Choose Peace

It is only 8 days to the 4 th March 2013 general elections and there is no better message to the electorate and politicians than Charlene Mugo’s appeal to the people of Kenya. Watch the video and internalize it. 

It is your duty as a citizen to ensure peace and tranquility prevails before, during and after the elections. The children and everyone else in Kenya need to realize their dreams. Elections' chaos and violence will endanger these dreams.

Let Charlene Mugo achieve her dream to become a surgeon.

Let your vote be the only weapon.   

Choose Peace.

Obama’s Message to Kenyans on the Eve of March General Election

President Barack Obama has chosen the power of video to deliver his message on the impeding Kenya general elections to be held on March 4, 2013 to the people of Kenya. He appeals to Kenyans to reject intimidation and violence. He implores them to choose freedom, fairness and openness. The elections should be free and fair, he adds.

For those who dispute the outcome of the elections, he asks them to use the Courts rather than the streets to resolve the disputes. We vividly remember the main course of violence in the last election was the rejection by one of the antagonistic parties to seek justice from the Courts. Obama reminds that with the new constitutions, institutions and mechanisms for resolution of disputes are in place. Anyone that feels wronged should seek this path rather than the route of violence.

Obama also stresses the neutrality of America in the election. He says that America has no preferred candidate nor does it support or endorse any of the candidates. For America the message is clear “Let the people Decide”. Obama’s administration seems to distance itself from the position taken by countries such as United Kingdom and some European Union governments that warn Kenyans on who to elect as their president.

Kenyans should listen carefully to what Obama is saying for the sake of our beloved country. Don’t let anyone scare you as to who to elect as your president. The choice is yours. Also don’t listen to those who threaten you with sanctions for opting to support some candidates and not others. Shun those who cry wolf just in order to create a scenario for dispute, conflict, hatred and even violence. Don’t entertain rumors, perceptions, allegations and outright lies for the sake of hating one candidate over another. Let us avoid pitting one candidate against the other, one community against another and one region against the others. We are all Kenyas and so should we remain during elections campaigns and after the elections. We should not dare our country apart for the sake of elections.

Listen to those who say what they will do to improve your lives, standard of living and your general welfare. Ask those peddling lies, rumors, allegations and hatred to stop. Freedom of expression does not include insincerity and deception. It is a fair play for the sake of the people, peace and tranquility. Let us discuss the pressing problems facing the country with sobriety. The sensitive, divisive and emotive issues should be interrogated after the elections when the tension and pressure of elections have subsided. Let us carry out the dialogue through the institutions and mechanisms established by the constitution and not election public rallies.

Kenyans are peaceful people and can deliver a peaceful violence free election.  Let us do it.

The New Political Face of Kenya

Peter Kenneth and Raphel Tuju

The new constitution gives the people of Kenya a golden opportunity to elect into public office people who represent a change of the political face of Kenya. Whether the electorate will avail themselves this opportunity, given the political parties alliances that have unfolded in the recent days, is not certain. To do this, they will have to vote for candidates outside these political alliances.

Martha Karua

The judiciary offers a good example of what change of leadership, through infusion of new blood, means. The appointment of Chief Justice Willy Mutunga and other new faces to the judiciary gave it a boost of the change of image it required. Today, the judiciary gradually is gaining the confidence of the people. If the other arms of the government, the legislature and the executive, are to have the confidence of the people, a change of the political leadership is need. This cannot happen if the electorate is going to recycle the same old politicians back into leadership of these institutions.

Prof. James Ole Kiyiapi

There are three compelling reasons why the political face of Kenya needs to change. Firstly, in order to end the domination of Kenyan politics by two families: The Kenyatta and Odinga families. The politics of Kenya since independence have revolved around these two families. The rivalries between the Jomo Kenyatta and Oginga Odinga dominated during the Kenyatta presidency and by proxy the Moi presidency. Their sons Uhuru Kenyatta and Raila Odinga, entered into the scene in 2002 and through proxy dominated the politics during Kibaki presidency too. Exit Kibaki and now it is full blown domination by the two sons. If in the next ten years Kenyans are to avoid the unfolding domination by these two families, a new face of leaders is required.

The second reason is to end the domination of Kenyan politics by KANU. KANU has ruled Kenyan in the last 49 years. The entry of NARC in 2002 and PNU-ODM coalitions in 2007 did not change KANU dominance as the new parties were off springs of KANU. To end KANU dominance Kenya needs a new face of fresh politicians who have had no flirtation with KANU in the past. The two main alliances fronting for the next elections, Jubilee alliance and CORD alliance are nothing new but reminants of KANU.

The third reason is to end the domination of Kenyan politics by tribal arithmetic and alliances. Voting in Kenya is tribal. The main ethnic communities tend to vote as a block for the candidate from their tribe. Even where they vote for other candidates, their choice of alliance is mainly determined by their tribal interests. The two main alliances, Jubilee and CORD are tribal in nature as they bring together tribal groupings in order to counter their rivals in other tribal groupings.

The analysis above begs the question - who are the new political face of Kenya? These are candidates who have nothing to do with the two dominant families, KANU off springs and tribal alliances. Can we find such candidates, especially in the presidential race? Yes. Peter Kenneth, Raphael Tuju, Martha Karua and James Ole Kiyiapi. These are the true new political face of Kenya. The electorate ignore these new leaders at your own peril.

Interview on Forthcoming General Elections in Kenya

In a recent interview with the editor of African Press International TV Sammy Korir, the author of this blog talks on various issues touching on the forthcoming general elections in Kenya 4 March 2013:  Insecurity and terrorism, rule of law, integerity and leadership clause, ICC cases, corruption and coalition making among others.

Part 1

 

Part 2

 

Leadership and Integrity Clause a Slippery Ground for All Seeking Public Office

The Big 4 Presidential Candidates 

Kenyan leadership and democracy may be becoming of age with the entrenchment of the Leadership and Integrity Clause in Chapter Six of the Constitution. The clause read together with Article 10 on National Values and Principles of Governance is a slippery ground for all seeking public office in the country’s leadership. It is quite difficult to see which of the current politicians, presidential candidates and other aspiring candidates for public office will remain standing when the clause is strictly applied. For now application of the clause may be urgent in determining whether the two presidential candidates facing trial in the International Criminal Court (ICC) at The Hague, Uhuru Kenyatta and William Ruto should be in the presidential ballot papers in the next election or not.  Nonetheless, the determination will have wide ramifications for political ambitions of many aspiring candidates. Most will be left lying down seriously scathed politically.

Chief Justice Willy Mutunga’s reference to the decisions on integrity and leadership in cases of the Deputy Chief Justice Nancy Barasa and the appointment of Mumo Matemu as the Ethics and Anti Corruption Commission chairman is a subtle pointer of the judiciary thinking. In the circumstances, it may be a matter of time before the Supreme Court slams the doors shut on the ambitions of the two politicians and many other political aspirants. When the decision falls, jubilations among politicians will be short-lived as one politician falls after the other on the slippery ground.

Kenyatta and Ruto should seriously be preparing for the eventuality that they are blocked from contesting for presidency. Who will take the helm of leadership in their respective political parties if the clause is interpreted adversely against their ambitions? To a keen political observer of the Kenyan politics it may seem that Kenyatta is doing precisely that. The entry of a former self-declared presidential aspirant, Mutava Musymi into The National Alliance Party (TNA), at first as a presidential nominee contestant against Kenyatta, and later the withdrawal of his nomination candidacy in favor of Kenyatta, is telling. He could be the “Prince” in waiting under the wings of Kenyatta for the leadership of TNA in case the latter is incapacitated as a result of the ICC trial. In contrast, in Ruto’s United Republican Party  (URP) such leadership positioning is not clearly visible.

The other self-declared presidential candidates cannot rest comfortably in their political loins. For Musalia Mudavadi of United Democratic Front (UDF), the Goldenberg scandal may haunt his integrity. Raila Odinga may have skeletons hidden in his yet to be widely opened closet. The maize scandal, molasses deal, and nepotism and corruption allegations by Miguna Miguna may blemish his integrity.  After all Miguna Miguna might not be a mad man running away with Odinga’s clothes. Could Odinga be really naked? Stephen Kalozo Musyoka could also not be the clean man he projects himself to be. If his political career is closely examined unpleasant things may be unearthed. There is already allegation of land scandal involving the current Vice President.

When the Supreme Court gives its opinion on the leadership and integrity clause as requested by the Attorney General, not only Kenyatta and Ruto will be casualties, all political aspirants will be put on notice and they will have to fight for their political lives. The field will be set wide open for candidates who pass the integrity test while the old recycled politicians’ political careers may be prematurely terminated.

To the surprise of all, the next President of the Republic of Kenya may be a man or woman that Kenyans have not given much attention to until now.

No More Soft-Gloves on Corruption

Former Tourism Permanent Secretary Rebecca Nabutola (left) and former Kenya Tourism Board Managing Director Achieng Ongonga

Corruption may soon become a dangerous and risky pass-time for public officials and private business person engaged in corruption and money embezzlement. 

The conviction and sentencing of two former senior public officials, a permanent secretary, a tourism board managing director and a tourism board member and entrepreneur to jail terms of 4, 3 and 7 years respectively and hefty cash fines should be deterrent enough. The courts have started to bit and should do so often if corruption impunity is to be eradicated.

The action by the courts is something Kenyans have been waiting for, for a long time. Others with pending cases should take notice. "Corruption lords" in the public service should also take notice. This is not time to fight back. It is time for taking responsibility and accountability.

One does not fail to feel pity on the trio remembering that they also served in various capacities. However, the lesson is that "good work is always destroyed by one act of impropriety." There is a great honor in serving the country impeccably rather than ending in jail as a criminal. Public officials should henceforth choose the former.

Wishing Kenya Olympic Team 2012 All the Best

We would like to wish our Kenyan Olympic Team 2012 all the best in London. Bring back a host of medals. We also wish David Rudisha success in his attempt for a new world record in 800 metres. All Kenyans are behind you all. Do us proud.




It is refreshing to see our streets being used to celebrate and not a scenery of street demonstrations and politcal fights. You guys have reclaimed the Streets.

Hongera Wakenya!

Looking Beyond Oil Discovery

Oil Well Field Turkana

The recent news of oil discovery in the arid Turkana area of Northern Kenya is really good news. The discovery rewards the long search for oil.  It also comes at a time when the country is geared for long term investment projects in areas of infrastructure including roads, railways, oil pipelines, cities, airports and seaports. The recently launched Lamu Port-South Sudan-Ethiopia Transport Project (Lapsset) is the largest infrastructure project to be undertaken in Eastern and Central Africa. The Lamu Port is expected to act as the main gateway to Africa's Great Lakes region that includes the Horn of Africa, eastern Africa and central Africa. The project will include the construction of a superhighway that will link Kenya and Ethiopia and the creation of an oil pipeline from Juba in South Sudan to Lamu. The discovery of the oil will benefit from this giant infrastructural construction linking Turkana to Lamu port.

Once the size of the catch is confirmed, it will be time to look beyond the discovery to the future of Kenya as an oil producing country. Oil discovery in Africa has become a curse rather than a blessing. Instead of using the oil resource for the benefit of the country and its people in order to alleviate poverty and raise standards of living, the political elite in cohort with multinational oil corporations have plundered the resource for their own benefit. In order to avoid this path of pillage, Kenyan authorities must look beyond the discovery and envisage a future of abundance and prosperity for all Kenyan people, including the local Turkana population.

Oil revenue management is the key to prosperity. This entails transparency and avoiding deals that undermine peoples’ authority to benefit from the resource. The authorities must strike favorable agreements on resource and revenue sharing between the people and the oil companies. They must ensure that most of the revenue from the sale of oil remain and benefit the country. In other words, the government should avoid greed and act fairly for the benefit of the people.

For good managed of the oil revenue, the government should look and emulate success stories from oil producing countries, especially Norway. When Norway discovered its first oil, it was among the poorest countries in Europe. Since then, it has wisely used the oil revenue to provide its citizens with the highest living standards in the World.

The secret is to use part of the oil revenue for social and economic development and the other part for investment and revenue generation through the Norwegian Oil Fund. The oil fund was founded in 1990, and formerly known as “The Petroleum Fund Norway” before it was named “The Government Pension Fund Global” in 2006. It is managed by Norges Bank Investment Management (NBIM), and subject to ethical guidelines laid down by the Petroleum Fund’s Advisory Council on Ethics. The aim of the fund was to ensure a sustainable use of the income from the petroleum sector.

The rationale for establishing the fund was that the return on financial assets was expected to be higher and less variable than the return on oil in the ground. The first payments into the fund were made in 1996, and from then on the fund has accumulated rapidly. In 2011, the fund was the world’s largest sovereign wealth fund overtaking the Abu Dhabi Investment Authority (ADIA). It has nearly NOK 3,100 billion (roughly USD 570 billion) in the fund today.  The fund was set up to give the government room for maneuvering in fiscal policy should oil prices drop or the mainland economy contract. It also served as a tool to manage the financial challenges of an ageing population and an expected drop in petroleum revenue. The fund was designed to be invested for the long term, but in a way that made it possible to draw on when required.

Looking beyond oil discovery to transparent and sound oil revenue management is the only way to ensure that oil discovery becomes a blessing and not a curse.  It can be done, what is required is political will and a people oriented approach as the Norwegian case reveals.

Election Date: Kenyans Should Support Institutions not Individual Politicians

The announcement of general election date by the Independent Election and Boundaries Commission (IEBC) has raised a lot of hue and cry from politicians. Those opposed to the date want to tell us that the IEBC is not independent. The Prime Minister Raila Odinga even attempted to trash the decision by the Court as illegal.  This is chilling as one recalls what happened after his insistence that the Courts were not independent in 2007/08 election conflict and therefore could not impartially arbitrate the dispute. This time round, Kenyans should support the decision made by the IEBC and the Courts and not what individual politicians guided by their political interests purport to say is the truth. Kenya can maintain peace only if the democratic institutions are given a chance to arbitrate legal issues politicians cannot agree upon.

The genesis of the current problem is the lack of agreement among the politicians on the date of the next general election. When the matter went to the courts, the constitutional court gave two scenarios. Firstly, it held that election can be within 60 days after the end of current parliament life 15 January 2013, and second, an earlier date upon agreement between the President and Prime Minister to dissolve the ruling coalition government. Immediately after the ruling the Prime Minister while he insinuated consultation could be held between him and the President publicly announced December 2012 as his preferred date. The President early this month came out publicly too and indicated that his preference is 2013 after the expiry of the life of the Parliament and in accordance with the ruling of the Constitutional Court.

Due to a lack of agreement between the two Principals, the dissolution of the coalition became moot. The intervention of the IEBC only gave operation to the decision of the Court. Reading malice and ill-motive in the actions of the IEBC is a recipe for chaos and politician should restrain themselves. The public too should not let political interests of politician lead the country into an emotional distrust of the country’s democratic institutions.

At the same time, this situation gives the electorate a golden opportunity to assess the leadership qualities of the politicians, especially, the aspiring presidential candidates. From their reactions to the issue at hand, one can clearly distinguish the level-headed rational and nationally out-looking ones from the wavering or 'watermelons' and the reckless firebrands who could ignite the country at any cost.  In the first category you find Musalia Mudavadi, Uhuru Kenyatta, Raphael Tuju, Mutava Musymi, George Saitoti, Eugene Wamalwa and Peter Kenneth. In the second category is the professional middle road man Kalonzo Musyoka and the last category Raila Odinga, William Ruto and Martha Karua.

ICC Confirmation Cases: Rumours and Perceptions but Little Evidence

I followed the two Kenya ICC confirmation cases at The Hague closely, and as the curtains drew at the close of the hearings and without the benefit of the confidential sessions of the Court, my final characterization of the prosecution case is Rumours and Perceptions but Little Evidence. This may sound harsh to the prosecution case and victims but bear with me as I demonstrate my reasoning.


Perhaps one aspect which was not clearly exposed by the defence in both cases is that Kenya is a rumour mongering and perceptions’ society. The society thrives on rumours and perceptions about rivals and opponents be they political, economic or ethnic. The problem manifests itself prominently on the political sphere. Having experienced brutal and violent colonial rule followed with dictatorship after independence, Kenyans are highly suspicious about government and official explanation of facts. Even without evidence, the public is inclined to believe unsubstantiated contrary allegations. The situation becomes dangerously contagious when institutions such as opposition parties, media, civil society and religious bodies uncritically repeat and reinforce the allegations. At the same time, personal and mass communication technologies aid the swift diffusion of the rumours. The rumours and perceptions created take a life of their own and become the unofficial truth.

The picture becomes complex because the avenues to access public information freely without being confronted by the "infamous" Secrecy Act are limited. The persons who try to explain the official position are the same people the public does not trust: public officers, police, and politicians. For example, few seem to believe what the spokesperson of the government Dr Alfred Mutua says. However, when an opposition political leader, civil society organisations, media, or other non-government institutions make unsubstantiated claims, people tend to believe them and not Mutua. 

During the pre- and post election many rumours and perceptions were manufactured, traded and spread without caring about their veracity. The most potent were that elections were to be rigged, the incumbent cannot win the election without rigging, it is 1 tribe against 41, the electoral commission was doctoring the presidential results, Ugandan soldiers were shooting and killing Kenyans in the Western province and Nyanza alongside Kenya police officers, the administration police force was being used to rig the elections in favour of Kibaki, the State House was used by Mungiki for meeting to plan retaliation, the police was partial and allowed mungiki to kill and displace ODM supporters in Naivasha and Nakuru, the judiciary cannot be trusted to be an impartial umpire in an election dispute, Mungiki were supplied with police uniform, guns and transported in military trucks to Naivasha and Nakuru, etc, etc.

Unfortunately all these strains of rumours and allegations found their way into the ICC in form of prosecution evidence . The prosecution did not attempt to verify trueness of these rumours and perceptions. For instance no statement was solicited from the suspects and no exculpatory evidence was collected and presented by the prosecution even where would be readily available. It was quite easy for the defence to punch holes in the prosecution evidence by carrying out independent investigations and presenting the exculpatory evidence to the court. This was the most embarrassing aspect of the prosecution case because they hardly countered defence assertion of lack of verification.

With the scarcity of evidence from the prosecution, the Court has no choice but to critically look at the evidence presented by the defence vis a vis the allegations by the prosecution. Fortunately, the government of Kenya, more so in the second case involving Muthaura, Kenyatta and Ali has pealed the veil of secrecy and tried to offer an insight of how the government operates as opposed to the theories offered by the prosecution.

The confirmation judges will choose either to believe the prosecution claims that they have better evidence than what they have not disclosed at this stage or be persuaded by the submissions of the defence teams that the prosecution have no substantial evidence as they did not carry out independent investigation in the matter apart from relying on rumours and perceptions as narrated by anonymous witnesses and gathered from secondary sources. It might be rather difficult this time round for the Judges to acquiescence to the prosecution evidence as presented in order to confirm the charges.

Whatever decision the Court arrives at, the suspects and victims and the Kenya society have had their day in court. Impunity has been exposed and the failure of the government to investigate and prosecute clearly manifested. But the worst would be the exposition of lack of due diligence in the prosecution investigations, if the charges are not confirmed.

Kenya Celebrates Second Mashujaa Day!

This year’s Mashujaa Day Celebrations started with the unveiling of a statue commemorating and honoring Tom Mboya. It took 42 years for Kenya to honor and celebrate their slain son as a hero. Mboya was felled by an assassin’s bullet in the streets of Nairobi as he came out of a chemist shop in 1969. He was killed when his star was rapidly rising in the political arena. He was tipped to be the likely successor to the first President Jomo Kenyatta.

Mboya's becomes the second of Kenyan Heros Statues, to immortalize the streets of Nairobi. The first was that of the Mau Mau hero Dedan Kimathi. As Kenyans celebrate this day today, they will remember tens of heroes and heroines whose heroic deeds have not been immortalized yet. Quite fresh in memory will be Professor Wangari Maathai who passed on last month.

This day, however, is not only dedicated to the known heroes and heroines. It is also a day to honor the many ordinary and unsung heroes and heroines of our country who dedicate their lives to the service for their fellow Kenyans. One such heroine is Ms Ann Mwangi, featured in today's Daily Nation, who rescued a baby girl that had been abandoned in a dumpsite and has given her a new lease of life and motherly love. Mwangi runs her own Children’s home that now cares for 17 children.

Also today, we should especially remember the men and women of our military who are engaged in the service of protecting our borders against terrorist acts by the al Shabaab. The success of their mission depends on our unequivocal support at this critical moment. Before sending the military to fight the al Shabaab terrorist group, Kenyan borders and sovereignty was violated time and again by insurgent groups from neighboring countries. This action, regrettable as it is, should be a reminder to our neighbors that peace demands dual respect of territorial integrity of your neighboring countries. This is not a war against the Somalia people who cherishes peace and have been supported by Kenyans for many years as they fled their country but it is against the evil groups that have made their country ungovernable.

Wangari Maathai - Your Legacy Lives On!

Conglatulating Wangari during award of Sophie Price Oslo Norway

Professor Wangari Maathai though gone she lived a life full of achievements and controversy and will be remember for decades to come. She dominated the Kenyan political arena like no other woman has ever done. She also scored many firsts in her life: The first woman to attain a Doctorate degree in Kenya if not East Africa; The first Woman with the title Professor in Kenya; The first woman to be awarded the Nobel Peace Price in Africa; only to mention the most prominent achievements.

In controversy she was as elegant as in her achievements. She shook the political scene when she opposed the building of the tallest building in Nairobi Uhuru Park by the KANU government of Former President Moi. No amount of insults and harassment by the government could deter her. Through her campaigns, she drew massive support locally and internationally that finally compelled the government to relent and abandon the project.

Celebrating Sophie Price Award Oslo Noway

Wangari Maathai did not shy from controversy especially when she believed in the goodness of the cause. In 1992, she joined and supported the Mothers of political prisoners who had camped in the Uhuru Park Freedom Corner when other prominent women in Kenya could not dare. For this and her numerous political, social and economic struggles makes her the Heroine of the Second Liberation in Kenya.

Wangari Maathai, however, will be remembered most for her love and struggle for the environment. Her Green Belt Movement and tree planting campaign will live forever.

The greatest tribute we can bestow Wangari Maathai is whenever you see a tree, remember Wangari. At the same time, whenever we  plant a tree in her honor we will perpetuate her legacy.