provisional kenyan referendum results

Provisional results indicate that 67% of Kenyans voted in favor of the proposed draft constitution. In all provinces but the Rift Valley and Eastern, Kenyans voted overwhelmingly in favor of the document. Rift Valley saw the stiffest opposition to the new constitution, recording a 62% NO vote. This was however expected since the regional political supremos, William Ruto and former president Moi, had vigorously campaigned against the document. In Eastern Province vice president Kalonzo Musyoka was left exposed after a strong showing by the NO side in his backyard. The vice president campaigned for the document but faced insurgent local politicians who appear to have proved that Mr. Musyoka does not have as much influence in the region as he would have us believe. Given Kenya’s highly regionalized national politics, the poor showing by Mr. Musyoka in his own backyard will have interesting implications for the Kibaki succession politics.

Of interest later today will be the breakdown of how individual MPs fared in influencing the vote in their own constituencies. Sadly, outside of Nairobi and other major urban centres most voters did not vote for the new constitution on its merits but followed the advice of their representatives, or their opponents. The most vivid example of this was in North Eastern province where quite a few number of voters turned up expecting to vote in a general election. It might be time the government issued free radio sets to families in the arid north of the country.

In other news, Kenyans appear to have learned their lesson in 2007 about election-related violence. Throughout the last few days the tv screens have been filled with programs and advertisements reminding people to keep the peace.

really Mr. Moi, really?

I have great respect for Kenya’s retired President Moi. The man from Baringo had many faults but he deserves credit for letting go when the time came in 2002 due to a constitutionally mandated term limit. He could have pulled a fast one on Kenya like many a dictator have done on the Continent even in the post-1989 era of pretend democratization. That said, his 24-year tenure was nothing to sing about. Kenya’s per capita income declined under his rule. The 1992 and 1997 election-related ethnic clashes occurred under his watch. Moi played the ethnic card more than any other Kenyan politician on record. Detention without trial was the norm for anyone who dared disagree with baba (father). Moi banned political parties in the early 1908s. In 1988 he rubbished the secret ballot and required that voters queue behind their preferred candidates. In short, Moi’s Kenya was nowhere near being a liberal democracy.

So when the former president runs around Kenya being characteristically anti-reform by campaigning against the proposed constitution and claiming that “I was not a dictator. People wanted peace” we can only sit back and ask: really Mr. Moi, really?

populism gone mad

The Kenyan parliament today passed a law that empowers the finance minister to fix prices of “essential goods” in an effort to tame unscrupulous traders who exploit wananchi with arbitrary price hikes. That is the story the sponsors of the bill want us to believe. Trade Minister Amos Kimunya has criticized the bill as a bad signal to investors. Kenya, he said, is still committed to the principles of economic liberalization. I concur with Mr. Kimunya’s criticism of the bill. Hayek’s old wisdom about the impossibility of controlling the economy still holds; You can’t fix retail prices without also having to fix the costs of production, transportation, advertising etc. And don’t even get me started on the demerits of allowing politicians – like Finance Ministers – to have this much power over the market.

The market definitely needs responsible regulation but in this instance the best way to protect wananchi, if this is the true aim of parliament, would have been to reduce the barriers of entry in the relevant industries and let competition and the invisible hand of the market drive the prices down. It is the best way to do it. President Kibaki should reject this bill.

UPDATE: For more read Jaindi Kisero of the Nation

failed states index

Foreign Policy, in its July/August issue has 2010’s failed states index. The Continent has 12 of the top 20 worst performers on this index, with Somalia, Chad, Sudan, Zimbabwe and the DRC being in the top five respectively. Kenya is 13th on this index, performing worse than Niger, Guinea-Bissau and Sierra Leone, among other basket cases. The substantive meaning of the rankings aside (I’d rather be in Kenya than in Sierra Leone on any day), the index is a grim reminder of how badly governed the Continent is. The best ranked mainland African state is Ghana, at number 54. Mauritius leads the Continent at number 30, out of 177.

Also in the FP issue is an exposĂ© of Bozize’s Central African Republic. I used to think that he was doing a relatively good job. Turns out he is full of bucket-loads of horse manure:

“BozizĂ© has fared no better than his predecessors, ruling a territory the size of Texas with a GDP significantly smaller than that of Pine Bluff, Arkansas.”

And don’t miss out on Ayittey’s ranking of the world’s worst dictators. Our good friend Rob is second only to the crazy guy who runs North Korea.

Lastly, I must say something about my favorite punching bag Idriss Deby’s Chad. Idriss Deby is a study in ineffectual leadership and is on the list of Africa’s many ‘wasted dictatorships.’ In 2006 he successfully conned his way out of the World Bank brokered plan to use revenue from the Chad-Cameroon pipeline to reduce poverty among his country’s extremely impoverished 10.3 million souls. He now uses most of Chad’s oil revenue to fund his poorly-run security forces that remain vulnerable to any rebel group that can land its hands on a technical. But with over 1.5 billion barrels in reserves and a world thirsty for oil, it appears that this Zaghawa “warrior” is here to stay, his incompetence notwithstanding.

The HDI numbers tell it all. The literacy rate in Chad is at a dismal 25%. Life expectancy stands at 48 years. 80% of Chadian’s live on less than a dollar a day. The growth rate of the economy, -1% last year, -0.2% in 2008 and 0.6% in 2007, cannot keep up with the population growth rate of more than 2% (despite a rather high infant mortality rate of 97 deaths/1000 live births) – which means that Chadians’ living standards will continue to decline into the foreseeable future.  The bulk of Chadians (more than 80%) make do with subsistence agriculture. Oil, cotton, cattle and gum arabic are the country’s main export commodities.

sources: FP and The CIA World Factbook

nairobi blasts were grenade attacks

The Daily Nation reports that the blasts at a “NO” rally in Uhuru Park, Nairobi were caused by grenades. This confirms Kenyans’ worst fear – that the explosions were not accidents but an organized attack on those opposed to the draft constitution. One hopes that Kenyan politicians will be sober-minded as the relevant authorities investigate this incident. The last thing we need is careless finger-pointing and sabre-rattling.

I hope that the president and his prime minister will follow on their promise to bring those responsible to book. This is a potentially dangerous attack on Kenya’s young and troubled democracy. Freedom of expression is one of the key pillars of civilized society. This is an attack on every Kenyan’s freedom of expression. Those opposed to the draft constitution should be allowed to do so openly and as loudly as they can, as long as they are within the limits of the law.

Politicians all over Kenya are currently on campaign mode for or against the draft constitution. The referendum on the new document will be held on the 4th of August this year. The main sources of division in the proposed constitution include land management, devolution of power from the centre, inclusion of Kadhi’s courts to adjudicate on Muslim family law and the existence of a loophole that could allow for the legalization of abortion.

all systems go for kenyan referendum

Kenyans have the chance to vote in a new constitution come August 4th. The referendum vote has created a divide in Kenyan society, pitting clerics  and politicians allied to William Ruto against Kenya’s wider political establishment. Kenya’s quasi-dyarchy fully backs the new document. The church opposes the document on the grounds that it allows for abortion and disproportionately favors Muslims by providing for Kadhi’s courts. William Ruto and his allies do not like the document because it will perpetuate the centralization of land management, something that is dear to the hearts of most of their constituents.

The new document is not perfect. But it’s infinitely better than the colonial constitution that we have had since independence. For one it provides for separation of powers. The president and his cabinet will no longer be members of parliament. It also gives parliament more teeth. The provision to channel funds to local governments is a brilliant idea. Corruption will make a dent on the funds, no doubt, but local elections should attenuate the effects of graft. I only hope that county governments will be allowed to compete with each other and experiment with policy.

If I were to make improvements to the document I would provide greater autonomy to major towns and cities. I would also stagger elections so that not all parliamentary elections coincide with presidential elections. I would have given supreme court judges lifetime security of tenure. Lastly, I would have granted Mr. Ruto his wish and decentralized the management of land – but set national minimum requirements with regard to land use and taxation, especially of idle land.

kenyan mp Dick Wathika to lose Makadara seat

Following a petition by former MP Reuben Ndolo (of the “weka tire” infamy), Lady Justice Kaplana Rawal has nullified the election of Dick Wathika as Makadara MP in the 2007 general elections. Mr. Wathika becomes the 5th sitting MP since the chaotic 2007 vote to lose after an election petition in court. The 2007 elections were marred by irregularities that almost plunged Kenya, previously an oasis of peace in a turbulent part of the Continent, into civil war. 1300 people died before a power-sharing agreement was brokered between incumbent Mwai Kibaki and his challenger Raila Odinga. Given that most Kenyans voted “three piece”, the apparent widespread irregularities at the constituency level must be highly correlated with those of the presidential vote. Neither PNU nor ODM can claim innocence. The real culprit, however, is one Mr. Samuel Kivuitu. The former boss of the electoral commission presided over a sham election with a straight face and got away with it. Shame on him.

president kibaki to resign and call for fresh elections

Kenyan president Mwai Kibaki has announced that he will resign and call snap elections. Mr. Kibaki cited wrangling within the cabinet and the failure to tackle corruption and poor governance as his main reasons for seeking a fresh mandate from Kenyans. It is unclear which party ticket the president will run on since his party, the PNU, has since disintegrated into its constituent coalition partners. The Prime Minister’s party, the ODM, are currently holding a meeting before issuing a statement in response to the president’s move.

Read more here

the south africans cometh

They are all over Tanzania. Kenya’s southern neighbor is even a member of the SADC and currently suffers a huge trade deficit with South Africa. Now the sons and daughters of the Continent from south of the Limpopo are eying even greater penetration into the EAC via Uganda. President Zuma just visited Uganda with a delegation of businesspeople. Uganda’s oil sector was on top of the agenda.

I hope Kenyan businesspeople, and the political class, are watching. Competition from the South Africans is, of course, most welcome – companies like the East African Breweries certainly benefited from South African competition. That said, Kenya should not give up its role as the economic locomotive of East Africa. In particular, the government should ensure that Kenyan companies in the light manufacturing, retail and banking sectors remain competitive in the region. Investment in infrastructure – roads, the ports in Lamu and Mombasa, pipelines, power generation – should be prioritized. Nairobi must ensure that the Ugandans, Rwandans, Burundians and Southern Sudanese find it cheapest to export and import through Kenyan ports.

raila-kibaki feud continues over corruption

The events of Sunday morning exposed the illusion that Kibaki and Raila had decided to bury the hatchet and do what is right for the Republic. Earlier the Prime Minister had suspended Ministers William Ruto and Samuel Ongeri over graft in their respective ministries. But the President quickly followed with a press release saying that the Prime Minister had no authority to dismiss the two ministers. Both cited sections of the Constitution and National Reconciliation Accord that midwifed the formation of the Grand Coalition Government after post-election violence in early 2008.

It is clear that corruption and the fight against it is being politicized by the two principals. It is also clear that the constitutional amendments that created the position of the Prime Minister did a bad job of defining the powers of the Premier and separating these powers from the President’s. And that is just sad. Parliament must do something in order to avert a full blown constitutional crisis in the near future.

Prime Minister Odinga’s move to suspend Ongeri and Ruto, in my opinion, was ill-advised and reckless. Justice is political, and sometimes the means matter just as much as the end. Is it wise to risk wider instability in the country for short-term political gains? I don’t think so Mr. Odinga. There are better ways of dealing with both Ruto and Ongeri. President Kibaki reaction to the suspensions was equally sub-par. I still do not understand how two men in such high positions find it reasonable to communicate with each other over the media instead of meeting and hammering deals with each other in person. The two should know that their power-politics games in the media do nothing but drive wedges between Kenyans. To quote President Moi, these nonsensical games will not increase the number of sufurias in Wanjiku’s kitchen.

sunday editorials that I liked

As usual, Mutahi Ngunyi has a provocative piece in the Sunday Nation. I am sort of sympathetic to his idea of ethnic suicide (by which he means dumping ethnic identities and what they stand for) – I was in Eldoret and Timboroa for two days this summer and saw with my own eyes the fruits of ethnic hatred. The short-term operationalization of the idea may be problematic though. To make Kenyans out of Luos and Kikuyus and Kalenjins will take time. Because of this the process of “ethnic suicide” ought to take place sub-consciously, for if it is “managed” the end results or the process itself may be nasty.

Gitau Warigi pours some cold water on Bethuel Kiplagat’s TJRC. I like his argument. I am always baffled by how much we spend on such useless commissions only to be rewarded with “classified reports” issued to the president.  Philip Ochieng‘ has an interesting piece on ethnicity and politics in Kenya. I wonder how many politicians read his column… And Kwendo Opanga just gave me one more reason to think that Vice President Kalonzo Musyoka is as misguided as ever. This is not to say that the alternatives to Mr. Musyoka in the post-Kibaki dispensation are any better. Woe unto Wanjiku.

And in other news, is this legitimising crime or what?

AGOA, African trade and development

Nairobi is currently playing host to delegates from all over the Continent and the US attending the 8th AGOA conference. I had time yesterday to listen to Sec. Clinton’s and President Kibaki’s speeches (President Kibaki, please fire your speech writers and hire a speech therapist). Despite the embarrassing delivery, President Kibaki’s speech struck the right tone. The US should open up more to African business and Kenyans (and Africans in general) should be quick to take advantage of the existing trade opportunities – even as they continue to tackle governance problems (which, contrary to Premier Odinga’s comments, is a major road block to African development).

I felt like Clinton’s comments were a bit too vague. It is high time the US stopped treating trade with Africa as  something that only happens at the pleasure of Washington (for more on this see Aid Watch). The one thing that hit home in the speech was the call for an increase in intra-continental trade. The last time I checked this accounted for a paltry 10% of all trade on the Continent. Poor transcom infrastructure is to blame. But political risk (read deplorable governance) is also to blame. I hope the many African delegates present took this point seriously.

I don’t know what deliverables come out of such AGOA gatherings so I will wait till the end of the conference to comment on its relevance. For now I am happy that United Parcel Services (UPS) has pledged to buy staff uniforms from the Kenyan market.

well said, Wanyeki

Muthoni Wanyeki is my favorite weekly columnist with the East African, a regional weekly. This week she wrote a piece on the Kenyan government’s reluctance to prosecute perpetrators of the post-election violence of early 2008.

bullying kenya, Southern Sudan in the mix

A few months ago it was Uganda. Kenya’s western neighbor sent troops and hoisted their flag on a Kenyan island on lake Victoria. The Kenyan government at first wavered, unable to provide a coherent response before it formed a joint task force with the invading Ugandans to determine the ownership of the island. It turned out the island is indeed Kenyan, only for the Ugandan president to claim that even if the island is Kenyan the waters and fish around it are Ugandan.

Now Southern Sudan is also in the mix. The Kenyan immigration minister, the man charged with the running of Kenya’s border posts was stopped from accessing one such post by Southern Sudanese security people – on Kenyan soil!! How ridiculous.

This insouciant approach to territorial matters is evident of the lack of a sense of nationhood in most African countries. These states only meaningfully exist withing a few hundred kilometres radii of the capitals. Since no one had to fight for the borders, no one really cares. But Kenya’s case is even more absurd. This is not Somalia or the Gambia. We should have better control of our people and our borders.

politics gets in the way of justice, again

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

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

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

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