The Senate's decision to send Governor Martin Wambora home on charges of abuse of office is sweet news to those inside and outside Kenya who have been fighting for transparency and accountability in the conduct of public affairs. He is the first on a long list of top County officials on the radar of the Upper House over matters of gross misconduct. Not less than nine others are lined up for investigations by the Senate, according to latest reports.
The struggle to instill fiscal discipline in government has been going on relentlessly, albeit unsuccessfully, for the past 50 years.
The founding father, Jomo Kenyatta, did nothing to stop avaricious characters from plundering the public. For 15 years, he presided over a regime that condoned land grabbing and encouraged rapacious appetite for greed among officials. Other than Minister Paul Ngei whom he suspended and quickly reinstated through a hurried change of the Constitution for involvement in a maize scandal in 1966, not a single senior official was ever censured for abuse of office during Jomo's term.
Similarly in the 24 years that President Daniel Arap Moi ruled, there was a catastrophic mismanagement of resources. The biggest financial scandals happened during his rule and impunity took root. Corruption gnawed the nation with absolute viciousness leading to an almost collapse of the economy.
While President Mwai Kibaki talked loudest against corruption, a conceited cabal of officials in his government went on a looting rampage. By the time he was being sworn-in for the second term, his government had bottled out of the corruption war.
Thus, for President Uhuru Kenyatta recently to issue a stern warning against corrupt officials - including some in his own office - is testimony enough that the vice is far from being tamed. I hope the President will go beyond rhetoric and take concrete action to slay the dragon once and for all. The Standard Gauge Railway and the Laptop projects have already put a bloat on the Jubilee Government's commitment to fighting corruption.
However, the impeachment of Governor Wambora provides a flicker of hope that something positive is on the way. We have also seen in recent weeks top parastatal officials being hauled to court, and soon a governor of another kind, could be in the dock.
By voting overwhelmingly in a bipartisan manner to punish Wambora, the Senate sent a strong message to the other 46 County Governors that it is not business as usual and that no one is above the law. But the most important message the Senate has sent to the country - particularly to those who only recently called for its abolition - is that it is not a toothless bulldog; that it has sharp teeth that can bite even those at the highest level of County Governments.
The grumbling we are hearing from the Chairman of the Governors' Council and his defence of Wambora sound like kicks of a dying horse. Take it from me, the court action the Council is taking is not about protecting devolution but everything about preserving personal interests.
The responsibility of oversight should not be left to the Senate alone, however. The people have a duty too, and that is why I commend the Embu County Representatives (MCAs) for blowing the first whistle over faulty procurement procedures.
It is now the turn of MCAs in other Counties where cases of financial recklessness have been reported. I have in mind the case of Kilifi where 140 million shillings was spent to purchase a house for the Governor in a County currently facing acute levels of famine and hunger.
Kilifi has one of the highest poverty rates in the country, one of the highest illiteracy rates, one of the highest pregnancy rates among under-aged children, one of the highest child mortality deaths; the list goes on and on. Yet, the County Government there had the temerity to engage in fiscal extravagance by purchasing what must be the most expensive dwelling in the whole of the coastal strip.
Kilifi is not alone.
The manner in which Governors are authorising overseas trips for themselves and their officials has reached an extent where complaints are pouring in from foreign nations about incidences of misconduct by visiting Kenyans. Their nocturnal visits to brothels, misbehavior in bars and clubs and general acts of debauchery are irritating our friends abroad and embarrassing the Jubilee Government. Since such visits are made without the knowledge of host countries, there have also been complications in terms of hospitality and security provisions.
The Central Government is unhappy about the extravagance at the County level, where substantial amounts are being spent on allowances and grandiose personal projects than on development. The Anti-Corruption Commission has already announced that all the 47 County Governments are under probe.
It is my view that implicated officials should not just be suspended or impeached but surcharged to recover illegally obtained public funds. Where evidence is conclusive, they should also be prosecuted.
And that is my say.
Sunday, February 16, 2014
Sunday, February 9, 2014
TIME HAS COME FOR LSK TO DEAL HARSHLY WITH CROOKED LAWYERS
Now that the Law Society of Kenya has completed its bitterly contested elections and new officials are in office, time has come to focus on one issue lawyers loathe to talk about - misconduct in their profession.
Like all other sectors in Kenya - a country considered to be at the top layer of the most corrupt nations in the world - the legal fraternity has had its share of ignominy. Learned friends have been caught stealing clients' money; engaging in fraudulent activities; and even practicing illegally with suspended or expired certificates.
Every year, thousands of complaints pour into the offices of the Advocates Complaints' Committee from angry clients complaining about misbehaving advocates. Two years ago, LSK announced 44 lawyers had been struck off the Advocates' roll for professional misconduct - embezzling money and going against the professional code of ethics; and 28 others had been suspended pending investigations.
In the past year, the LSK disciplined not less that five lawyers for filing election petitions without valid practising certificates. Because of the recklessness of those lawyers, a number of election petitioners lost their cases, thus dashing their political aspirations.
Even some of those appointed to the Bench as Magistrates and High Court judges have been netted. In the vetting exercise by the Judges and Magistrates Vetting Board, a number of them have been sacked or retired after failing the ethics test.
These bad apples have, and continue to tarnish the reputation and good name of the legal profession.
A day before the LSK polls, P.L.O. Lumumba - one of the most respected legal minds in the country and a former anti-corruption guru - sent a letter to the LSK drawing its attention to cases of bribery by candidates seeking office. Lumumba said he had received materials under the guise of Christmas and New Year greetings and an SMS inviting him to a "sumptuous lunch."
Lumumba said they had engaged in bribery to influence the membership to vote for them. He wanted the culprits barred, but a senior LSK official dismissed reports of free lunches, travel perks and cash hand-outs as nothing but "rumours."
The only other voice I heard making similar complaints was of lawyer George Kegoro. I wondered where the usual anti-corruption critics and non-governmental organisation mandarins were. Where were they when all this was happening? Why didn't they come out to support Lumumba in what were truly genuine concerns
I have always thought corruption was corruption regardless of who perpetrated it. The same force applied against corrupt government officials must be brought to bear on deviant lawyers.
That is why I have nothing but praise for Lumumba and Kegoro for being candid and bold We need fearless people like them to get things corrected. The new LSK officials should not bury their heads in the sand on a matter as important as this. The youthful leadership must be courageous enough to deal more harshly with crooked lawyers.
Chairman Eric Mutua - the 46th in the history of the legal body that started with Humphrey Slade in 1949 - must find a way of nailing down such people. Having a Code of Conduct is one thing. Effectively implementing it is another.
My view is that Mutua can only guarantee his legacy in the LSK if he can restore the fading image of the legal profession and bring back the glory of an organisation whose mandate is to "assist members of the legal profession, the government and the larger public in all matters pertaining to the administration of justice in Kenya."
The LSK membership of 7,000 must help him achieve that goal.
And that is my say.
Like all other sectors in Kenya - a country considered to be at the top layer of the most corrupt nations in the world - the legal fraternity has had its share of ignominy. Learned friends have been caught stealing clients' money; engaging in fraudulent activities; and even practicing illegally with suspended or expired certificates.
Every year, thousands of complaints pour into the offices of the Advocates Complaints' Committee from angry clients complaining about misbehaving advocates. Two years ago, LSK announced 44 lawyers had been struck off the Advocates' roll for professional misconduct - embezzling money and going against the professional code of ethics; and 28 others had been suspended pending investigations.
In the past year, the LSK disciplined not less that five lawyers for filing election petitions without valid practising certificates. Because of the recklessness of those lawyers, a number of election petitioners lost their cases, thus dashing their political aspirations.
Even some of those appointed to the Bench as Magistrates and High Court judges have been netted. In the vetting exercise by the Judges and Magistrates Vetting Board, a number of them have been sacked or retired after failing the ethics test.
These bad apples have, and continue to tarnish the reputation and good name of the legal profession.
A day before the LSK polls, P.L.O. Lumumba - one of the most respected legal minds in the country and a former anti-corruption guru - sent a letter to the LSK drawing its attention to cases of bribery by candidates seeking office. Lumumba said he had received materials under the guise of Christmas and New Year greetings and an SMS inviting him to a "sumptuous lunch."
Lumumba said they had engaged in bribery to influence the membership to vote for them. He wanted the culprits barred, but a senior LSK official dismissed reports of free lunches, travel perks and cash hand-outs as nothing but "rumours."
The only other voice I heard making similar complaints was of lawyer George Kegoro. I wondered where the usual anti-corruption critics and non-governmental organisation mandarins were. Where were they when all this was happening? Why didn't they come out to support Lumumba in what were truly genuine concerns
I have always thought corruption was corruption regardless of who perpetrated it. The same force applied against corrupt government officials must be brought to bear on deviant lawyers.
That is why I have nothing but praise for Lumumba and Kegoro for being candid and bold We need fearless people like them to get things corrected. The new LSK officials should not bury their heads in the sand on a matter as important as this. The youthful leadership must be courageous enough to deal more harshly with crooked lawyers.
Chairman Eric Mutua - the 46th in the history of the legal body that started with Humphrey Slade in 1949 - must find a way of nailing down such people. Having a Code of Conduct is one thing. Effectively implementing it is another.
My view is that Mutua can only guarantee his legacy in the LSK if he can restore the fading image of the legal profession and bring back the glory of an organisation whose mandate is to "assist members of the legal profession, the government and the larger public in all matters pertaining to the administration of justice in Kenya."
The LSK membership of 7,000 must help him achieve that goal.
And that is my say.
Sunday, February 2, 2014
GOVERNOR WAMBORA'S PROPOSED IMPEACHMENT A CONSTITUTIONAL TEST
The Kenya constitution will this week face its first major test when the Senate sits to decide on whether or not to approve the impeachment of Embu Governor Martin Wambora.
The impeachment motion came with serious allegations from the Embu county assembly relating to procurement processes involving the upgrading of the Embu stadium. While details are sketchy about the inner details, the allegations must be serious enough to have pushed the assembly to censure Wambora and his deputy, Dorothy Nditi.
Kenyans will be watching closely to see how the Senate conducts itself because it will mark the first time that impeachment proceedings have been preferred against a sitting county executive since the coming of the devolved system of government last year. Whatever happens in the Senate will have far reaching constitutional implications. We will know as Kenyans whether or not our legislators are serious about implementing that part of the constitution fairly and justly. It will also be precedent setting. Whether it approves to impeach or not, the fact that the matter has reached the floor of the Senate sends a strong message to governors that there are limits in their actions.
What worries me, however, is the manner in which some governors have reacted to Wambora's tribulations. The chairman of the governor's council, Isaac Ruto, and others were swift in condemning members of the Embu county assembly and in declaring Wambora's innocence even before Senate investigations had begun.
The task of approving impeachments in the devolved system under the constitution rests with the Senate. This week, the Senate will meet in a special session to form a committee of inquiry to look into the charges against the two. It is only after it completes its inquiry and releases its report that Kenyans will know whether or not the allegations are true. For some governors to allude that "there is a hidden hand" in the decision of the Embu county assembly is ridiculous unless they can deduce evidence to that effect.
Even more ridiculous was the quote attributed to the Makueni governor, Kivutha Kibwana: "We will not be docile. We will protect one of us."
Protect, even where there is guilt? This is called impunity, the dragon we are trying to tame. I hope Wambora, a colleague in the 9th Parliament, will be exonerated. If not, he has to face the consequences.
Time of protecting 'one of our own' are gone. We all have a moral duty to defend the constitution, protect the innocent and punish the offenders. I hope Wambora will be given ample time to defend himself. He has already rubbished the allegations via the media, but I would want to see him appear before the committee and explain to Kenyans what actually happened.
Governors know Wambora's impeachment would open a Pandora's box for more actions against other governors, many of whom are known to be engaging in unsavoury activities including extravagant use of public money.
One popular Kiswahili saying is pertinent here: if you see your neighbour's head being shaved, get yours ready.
Our governors must know they are not above the law. They may be flying the national flag; they may have emblazoned everything in their possession with "the Governor of...."; they may deploy hefty security details for themselves, but when it comes to the law they are not any different from any one of us.
No one envisaged that by establishing the devolved system of government we were creating small gods. The conduct of some of them is nauseating. There have been reports of debauchery and boorish behaviour amongst county executives.
All the campaign rhetoric about the devolved government bringing services closer to the people is turning out to be a nightmare for the majority of Kenyans. Apart from one or two counties, many of the jurisdictions are exhibiting suicidal tendencies due to a combination of poor leadership, runaway hubris and abuse of office.
Almost a year into the county system, people are still dying of hunger, unemployment is at a record high, many secondary school students are still at home because of lack of school fees etc etc, while county officials embark on overseas junkets, building posh mansions for themselves and wasting time in unproductive seminars. To cover their tracks, they have been legislating meaningless taxes, adding a further burden to wananchi.
It is about time governors come down to earth and do what they were elected to do.
And that is my say.
The impeachment motion came with serious allegations from the Embu county assembly relating to procurement processes involving the upgrading of the Embu stadium. While details are sketchy about the inner details, the allegations must be serious enough to have pushed the assembly to censure Wambora and his deputy, Dorothy Nditi.
Kenyans will be watching closely to see how the Senate conducts itself because it will mark the first time that impeachment proceedings have been preferred against a sitting county executive since the coming of the devolved system of government last year. Whatever happens in the Senate will have far reaching constitutional implications. We will know as Kenyans whether or not our legislators are serious about implementing that part of the constitution fairly and justly. It will also be precedent setting. Whether it approves to impeach or not, the fact that the matter has reached the floor of the Senate sends a strong message to governors that there are limits in their actions.
What worries me, however, is the manner in which some governors have reacted to Wambora's tribulations. The chairman of the governor's council, Isaac Ruto, and others were swift in condemning members of the Embu county assembly and in declaring Wambora's innocence even before Senate investigations had begun.
The task of approving impeachments in the devolved system under the constitution rests with the Senate. This week, the Senate will meet in a special session to form a committee of inquiry to look into the charges against the two. It is only after it completes its inquiry and releases its report that Kenyans will know whether or not the allegations are true. For some governors to allude that "there is a hidden hand" in the decision of the Embu county assembly is ridiculous unless they can deduce evidence to that effect.
Even more ridiculous was the quote attributed to the Makueni governor, Kivutha Kibwana: "We will not be docile. We will protect one of us."
Protect, even where there is guilt? This is called impunity, the dragon we are trying to tame. I hope Wambora, a colleague in the 9th Parliament, will be exonerated. If not, he has to face the consequences.
Time of protecting 'one of our own' are gone. We all have a moral duty to defend the constitution, protect the innocent and punish the offenders. I hope Wambora will be given ample time to defend himself. He has already rubbished the allegations via the media, but I would want to see him appear before the committee and explain to Kenyans what actually happened.
Governors know Wambora's impeachment would open a Pandora's box for more actions against other governors, many of whom are known to be engaging in unsavoury activities including extravagant use of public money.
One popular Kiswahili saying is pertinent here: if you see your neighbour's head being shaved, get yours ready.
Our governors must know they are not above the law. They may be flying the national flag; they may have emblazoned everything in their possession with "the Governor of...."; they may deploy hefty security details for themselves, but when it comes to the law they are not any different from any one of us.
No one envisaged that by establishing the devolved system of government we were creating small gods. The conduct of some of them is nauseating. There have been reports of debauchery and boorish behaviour amongst county executives.
All the campaign rhetoric about the devolved government bringing services closer to the people is turning out to be a nightmare for the majority of Kenyans. Apart from one or two counties, many of the jurisdictions are exhibiting suicidal tendencies due to a combination of poor leadership, runaway hubris and abuse of office.
Almost a year into the county system, people are still dying of hunger, unemployment is at a record high, many secondary school students are still at home because of lack of school fees etc etc, while county officials embark on overseas junkets, building posh mansions for themselves and wasting time in unproductive seminars. To cover their tracks, they have been legislating meaningless taxes, adding a further burden to wananchi.
It is about time governors come down to earth and do what they were elected to do.
And that is my say.
Sunday, January 26, 2014
ODM RAISING POLITICAL TEMPERATURE PREMATURELY
Only nine months after the last general elections in March 2013, campaigns for the next polls in 2017 have seemingly begun, overshadowing the development agenda and shaking Kenya's political stability.
This is not entirely unusual in Kenya. A common joke is, in Kenya politics don't go on vacation. Kenyans play politics from morning to evening, from the beginning to the end of the year, from one election to the other.
This time around, however, the political mood stands poisoned by lingering grudges and unending claims by the opposition CORD (the Coalition for Reforms and Development), that Raila Odinga was robbed of the last elections and that certain arms of government including the military, the judiciary and the electoral body, abetted his defeat. This lie has been doing the rounds since the elections and continues to be peddled in public meetings, funerals and even at parleys with foreign visitors.
Hitler's propaganda chief, Joseph Goebbels, once said that if you tell a lie big enough and keep repeating it, people will eventually believe it to be the truth. This is what is happening in Kenya. This lie has been repeated so many times that even those in CORD who had doubts now believe the 2013 presidential elections were stolen. This situation is polarising the population and distracting the government from its agenda. Some Kenyans think the opposition is deliberately sabotaging the State through careless statements and surreptitious blackmail.
But the political temperatures are also on the rise as a result of the tumult in ODM, the Orange Democratic Movement, over the forthcoming party national elections. The succession battles for the party leadership has kicked off aggressive, no-holds barred jostling for positions, and exposed the ODM as a tribal organisation not a national party.
Some senior officials in ODM believe - and they have said this openly - that some crucial positions, including that of secretary general, should be reserved for Nyanza - Raila's home turf - arguing that surrendering them to "outsiders" would weaken the party. What this means is that Nyanza is either unwilling or is not ready to be led by leaders from outside the region.
Surprisingly, with all the talk in ODM of generational change, not a single "youthful" leader has come out to oppose the 69-year old Raila Odinga for the party leadership. Those, like James Orengo, Dalmas Otieno and Evens Kidero, who are a "little younger" than Raila are being fought left, right and centre by elements interested in preserving the fast fading Odinga dynasty. These are the same elements who are trying to coax Raila's rather disinterested son Fidel into joining politics.
And then, there are the problems in CORD of which ODM is a principal partner. Raila's closest allies are not amused that Kalonzo Musyoka of the Wiper Democratic Party and Moses Wetangula of Ford Kenya, who are part of CORD and much younger than Raila, want to challenge him for the presidency in 2017.
Supporters have already told Kalonzo and Wetangula not to cede ground to Raila. In the 2007 elections, Kalonzo failed to win the presidency and agreed instead to serve as number two to Mwai Kibaki. In 2013, he joined Raila as his deputy and both flopped. This time around his Kamba people have threatened to abandon him if he agrees to play second fiddle.
As for Wetangula, running for the presidency is the only way to rekindle his national image which, though boosted by his recent overwhelming win in the Bungoma Senatorial by-election, faces hurdles in his wider Luhialand home ground. In the meantime, he is telling his fragmented community to "come together" and to register as voters in large numbers in apparent preparation for his bid.
With the two vowing to proceed all the way, it is difficult to see how Raila will have a smooth ride four years from now. I am inclined to believe Kalonzo and Wetangula will decamp from the coalition at some stage and launch their own presidential campaigns. Left alone and depending almost exclusively on Nyanza votes, Raila will have no chance. The party has already lost in its top hierarchy some of its most dependable officials including the former chairman, Henry Kosgey and the former secretary general, Anyang Nyong'o, who have opted out.
I therefore believe Raila has tough times ahead partly because support even in his estwhile strongholds of Coast, Western and North-Eastern regions, is evaporating like steam from a boiling pot. Without numbers coming out of these areas, the chances of the former Prime Minister toppling Uhuru - assuming the President continues to maintain support of the Rift Valley - amount to zero.
But first things first. To get anywhere, Raila must first navigate through the mud of next month's National Delegates Conference. If his favoured candidate for the secretary general position, Dr. Agnes Zani prevails; if his chief trouble-shooter Otieno Kajwang wins the vice chairmanship; if money-man Ali Hassan Joho captures the deputy leader's position; and, on the other hand, if Evans Kidero and his group are vanquished, then Raila's road to 2017 will be much easier.
In the meantime, the political temperature continues to rise. It's time that we deflate it to allow us concentrate in nation building.
And that is my say.
This is not entirely unusual in Kenya. A common joke is, in Kenya politics don't go on vacation. Kenyans play politics from morning to evening, from the beginning to the end of the year, from one election to the other.
This time around, however, the political mood stands poisoned by lingering grudges and unending claims by the opposition CORD (the Coalition for Reforms and Development), that Raila Odinga was robbed of the last elections and that certain arms of government including the military, the judiciary and the electoral body, abetted his defeat. This lie has been doing the rounds since the elections and continues to be peddled in public meetings, funerals and even at parleys with foreign visitors.
Hitler's propaganda chief, Joseph Goebbels, once said that if you tell a lie big enough and keep repeating it, people will eventually believe it to be the truth. This is what is happening in Kenya. This lie has been repeated so many times that even those in CORD who had doubts now believe the 2013 presidential elections were stolen. This situation is polarising the population and distracting the government from its agenda. Some Kenyans think the opposition is deliberately sabotaging the State through careless statements and surreptitious blackmail.
But the political temperatures are also on the rise as a result of the tumult in ODM, the Orange Democratic Movement, over the forthcoming party national elections. The succession battles for the party leadership has kicked off aggressive, no-holds barred jostling for positions, and exposed the ODM as a tribal organisation not a national party.
Some senior officials in ODM believe - and they have said this openly - that some crucial positions, including that of secretary general, should be reserved for Nyanza - Raila's home turf - arguing that surrendering them to "outsiders" would weaken the party. What this means is that Nyanza is either unwilling or is not ready to be led by leaders from outside the region.
Surprisingly, with all the talk in ODM of generational change, not a single "youthful" leader has come out to oppose the 69-year old Raila Odinga for the party leadership. Those, like James Orengo, Dalmas Otieno and Evens Kidero, who are a "little younger" than Raila are being fought left, right and centre by elements interested in preserving the fast fading Odinga dynasty. These are the same elements who are trying to coax Raila's rather disinterested son Fidel into joining politics.
And then, there are the problems in CORD of which ODM is a principal partner. Raila's closest allies are not amused that Kalonzo Musyoka of the Wiper Democratic Party and Moses Wetangula of Ford Kenya, who are part of CORD and much younger than Raila, want to challenge him for the presidency in 2017.
Supporters have already told Kalonzo and Wetangula not to cede ground to Raila. In the 2007 elections, Kalonzo failed to win the presidency and agreed instead to serve as number two to Mwai Kibaki. In 2013, he joined Raila as his deputy and both flopped. This time around his Kamba people have threatened to abandon him if he agrees to play second fiddle.
As for Wetangula, running for the presidency is the only way to rekindle his national image which, though boosted by his recent overwhelming win in the Bungoma Senatorial by-election, faces hurdles in his wider Luhialand home ground. In the meantime, he is telling his fragmented community to "come together" and to register as voters in large numbers in apparent preparation for his bid.
With the two vowing to proceed all the way, it is difficult to see how Raila will have a smooth ride four years from now. I am inclined to believe Kalonzo and Wetangula will decamp from the coalition at some stage and launch their own presidential campaigns. Left alone and depending almost exclusively on Nyanza votes, Raila will have no chance. The party has already lost in its top hierarchy some of its most dependable officials including the former chairman, Henry Kosgey and the former secretary general, Anyang Nyong'o, who have opted out.
I therefore believe Raila has tough times ahead partly because support even in his estwhile strongholds of Coast, Western and North-Eastern regions, is evaporating like steam from a boiling pot. Without numbers coming out of these areas, the chances of the former Prime Minister toppling Uhuru - assuming the President continues to maintain support of the Rift Valley - amount to zero.
But first things first. To get anywhere, Raila must first navigate through the mud of next month's National Delegates Conference. If his favoured candidate for the secretary general position, Dr. Agnes Zani prevails; if his chief trouble-shooter Otieno Kajwang wins the vice chairmanship; if money-man Ali Hassan Joho captures the deputy leader's position; and, on the other hand, if Evans Kidero and his group are vanquished, then Raila's road to 2017 will be much easier.
In the meantime, the political temperature continues to rise. It's time that we deflate it to allow us concentrate in nation building.
And that is my say.
Sunday, January 19, 2014
KENYA COAST LEADERS: STOP DREAMING ABOUT "OUR PARTY"
Every so often, for as long as I can remember, a section of Kenya Coast leaders wakes up to announce plans for a Coast-based political party they believe might articulate more vigorously - and perhaps more exclusively - the aspirations and hopes of Coastarians.
I was one of such leader. There was a time when I believed in a Coast-managed political party. That is why, when I hear, as I am hearing now, that some Coast legislators want to form their own party away from the main organisations, I understand though I no longer hold that view. What I don't understand is why as Coast leaders we refuse to learn from past failures.
If there is a region which has had more political parties than any other since independence, it is the Coast. As proof just look at this long list of political organisations that have existed since the end of single party rule at the end of 1991 (not in any particular order):-
1. The Islamic Party of Kenya
2. Chama cha Majimbo na Mwangaza
3. Shirikisho Party of Kenya
4. Republican Congress
5. Uzalendo Party of Kenya
6. National Labour Party of Kenya
7. Kenya National Congress
8. Federal Party of Kenya
7. Kadu-Asili
(Political Pressure Groups)
1.Coast Leaders' Forum
2.Coast Peoples' Forum, and several others.
So, the issue is not whether Coast should have a political party. We already have several. The issue is why all these parties have failed to resonate with the people, and have either collapsed or are limping to their death.
Unlike the other regions in the country, Coast is not a homogeneous entity. It harbours many tribes that speak diverse languages and adhere to disparate cultures and norms. The Mijikenda may be the biggest unit but within it are nine distinct tribes whose languages and cultures have some variations, minuscule as they may be. Then we have theTaita and Taveta, Pokomo, Orma, Bajuni, Waswahili, the Arabs and several others.
To bring all these people together one needs more than a flimsy declaration or a hasty political decision. We have had similar declarations before but they have yielded nothing that can be said to be close to a regional party.
Before independence, the Coast had several satellite parties such as the Mombasa African Democratic Party (MADU), Kwale African Democratic Party (Kwadu), Kilifi African Peoples Union (KAPU) and similar others in Pokomoland and Taita/Taveta. They flourished and made immense contributions to our independence struggle.
When Ronald Ngala, Daniel Arap Moi and others formed the Kenya African Democratic Union (KADU) in 1963, it became easy to bring all those entities on board because there was a common thread of understanding of what unity was all about.
With the disbandment of KADU in 1964 came a scramble for positions in KANU's government that caused divisions within the Coastal leadership ranks. Those divisions have not been mended. The formation of the Coast Parliamentary Group in the 1980s intended to bring elected leaders closer failed to work because of petty jealousies and power struggles. Even today the CPG is a divided house. If elected leaders cannot sit down for a meaningful discussion, how can we expect people in all corners of the region to coalesce around one organisation?
That is why I now believe it was wishful thinking on my part to think forming Shirikisho with others in 1997 would unite Coastarians. It was also wishful thinking when I came up with the idea of the Coast Leaders' Forum in 2005. With this history behind me, I have every reason to predict that the efforts now in the works will bear no fruit and are therefore a waste of time.
Forming and maintaining a political party is not a walk in the park. They require huge amounts of money (which Coastarians do not have) and a great deal of sacrifice (which Coastarians lack). A short-cut will be to get a tycoon to bank-roll such an organisation. Whether that tycoon is an Italian investor who wants protection, an Arab businessman with a secret agenda, or a major political party angling for votes, the fact is that something will have to give. We have seen leaders and parties being pocketed by interested parties before. When that happens the party loses goodwill and it collapses.
There is another underlying malaise which must be sorted out for coastal unity to emerge. And this is a subject we Coastarians do not wish to discuss. It has to do with ethnic and even racial bias. Why, for example, do we think it is only a Mijikenda (and not a Taita or a Pokomo) who can lead the Coast? When we talk of anointing a Coastal leader we think of a Mijikenda. There has never been a "mgogo" from any other community other than Mijikenda. Don't the others have leaders who can lead?
No wonder Sharif Nassir - with all his influence during the Moi era - never made it as a Coastal leader the way Ngala and Karisa Maitha did; and that is why Najib Balala and his Republican Party will go nowhere as long as he is the leader, all because of their Arab background. When Balala was made a Mijikenda elder a few years ago he was denounced and the ceremony cursed yet the same honour had been given earlier to a foreigner.
This tells me that we Coastarians must clean our own house first before talking about Coastal unity. The tendency of ethnic and racial bias, of jealousy, of intolerance and of selfishness must end. Once we establish that equilibrium, Coastal unity will thrive.
In the meantime, our elected leaders must concentrate on delivering promises they made to the electorate.
A year is almost gone. I am yet to hear from our leaders a collective effort in Parliament on issues that most concern our people. The silence from Coast leaders on the floor of Parliament is deafening.
We can have the biggest political party in the country, but if our people go to sleep hungry, if they cannot send their children to school, if they cannot access affordable health care, if they cannot get jobs, then it's all useless. Each one of us has a contribution to make. As an elected leader, I made mine. Now, it's your turn.
Instead of making noises in barazas, you must do what you were elected to do; stand up in Parliament and argue the peoples' case.
And that is my say.
I was one of such leader. There was a time when I believed in a Coast-managed political party. That is why, when I hear, as I am hearing now, that some Coast legislators want to form their own party away from the main organisations, I understand though I no longer hold that view. What I don't understand is why as Coast leaders we refuse to learn from past failures.
If there is a region which has had more political parties than any other since independence, it is the Coast. As proof just look at this long list of political organisations that have existed since the end of single party rule at the end of 1991 (not in any particular order):-
1. The Islamic Party of Kenya
2. Chama cha Majimbo na Mwangaza
3. Shirikisho Party of Kenya
4. Republican Congress
5. Uzalendo Party of Kenya
6. National Labour Party of Kenya
7. Kenya National Congress
8. Federal Party of Kenya
7. Kadu-Asili
(Political Pressure Groups)
1.Coast Leaders' Forum
2.Coast Peoples' Forum, and several others.
So, the issue is not whether Coast should have a political party. We already have several. The issue is why all these parties have failed to resonate with the people, and have either collapsed or are limping to their death.
Unlike the other regions in the country, Coast is not a homogeneous entity. It harbours many tribes that speak diverse languages and adhere to disparate cultures and norms. The Mijikenda may be the biggest unit but within it are nine distinct tribes whose languages and cultures have some variations, minuscule as they may be. Then we have theTaita and Taveta, Pokomo, Orma, Bajuni, Waswahili, the Arabs and several others.
To bring all these people together one needs more than a flimsy declaration or a hasty political decision. We have had similar declarations before but they have yielded nothing that can be said to be close to a regional party.
Before independence, the Coast had several satellite parties such as the Mombasa African Democratic Party (MADU), Kwale African Democratic Party (Kwadu), Kilifi African Peoples Union (KAPU) and similar others in Pokomoland and Taita/Taveta. They flourished and made immense contributions to our independence struggle.
When Ronald Ngala, Daniel Arap Moi and others formed the Kenya African Democratic Union (KADU) in 1963, it became easy to bring all those entities on board because there was a common thread of understanding of what unity was all about.
With the disbandment of KADU in 1964 came a scramble for positions in KANU's government that caused divisions within the Coastal leadership ranks. Those divisions have not been mended. The formation of the Coast Parliamentary Group in the 1980s intended to bring elected leaders closer failed to work because of petty jealousies and power struggles. Even today the CPG is a divided house. If elected leaders cannot sit down for a meaningful discussion, how can we expect people in all corners of the region to coalesce around one organisation?
That is why I now believe it was wishful thinking on my part to think forming Shirikisho with others in 1997 would unite Coastarians. It was also wishful thinking when I came up with the idea of the Coast Leaders' Forum in 2005. With this history behind me, I have every reason to predict that the efforts now in the works will bear no fruit and are therefore a waste of time.
Forming and maintaining a political party is not a walk in the park. They require huge amounts of money (which Coastarians do not have) and a great deal of sacrifice (which Coastarians lack). A short-cut will be to get a tycoon to bank-roll such an organisation. Whether that tycoon is an Italian investor who wants protection, an Arab businessman with a secret agenda, or a major political party angling for votes, the fact is that something will have to give. We have seen leaders and parties being pocketed by interested parties before. When that happens the party loses goodwill and it collapses.
There is another underlying malaise which must be sorted out for coastal unity to emerge. And this is a subject we Coastarians do not wish to discuss. It has to do with ethnic and even racial bias. Why, for example, do we think it is only a Mijikenda (and not a Taita or a Pokomo) who can lead the Coast? When we talk of anointing a Coastal leader we think of a Mijikenda. There has never been a "mgogo" from any other community other than Mijikenda. Don't the others have leaders who can lead?
No wonder Sharif Nassir - with all his influence during the Moi era - never made it as a Coastal leader the way Ngala and Karisa Maitha did; and that is why Najib Balala and his Republican Party will go nowhere as long as he is the leader, all because of their Arab background. When Balala was made a Mijikenda elder a few years ago he was denounced and the ceremony cursed yet the same honour had been given earlier to a foreigner.
This tells me that we Coastarians must clean our own house first before talking about Coastal unity. The tendency of ethnic and racial bias, of jealousy, of intolerance and of selfishness must end. Once we establish that equilibrium, Coastal unity will thrive.
In the meantime, our elected leaders must concentrate on delivering promises they made to the electorate.
A year is almost gone. I am yet to hear from our leaders a collective effort in Parliament on issues that most concern our people. The silence from Coast leaders on the floor of Parliament is deafening.
We can have the biggest political party in the country, but if our people go to sleep hungry, if they cannot send their children to school, if they cannot access affordable health care, if they cannot get jobs, then it's all useless. Each one of us has a contribution to make. As an elected leader, I made mine. Now, it's your turn.
Instead of making noises in barazas, you must do what you were elected to do; stand up in Parliament and argue the peoples' case.
And that is my say.
Sunday, January 12, 2014
UHURU'S APPOINTMENTS, POLITICAL LOSERS AND GRAYING "WAZEES"
Reading newspapers nowadays, one would think there is a new tribe in Kenya on top of the 42 official ethnic groups.
During the past month or so, President Uhuru Kenyatta's appointments to parastatal boards have yielded a new tribe in Kenya called "losers." Currently, the six-letter word has become one of the most over-used item in the Kenyan political dictionary. Sample these headlines:-
1. President Uhuru Kenyatta gives poll losers, allies, lifeline. (the italics are mine)
2. Uhuru appoints election losers to head parastatals
3. Election losers make a comeback in appointments
4. Poll losers appointed by Uhuru to head boards.
5. Protests as Jubilee election losers and cronies picked.
6. New Year gift for poll losers.
7. More poll losers get State appointments, (and so on and so on).
(a)Who are these losers? (b)What did they lose? (c)Are they citizens of Kenya? (d) Do they pay taxes? (e) Are they qualified for the jobs offered to them? (f) Are they loyal to their country? (g) Are they criminals and shouldn't hold public offices? (h) Is President Kenyatta violating the constitution by appointing them?
If the answers to questions (c) to (g) are yes and (g) and (h) are no, then Chief Justice Mutunga would slam the gavel and shout: case dismissed!.
Now let us turn to (a) and (b). The so-called losers are full-blooded Kenyans who chose to try their luck in elections. Unluckily, they lost. But they are Kenyans; most likely, they are not criminals; and most likely they pay taxes regularly.
Now, apart from fighting losers, critics have also taken issue with graying old men who are given positions which, they say, should go to younger people. The appointment of former Civil Service boss, Francis Muthaura, as Chairman of the multi-trillion shilling Lamu Port South Sudan-Ethiopia Transport Corridor, Lapsset, has been the most controversial.
Such critics appear not to appreciate the level of knowledge, skills and expertise Muthaura brings to the project. He is undoubtedly the most qualified candidate for the job. He has had an exemplary stint in government. Moi depended on him; Kibaki cherished him. The fact that Uhuru Kenyatta is entrusting him with a project of such monumental importance to our economy says a lot about his professional and individual qualities.
It needs to be said that the Kenya Constitution bars all forms of discrimination. Singling out a part of our citizenry on the basis of age and political performance is as myopic as discriminating people on the basis of religion, gender, race and tribe.
Mwai Kibaki and Uhuru Kenyatta both lost elections, but they came back and we elected them. Raila Odinga, Kalonzo Musyoka, Martha Karua, Peter Kenneth, Abduba Dida, Paul Muite and Prof. Ole Kiyapi, should not be written off just because they have previously failed to win the presidency.
The bottom line is: we should let President appoint the people he thinks will help him govern effectively in accordance with the Constitution and in line with the objectives he has set for his government. This does not mean he should be blind to public opinion. We gave him the mandate to rule. We should not restrain him from executing this mandate by dictating to him who to hire and fire.
And that is my say.
During the past month or so, President Uhuru Kenyatta's appointments to parastatal boards have yielded a new tribe in Kenya called "losers." Currently, the six-letter word has become one of the most over-used item in the Kenyan political dictionary. Sample these headlines:-
1. President Uhuru Kenyatta gives poll losers, allies, lifeline. (the italics are mine)
2. Uhuru appoints election losers to head parastatals
3. Election losers make a comeback in appointments
4. Poll losers appointed by Uhuru to head boards.
5. Protests as Jubilee election losers and cronies picked.
6. New Year gift for poll losers.
7. More poll losers get State appointments, (and so on and so on).
(a)Who are these losers? (b)What did they lose? (c)Are they citizens of Kenya? (d) Do they pay taxes? (e) Are they qualified for the jobs offered to them? (f) Are they loyal to their country? (g) Are they criminals and shouldn't hold public offices? (h) Is President Kenyatta violating the constitution by appointing them?
If the answers to questions (c) to (g) are yes and (g) and (h) are no, then Chief Justice Mutunga would slam the gavel and shout: case dismissed!.
Now let us turn to (a) and (b). The so-called losers are full-blooded Kenyans who chose to try their luck in elections. Unluckily, they lost. But they are Kenyans; most likely, they are not criminals; and most likely they pay taxes regularly.
Now, apart from fighting losers, critics have also taken issue with graying old men who are given positions which, they say, should go to younger people. The appointment of former Civil Service boss, Francis Muthaura, as Chairman of the multi-trillion shilling Lamu Port South Sudan-Ethiopia Transport Corridor, Lapsset, has been the most controversial.
Such critics appear not to appreciate the level of knowledge, skills and expertise Muthaura brings to the project. He is undoubtedly the most qualified candidate for the job. He has had an exemplary stint in government. Moi depended on him; Kibaki cherished him. The fact that Uhuru Kenyatta is entrusting him with a project of such monumental importance to our economy says a lot about his professional and individual qualities.
It needs to be said that the Kenya Constitution bars all forms of discrimination. Singling out a part of our citizenry on the basis of age and political performance is as myopic as discriminating people on the basis of religion, gender, race and tribe.
Mwai Kibaki and Uhuru Kenyatta both lost elections, but they came back and we elected them. Raila Odinga, Kalonzo Musyoka, Martha Karua, Peter Kenneth, Abduba Dida, Paul Muite and Prof. Ole Kiyapi, should not be written off just because they have previously failed to win the presidency.
The bottom line is: we should let President appoint the people he thinks will help him govern effectively in accordance with the Constitution and in line with the objectives he has set for his government. This does not mean he should be blind to public opinion. We gave him the mandate to rule. We should not restrain him from executing this mandate by dictating to him who to hire and fire.
And that is my say.
Wednesday, January 8, 2014
ALLEGATIONS OF TOP-LEVEL CORRUPTION HURTING KENYA
There is a whiff of the 1990's in the air in Kenya today.
Twenty three years ago as the country entered into a multi-party system of government and was getting ready to implement IMF economic reforms, a major financial scandal broke out. Mandarins in the government had schemed up an arrangement in which a local company, Goldenberg International, was to be paid a 35 percent compensation for all gold it exported, even though Kenya did not produce gold. By the time it came to a halt in 1993, the scheme, now known as the Goldenberg scandal, had robbed Kenya of an estimated 60 billion shillings or a fifth of its gross domestic product.
In 1997, another mega scandal - the Anglo Leasing - exploded. What started as a project to acquire a passport printing system somersaulted into a big conspiracy involving some big wigs and a loss of billions of shillings through various illegal transactions.
Now, less than a year into the Jubilee government, two more scandals, seemingly of astronomical proportions have erupted, playing out at a time when the IMF Managing Director, Christine Lagarde, was visiting to discuss possible financial assistance to Kenya.
One of those scandals involves the standard gauge railway line from Mombasa to Malaba in Uganda. If the reports are true, this could turn out to be one big embarrassment for the Jubilee government. The project was initiated during President Mwai Kibaki's government, but it was after Uhuru visited China last August and signed on the dotted line, that the race to implement it began.
President Kenyatta inaugurated the project and everything was going on as planned until it came to light that the cost of its construction had jumped from 220 billion to 1.3 billion shilling. If implemented, critics say, Kenya stands to lose 400 billion shillings. Government officials have disputed the 1.3 billion figure insisting the cost of infrastructure and of trains and locomotives would only cost 327 billion shillings.
Now, the Ethics and Anti-Corruption Commission has jumped into the controversy with a commitment for a thorough investigation. Hopefully, the truth will eventually come out.
As the railway deal was brewing, another one, described by COTU Secretary General as the "scandal of the year' is in the kettle boiling. Francis Atwoli alleges that the Treasury could lose up to 5 billion shillings through inflated bills related to the construction of roads and a sewerage system at Tassia estate in Nairobi's Eastlands area. According to him, the cost of the project - again to be undertaken by a Chinese company - has been inflated by greedy individuals from 3.36 billion to 5.05 billion without the approval of the administering Board at the National Social Security Fund, NSSF.
The Labour Cabinet Secretary Kazungu Kambi has denied the allegations saying the whole amount was approved. The question is: who between the two is telling the truth? That question can only be answered through investigations.
The NSSF - a workers' retirement fund - has been at the centre of corruption scandals for years. Some pundits say it is at the top of the ten most corrupt State Corporations in the country. Only in June, the anti-corruption body reportedly froze its assets worth 15 billion shillings following revelations of imprudent investments.
What does all this mean to Kenya? It means we have allowed greed to infiltrate and take residence in our moral conscience. It proves once again that people go for high public positions not for the good of the country but for personal interests. It means we don't care about embarrassing ourselves to the rest of the country and the world. And more importantly, it means some of us do not love our country as much as we say.
On the railway deal, three Parliamentary Committees - the Public Accounts Committee, the Transport Committee and the Public Investment Committee - are jostling for an opportunity to investigate. Given past history, I am not convinced this work should be left to Parliament alone. Also, why jostle unless there is someting to "eat"? The Committees can jostle and fight for the stakes, but let us leave the job of investigations to the anti-corruption organisation.
And that is my say.
Twenty three years ago as the country entered into a multi-party system of government and was getting ready to implement IMF economic reforms, a major financial scandal broke out. Mandarins in the government had schemed up an arrangement in which a local company, Goldenberg International, was to be paid a 35 percent compensation for all gold it exported, even though Kenya did not produce gold. By the time it came to a halt in 1993, the scheme, now known as the Goldenberg scandal, had robbed Kenya of an estimated 60 billion shillings or a fifth of its gross domestic product.
In 1997, another mega scandal - the Anglo Leasing - exploded. What started as a project to acquire a passport printing system somersaulted into a big conspiracy involving some big wigs and a loss of billions of shillings through various illegal transactions.
Now, less than a year into the Jubilee government, two more scandals, seemingly of astronomical proportions have erupted, playing out at a time when the IMF Managing Director, Christine Lagarde, was visiting to discuss possible financial assistance to Kenya.
One of those scandals involves the standard gauge railway line from Mombasa to Malaba in Uganda. If the reports are true, this could turn out to be one big embarrassment for the Jubilee government. The project was initiated during President Mwai Kibaki's government, but it was after Uhuru visited China last August and signed on the dotted line, that the race to implement it began.
President Kenyatta inaugurated the project and everything was going on as planned until it came to light that the cost of its construction had jumped from 220 billion to 1.3 billion shilling. If implemented, critics say, Kenya stands to lose 400 billion shillings. Government officials have disputed the 1.3 billion figure insisting the cost of infrastructure and of trains and locomotives would only cost 327 billion shillings.
Now, the Ethics and Anti-Corruption Commission has jumped into the controversy with a commitment for a thorough investigation. Hopefully, the truth will eventually come out.
As the railway deal was brewing, another one, described by COTU Secretary General as the "scandal of the year' is in the kettle boiling. Francis Atwoli alleges that the Treasury could lose up to 5 billion shillings through inflated bills related to the construction of roads and a sewerage system at Tassia estate in Nairobi's Eastlands area. According to him, the cost of the project - again to be undertaken by a Chinese company - has been inflated by greedy individuals from 3.36 billion to 5.05 billion without the approval of the administering Board at the National Social Security Fund, NSSF.
The Labour Cabinet Secretary Kazungu Kambi has denied the allegations saying the whole amount was approved. The question is: who between the two is telling the truth? That question can only be answered through investigations.
The NSSF - a workers' retirement fund - has been at the centre of corruption scandals for years. Some pundits say it is at the top of the ten most corrupt State Corporations in the country. Only in June, the anti-corruption body reportedly froze its assets worth 15 billion shillings following revelations of imprudent investments.
What does all this mean to Kenya? It means we have allowed greed to infiltrate and take residence in our moral conscience. It proves once again that people go for high public positions not for the good of the country but for personal interests. It means we don't care about embarrassing ourselves to the rest of the country and the world. And more importantly, it means some of us do not love our country as much as we say.
On the railway deal, three Parliamentary Committees - the Public Accounts Committee, the Transport Committee and the Public Investment Committee - are jostling for an opportunity to investigate. Given past history, I am not convinced this work should be left to Parliament alone. Also, why jostle unless there is someting to "eat"? The Committees can jostle and fight for the stakes, but let us leave the job of investigations to the anti-corruption organisation.
And that is my say.
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