There has been a lot of "kicking around the bush" on the matter of terrorism in Kenya. Almost all of us - including the government - seem to have no clue on how to deal with this monstrous menace.
We only know of the terror group Al Shabaab and its affiliation to the global enemy, Al Queda. We know Al Shabaab was behind the Westgate attack in Nairobi last September in which 60 people were killed and many others injured. And we know it has attempted many - some successful, some not - attacks in several parts of our country mainly in the capital city and in the coastal resort of Mombasa.
But I doubt whether we know Al Shabaab's actual strength; who finances it; who its collaborators in Kenya are; where it gets its deadly arms; how it smuggles those arms into Kenya; and the extent of its present or future plans of destruction. If we did, we would not be groping in the dark as we are. We are left to rely on foreign security agents including America's FBI on matters of intelligence and technical support.
The terror groups know our weaknesses. They know of the many loopholes in our law enforcement systems; they know of rampant corruption in our public offices allowing illegals to acquire national documents and enter and exit freely through our borders; and they know that many of the weak spots including malls, stadiums and places of worships are poorly guarded.
How for example, could one explain the discovery of empty ammunition boxes at the basement of a major shopping mall in Nairobi recently? How did those boxes pass through the so-called security at the gate to the property? What happened to the ammunition?
The government has given us many assurances that Kenya is safe but those assurances have not sufficiently reassured Kenyans of their security. Visits to malls and to public places have become exceedingly agonising for shoppers given the Westgate memories. What was considered the safest sanctuary, the Church, has now become the target of evil characters. Unable to face our security forces, terrorists are turning to soft targets murdering innocent, unarmed people who cannot defend themselves. No wonder some Churches are asking for arms to defend their congregations.
The latest attack at Likoni is a good example of the cowardly minds of terrorists. Regardless of what anyone says, I feel strongly in my mind and heart that what happened at Likoni was not a common criminal act but a dastardly terror attack.
Time for kids' gloves is over. No government should sit back and tolerate the kind of killings now taking place. That is why I support the express elimination of such characters. However, sometimes I get the feeling that human rights groups are not sincere in their championing of justice. They cannot claim to condemn murders of innocent people while defending the rights of criminals.
That is number one.
Number two, Muslim leaders should not hide behind religion in their defence of criminals in groups such as Al Shabaab which is composed almost exclusively of Muslim adherents. Islam is a religion of peace. Consequently, all Muslims should come out strongly not only to condemn such heinous killings but to uproot anyone within their community who assists or encourages terrorist elements. I believe other than the Government, Muslim leaders bear the biggest responsibility in fighting terrorism within our borders.
Three, wananchi have a role to play. Criminals live amongst us. We know them because they are our children, our fathers, our relatives. We must flush them out from our neighbourhoods by assisting with information. By holding on to crucial security related information we become part of the problem.
For almost two years, the Kenya Defence Forces (KDF) has been engaging Al Shabaab in their hide-outs in Somalia. At the onset, it was thought the engagement would be short and easy. But it has proved timeless and tough. One dead Al Shabaab yields a dozen new recruits; at least this is how it seems.
What started as a ragtag militia inside troubled Somalia about two decades ago has now mutated into a major threat to regional peace in this part of Africa. Al Shabaab's steady growth from a few dozen jobless youths to a heavily armed terrorist organisation of several thousands is now Kenya's biggest internal threat.
Brainwashed into Jihadism with expectations for martyrdom, young people in their twenties chose to be ensnared in a life of murder and destruction, using every tool imaginable, from home-made devices to lethal, sophisticated bombs. Their method of killing is indiscriminate, brutal and almost animal-like. They kill children, women and the elderly, and when not caught saunter to other killing fields, the same way a mason moves from one construction site to another.
Kenyans mourn those who died at Likoni and pray for those now receiving treatment in hospitals. If there is one thing that illustrates the brutality of terrorists, it is the bullet lodged in baby Satrine Osinya's head.
And that is my say.
This is a public blog that expresses personal views and opinion of the Author. It touches on all issues, political, social and economic, and it is meant to inform and educate. You are invited to post your comments which I would personally respond to. Joe
Thursday, March 27, 2014
Wednesday, March 19, 2014
TIMING IS WRONG FOR KTN'S UPCOMING ELECTION EXPOSE`
A notice announcing an upcoming investigative expose` about events surrounding the 2013 elections is arousing unusual consternation within some quarters in the political establishment, stoking fears that the report could cause "a ripple in the pond" when most Kenyans had moved on a year after the controversial presidential polls.
Much of the heat is being spread by social media pundits who have raised speculation ranging from possible new evidence that hint at completely different election results from the ones announced, to suggestions that the expose` may be a cut-and-paste work from the 839-page evidence bundle submitted by Raila Odinga which the Supreme Court rejected.
Seven affidavits from the Orange Democratic Movement (ODM) which purportedly showed inconsistencies in the voting process were expunged from the Court records before they were heard.
The Kenya Television News station (KTN) has not said exactly when the report would be aired, but video snippets and a full page advertisement carried by its flagship publication, The Standard, ask one curious question: "What really happened at the BALLOT?"
This question sounds superfluous since Kenyans know what happened on that historic March 4, 2013 when they went to the polls to elect their leaders. Kenyans know because they spent days and nights watching the unfolding events on KTN and on other outlets.
However, the key word here is "really."
I presume that what Mohammed Ali of the Kiswahili's Jicho Pevu, and John-Allan Namu of the English's Inside Story are telling us, is that a lot more happened during that election period than we were originally told; that either the KTN was unable or unwilling to broadcast the real story at the material time, or, it has now stumbled on new information which it feels we, the public, ought to know.
Either way, my questions are: why is it so necessary to revisit this chapter many of us would like to forget? And, why now?
Hopefully, the reporters will answer those questions.
There are two other general questions journalism practitioners often raise in cases such as this. Jim Onyango Ongowo, a Kenyan student at the University of Leeds raised the same questions in his dissertation for a Masters degree in International Journalism. Does the public have the right to know? And, is it in the public's interest to run an investigative report?
In this case the answer is yes. Kenyans have the right to know everything that happened before, during and after the polls. Why? Because it is a matter of public interest. And two because this is what journalism is all about. However, there is a third side of the coin.
We all know what happened in 2007 when the opposition disputed the polls that gave Mwai Kibaki the presidency. The controversy turned into widespread violence that left over a thousand people dead and tens of thousands others displaced. It also sent three Kenyans to the International Criminal Court (ICC) at the Hague - two of them victors in that election - on charges against humanity.
When the 2013 elections came, we did everything to avoid another convulsion of violence. ODM, the loser, made a lot of noise about how the elections were stolen but - unlike in 2007 - it did not call its supporters out to the streets. Instead, it appealed for calm, filed a case in the Supreme Court and lost. ODM is still disputing that decision.
In the meantime, we have been able to sustain political stability which allows the Jubilee Government to embark on fulfilling its election pledges. All this hardly means we are out of the woods. Mistrust continues to dominate our political landscape because a section of our population refuses to accept the legitimacy of the new Administration. The bottom line is, the country is still susceptible to nefarious political undercurrents.
The Kenya constitution protects media freedom, and KTN - or any other organisation for that matter - has the right to air any material as long it is accurate and fair. The media's first commitment is to the citizenry and not to social, economic or political exigencies.
Where I have a problem is why KTN wants to air a report as sensitive as this at this time of our political transition. The landscape is still too delicate and some of our people are still too disconsolate to rationalise the events surrounding that election.
My opposition to this report is therefore based not on the fundamental principles of media freedom - the right of the public to know - but on the timing.
Ali and Namu are, undoubtedly, among the best in the business. They have distinguished themselves as some of the boldest and fearless investigative journalists in the country. In their quest for the truth, they have rattled government agencies, irritated politicians and ruffled drug and corrupt cartels. By their own admission, they live under threats and warnings of consequences too gruesome to imagine. But they have chosen to trudge on, nevertheless, because they believe in truth.
I am the first to admit my fears may be misplaced, but if and when the report is aired, I hope it will not be used by political elements to promote hatred and ethnicity, but will stand out to add value to knowledge, boost the tenets of investigative journalism and contribute to making Kenya's electoral system more robust and less contentious.
And that is my say.
Much of the heat is being spread by social media pundits who have raised speculation ranging from possible new evidence that hint at completely different election results from the ones announced, to suggestions that the expose` may be a cut-and-paste work from the 839-page evidence bundle submitted by Raila Odinga which the Supreme Court rejected.
Seven affidavits from the Orange Democratic Movement (ODM) which purportedly showed inconsistencies in the voting process were expunged from the Court records before they were heard.
The Kenya Television News station (KTN) has not said exactly when the report would be aired, but video snippets and a full page advertisement carried by its flagship publication, The Standard, ask one curious question: "What really happened at the BALLOT?"
This question sounds superfluous since Kenyans know what happened on that historic March 4, 2013 when they went to the polls to elect their leaders. Kenyans know because they spent days and nights watching the unfolding events on KTN and on other outlets.
However, the key word here is "really."
I presume that what Mohammed Ali of the Kiswahili's Jicho Pevu, and John-Allan Namu of the English's Inside Story are telling us, is that a lot more happened during that election period than we were originally told; that either the KTN was unable or unwilling to broadcast the real story at the material time, or, it has now stumbled on new information which it feels we, the public, ought to know.
Either way, my questions are: why is it so necessary to revisit this chapter many of us would like to forget? And, why now?
Hopefully, the reporters will answer those questions.
There are two other general questions journalism practitioners often raise in cases such as this. Jim Onyango Ongowo, a Kenyan student at the University of Leeds raised the same questions in his dissertation for a Masters degree in International Journalism. Does the public have the right to know? And, is it in the public's interest to run an investigative report?
In this case the answer is yes. Kenyans have the right to know everything that happened before, during and after the polls. Why? Because it is a matter of public interest. And two because this is what journalism is all about. However, there is a third side of the coin.
We all know what happened in 2007 when the opposition disputed the polls that gave Mwai Kibaki the presidency. The controversy turned into widespread violence that left over a thousand people dead and tens of thousands others displaced. It also sent three Kenyans to the International Criminal Court (ICC) at the Hague - two of them victors in that election - on charges against humanity.
When the 2013 elections came, we did everything to avoid another convulsion of violence. ODM, the loser, made a lot of noise about how the elections were stolen but - unlike in 2007 - it did not call its supporters out to the streets. Instead, it appealed for calm, filed a case in the Supreme Court and lost. ODM is still disputing that decision.
In the meantime, we have been able to sustain political stability which allows the Jubilee Government to embark on fulfilling its election pledges. All this hardly means we are out of the woods. Mistrust continues to dominate our political landscape because a section of our population refuses to accept the legitimacy of the new Administration. The bottom line is, the country is still susceptible to nefarious political undercurrents.
The Kenya constitution protects media freedom, and KTN - or any other organisation for that matter - has the right to air any material as long it is accurate and fair. The media's first commitment is to the citizenry and not to social, economic or political exigencies.
Where I have a problem is why KTN wants to air a report as sensitive as this at this time of our political transition. The landscape is still too delicate and some of our people are still too disconsolate to rationalise the events surrounding that election.
My opposition to this report is therefore based not on the fundamental principles of media freedom - the right of the public to know - but on the timing.
Ali and Namu are, undoubtedly, among the best in the business. They have distinguished themselves as some of the boldest and fearless investigative journalists in the country. In their quest for the truth, they have rattled government agencies, irritated politicians and ruffled drug and corrupt cartels. By their own admission, they live under threats and warnings of consequences too gruesome to imagine. But they have chosen to trudge on, nevertheless, because they believe in truth.
I am the first to admit my fears may be misplaced, but if and when the report is aired, I hope it will not be used by political elements to promote hatred and ethnicity, but will stand out to add value to knowledge, boost the tenets of investigative journalism and contribute to making Kenya's electoral system more robust and less contentious.
And that is my say.
Thursday, March 13, 2014
IS KENYA ON THE BRINK OF BANKRUPTCY?
Four years ago Greece, the birthplace of Western democracy and the Olympics Games was declared bankrupt. Three decades of official corruption had brought the country, located at the crossroads of Europe, Western Asia and Africa, to its knees.
By 2010 many of the country's industries had collapsed. The rich were no longer paying taxes. Consequently, the country could no longer meet its debt obligations. Unemployment left millions of people destitute and exorbitant food prices drove people into violent street demonstrations.
The "cradle of all Western civilisations" had to enter into a major bail-out arrangement with the European Union to stay afloat, but it had to sell most of its treasured wealth including idyllic islands. Today, the effects of that meltdown are evident through increased number of beggars and homeless people all over the country.
In the last ten years, two other countries, Argentina and Iceland have gone into a state of ruination for almost similar reasons.
Last year, the once rich city of Detroit, Michigan, in the United States, filed for bankruptcy becoming the largest municipality in the country's history to declare a financial emergency.
For decades, Detroit, known for its giant auto manufacturing plants, had been borrowing money to pay debts. Government corruption was rampant. The tax base had shrunk due to declining population and reduced income tax revenue. The city's computer systems were too obsolete to detect fraudulent activities and again, people were not paying property taxes.
These examples confirm that nations and governments can, in fact, go bankrupt.
Today, in cafes and evening barazas, Kenyans are asking if their country is on the brink of economic collapse. Recent cases of high-level corruption - namely the Standard Gauge Railway and the Laptop Project scandals - among others - together with other worrying issues such as the ongoing wage bill crisis, high budget deficits, increased levels of borrowing, skyrocketing food prices and escalating unemployment are fueling speculation that all is not well.
As stated by President Uhuru Kenyatta and Deputy President William Ruto, the country is living beyond its means. Seventy-four percent of the country's revenue goes into paying salaries while only a paltry 26 percent is reserved for development. If this is how we are going to operate in the next decade and half, the 2030 Vision intended to propel the country into a middle level industrial economy will be a mirage.
However, all is not lost especially if you listen to two leading economists, Mwangi S. Kimenyi of the Africa Growth Initiative and Josephine Kibe, a Senior Fellow at the Global Economy Development organisation. In a recent report, the two laud Kenya for its strong private sector, relative political stability, market friendly policies and a strong human capital as some of the positives that make Kenya's economy relatively unshakable.
Kenya has the largest economy in East Africa with a gross domestic product that represents 40 percent of the region's GDP. Its Stock Exchange is among the best in Africa with strong domestic and foreign participation. This year, according to the two distinguished experts, Kenya is likely to grow at 5.8-6 percent up from 4.6 in 2012. Its foreign exchange reserves are strong and the national currency, the shilling, is relatively stable. Inflation continues to hover at single digit.
So, is Kenya likely to go the way of Greece, Argentina and Iceland? I doubt it.
However, the Jubilee Government has a very limited window of opportunity to prove that it is serious in eradicating high level corruption which now seems to be getting out of hand. Billions of shillings are lost every year to crafty crooks operating right under the nose of the Executive. Kenyans no longer think this is funny.
While the current wage bill crisis is mutating into a political and economic emergency, the growing insecurity is threatening our stability. The government must deal with labour strikes; find a more workable solution to youth unemployment; reduce inequalities; improve health care and rein in insatiable greed from politicians. In addition, it must expand its tax base to increase revenue.
If necessary, as it has been suggested by some, it should lead the nation into reviewing the Constitution with the intention of reducing the number of elected and nominated leaders and cutting down on Commissions and money guzzling government parastatals.
The sooner the Jubilee Administration moves in on these initiatives, the safer the country is from a possible economic meltdown.
And that is my say.
By 2010 many of the country's industries had collapsed. The rich were no longer paying taxes. Consequently, the country could no longer meet its debt obligations. Unemployment left millions of people destitute and exorbitant food prices drove people into violent street demonstrations.
The "cradle of all Western civilisations" had to enter into a major bail-out arrangement with the European Union to stay afloat, but it had to sell most of its treasured wealth including idyllic islands. Today, the effects of that meltdown are evident through increased number of beggars and homeless people all over the country.
In the last ten years, two other countries, Argentina and Iceland have gone into a state of ruination for almost similar reasons.
Last year, the once rich city of Detroit, Michigan, in the United States, filed for bankruptcy becoming the largest municipality in the country's history to declare a financial emergency.
For decades, Detroit, known for its giant auto manufacturing plants, had been borrowing money to pay debts. Government corruption was rampant. The tax base had shrunk due to declining population and reduced income tax revenue. The city's computer systems were too obsolete to detect fraudulent activities and again, people were not paying property taxes.
These examples confirm that nations and governments can, in fact, go bankrupt.
Today, in cafes and evening barazas, Kenyans are asking if their country is on the brink of economic collapse. Recent cases of high-level corruption - namely the Standard Gauge Railway and the Laptop Project scandals - among others - together with other worrying issues such as the ongoing wage bill crisis, high budget deficits, increased levels of borrowing, skyrocketing food prices and escalating unemployment are fueling speculation that all is not well.
As stated by President Uhuru Kenyatta and Deputy President William Ruto, the country is living beyond its means. Seventy-four percent of the country's revenue goes into paying salaries while only a paltry 26 percent is reserved for development. If this is how we are going to operate in the next decade and half, the 2030 Vision intended to propel the country into a middle level industrial economy will be a mirage.
However, all is not lost especially if you listen to two leading economists, Mwangi S. Kimenyi of the Africa Growth Initiative and Josephine Kibe, a Senior Fellow at the Global Economy Development organisation. In a recent report, the two laud Kenya for its strong private sector, relative political stability, market friendly policies and a strong human capital as some of the positives that make Kenya's economy relatively unshakable.
Kenya has the largest economy in East Africa with a gross domestic product that represents 40 percent of the region's GDP. Its Stock Exchange is among the best in Africa with strong domestic and foreign participation. This year, according to the two distinguished experts, Kenya is likely to grow at 5.8-6 percent up from 4.6 in 2012. Its foreign exchange reserves are strong and the national currency, the shilling, is relatively stable. Inflation continues to hover at single digit.
So, is Kenya likely to go the way of Greece, Argentina and Iceland? I doubt it.
However, the Jubilee Government has a very limited window of opportunity to prove that it is serious in eradicating high level corruption which now seems to be getting out of hand. Billions of shillings are lost every year to crafty crooks operating right under the nose of the Executive. Kenyans no longer think this is funny.
While the current wage bill crisis is mutating into a political and economic emergency, the growing insecurity is threatening our stability. The government must deal with labour strikes; find a more workable solution to youth unemployment; reduce inequalities; improve health care and rein in insatiable greed from politicians. In addition, it must expand its tax base to increase revenue.
If necessary, as it has been suggested by some, it should lead the nation into reviewing the Constitution with the intention of reducing the number of elected and nominated leaders and cutting down on Commissions and money guzzling government parastatals.
The sooner the Jubilee Administration moves in on these initiatives, the safer the country is from a possible economic meltdown.
And that is my say.
Thursday, March 6, 2014
NOTHING MUCH TO SMILE ABOUT AFTER JUBILEE COALITION'S FIRST YEAR
Contrary to the pomp witnessed a year ago when the new Kenya Administration took over, the first anniversary of the Jubilee Government of Uhuru Kenyatta and William Ruto, has passed quietly, completely overshadowed by the shenanigans in the opposition Orange Democratic Movement (ODM), and the results of the Kenya Certificate of Secondary Education (KCSE) examinations announced a few days ago.
Other than the low-key Cabinet retreat taking place at the exclusive Mt. Kenya Safari Club where senior Government officials are taking stock of successes and challenges over the past year, there is no visible signs that the watershed probationary period has finally come to an end. Both Uhuru and Kenyatta have told Cabinet Secretaries that a lot more is expected from them from now on. That caution was necessary because some Cabinet Secretaries have been sleeping on the job, with nothing to show during the past 12 months.
That the new government has had a very bumpy ride since it came to power last March cannot be overstated. There have been more challenges than successes, and the teething problems have been more pronounced than usual.
Uhuru and Ruto took over under the shadow of political and legal protests. Although Raila's attempts to overturn Jubilee's victory failed at the Supreme Court, his efforts at frustrating the new regime persist.
The Uhuru/Ruto Coalition has therefore had an uphill task in trying to fulfil its key campaign promises. One major success relates to free maternal care. Thousands of Kenyans who were previously denied pre- and post-natal care are today enjoying free State services. We are now breeding a much healthier population than before.
The other achievement is the successful launch of the irrigation scheme in Tana River which is expected to transform lives in one of the poorest regions in Kenya and to contribute to food security. The smooth implementation of the LAPSSET project in Lamu is another Jubilee success story.
However, the Government is yet to kick-start its much talked about Standard Gauge Railway line from Mombasa to Malaba; and is facing serious challenges in as far as the ambitious School Laptop Project is concerned. The Government has also been unable to get the majority of Kenyans on board its policies, and recent opinion polls have shown an erosion of confidence in Jubilee especially among the unemployed youth and marginalised groups.
In the past week, I visited some tourist hotels along the Coast and talked to players in the industry. What I found was that the beach tourism has virtually collapsed as a result of security scares driven by travel advisories from major suppliers.
Americans and Europeans believe the terror threat is real along the Kenyan Coast where Jihad ism appears to be taking root. This is seriously hurting the industry. Because of the absence of tourists, hundreds of employees have been laid off; families have been denied a decent existence and small scale traders have been driven into destitution. This shows the Government's failure in tackling insecurity in the country.
But the biggest failure of the Jubilee Government has been in its inability to rein in grand corruption. The state of graft is a big worry to locals and overseas investors. For whatever reasons, the initial government commitment to deal with corrupt public officials appear to have waned, something that is giving room to big time dealers to operate with impunity. The most influential citizens continue to manipulate their way into multi-million shilling tenders with inflated quotes and shoddy work.
At the lower level, motorists still have to bribe their way out of traffic offences; citizens still must part with ""kitu kidogo" to be attended to promptly by government officers; and money continue to change hands at the ports of entry, at weighbridge stations and even within police stations.
There was a lot of hope in Government pronouncements that tough action would be taken to deal with corrupt elements, but nothing tangible has so far been seen.
I hope the Mt. Kenya Safari Club session will come up with practical solutions to these problems, otherwise the 20-year Jubilee rule prediction could turn out to be nothing but hot air.
And that is my say.
Other than the low-key Cabinet retreat taking place at the exclusive Mt. Kenya Safari Club where senior Government officials are taking stock of successes and challenges over the past year, there is no visible signs that the watershed probationary period has finally come to an end. Both Uhuru and Kenyatta have told Cabinet Secretaries that a lot more is expected from them from now on. That caution was necessary because some Cabinet Secretaries have been sleeping on the job, with nothing to show during the past 12 months.
That the new government has had a very bumpy ride since it came to power last March cannot be overstated. There have been more challenges than successes, and the teething problems have been more pronounced than usual.
Uhuru and Ruto took over under the shadow of political and legal protests. Although Raila's attempts to overturn Jubilee's victory failed at the Supreme Court, his efforts at frustrating the new regime persist.
The Uhuru/Ruto Coalition has therefore had an uphill task in trying to fulfil its key campaign promises. One major success relates to free maternal care. Thousands of Kenyans who were previously denied pre- and post-natal care are today enjoying free State services. We are now breeding a much healthier population than before.
The other achievement is the successful launch of the irrigation scheme in Tana River which is expected to transform lives in one of the poorest regions in Kenya and to contribute to food security. The smooth implementation of the LAPSSET project in Lamu is another Jubilee success story.
However, the Government is yet to kick-start its much talked about Standard Gauge Railway line from Mombasa to Malaba; and is facing serious challenges in as far as the ambitious School Laptop Project is concerned. The Government has also been unable to get the majority of Kenyans on board its policies, and recent opinion polls have shown an erosion of confidence in Jubilee especially among the unemployed youth and marginalised groups.
In the past week, I visited some tourist hotels along the Coast and talked to players in the industry. What I found was that the beach tourism has virtually collapsed as a result of security scares driven by travel advisories from major suppliers.
Americans and Europeans believe the terror threat is real along the Kenyan Coast where Jihad ism appears to be taking root. This is seriously hurting the industry. Because of the absence of tourists, hundreds of employees have been laid off; families have been denied a decent existence and small scale traders have been driven into destitution. This shows the Government's failure in tackling insecurity in the country.
But the biggest failure of the Jubilee Government has been in its inability to rein in grand corruption. The state of graft is a big worry to locals and overseas investors. For whatever reasons, the initial government commitment to deal with corrupt public officials appear to have waned, something that is giving room to big time dealers to operate with impunity. The most influential citizens continue to manipulate their way into multi-million shilling tenders with inflated quotes and shoddy work.
At the lower level, motorists still have to bribe their way out of traffic offences; citizens still must part with ""kitu kidogo" to be attended to promptly by government officers; and money continue to change hands at the ports of entry, at weighbridge stations and even within police stations.
There was a lot of hope in Government pronouncements that tough action would be taken to deal with corrupt elements, but nothing tangible has so far been seen.
I hope the Mt. Kenya Safari Club session will come up with practical solutions to these problems, otherwise the 20-year Jubilee rule prediction could turn out to be nothing but hot air.
And that is my say.
Sunday, February 23, 2014
THE "NEW" CONSERVATIVE CHIEF JUSTICE SHOULD GIVE WAY TO THE "OLD" LEFTIST MUTUNGA
Some months ago I wrote an article in this space predicting a very rough time ahead for Chief Justice Willy Mutunga.
At that time, Mutunga was embedded in a bruising and controversial battle to oust Chief Registrar Gladys Shollei over matters related to alleged financial impropriety. The President of the Supreme Court was also facing resistance from a section of judges who were protesting against their relocation to the new court house on the hill.
That prediction appears to be coming to pass as the former human rights crusader has been caught, once again, in a "deadly" triangle of political diatribe and professional humiliation.
In the 1980's when he was active in civil rights and democracy campaigns, Mutunga was a tough-talking, fire-spitting operative who, together with others, gave President Daniel Arap Moi many nightmarish nights. He was the Secretary General of the University Staff Union (USU), an active leftist, and one of the alleged master-minds of the toxic Pambana publication that spread Moi's dictatorial ills for the whole world to know.
He was detained in July 1982 and spent 15 months at the Kamiti maximum prison. His activism continued upon his release and relocation to Canada the following year. But by 2009 when he joined the Nairobi office of Ford Foundation, the left-wing academic had mellowed into an arm chair civil rights bureaucrat. His controversial entry into the Kenya Judiciary in 2011 transformed him further into a humble and demure individual who was focused on only one thing: transforming the corrupt and inefficient Kenya Judiciary into one of the best-run institutions.
Never did he know that the post of Chief Justice is as political as it is administrative. This is not to say he has failed to deliver in terms of reforms. He has not, and the evidence is there. Today, the public has more confidence in the Judiciary than at any time in the country's history.
However, with the new Constitution came fresh expectations from both the public and the ruling elite. It wasn't long - after the Supreme Court ruling in 2013 on the presidential election dispute between Raila Odinga and Uhuru Kenyatta - that Mutunga found himself receiving punches left, right and centre from angry politicians who thought he had been "bought" by the Jubilee Coalition. Joining in were corrupt cartels determined to resist any changes in the statusquo.
The current crisis in which the Judiciary is embroiled in, is to my opinion, just one of several covert and overt schemes to frustrate efforts at reforming the Judiciary. In any democracy, the Judiciary is independent of both the Executive and Parliament. It is also the principal custodian of justice which it must dispense justly and fairly. But persistent interference in its affairs now threatens its independence, something likely to scare judges and magistrates when making rulings.
A good example of this interference is seen in the current case of Governor Martin Wambora. A High Court overruled - based on the evidence it had - a Parliamentary decision to impeach the Embu Governor on account of abuse of office. Soon thereafter, the Judiciary came under attack from politicians who charged that it had acted "unconstitutionally" and warned of retribution including the re-introduction of a vetting system for judges. From past experiences, no judge would want to go through the traumatic kind of public vetting process that Parliament envisages.
The man who could have saved Mutunga in the Judiciary-vs-Parliament verbal contest - President Uhuru Kenyatta - appeared not to take sides although he did express some displeasure over the ruling.
As I write this piece, Mutunga has not responded to the attacks, perhaps not wanting to publicly take on Parliament and the Executive.
However, It would be interesting to see how long the Chief Justice would take punches without hitting back. His disadvantage is that he is a civil servant and cannot just convene a public meeting and start to bash politicians. Perhaps, the "new" conservative Mutunga should bring back the "old" firebrand Mutunga to the battle front and find a way of excavating himself from this quagmire.
The Chief Justice has nothing to lose after all since the constitution does not give Parliament or anyone else powers to sack him. Short of a voluntary resignation, the ear-studded former law lecturer has four more years ahead of him to fight off humiliation from politicians.
And that is my say.
At that time, Mutunga was embedded in a bruising and controversial battle to oust Chief Registrar Gladys Shollei over matters related to alleged financial impropriety. The President of the Supreme Court was also facing resistance from a section of judges who were protesting against their relocation to the new court house on the hill.
That prediction appears to be coming to pass as the former human rights crusader has been caught, once again, in a "deadly" triangle of political diatribe and professional humiliation.
In the 1980's when he was active in civil rights and democracy campaigns, Mutunga was a tough-talking, fire-spitting operative who, together with others, gave President Daniel Arap Moi many nightmarish nights. He was the Secretary General of the University Staff Union (USU), an active leftist, and one of the alleged master-minds of the toxic Pambana publication that spread Moi's dictatorial ills for the whole world to know.
He was detained in July 1982 and spent 15 months at the Kamiti maximum prison. His activism continued upon his release and relocation to Canada the following year. But by 2009 when he joined the Nairobi office of Ford Foundation, the left-wing academic had mellowed into an arm chair civil rights bureaucrat. His controversial entry into the Kenya Judiciary in 2011 transformed him further into a humble and demure individual who was focused on only one thing: transforming the corrupt and inefficient Kenya Judiciary into one of the best-run institutions.
Never did he know that the post of Chief Justice is as political as it is administrative. This is not to say he has failed to deliver in terms of reforms. He has not, and the evidence is there. Today, the public has more confidence in the Judiciary than at any time in the country's history.
However, with the new Constitution came fresh expectations from both the public and the ruling elite. It wasn't long - after the Supreme Court ruling in 2013 on the presidential election dispute between Raila Odinga and Uhuru Kenyatta - that Mutunga found himself receiving punches left, right and centre from angry politicians who thought he had been "bought" by the Jubilee Coalition. Joining in were corrupt cartels determined to resist any changes in the statusquo.
The current crisis in which the Judiciary is embroiled in, is to my opinion, just one of several covert and overt schemes to frustrate efforts at reforming the Judiciary. In any democracy, the Judiciary is independent of both the Executive and Parliament. It is also the principal custodian of justice which it must dispense justly and fairly. But persistent interference in its affairs now threatens its independence, something likely to scare judges and magistrates when making rulings.
A good example of this interference is seen in the current case of Governor Martin Wambora. A High Court overruled - based on the evidence it had - a Parliamentary decision to impeach the Embu Governor on account of abuse of office. Soon thereafter, the Judiciary came under attack from politicians who charged that it had acted "unconstitutionally" and warned of retribution including the re-introduction of a vetting system for judges. From past experiences, no judge would want to go through the traumatic kind of public vetting process that Parliament envisages.
The man who could have saved Mutunga in the Judiciary-vs-Parliament verbal contest - President Uhuru Kenyatta - appeared not to take sides although he did express some displeasure over the ruling.
As I write this piece, Mutunga has not responded to the attacks, perhaps not wanting to publicly take on Parliament and the Executive.
However, It would be interesting to see how long the Chief Justice would take punches without hitting back. His disadvantage is that he is a civil servant and cannot just convene a public meeting and start to bash politicians. Perhaps, the "new" conservative Mutunga should bring back the "old" firebrand Mutunga to the battle front and find a way of excavating himself from this quagmire.
The Chief Justice has nothing to lose after all since the constitution does not give Parliament or anyone else powers to sack him. Short of a voluntary resignation, the ear-studded former law lecturer has four more years ahead of him to fight off humiliation from politicians.
And that is my say.
Sunday, February 16, 2014
THE HEAT IS ON FOR SHADY KENYA COUNTY EXECUTIVES
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.
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 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.
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