kenya’s ocampo six at the hague; kenyan politics will never be the same

The denouement of the saga is still uncertain. Two Kenyan political supremos, Uhuru Kenyatta and William Ruto, are appearing at the ICC in the Hague to answer to charges of crimes against humanity. The two are among six Kenyans accused by Moreno Ocampo for being the brains behind the violence in 2007-08 in Kenya that killed over 1300 and displaced close to half a million people.

The ICC trial of the six is likely to bring to light the hypocrisy of Kenya’s ruling class. For far too long the political elite have used violence as a political tool. Former president Moi perfected the craft and got away with it in 1992 and 1997 (more people died then than in 2007-08). If all goes well, it appears that this time around things will be different.

My hope is that the six accused will bring all to light so that Kenyans can know their leaders for who they really are.

There is no doubt that ethnicity will continue to cloud Kenyan politics. But it is also true that Kenyans will, from now on, know what is at stake when their leaders incite them to violence. They will know that this crop of people do not give a rat’s behind about their (the people’s) plight. They will fully understand why the government of Kenya can spend millions of dollars in defense of a few men while hundreds of thousands of ordinary citizens (and victims of crimes committed by the very few men) continue to subsist in limbo. They will understand why millions get spent every year to build offices, buy expensive cars and pay for the lavish lives of the ruling elite while ordinary Kenyans starve.

They will know that their tribal leaders do not have their interests at heart.

Whatever the outcome of the ICC trial, the mystic around Kenya’s ethnic leaders is gone. These little venal and inept men and women who like parading around as gods will no longer have the final word on everything.

ethnicity and public employment in kenya

The Daily Nation reports:

The survey undertaken by the National Cohesion and Integration Commission (NCIC) gave shocking details of how political patronage and personality-based leadership had reduced the civil service into an exclusive club of the big communities at the expense of the so called small communities.

According to the survey, members of the Kikuyu, Kalenjin, Luhya, Kamba and Luo communities occupy 70 per cent of all jobs in the civil service.

Keep in mind that Kenya has about 42 ethnic groups.

I personally did not find this very shocking. The report indicates that the two ethnic groups that have occupied the Kenyan presidency since independence, the Kikuyu and Kalenjin, together make up 40% of the civil service.

My hope is that this report will initiate debate over merit in public employment. It is about time we had standardized and transparent ways of hiring public servants and not leave all the discretion in the hands of venal pols.

what next for the kenyan political class?

The truth of the matter is that the whole political class in Kenya is implicated in the murder of 1300 people and the displacement of hundreds of thousands following the post-election violence of 2007-08. Their continued contempt of the ordinary mwananchi is evident in the fact that three years on the displaced still live in IDP camps littered across the country. The lack of widespread moral outrage at this fact speaks boatloads about Kenyans’ moral character.

The ICC appears to be closing on the “Ocampo six” – individuals identified by the ICC prosecutor Moreno Ocampo as most culpable at the highest level for the violence that rocked parts of the Rift Valley in early 2008. An ICC pre-trial chamber ruled yesterday that there is evidence to suggest that six prominent Kenyans are criminally responsible for crimes against humanity committed in 2007-08. The six include Finance Minister Uhuru Kenyatta, Cabinet Secretary Francis Muthaura, former Commissioner of Police Hussein Ali, former ministers Henry Kosgei and William Ruto and radio personality Peter Sang.

After the 2007 general elections Kalenjin speaking supporters of Raila Odinga attempted to drive out members of the “Kikuyu diaspora” in the Rift Valley Province, the “ethnic homeland” of the Kalenjin. Raila’s opponent in elections, President Kibaki, is a Kikuyu. It is suspected that local ethnic leaders, including William Ruto, Henry Kosgei and Peter Sang, were in charge of directing these attacks. In the most gruesome episode in Kenya’s darkest hour mobs locked ethnic Kikuyu women and children in an Eldoret church and set it on fire. More than 30 perished. Kikuyu elites, allegedly lead by Finance Minister Uhuru Kenyatta and Cabinet Secretary Francis Muthaura, retaliated by mobilizing the proscribed Mungiki gang to carry out reprisal attacks. It is also alleged that the former Police Commissioner, Hussein Ali, conspired to keep the police off Mungiku’s back. Hundreds of ethnic Kalenjins and Luos, among other supporters of Raila Odinga, were killed or uprooted from their homes in Nakuru and Naivasha.

Ever since the announcement by the ICC prosecutor that he would go after the six a radically political realignment has taken place in the country. William Ruto and Henry Kosgei ditched the party led by Raila Odinga and joined alliances with Uhuru Kenyatta to oppose the ICC indictment. President Kibaki, who at the beginning appeared to be willing to throw Uhuru under the bus, also became wary of the ICC after his chief lieutenant Muthaura was named as a key suspect. Presently, Vice President Kalonzo Musyoka has embarked on a “shuttle diplomacy” mission to convince African leaders and the P5 of the UN security council to lean on the ICC to defer the charges against the Ocampo six. Many African leaders, given their own records at home, have supported the initiative. But the mission at the security council hit a snag yesterday when US representatives indicated that they will veto any attempts at deferral.

What then for Kenyan politics? Any analysis must focus on the Kibaki succession. President Kibaki is term-limited and must step down in 2012. Two members of the Ocampo six – Uhuru and Ruto – are key players in the succession game. If the two are convicted Raila Odinga stands to gain the most. But it all depends on what alliances ensue following such an eventuality. Uhuru and Ruto might remotely throw their weight behind Vice President Musyoka to enable the latter to capture State House. Indeed, the three have publicly declared to be members of the (unfortunately named) KKK alliance (the three are from Kikuyu, Kalenjin and Kamba ethnic groups, respectively). The more likely scenario, however, is that the Kikuyu and Kalenjin communities will experience internal fractures once their key ethnic chiefs are out of the game. Uhuru is already facing an insurgency led by the fire-breathing former Justice Minister Martha Karua. Ruto has maintained a facade of unity in his ethnic bloc but money can do wonders in Kenyan politics, and his potential detractors among the Kalenjin – including a son of former President Moi – have wheelbarrows of it.

In short, everything is in flux right now. The substantive reaction of the political class – beyond the shouting match that is currently underway – will only be apparent when parliament resumes in a few weeks. Lawmakers need to pass crucial laws needed to implement a new constitution that was ratified last August. The breakdown of the voting patterns will almost inevitably show some nascent realignment. Like the wikileaks records of Kenyan politicians bad-mouthing one another to low-level US embassy officials have shown, Kenyan politicians are an incorrigibly unprincipled bunch who will not hesitate to jump ship if they realize that their party leader is in trouble.

The political temperature in Kenya will no doubt go up in the next few days. The unfortunate thing in all this is that the hullabaloo is will continue to be a distraction from the fact that 1300 innocent KENYANS died and hundreds of thousands were displaced in 2007-08.

icc finds six kenyans culpable for ethnic violence

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.


kenyan elites conspired to kill peasants in rift valley, and are getting away with it

President Kibaki’s embarrassment regarding the 2007-08 post-election violence continues. The latest information from wikileaks suggests that the top brass of the Kenyan military armed the proscribed group Mungiki which then went on to kill peasants in Kenya’s Rift Valley Province. The outgoing US Ambassador detailed to Washington how co-ethnics of Mr. Kibaki tried to arm-twist the army into providing guns and aerial support to Mungiki in their campaigns against Kalenjins in the wider Nakuru area.

In light of this new information the natural question that follows is how much Mr. Kibaki knew. I find it hard to believe that he had no clue about this. I find it harder to stomach the fact that the President of Kenya may have Ok-ed a move by some of his lieutenants to murder innocent women and children simply because they spoke a different language.

Here is an excerpt from the Standard:

In the cables published on the wikileaks website, the envoy reported he received information retired military generals from Central and Rift Valley provinces were involved in organising militias that were meant to play a bigger role in the violence.

Ranneberger identified a former commandant of the National Defence College as the main player in the deadly plot. “At one time he put pressure on serving military generals to arm the outlawed Mungiki sect with G3 rifles, and also provide them with helicopter support,” read part of the cables.

In one cable titled ‘Kikuyus Not Afraid to Strike Back’ Ranneberger quoted sources claiming elements of the “Kikuyu-dominated Party of National Unity (PNU)” were backing the so-called “Forest Guard” militia, which included members of banned Mungiki sect.

“He (name withheld) has reportedly put pressure on the current Kenya Army Commander, Lieutenant General Augustine Njoroge to release G3 rifles and provide helicopter support to the Forest Guard,” read part of the cable.

Lt Gen Augustine Njoroge has since left the force and is now Kenya’s Ambassador to Israel. It is not clear if he executed orders from his superior.

The cable claimed the Lieutenant General in question was assisted in his efforts by a retired Brigadier General who was “acting as Chief of Staff for the effort”. The name of the former presidential aide-de-camp has also been withheld for legal reasons.

The ambassador further wrote Mungiki was receiving funding from two businessmen, one of them based in Muthaiga.

new lows for Kenyan politics

The battle lines have been drawn for a showdown in the Kenyan parliament tomorrow. Most reasonable Kenyans, including the current Chief Justice, the Attorney General (Mr. Kibaki’s government legal adviser) and Minister for Justice and Constitutional Affairs oppose the move by a faction allied to Uhuru Kenyatta and William Ruto to censure the speaker and shove president Kibaki’s questionable nominations to constitutional offices down Kenyans’ throats.

The media owners association, the Law Society of Kenya, and most of the Kenyan civil society have also rejected the unconstitutional nominations.

I have defended President Kibaki numerous times. I believe that it is because of his leadership style that Kenyans have experienced a resurgence of self-confidence that had long been lost after the fiasco that was 1966.

That said, I find his present actions deplorable. President Kibaki has chosen to risk plunging Kenya back into the abyss because of two of his lieutenants who masterminded the chaos that killed 1300 Kenyans and displaced hundreds of thousands. President Kibaki has chosen to spend public money and resources in defending this same duo. President Kibaki may also have been aware that state resources were used by his second wife and daughter to facilitate drug-trafficking. I stand disillusioned. For far too long I saw in the son of Othaya a Mang’u Man above petty the politics and mediocrity that characterizes Kenya’s political class. I may have been wrong.

The Kenyan presidency has been hijacked by Messrs Francis Muthaura and Uhuru Kenyatta. My only hope is that as they begin their descent for their sins from 2007-8 they do not take the rest of Kenya with them. I also hope that Mr. Kibaki will listen to the rest of Kenya, including the many bright legal minds allied to him, and rescind his wapende wasipende nominations.

His co-principal Mr. Odinga should also show some restraint and engage in grown-up politics. Engaging in a food fight with Mr. Kanyatta will not do Kenya any good.

Macharia Gaitho of the Daily Nation writes:

The crude personalised attacks both are displaying illustrate the depths to which Kenyan politics has sunk. Prime Minister Odinga and Deputy Prime Minister Kenyatta are demonstrating that they are truly the sons of their fathers.

They are privileged scions of the political and mercantile elite who got the best education money could buy and the richest heirlooms that could come out of public service, but when cornered, they abandon all pretence at cosmopolitan sheen and retreat to atavistic and crude ethnic demagoguery.

The saddest thing is that it might not just be a fight between two spoilt and overgrown brats, but a much wider one that carries their respective communities along.

The ordinary Luo or Kikuyu stands to gain absolutely nothing by hoisting Mr Odinga or Mr Kenyatta to reach the fruit. That fruit will not be shared, but kept within the family, as amply demonstrated by Kenyatta and Odinga Mark 1.

Yet you can bet that when it comes to reactions to the current Odinga-Kenyatta brickbats, it is the ordinary and downtrodden Kikuyu and Luo who will be incited to come out most rabidly in support of their man.

is kenya at last getting limited government?

On Thursday Speaker of the Kenyan Parliament Kenneth Marende ruled that President Kibaki’s appointments to constitutional offices were unconstitutional. The politics of the decision aside (it is a war between Premier Odinga and others intent on succeeding Mr. Kibaki in 2012) it is a good sign that finally Kenya may have gotten a system of political balance of powers. No single faction appears to be able to do whatever it wants, wapende wasipende.

Scholars like Nobel Laureate Douglas North, Barry Weingast (of my Department), among others, have argued that limited government (in which centres of power balance each other to prevent tyranny) is one of the key ingredients in the quest for long-run Economic growth and political stability.

Kenya appears to be on the threshold of obtaining limited government. It began with President Kibaki’s laid back approach to governing which empowered centres in the political structure outside of the presidency. Raila Odinga, William Ruto, Uhuru Kenyatta, Martha Karua etc are all politicians who have elevated themselves to an almost equal footing, politically speaking, with the president himself.

And the change has not just been about personalities, typical of politics in Africa. Institutions have had a hand in it, too. The Kenyan parliament – which Barkan thinks is the strongest in SSA – with its committee system and relative autonomy from the executive has been at the forefront of checking the powers of the executive in general and the presidency in particular. The new constitution reflects this new equilibrium condition.

The new constitution also empowers the judiciary, previously seen as a rubber stamp institution in the pocket of the president. Although nominations to the institution has gotten off on a rocky start, it appears that the law society of Kenya and the Judicial  Service Commission might be strong enough to (self)regulate judges on the bench, regardless of who appoints them.

I am cautiously optimistic.

the African Union and its problems

The just concluded AU summit in Addis Ababa, Ethiopia had two key problems to address: the political crisis in Ivory Coast and the legal battles involving six Kenyans who face charges at the ICC. So far the continental body appears to have failed on its attempts to address both problems.

In the Ivory Coast, Mr. Gbagbo’s camp has already declared that the five person panel formed by the AU is dead on arrival unless Burkinabe president, Compraore is dropped. The Daily Nation reports:

The president of Burkina Faso, named on a high-level African Union panel tasked with settling Cote d’Ivoire’s leadership crisis, is “not welcome” in this country, a top ally of strongman Laurent Gbagbo said here yesterday.

And in Kenya, the political football involving the setting up of a credibly clean local judicial system to try perpetrators of the 2007-8 post election violence diminished the prospects of a deferral from the UN Security Council. Kenya must guarantee that it will try the suspects for the ICC to consider a deferral. It does not help that the appointment of high members of its judiciary, including the chief justice, the attorney general and the director of public prosecutions has already been soiled by political grandstanding.

power-play in public appointments in kenya

It emerges that Kenya’s Prime Minister Raila Odinga wanted President Kibaki to appoint a foreigner to head the judiciary. This can only mean one of two things: either (i) Mr. Odinga wants a super clean judiciary that will interpret the law in a disinterested manner or (ii) he thinks that the Kibaki-PNU faction is so strong that they will be able to buy off any local judge appointed to head the judiciary.

Because Mr. Odinga or his allies could potentially find themselves facing the judiciary in the future, I don’t think it is the former concern that is motivating the Premier. It must be the case that he realizes he has no way of locally dealing with the Kibaki-PNU faction, except through name-and-shame games and other sanctions involving foreigners. To compensate for the fact that he cannot contain the Kibaki-PNU coalition politically, Mr. Odinga is hoping he can do so via independent institutions.

What does this mean for Kenyan democracy? It means that it is not yet Uhuru. As long as there is a faction in the country that can do whatever it wants under a “wapende wasipende” mentality Kenya will remain a democracy in name only. True democracy will only come once all factions involved realize that the country belongs to all Kenyans and that they cannot get away with subordinating the interests of regular Kenyans to those of a few ethnic chiefs.

The man to blame for all of this is Kalonzo Musyoka. Mr. Musyoka is bad for Kenyan democracy because he is the all important median veto player, but lacks principles. Because his support gives either side the needed majority he remains the biggest stumbling block to any compromise arrangements that might ensure that regular Kenyans truly benefit from the new constitutional dispensation. Kibaki does not need to negotiate with Odinga as long as he has Kalonzo on his side. But given Mr. Odinga’s political clout, good and lasting institutions will only emerge if Kibaki and Odinga arrive at a self-enforcing arrangement.

Mr. Musyoka initially campaigned against the new constitution. Mr. Musyoka has been at the forefront of efforts to protect perpetrators of the 2007-8 post-elections violence that killed over 1300 Kenyans. Mr. Musyoka continues to stand on the wrong side of Kenya’s reform agenda. Given the recent comments from Francis Atwoli, the trade union leader, it is encouraging that Kenyans are cognizant of these facts.

kenya’s silent revolution

One of the hallmarks of (true) revolutions is that they consume their originators. The totality of revolutions is unmistakable. Maximilien Robespierre learned this the hard way 5 years after the French Revolution. Kenya’s political elite are beginning to learn this sooner. The new constitution is beginning to claim its political victims one by one. That almost all members of Kenya’s political class are neck high in corruption is not a secret. The only question is how many of them will be caught by the dragnet of the new dispensation.

William Ruto, Henry Kosgey and Moses Wetangula are the biggest casualties, yet, of the new constitution. Finance Minister Hon. Uhuru Kenyatta might soon become a victim if events at the Hague go according to Mr. Ocampo’s plan. Water Minister Hon. Charity Ngilu may be next.

This is clearly a transition moment. And transitions tend to be dangerously shaky. My only hope is that the flame of change ignited by the new constitution will not consume the pith even as it consumes the dead branches of the tree that is Kenya.

The last thing we want is a political system in which de facto power is in the hands of economically shallow political entrepreneurs. The present day winds of change should not completely disenfranchise those with economic power. Political power divorced from economic power lasts as long as dew in the Kalahari. To preserve the new system the present day ethnic chiefs and princes should not loose out completely.

Kenya is not coup proof yet in its history. Argentina, Brazil, Indonesia, Thailand, Turkey, among others, have experienced coups at comparatively more advanced levels of economic development.

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.

 

kenya is not in a constitutional crisis

Kenya’s newly emboldened imperial parliament is up to some mischief. MPs rejected nominees to two crucial commissions created by the country’s new constitution: the Revenues Allocation Commission and the Commission for the Implementation of the New Constitution. The MPs rejected the nominees to the two commissions in response to a court decision that ordered the boundaries commission not to gazette newly created parliamentary constituencies. Their mischievous excuse was that the commissions lacked regional balance.

Pols from central Kenya went to court challenging how the redistricting was done. Many of them thought that the boundaries commission favored ODM, the Premier’s party. MPs from the western half of the country, the northeast and the coastal region seem to be OK with the list. I still do not understand how in the world anyone thought that redistricting of constituencies would be apolitical. [Despite the existence of a formula in the constitution].

I am always amazed by the naivete and lack of strategy among Kenyan politicians who seem to think that public officials always have the best of intentions – never mind the fact that the country is one of the most corrupt in the world. Given the outcome, Mr. Ligale and his commissioners must have been in the pockets of ODM. The losers should learn from this and in the future design more airtight systems that assume the worst of public officials. No country has ever succeeded whose institutions depended on human goodwill.

As a result, a crucial deadline has been missed in the implementation of the new constitution and any Kenyan can go to court demanding the dissolution of parliament.

Lawyers, however, refute the notion that Kenya is in a constitutional crisis. There are ways around the matter. Firstly, the MPs can amend the constitution to give themselves more time. Secondly, the judiciary can give the boundaries commission a new lease of life and extend its mandate until the job is done. Lastly, and perhaps most plausibly, the President and his Premier can arrive at a political solution to the problem and allow the process of implementing the new constitution to move on.

And in other news, Kenya’s Prime Minister Raila Odinga has very bad advisers. Asking that gays be arrested is so 16th century. In any case the last thing we want to do is waste critical police man hours policing private morality while criminal gangs continue to make the lives of many Kenyans a living hell. Mr. Odinga should know better.

kenya: a model of conservative revolution?

An ambitious project is in the works to build a new city from scratch in Kenya, a sign that things are indeed changing in the economic engine of the wider eastern African region. The stock market voted for the new constitution with a bullish run on the eve of the ratification of the document. Investments in property – the property class has outdone most asset classes in the last two years – serve as a sure marker that Kenyans are confident in government’s commitment to protection of property rights. I am one of those who remain optimistic that Kenya is on the verge of take-off. And here is why.

Not long ago the idea of a cabinet minister resigning in Kenya was a pipe dream. Even more improbable was the idea of parliament defying the president. But these days ministers resign and the Kenyan parliament routinely defies State House. More importantly, the august house has continued its march towards independence from the executive – both functionally and financially. By controlling their own budget and calendar and building a functioning committee system, members of The House have acquired enough muscle to expose lapses in the management of public affairs – including the present scandals involving the Kenyan foreign ministry and the Nairobi City Council.

The biggest question, however, is whether the reforms embodied in the new constitution will last. My answer is yes they will, for two reasons. Firstly, the reforms are not as radical as some commentators think they are. The Kenyan establishment still stands to gain the most from the institutional reforms embodied in the new constitution. Land ownership, taxation, regulation of business, among other topics of interest to the elite are still firmly in the hands of the conservative centre and their provincial allies. Secondly, the emerging culture of bargaining, as opposed to Nyayo era “wapende wasipende (like or not) politics,” provides opportunities for amicable settlement of disputes resulting in self-reinforcing deals. No single political grouping can force its will on Kenyans. Mr. Kenyatta needed to only convince the Kiambu mafia for his policies to fly. Moi only needed a small group of collaborators. The new dispensation, however, requires that a significant number of elites, with varied political interests, buy into an idea before it can fly. This is progress. It is stable and sustainable progress.

Kenya’s dark hour in early 2008 was an eye-opener to the political and economic elite. The more than 1300 deaths will forever be a reminder of the evils of strongman rule. The broader legacy of the 2007 election will however be positive. The elections showed the core conservative establishment that they cannot run the country on their own, and that the peripheral elites also have significant de facto political power. By forcing the elite into agreeing to a self-enforcing arrangement, the regrettable events of 2007-08 facilitated elite compromises culminating in their new Kenyan constitution. The yet to be established supreme court will provide the final piece of the foundation needed for sustained institutional development in a predictable environment. Paradoxically, the biggest plus of Kenya’s new constitution is its conservative bent. And for that reason it will endure beyond the current teething phase. A more radical document would have been eviscerated just as the Kenyatta and Mboya amendments decimated Kenya’s independence constitution.

william ruto suspended from cabinet

The road to Rule of Law in Kenya is just beginning to take shape. For sure, politicians will continue to flout the constitution but things are no longer the same. Today, as required by law, President Kibaki suspended higher education minister Hon. William Ruto because of the latter’s pending criminal trial over a fraudulent land deal. Section 62 of the Anti-corruption and Economic Crimes Act states: “a public office charged with corruption or economic crime shall be suspended at half pay, with effect from the date of the charge.”

Given the stature of Mr. Ruto as the ethnic chief de facto political leader of the vast Rift Valley Province, this is a big deal.

The next big test for how committed the ruling class in Kenya is committed to the Rule of Law will be when Ocampo and the ICC come calling with arrest warrants later in the year or early next year. Bigwigs in cabinet and close confidants of both the president and his prime minister are expected to be among those indicted.

jkia has free internet!

The last time I had free wireless at an airport was in Hartford, Connecticut. I am therefore absolutely delighted to be able to blog as I wait for my flight to London tonight. I am not looking forward to the long hours in pressurized steel tubes – as one of my pals calls them – and the long layover in the infamous Heathrow. Although there is no chance of missing my connecting flight to San Francisco, I am bracing myself for the possibility of not having my luggage when I arrive there.

Already missing home. It has been a fun one month, most of which I spent in rural Kenya. Being in Nairobi has been fun too. I am glad I got to be here for the referendum, the promulgation of the new constitution and the release of the 2009 national census results. Kenya is a lot of things, but lately it has been trying tooth and nail to put its best foot forward, the al-Bashir fiasco notwithstanding (I am one of those optimists who are hoping that Kenya was playing smart diplomacy by allowing the genocidaire president to come here in exchange of his honoring the January 9th secession referendum for Southern Sudan).