. (Shown below are Kenya, Uganda and Tanzania, Senegal). The vertical dotted lines indicate election years.

In the regressions different lags produce different results.

That said, it appears that competitive elections are significantly correlated with hikes in the inflation rates for up to three years (elections are “competitive” if the incumbent gets less than 2/3 of the vote).

Given the fact that Museveni’s vote share was trending downward in 1995, 2001 and 2006 (75%, 69% and 59% respectively), the NRM leader must have panicked and opened the floodgates for this past election.

Election monitoring and international sanctions against cheating have made the stealing of elections a very costly endeavor. But politicians are smart. If you can’t stuff the ballot boxes you can certainly intimidate voters or buy them off.

My hope is that with time the buying off of voters option will become institutionalized and made impartial to party ID.

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.